The Alien Registration Law and the Fingerprinting Problem

Abstract

Under the Alien Registration Law"alien"residents living in Japan over a year shall be required to be fingerprinted. In recent years a considerable number of"alien"residents have refused to be fingerprinted, and some of its cases have come before the courts. They have argued that registration by fingerprint is criminal-like treatment, which they find unpleasant and insulting, and if Japanese citizens were not required to be fingerprinted, it would be discrimination against aliens to impose it only on them. In this essay I have attempted to do four things as follows. In the first place, I have descrived the historical aspects of the administration concerning alien registration and the process of introducing fingerprinting procedure, identifying the principle and aim of the legislation. Secondly, I have ascertained doubtful points of its necessity and effectiveness in considering the present operation of fingerprinting procedure. Thirdly, I have analyzed the two cases in 1984 in which refusers were convicted of violating the Alien Registration Law. Fourthly, some problems of the cases mentioned above have been discussed. I have reached the conclusion that fingerprints are a kind of privacy, hence the fingerprinting requirement against their will violates individual dignity;that the legal system to give formal and same treatment to all aliens in Japan should be criticized, and by classifying them in substance, "alien"residents living in Japan should be particularly given the same legal status as Japanese citizens;and that the fingerprinting requirement is a breach of the rule of equality between aliens and Japanese citizens. Accordingly I have taken the view that the fingerprinting provided under the Alien Registration Law violates Article 13 and 14 of the Constitution of Japan.