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Japan’s Gradual Shift in Its Effective Immigration Policy

by Hyacinth

On March 15, Japan announced it will end the Technical Intern Training Program (TITP) and replace it with a new foreign labor initiative called the New Skill Developing Program for Foreign Workers, also known as the “Ikusei Shuro” system.

This decision comes after three decades of criticism and pressure regarding the TITP. Japan introduced its foreign labor program in the early 1990s under the Industrial Training and Technical Internship Program, which was later succeeded by the TITP. In the early 2000s, Japan expanded the TITP to address workforce shortages in small- and medium-sized enterprises (SMEs), following a proposal by the Koizumi cabinet.

Despite this expansion, Japan has consistently denied having an immigration policy, framing the TITP as an international effort to impart skills and knowledge to interns from developing countries.

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However, the TITP has faced significant scrutiny for labor rights abuses, including forced deportations, sexual harassment, and coerced abortions. In 2022, over 9,000 TITP workers left their positions without notice. Civil society groups and the United Nations Special Rapporteur on Human Trafficking have repeatedly called for the program’s termination.

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In response, Japan enacted new legislation in November 2016 to better protect TITP workers’ rights, which took effect in November 2017. Further, in December 2018, Japan revised its Immigration Control and Refugee Recognition Act to introduce the Special Skilled Workers Program, allowing TITP laborers to invite their families and work longer in Japan.

Despite these changes, Japan initially decided to retain the TITP. However, discussions within the Expert Committee on the Future of the TITP and the Specified Skilled Worker Program, established in December 2022, led to the decision to replace the TITP with the Ikusei Shuro system.

This shift reflects broader global trends towards stronger human rights and environmental protections in business, initiated by the European Union and U.N. organizations such as the UNDP and the International Labor Organization (ILO). Key international events, including the COVID-19 pandemic and the Ukraine conflict, have spurred new regulations in Europe and the U.S. to ensure human rights due diligence in global supply chains. These regulations include the UK’s 2015 Modern Slavery Act, France’s 2017 vigilance legislation, Germany’s 2021 due diligence act, and the EU’s 2023 Corporate Sustainability Due Diligence Directive (CSDDD). The U.S. has focused on trade sanctions, such as restrictions on imports made with Uyghur forced labor.

These international pressures have influenced Japan’s Ministry of Economy, Trade and Industry (METI) to update its policies on foreign labor. Japan revealed its National Action Plan on Business and Human Rights in 2020 and introduced the Guidelines on Respect for Human Rights in Responsible Supply Chains in September 2022. Japan has also contributed $2.5 million to the UNDP and $4 million annually to the ILO to support human rights and sustainable business practices.

The move to replace the TITP with the Ikusei Shuro system responds to both internal and external pressures. Japanese SMEs, which comprise 99.7% of all enterprises in Japan and heavily rely on TITP laborers, face increased pressure to comply with international human rights standards. The European Union’s support for binding labor rights regulations and the ongoing negotiations for a legally binding instrument on labor rights further underscore the need for Japan to align with global norms.

However, the Ikusei Shuro system still represents incremental change rather than a comprehensive immigration policy. The Japanese government has introduced new rules under Ikusei Shuro, such as third-party oversight of labor conditions and allowing workers to change employers. Despite these changes, critics like human rights lawyer Shoichi Ibusuki argue that the new program is essentially a continuation of the TITP.

Japan’s stance on immigration remains ambiguous. While the introduction of the Specified Skilled Worker visa allows for longer stays and family reunification, Japan has not officially acknowledged an immigration policy. Past discussions, such as those during the Obuchi and Fukuda Cabinets, proposed increasing immigration but faced internal opposition.

Prime Minister Kishida’s statement on May 24, 2024, reflects this ambiguity: “To preserve the country, the government has no intention of adopting an immigration policy that would allow foreigners and their families to stay indefinitely.”

This situation raises questions about balancing human rights due diligence for foreign workers with Japan’s restrictive labor migration policies. The Liberal Democratic Party’s 2016 policy report defined “immigrants” as those with settlement visas, excluding foreign workers. Without addressing this gap, securing human rights for foreign workers in Japan remains challenging.

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