People fleeing fighting in Goma, eastern Congo. January 26, 2025 (©Reuters)
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The Refugee Convention, specifically the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, was established in the aftermath of World War II. Its primary aim was to protect civilians fleeing from the Eastern Bloc to the West. Born out of the Cold War, the convention's origins continue to shape how "refugee" is defined today.
At the time, the focus was clear. In communist states, individuals were often persecuted for their political or religious beliefs. To counter that behavior, the convention aimed to provide legal protection for those targeted by authoritarian regimes.
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Since then, however, the nature of global displacement has dramatically evolved. Today's international community faces crises not only along ideological lines but across divides between the Global North and South, and even within the Global South itself.
Conflicts driven by ethnic tension, poverty, and inequality have triggered civil wars, lawlessness, and mass atrocities. Many have fled in search of safety. Others have left not because their lives were immediately endangered, but to escape poverty, disaster, or systemic discrimination in hopes of building a better future.
The Limits of an Old Framework
As global challenges have shifted from Cold War-era ideological divides to the complex realities of North-South and South-South tensions, the original framework of the Refugee Convention has become increasingly difficult to apply. It was designed to protect those fleeing political persecution under authoritarian regimes. For the most part, that did not include those escaping fragile governance, chronic instability, or daily insecurity.
At the same time, it's overly simplistic and unjust to dismiss everyone in these circumstances as mere economic migrants and deny them protection outright.
In response, new systems have begun to emerge under terms like "complementary protection." These frameworks are meant to assist individuals fleeing indiscriminate violence, conflict, or systemic collapse — even if they don't strictly qualify as refugees under the original convention.
Japan is among the countries starting to adopt such measures.
Natural Disasters and the Unseen Migrant Crisis
Looking ahead, political repression, armed conflict, economic collapse, and natural disasters will continue to force people from their homelands. Across borders, there remains a shared moral instinct, a sense that we should help those in need. But when it comes to the concrete questions of how to help and through what systems, the world is still feeling its way forward.
On March 28, 2025, central Myanmar was struck by a powerful magnitude 7.7 earthquake. Around the same time, a high-rise building under construction collapsed in Bangkok — a tragedy still fresh in public memory. I extend my sincere condolences to all those affected and pray for their swift recovery.
What stood out to me in the aftermath was a striking detail: many of the workers at the collapse site were from Myanmar. A behavioral study by the Media Intelligence Group (MI Group) estimates that there are currently 6.8 million Myanmar nationals working in Thailand. Of these, only about 1.85 million have valid work permits. In other words, over 67% of Thailand's roughly 2.7 million foreign workers are from Myanmar. And the vast majority of them are undocumented.
Legal Status Matters for Protection
Roughly five million Myanmar nationals are working in Thailand without legal status. If one of them is killed or injured in a workplace accident, like in the recent building collapse, there's often no registration, no records, and no protections. They vanish without a trace, unrecognized by any official system.
In the case of Myanmar-Thailand migration, this undocumented status often results from informal land crossings. Japan, by contrast, requires all entrants to pass through official ports or airports, making irregular entry less common. Still, once someone overstays their visa or fails to obtain proper residency, they too become undocumented.
A Hard Look In Japan
I believe Japan should not accept foreign workers under such conditions. Anyone living here should hold a valid residence status — not only to ensure access to emergency support and legal protections, but also to earn the trust of both Japanese society and fellow foreigners. Japan's system should help those in need obtain and maintain legal status, not fall through the cracks.
At the same time, Japan must take a hard look at the immigration and refugee policy failures seen in many Western countries. There are people who don't qualify as refugees under the convention but are fleeing instability, poor governance, or systemic failure. We should recognize their hardship and create mechanisms that offer fair access to information, assistance, and opportunities.
However, reliance solely on international organizations like UNHCR or the International Organization for Migration to manage refugee and migration issues is not ideal. Japan should strengthen its own efforts through agencies like the Japan International Cooperation Agency.
By focusing on international cooperation, technical assistance, and financial aid, Japan can help developing countries build the conditions that allow people to thrive at home, surrounded by family and community, in peace and stability.
Legal Paths and Human Stories
April 30, 2025, marked 50 years since the end of the Vietnam War. It was a moment that evoked memories of the harrowing refugee crisis that followed. In the late 1970s and 1980s, the exodus from Indochina shocked the world. Between two and three million "boat people" fled Vietnam alone. In an era before the internet or mobile phones, they were driven by fear, misinformation, and desperation, setting out into the sea with nothing but hope for survival.
A boy who fled his country at the age of ten would now be 60. Rescued by Japan, he became a citizen more than three decades ago. Today, he runs his own company and actively supports students and technical interns from his homeland. He is one of many who now serve as living bridges between Japan and Vietnam.
Foreign workers come with different hopes and plans. Some aim to stay briefly, earn money, and return home. Others dream of reuniting with family and building a permanent life in Japan. Whatever their path, we must ensure they can live here legally — in a society built on mutual respect and shared effort.
RELATED:
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- Speed Up Myanmar Aid as Earthquake Damage Grows
- Into the Heart of Immigration In America: One Vietnamese Family's Journey
Author: Fusako Yanase
In addition to being an expert on immigration, Yanase is a best-selling author and former Honorary Chair of the Certified NPO Association for Aid and Relief, Japan.
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