Breaking News . . .

Immigration to scrap Guideline No. 8 before April !!

What's this all about?

Last year, the Ministry of Justice announced that a list of new Immigration Bureau guidelines would go into effect beginning in April of 2010. One of those guidelines would have required visa applicants to provide proof of enrollment in Japan's social insurance system as a prerequisite for application approval. Standing on the principle that foreign residents should be given the right to choose which type of health care (public or private) they participate in because of their unique expatriate needs, the Free Choice Foundation marshaled significant opposition to the pending legislation. As a result, we have succeeded in persuading the Justice Ministry to 'delete' Guideline No. 8 before its scheduled effective date.

But doesn't the law state that everyone must enroll in the social system?

Yes, it does. But, just because something has been backed by the power of law does not automatically make it a good law. Nor does it mean that it can't be revised or improved. Furthermore, even if the law is suitable for citizens, that does not automatically make it good for everyone else. It therefore should not preclude the possibility of choice. Are we to accept everything that government says without questioning whether or not there might be a better solution?

At times it may seem as though government is nothing more than a huge bureaucracy that is incapable of truly understanding the needs of its citizens or its foreign community. But, this is not always the case. Sometimes all that is necessary is for the community at large - through the use of simple diplomacy - to make the bureaucracy aware of the problems it is facing.

Furthermore . . .

Forcing expatriates who have been living in Japan for any length of time to suddenly join the public health care system would mean that they would have to pay up to 2 - 5 years in back premiums. Apparently, the government did not take this into careful consideration when drafting the new immigration guidelines. However, due to considerable opposition from Free Choice, it's supporters, and foreigners suddenly faced with the dilemma, the government finally came to realize that giving foreigners negative points against their visa applications for non-enrollment in government health insurance was a serious mistake.

Visa applicants 'may' still be asked to present their insurance cards, but . . .

While the Immigration Bureau "might" still ask visa applicants to present their health insurance cards at the application window, the deletion of Guideline No. 8 means that not doing so will incur no adverse marks or actions against an application. Applicants who do not present a health insurance card will merely be encouraged to enroll, but without any negativity toward their visas should they fail to comply. The Immigration Bureau will encourage enrollment by passing out brochures on behalf of the Ministry of Health, Labour and Welfare. But, they will also make it very clear that visa applications will no longer be 'linked' to insurance. Free Choice is very hopeful the requirement to present a health card will also soon be repealed.

But at the same time . . .

Free choice means having the right to choose. A non-Japanese who desires to be on public health care should in no way be denied access to it.

 

How did our efforts contribute to the deletion of Guideline 8?

We brought the matter to the attention of more than 300 lawmakers at both the local and national levels. One of the biggest breaks came after the Free Choice Chairman addressed the Kobe City Assembly about the issue. He was able to garner a majority of Assembly votes in favor of sending a communique to the National Government expressing strong concern about the intent of the guideline. The Foundation also initiated an online petition drive, the results of which were submitted to the government in January. Additionally, we had numerous communiques with both the Justice and Health Ministries that were officially conducted through the Cabinet Office.
 

A voice for foreigners' rights . . .

While the right to choose one's health care is of major concern, Free Choice understands that there are also numerous other issues of importance to expatriates in Japan. (Please see our poll at the top of the page.) We intend to bring those concerns to the public eye and consciousness; to strive for foreigners' rights with regard to issues that affect us. All residents of Japan - whether natural citizen or foreigner - have a right to be heard; indeed, Article 16 of Japan's Constitution guarantees the right of all people in Japan to petition the government for the enactment, repeal or amendment of laws, ordinances or regulations. With this Constitutional article in mind, the Free Choice Foundation will peacefully and respectfully exercise its right to petition the government on matters of importance to foreign residents here. Our petition with the Justice Ministry was obviously very successful and we applaud them for their understanding.

Where do we go from here?

Even with the Justice Ministry's repeal of Guideline 8, Japan's National Health Insurance and Social Health Insurance regulations remain outdated and in need of significant revamping. Certainly, there's still a long way to go on these and other issues of concern to the foreign community here, but we are very encouraged by the interest already shown within the new government.

Other issues of concern to non-Japanese . . .

We are running a poll on the upper right-hand corner of this page to determine which issues most concern the non-Japanese community. Please feel free to vote on the issue that matters the most to you.