Applying for Asylum in Japan
By a Falun Dafa practitioner in Japan
(Clearwisdom.net) When I think of a refugee, a poor skinny child comes to
mind. This image is rather pessimistic and negative. I never thought that one
day I would become one myself. In July 2004, I went to Japan to pursue a job opportunity. Though reluctant
at first, I decided to apply for asylum. My first thought was very simple:
"I do not want to go back to China to be subjected to the
persecution." After discussing with fellow practitioners, however, my
understanding improved. Applying for asylum is also a way to save sentient
beings. Once in Japan, I published an article with my real name on the Minghui/Clearwisdom
website about the persecution I had suffered in China. Although I did this, I
did not think seriously about how to clarify the truth to the
Japanese people. Fellow practitioners shared with me that most practitioners who applied for
asylum status in Japan before did not mention their experiences of the
persecution in China. The documents they prepared usually only provided general
information about the persecution. My understanding from this is that the
Japanese government probably did not understand how severe the persecution in
China is. Though they gave the practitioners who applied for asylum a legal
residence status, they did not acknowledge the practitioners' need for asylum. If there were more practitioners who came from China providing clear evidence
of the persecution, wouldn't it help the asylum application procedure for
practitioners? If the Japanese government truly understood the facts of the
persecution and granted asylum status to practitioners, it would be the same as
publicly admitting that the persecution is real. It is a way for the Japanese
government to condemn the persecution, and support and rescue practitioners. By
doing this, wouldn't it pave the way for a bright future for Japan? I believe
this is so. Besides, applying for asylum is a good way to clarify the truth in
general. Usually when we go to talk about the persecution to Japanese government
officials, they might not make time to listen to us, but when we are following
the proper legal procedure of applying for asylum and deliver supporting
materials to them, they have to read it because it is their job. I decided to follow the suggestions of my fellow practitioners. Though the
situation of applying for asylum in Japan is not too hopeful for practitioners,
and even though I had just left China and did not have enough money to pay for a
lawyer, I still decided to apply for asylum for my family and myself (my family
members are all practitioners). I submitted the application in September 2004. In March 2005, when I first met with the asylum investigation officer, I had
deepened my understanding of clarifying the truth in the process of applying for
asylum. Since I had personally experienced the persecution in China, the officer
lengthened the time for our meetings several times. Eventually, it took six
meetings over a two-month period before we had finished. He asked very detailed
questions about my situation: What is Falun Gong, how I came to practice Falun
Dafa, how I benefited from practicing, the facts of the persecution, and about
the Falun Gong-related activities I attended here in Japan. There was a
translator with me at all the meetings. The officials all learned about the beauty of Dafa and the brutality of the
persecution. I gave them copies of the Nine Commentaries on the
Communist Party (translated into Japanese). I also gave them some
printed materials from related websites. I reminded them to read the book
carefully so that they could understand why the persecution of Falun Gong
happened in China. Later, the investigation officer told me that he had read the
Nine Commentaries. In our meeting, the officer said in Chinese,
"They (practitioners) are good people." I did not find him to have any
tendencies of purposefully creating obstacles to my application. Later, I
understood that whatever the result of my application was, applying for asylum
was the right action because it helped another person to fully understand the
truth. Actually, there were more than just two government officials learning the
truth; our original documents and those prepared by the officer were delivered
to other officials to review as well. More people would thus have a chance to
read our stories and learn the truth. During the time when we were waiting for the conclusion of our application,
my daughter enrolled in an elementary school, graduated, and is now in middle
school. When we collected signatures to support all the practitioners applying
for asylum, people at her two schools learned about our experience of the
persecution. At my daughter's middle school, the school's principal addressed it
in a meeting. Eventually, almost all of the teachers signed our petition. One
teacher even encouraged her family to sign. This action calling for support for
the asylum applications was launched by a relative of mine living in Japan. I
believe that the kind people who supported practitioners have chosen bright
futures for themselves. In January 2006, we received a notice telling us that a decision on our
application had been reached. Our application for asylum was refused. They gave
three reasons for denying our application. Their main point was that we were
only ordinary practitioners, not coordinators or organizers. Based on that, they
claimed that the persecution I suffered in China, and the potential persecution
I would face if I return to China after publicly attending Falun Gong activities
in Japan, was not sufficient to merit asylum. This response obviously had not
correctly taken the facts into account. I saw the need to further clarify the
truth to them. It is true that we are ordinary practitioners, but after the persecution
started in July 1999, the neighborhood committee and leaders of my workplace
went to our home to harass us. My workplace put me under surveillance for more
than three months. I went to Tiananmen Square in Beijing to unfurl a banner in
support of Falun Gong and was detained. Later, I was forced to be homeless. The
perpetrators found me in Guangzhou City and sentenced me to two years of forced
labor (the Minghui/Clearwisdom website reported this incident). These are all
facts of the persecution. Practitioner Jiang Renzheng in Germany was forced to return to China and was
arrested after his application for asylum was refused. In Japan, there are some
similar examples: some ordinary practitioners who returned to China were
detained as soon as they stepped off their flights. How could they claim that
"ordinary practitioners" were immune from persecution? After reading the final decision on my application, they told us that we
could appeal in seven days if we did not agree with it. They also added that if
we wanted to stay in Japan permanently, we could also bring it up, but it would
have nothing to do with the asylum application. We certainly want to stay in Japan. We came to Japan because our family was
indeed under persecution for practicing Falun Gong. Our hope to stay in Japan is
also out of concern for the persecution we would have to face if we returned to
China. If were are not granted asylum status, how could we stay in Japan? Is it
possible that Japan would grant anyone a permanent residence status? In the end,
we were given a one-year residence status. This result is the same as that of
the first group of practitioners in Japan who were refused asylum. We discussed with fellow practitioners about our situation and got several
different opinions on whether we should appeal the decision or not. The reason
that some gave for not appealing is that when the government granted
practitioners residence status, it was a way to help practitioners. In fact, the
final outcome shows that the Japanese government also knows the truth of the
persecution, but due to their fear of upsetting the Chinese Communist party, the
Japanese government probably does not want to publicly state their position. On the other hand, Japan is also not an "immigration country," as
its population density is very high. So the immigrant issue is a very sensitive
topic. We should understand the Japanese government's difficulties. Besides,
this issue had been discussed several times amongst practitioners over the
years, and there has been a general consensus on this understanding. Reasons for Appealing the Japanese Government's Ruling According to the definition of "asylum," we applied for asylum
because the Chinese Communist Party (CCP) controls the whole nation, and they
act like a machine persecuting Falun Gong. We do not want to have to be forced
to accept "protection" from our own country. Further, we must protest
the CCP's persecution of Falun Gong. What kind of "protection" does the CCP offer to its people? The CCP
boasts that the reputation of Chinese people in the international community has
increased dramatically under its leadership, but you will get a different
picture after finding out the experiences of a Chinese person traveling abroad
with a Chinese passport. In this world, except North Korea, there is no other
passport that is as difficult to use as the Chinese passport. The Chinese
passport receives no visa exemptions in other countries. Even the passports of
Hong Kong and Macau receive visa exemptions in more than 130 countries and 60
countries and areas, respectively. What's more, one is at risk of persecution in China if one is of Chinese
decent, regardless of one's nationality. If people go to Tiananmen Square to
appeal against certain injustices, people of foreign nationalities and races are
released quickly, but Chinese people of foreign nationalities face the same
treatment as Chinese citizens, such as detention or forced labor. In 1951, the United Nations formulated the Convention Relating to the Status
of Refugees. The countries that joined the pledge and/or the protocol have the
duty to carry out the related stipulations. The United Nations refugee bureau
has a surveillance function. When necessary, it can intervene to guarantee that
genuine refugees obtain asylum, and not be sent back to countries where their
lives would be in danger. Japan is one of signatory countries of this
convention. For anyone seeking protection under this refugee convention, it is necessary
to request the signatory country to provide protection. For the signatory
country, it is their duty to recognize these people's status as refugees and to
provide protection. Therefore, being a refugee is not a person's shame; instead
it is the shame of the country and the government who denies the appropriate
status. Applying for refugee status does not mean that one is begging for help. People living in China are influenced by the evil CCP's culture. Under this
pervasive influence they form various notions without realizing it. For example,
when I first came to Japan, I always felt uneasy about going to government
offices for personal business. When I crossed the road when the traffic light
turned green, I always had the inclination to step back if I saw a car
approaching the crosswalk. In China, because power means taking advantage of
others, the general public is made vulnerable. There is no equality. Government
buildings in China are always built in a strong, high style and look dignified
on the surface. The people driving luxury cars consider it their privilege to
ignore traffic rules. When the government does something that it should do out
of its duty, the general citizens, nevertheless, always feel gratitude. If you
watch TV in China, the typical pictures you would see are things like disaster
victims thanking the government and various government officials for improving
on rescue efforts. When I first came to this democratic country it took me quite some time to
adjust my mentality and get used to the normal relationship between the
government and its citizens. After meeting with the refugee investigation
officer in Japan, I came to feel that we were equals. I felt neither arrogant
nor servile, but only stated the facts. Teacher said in "Teaching the Fa at the Western U.S. Fa
Conference", "On the surface, we're seeking support for Dafa from the world's
people. This is the thinking of the worldly human side, manifest in this human
place. Yet it's reversed on the other side. Whoever supports Dafa or advocates
for Dafa is establishing for himself his being's existence in the future and
is laying a foundation for obtaining the Fa in the future." Since Dafa practitioners are using the legal system for refugee applications,
isn't the system ultimately designed for rescuing practitioners? Aren't
practitioners the key to helping the Japanese government choose a bright future?
Though the number of refugees that Japan recognizes every year is very low, on
average about 10 to 20, Dafa practitioners should be among those selected, even
if Japan can only recognize one refugee in a year. The persecution of Falun Gong
is the most serious violation of human rights. Any rationale for a system of
refugee regulations would therefore need to recognize Dafa practitioners. Therefore, our clarifying the truth is to provide the facts about Falun Gong,
the persecution and the evilness of the CCP to people, so as to help people make
righteous judgments, take right actions and not have regrets later on. But the
choices people make depend solely on themselves. What we can do is try to
provide them the facts and reasons so they can make the best choices. The law
permits us to appeal. What's more, the reasons why they denied our asylum
application were not based on the facts. This is a chance for us to more deeply
and broadly clarify the facts, so why not do it? As for how the final result
will be, we won't be attached to it, but will just focus on how to put forth our
best efforts in the process. The above represents my understanding at my current level. Please point out
anything inappropriate. February 4, 2006
Chinese version available at
http://www.minghui.org/mh/articles/2006/2/7/120122.html
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