Japan's approach to managing the entry and residence of foreign nationals is not solely based on the letter of the Immigration Control and Refugee Recognition Act (ICRRA) and its associated regulations. It is also guided by a broader, strategic policy framework known as the "Basic Plan for Immigration Control" (出入国管理基本計画 - Shutsunyūkoku Kanri Kihon Keikaku). This plan, established by the Minister of Justice, serves as a foundational document outlining the government's overarching policies and directions concerning immigration control. Understanding the purpose, content, and process of this Basic Plan, as provided for in Article 61-10 of the ICRRA, is essential for comprehending the long-term vision and operational priorities of Japan's immigration administration.

The Purpose and Legal Basis of the Basic Plan (Article 61-10, Paragraph 1)

Article 61-10, Paragraph 1 of the ICRRA mandates the establishment of the Basic Plan:
"The Minister of Justice shall formulate a Basic Plan for Immigration Control (hereinafter referred to as the "Basic Plan") which shall serve as the foundation for policies concerning the entry and residence of foreign nationals, in order to ensure equitable control over the entry into and departure from Japan of all persons as well as the residence of foreign nationals in Japan (hereinafter referred to as "immigration control")."

This provision was introduced as part of the significant reforms to the ICRRA in 1989 (effective 1990), which also saw major revisions to the status of residence system. The creation of the Basic Plan mechanism signaled a move towards a more structured and forward-looking approach to immigration policy. The first such plan was formulated in March 1992, and subsequent plans have been established periodically, typically covering a span of around five years.

The core objectives of the Basic Plan are:

1. To Provide a Foundation for Policies: It acts as a guiding document for the development and implementation of specific immigration policies, regulations, and administrative practices.
2. To Ensure Equitable Control (公正な管理 - kōsei na kanri): This fundamental principle, also stated in Article 1 (Purpose) of the ICRRA, is reiterated here. The Basic Plan is intended to ensure that immigration control is fair, just, and consistent, balancing Japan's national interests with its international obligations and the rights of individuals. It seeks to manage who enters and resides in Japan in a manner that is both orderly and considerate of diverse circumstances.

The Basic Plan is, therefore, more than just an internal administrative document; it is a public declaration of the government's medium-to-long-term strategy for immigration control.

Key Matters to be Stipulated in the Basic Plan (Article 61-10, Paragraph 2)

Article 61-10, Paragraph 2 outlines the main categories of issues that the Basic Plan must address:

1. Matters concerning the circumstances of foreign nationals residing in Japan (本邦に在留する外国人の状況に関する事項 - honpō ni zairyū suru gaikokujin no jōkyō ni kansuru jikō):
   This involves an analysis of the current state of foreign residency in Japan. It would typically include:
   • Trends in the number of foreign residents.
   • Breakdown by status of residence, nationality, age, gender, etc.
   • Geographical distribution of foreign residents.
   • Assessment of the social and economic impact of foreign residents.
     This analytical component provides the factual basis upon which future policies are formulated.
2. Matters concerning policies for the entry and residence of foreign nationals (外国人の入国及び在留に関する施策の基本となるべき事項 - gaikokujin no nyūkoku oyobi zairyū ni kansuru seisaku no kihon to narubeki jikō):
   This is the core policy-setting part of the plan. It outlines the government's fundamental approach and priorities regarding:For example, the 4th Basic Plan (formulated in March 2010 for fiscal years 2010-2014) reportedly emphasized the smooth acceptance of foreign nationals who could contribute to Japan's development, alongside robust measures against those whose stay was deemed undesirable, and initiatives for a harmonious multicultural society. These themes—selectivity in acceptance, strict enforcement against violations, and efforts towards social integration—are common threads in many national immigration strategies.
   • Basic direction for the acceptance of foreign nationals: For instance, identifying fields where foreign talent is needed (e.g., highly skilled professionals, researchers, students) and outlining measures to facilitate their smooth entry and residence.
   • Measures against undesirable stays: This includes strategies for strengthening border controls, reducing illegal stays and overstays, tackling human trafficking and illegal brokers, and ensuring the prompt deportation of those not permitted to remain.
   • Refugee protection: While detailed refugee procedures are in other parts of the ICRRA, the Basic Plan may reiterate commitment to proper refugee protection in line with international conventions, while also addressing potential abuse of the asylum system.
   • Social integration: Increasingly, such plans may also touch upon policies aimed at creating a society where Japanese nationals and foreign residents can coexist harmoniously, including support for Japanese language education, access to information, and measures against discrimination.
3. Other matters necessary for immigration control (その他出入国管理に必要な事項 - sonota shutsunyūkoku kanri ni hitsuyō na jikō):
   This is a catch-all provision allowing the plan to address any other pertinent issues relevant to the effective and equitable administration of immigration control, such as improvements to immigration procedures, development of information systems, international cooperation, and training of immigration officials.

Formulation, Revision, and Transparency

The process for establishing and amending the Basic Plan includes important procedural requirements:

• Consultation with Relevant Administrative Organs (Article 61-10, Paragraph 3):
  "When the Minister of Justice intends to formulate or change the Basic Plan, he/she shall consult with the heads of the relevant administrative organs in advance."
  Immigration policy has wide-ranging implications, affecting various sectors such as labor, industry, education, foreign affairs, national security, and social welfare. This mandatory consultation process ensures that the Basic Plan is developed with input from and coordination among all concerned government ministries and agencies, fostering a more coherent and comprehensive national approach.
• Public Notice (Article 61-10, Paragraph 4):
  "When the Minister of Justice has formulated or changed the Basic Plan, he/she shall make it public without delay."
  This requirement for public disclosure ensures transparency. By making the plan accessible to the public, foreign nationals, businesses, researchers, and civil society organizations can understand the government's policy direction and priorities. This can help in planning and also allows for public scrutiny and discussion.
• Periodic Review and Updates:
  While the ICRRA does not specify a fixed term for each Basic Plan, they are typically formulated for a multi-year period (e.g., five years). This periodic nature allows the government to review past performance, assess new challenges and opportunities, and adapt its immigration policies to changing domestic and international circumstances, such as demographic shifts, economic needs, technological advancements, and global migration trends.

The Significance and Impact of the Basic Plan

The Basic Plan for Immigration Control is more than a symbolic document; it plays a significant role in shaping the landscape of immigration in Japan:

• Guiding Framework for Administration: It provides a high-level strategic direction for the Immigration Services Agency and other related government bodies in their day-to-day operations and a basis for developing more detailed internal guidelines and operational priorities.
• Influence on Legislative and Regulatory Changes: While the Basic Plan itself is not law, its policy pronouncements can signal future legislative or regulatory reforms. For example, if a plan emphasizes the need to attract more highly skilled foreign professionals, this might later translate into amendments to the ICRRA to create new visa categories or relax criteria for existing ones.
• Reflecting Government Stance: The content of each Basic Plan offers valuable insights into the Japanese government's prevailing attitude towards immigration, including its willingness to accept certain categories of foreign nationals, its concerns about specific types of immigration violations, and its approach to social integration.
• Balancing Competing Interests: The formulation of the Basic Plan inevitably involves balancing various, sometimes competing, national interests: economic development and labor market needs, national security and public order, international obligations (e.g., under refugee and human rights conventions), and the social impact of immigration. The plan attempts to strike a "fair and equitable" balance among these considerations.

"Equitable Control" – A Core Tenet

The concept of "equitable control" (公正な管理 - kōsei na kanri), enshrined as a purpose of both the ICRRA and the Basic Plan, is fundamental. It suggests that immigration management should not be arbitrary or discriminatory but should be based on clear rules, fair procedures, and a balanced consideration of all relevant factors. The Basic Plan is one of the instruments through which the government endeavors to articulate how this balance will be achieved, navigating the inherent tensions between facilitating desired forms of immigration and controlling or preventing undesirable ones.

Conclusion

The Basic Plan for Immigration Control, established under Article 61-10 of the ICRRA, is a dynamic and high-level policy instrument that plays a crucial role in shaping Japan's approach to the entry and residence of foreign nationals. By setting out strategic priorities based on an analysis of current conditions and future needs, and through a process involving inter-ministerial consultation and public disclosure, the Basic Plan provides a foundational framework for immigration administration. It reflects the Japanese government's ongoing efforts to manage immigration in a way that is both orderly and responsive to evolving national interests, seeking to achieve "equitable control" in a complex and ever-changing global environment. For those seeking to understand the direction of Japanese immigration policy, the Basic Plan serves as an indispensable reference.