SUB-REGIONAL OVERVIEW: EAST ASIA SUB-REGIONAL OVERVIEW: EAST ASIA TABLE 22 are children of irregular migrants and foundling children. Status of Accession of International Human Rights Treaties in East Asia Country Japan ✅ ⛔ Stateless 1 ⛔ Stateless 2 ⛔ Refugee ✅ Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ CEDAW ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness particular are registered at birth.1026 It was further recommended that Japan develop a statelessness determination procedure (SDP) to “properly identify and protect stateless children”.1027 As a party to the CRC, Japan is bound to ensure that all births in its territory are registered immediately.1028 or the 1961 Convention on the Reduction of Statelessness, it has acceded to all other relevant human rights treaties without any relevant reservations. In 2018 concluding observations by the CERD Committee, concerns were raised regarding Koreans who remain as foreign nationals after multiple generations of living in Japan and, as a result, are unable to vote or be public servants or engage in decision making.1023 Further, the Committee expressed concerns about the fact that Korean schools in Japan “do not receive support from the High School Tuition Support Fund” and that Korean women experience pervasive discrimination based on their nationality and gender.1024 Due to its ratification of the CERD, Japan is obligated to protect persons in its territory from discrimination based on nationality or legal status as well as ensure their equal civil rights regardless of nationality or legal status.1025 In its 2017 UPR, Japan was recommended to accede to the Convention on the Reduction of Statelessness1029. Although the Japanese government has reported that it recognises the importance of taking necessary measures for stateless people1030, it has not taken any specific measures so far. Population It is estimated that the actual number of stateless persons in Japan is far larger than the above numbers reflect as the number of stateless persons in Japan under UNHCR's statelessness mandate only reflects cases of those recognized by the Japanese government.1036 UNHCR’s representatives in Japan have pointed out that the actual number of stateless persons in Japan is not accurately captured by the official estimates due to the lack of consistent definition for “statelessness” or “stateless person” and possibility of duplication among various estimates.1037 Persons at risk of statelessness A child born to foreign parents in the territory of Japan may be at risk of statelessness if they are not eligible for citizenship elsewhere due to gaps in citizenship legislation. Children born to migrants and abandoned children risk statelessness due to presumed links to foreign nations which can, at times, undermine the legal protection for such children recognised in Japanese laws.1038 Reported stateless persons Japan has shown fluctuations in the reported statistics on stateless individuals over the past few years. The country has the highest reported stateless population in East Asia, with 508 stateless persons reported to UNHCR in 2022, a decrease of 199 persons from 2021 and 2020, when the country reported 707 stateless persons.1031 Many of the reported stateless population in Japan Concluding observations by the CRC Committee in 2019 also recommended that Japan strengthen its Nationality Law in order to better protect against de jure statelessness, to grant citizenship at birth to children who would otherwise be stateless, and to ensure that children of irregular migrants in TABLE 23 Historical context and legal frameworks suggest that certain populations, particularly Zainichi Koreans, persons of Korean ethnic descent permanently residing in Japan, are at a higher risk for statelessness in Japan.1039 This is especially true for those who chose not to apply for South Korean nationality in the 1960s. While many Zainichi Koreans have naturalized as Japanese citizens since the 1990s, to this day their legal status remains complex, and the application process is intricate and requires renouncing any dual citizenship they may hold.1040 Reported stateless persons to the UNHCR Country Japan 2019 (year start)1032 2020 (year end)1033 2021 (year end)1034 2022 (year end)1035 709 707 707 508 Source: UNHCR, Global Trends: Forced Displacement from 2019-2022. 92 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Historical context and legal frameworks suggest that certain populations, particularly Zainichi Koreans, persons of Korean ethnic descent permanently residing in Japan, are at a higher risk for statelessness in Japan. Individuals who are the children of Indochinese refugees from Thailand escaping the first Indochina War to live in Japan are also at a high risk of statelessness. Many of these refugees' children were born and brought up in Thailand but it is nearly impossible for them to trace their roots or obtain relevant documents, making it challenging to prove ties to Vietnam, Laos, or Thailand. A number of these individuals resort to illegal entry into Japan to find work but are rendered stateless.1041 Stateless Refugees In 2022, among the 17,406 refugees in Japan according to UNHCR’s mandate, the Japanese government reported 9 stateless refugees to UNHCR.1042 As noted above, while Japan is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol1043, its domestic laws do not provide a definition for statelessness. The unique status of stateless refugees in Japan has however been recognised and examined by the courts of Japan.1044 Undetermined nationalities In Japan’s 2020 census, the nationality of 131,684 foreigners in Japan was categorised as “stateless and name of country not reported”.1045 The discrepancy between the number of such “stateless and name of country not reported” persons from the number of UNHCR-identified stateless persons may be explained by the fact that the former number includes individuals with undetermined nationality or who did not report their nationality (but may nonetheless be recognised as nationals).1046 Japan is the only country in East Asia with publicly accessible census statistics available in English on the citizenship status of foreigners.1047 In Japan’s 2020 census, the nationality of 131,684 foreigners in Japan was categorised as “stateless and name of country not reported”. REPORT 2024 93