Japan

2012 Regional Operations Profile - East Asia and the Pacific

Working environment

The first group of 27 refugees from Myanmar who arrived in Japan in September 2010 as part of a three-year pilot resettlement programme have taken steps towards integration with local communities. A second group is scheduled to arrive in the fall of 2011. Other positive developments in Japan include improvements in refugee status determination (RSD) and changes to the detention policy.

By June 2011, the Japanese authorities had fulfilled one of their commitments -- to render first-instance RSD decisions within six months. The number of detained asylum-seekers has decreased, while alternatives to detention are being discussed with the authorities along with the involvement of civil society. UNHCR and the immigration authorities have strengthened cooperation through capacity-building programmes for adjudicators.

With Australia pursuing regional approaches to addressing irregular migration by sea, UNHCR has focused on ensuring that the fundamental protection principles and standards set out in the Refugee Convention are upheld in regional arrangements. The arrival of asylum-seekers by boat and issues related to detention and RSD continue to arouse strong public sentiments in Australia; at the same time, there is considerable public support for the country's resettlement programme.

New Zealand has well-established and effective RSD procedures to manage asylum claims. The country's annual resettlement quota of 750 refugees is an important example of global burden-sharing in refugee protection.

In Papua New Guinea, which has generously hosted West Papuan refugees for decades, there has been some progress towards improving refugee protection, including ongoing discussions to lift all seven reservations the country made to the 1951 Convention. However, at present, there is no effective national regulatory framework or institutional capacity to conduct RSD.

In 2011, Nauru acceded to the Refugee Convention and Protocol. With few refugees and asylum-seekers on their territory, the focus of most Pacific Island Countries remains on displacement that can be brought on by climate change.

In China, UNHCR continues to advocate for the enactment and implementation of national asylum legislation in line with the Refugee Convention and has confirmed its readiness to assist the Government in this area. In Hong Kong SAR (China), a Memorandum of Understanding between Hong Kong SAR and UNHCR has helped in strengthening the partnership with the authorities, while enhancing protection and assistance for asylum-seekers and refugees in the territory. The accord also helps to reinforce UNHCR's capacity to conduct RSD.

In Mongolia, UNHCR is helping to build national capacity in anticipation of the country's accession to the Refugee Convention.

In the Republic of Korea, UNHCR will continue to advocate for the timely adoption of the Refugee Bill, a framework with provisions on asylum procedures and the treatment of refugees. Throughout 2011, UNHCR and its partners' joint capacity-building efforts have helped to enhance the quality of decision-making during the RSD process, and ensure consistency in the interpretation of the refugee definition.

UNHCR has also increased its engagement with NGO partners in order to address the needs of vulnerable asylum-seekers and refugees more effectively. Greater contact with the Korean media has led to increased public awareness of refugee issues, and led to a significant increase in private-sector funding for UNHCR's programmes in 2011.

Japan, Australia, New Zealand and the Republic of Korea have all maintained or increased their generous contributions to UNHCR, with Australia and Japan making record-high contributions in 2011. Greater efforts in private sector fund raising in Australia, Japan, the Republic of Korea and Hong Kong SAR have yielded positive results, and this trend is expected to continue.

Strategy in 2012

UNHCR will continue to advocate for improved protection for all people of concern, unhindered access to asylum, high-quality RSD procedures and expanded opportunities for durable solutions. It will also advocate for better livelihood and integration opportunities for urban refugees, improved reception conditions, alternatives to detention, and the prevention of statelessness.

Offices in Japan, the Republic of Korea, Australia and China will continue working on strengthening public support for refugee issues. They will also seek to raise funds from public and private sources in these countries.

Constraints

The concerns of governments related to national security and the curbing of irregular migration continue to have an impact on the protection of refugees and asylum-seekers in the region. Challenges remain in ensuring entry to territory and access to asylum procedures as well as the provision of proper reception conditions at points of entry. Furthermore, the detention of asylum-seekers and refugees, including children and vulnerable groups, remains cause for disquiet. Limited livelihood opportunities increase the vulnerability of refugees and asylum-seekers in urban areas. Indeed, a general lack of understanding of refugee issues impedes UNHCR's efforts to promote a favourable protection environment in East Asia and the Pacific.

Operations

In Australia and New Zealand, UNHCR's focus will be on preserving and strengthening asylum space; improving the physical security of people of concern and protecting them against refoulement; supporting the search for durable solutions; and promoting tolerance and public understanding of refugees and related issues.

UNHCR will continue to monitor the quality of decision-making and jurisprudence on asylum, in order to ensure access to fair and effective asylum procedures and compliance with the Refugee Convention. Policy developments and practice with respect to the use of mandatory detention in Australia will be monitored, and alternatives to detention in accordance with international standards promoted.

Working closely with the national authorities, UNHCR will maximize the use of resettlement as a strategic protection tool and a burden-sharing mechanism. It will make particular efforts to ensure that this durable solution addresses the needs of women and children at risk.

The engagement of Australia and New Zealand with the Regional Cooperation Framework adopted under the Bali Process will receive strong UNHCR support. In addition, it will promote public awareness of asylum issues and support for refugees and asylum-seekers, including through the provision of timely and accurate public and media information. UNHCR will also seek to optimize support from public and private donors in Australia and New Zealand. It will work closely on public awareness campaigns with its national association in Australia and various other interest groups and corporations.

In the Pacific Island Countries, UNHCR will continue to provide practical support tailored to the needs of each country in RSD, training of officials and introduction of protection safeguards in immigration procedures. While accession to the Refugee Convention provides these countries with the best framework within which national laws and regulations can be developed, UNHCR also recognizes that there are other steps that they need to take to develop effective, balanced and credible refugee protection systems.

Under the Pacific region protection cluster, UNHCR, in coordination with OHCHR, will continue to support efforts to integrate protection considerations into natural and man-made disaster response planning and delivery.

In Papua New Guinea (PNG), UNHCR will continue to advocate for -- and support through capacity-building -- the Government's efforts to develop a comprehensive refugee policy, revise its current Migration Act, and establish RSD procedures. In promoting local integration as the main durable solution for all West Papuan refugees, UNHCR will help refugees to obtain PNG citizenship. In East Awin, interventions will focus on strengthening community management and protection mechanisms as well as improving self-reliance.

With regard to West Papuan refugees living in urban areas, UNHCR will continue to advocate for access to land for the most vulnerable, with interventions mainly focusing on increasing self-reliance and community support. Furthermore, UNHCR will cooperate with the national Government and provincial authorities to address the relocation needs of West Papuans living in border areas.

Where necessary, UNHCR will continue to provide basic material assistance to non-Melanesian refugees in urban areas. Public awareness activities will be undertaken to support ongoing advocacy to lift PNG's reservations to the Refugee Convention.

In China, UNHCR will undertake RSD and identify durable solutions for all people of concern, while advocating for the enactment of national refugee legislation and policies in accordance with international refugee law. It will continue to advocate for respect for the principle of non-refoulement, and to develop closer cooperation with the authorities and other relevant national actors to improve protection and humanitarian space.

UNHCR will provide material assistance, including accommodation, living allowances and access to basic health care to refugees, pending the implementation of appropriate durable solutions. It will also continue its efforts to raise public awareness of refugee issues.

In Hong Kong SAR (China), UNHCR's focus will be on developing a stronger partnership with the authorities and civil society while helping to build their capacity. UNHCR will continue to undertake RSD and identify durable solutions, and work closely with the Government and civil society to ensure that the basic needs of people of concern in the territory are met.

In Mongolia, UNHCR will undertake training and other capacity-building activities to assist relevant government institutions, civil society and academia to promote refugee law and accession to 1951 Convention.

In Japan, UNHCR will build on the positive developments in issues related to RSD and detention. It will enhance its cooperation with the immigration authorities, and continue to provide capacity-building support, including internship opportunities in UNHCR offices for immigration officials. In relation to the detention of asylum-seekers, UNHCR will facilitate partnership between the Government and civil society to make alternatives to detention more accessible.

UNHCR will help the Government to implement the pilot resettlement project, and support the setting up of a full-fledged programme. At the same time, it will advocate for the greater involvement of civil society and local communities in helping resettled refugees integrate into local communities.

UNHCR will undertake a wide range of awareness-raising activities in partnership with the national association, including collaborative internship programmes and public events such as the Refugee Film Festival. The strategic partnership with the Japan International Cooperation Agency and Japanese NGOs will be strengthened, while the eCentre will continue to provide tailored workshops and promote emergency response mechanisms in the region.

In the Republic of Korea, UNHCR will co-host new initiatives and reinforce its existing capacity-building support for the Government and partners to improve the quality and standards of the national asylum system. It will also advocate for the Government to accede to the Convention on the Reduction of Statelessness and to begin a mapping exercise to identify stateless people.

UNHCR will emphasize the need to put formal asylum procedures in place at ports of entry to ensure that the principle of non-refoulement is respected. The setting up of a reception centre is expected to be completed in 2012, and UNHCR will advocate for reception services to be put in place as rapidly as possible to respond to the needs of newly arrived asylum-seekers. It will also enhance its legal and social counselling services and work with other service providers in ensuring that the most pressing needs of persons of concern are covered until the establishment of relevant Government programmes. UNHCR will also strengthen its awareness-raising and private fund-raising activities in partnership with media and the cooperate sector.

Financial information

UNHCR's 2012 budget reflects the comprehensive needs of the populations of concern in East Asia and the Pacific, while taking account of implementation capacity. Though the overall requirement for the subregion in 2012 is lower than in 2011, the budget will enable UNHCR to maintain its capacity to address the protection and assistance needs of populations of concern, mainly in urban areas, and continue key advocacy activities.

Source: UNHCR Global Appeal 2012-2013

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