SUB-REGIONAL OVERVIEW: EAST ASIA
While not recognised as stateless persons by the
Japanese government or UNHCR, a major group
within Japan whose nationality status remains
unresolved is the children of ethnic Koreans who
currently hold the categorisation of “citizens of
the Korean Peninsula (Korea or Chōsen)”. This
population group may opt to claim South Korean
citizenship or seek Japanese citizenship through
naturalization and until they do so are considered
to be “special permanent residents” which enables
their access to services and temporary travel
documents.1048 Of the over 800,000 registered
Koreans in Japan,1049 25,358 persons remain
registered as Chōsen in 2022.1050
Of the over 800,000 registered Koreans in Japan,
25,358 persons remain registered as Chōsen in 2022.
Causes of Statelessness
The context of statelessness in Japan has been
quite extensively studied with a series of mapping
reports commissioned by UNHCR having been
undertaken between 2010 and 2017 as well
as a number of independent articles published
in English and Japanese.1051 Within identified
groups of stateless persons in Japan, in particular,
children are affected by conflict of nationality
laws and children of unregistered migrants and
abandoned children are particularly affected.1052
Lack of legal safeguards against
childhood statelessness
Under the Nationality Law of Japan, children
born in Japan to stateless parents and foundling
children born in Japan are considered nationals.1053
However, research has shown that abandoned
children of migrant workers, mixed-status families
and multigeneration translational families are at
times presumed to possess foreign nationality or
have links to foreign states and are in turn denied
the protection from these provisions.1054 A survey
undertaken by the Japan Immigration agency in
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SUB-REGIONAL OVERVIEW: EAST ASIA
2020 found that the majority of stateless children
in Japan were stateless as a result of procedural
issues and failures to provide adequate
documentation.1055
However, research has shown that abandoned
children of migrant workers, mixed-status families
and multigeneration translational families are at
times presumed to possess foreign nationality or
have links to foreign states and are in turn denied the
protection from these provisions.
Citizenship stripping
Following the end of the Second World War, and
Japan’s colonial rule over the Korean peninsula
approximately 52,000 ethnic Koreans were
stripped of Japanese citizenship.1056 Some of
these individuals were subsequently recorded as
overseas nationals of South Korea, while others
received the status as Chōsen (partially due to
Japan’s rejection of recognising North Korea’s
statehood).1057 As noted above, 25,358 persons
retain the status of Chōsen as of 31 December
2022.1058
Ethnic Koreans and Taiwanese persons who
are Japanese citizens have had their citizenship
stripped in some cases.1059 Since Korea and Taiwan
ceased to be considered as a part of Japan by the
conclusion of the Treaty of Peace with Japan1060,
the Japanese government issued a notification
to Japanese courts that ethnic Koreans and
Taiwanese shall be deemed to no longer hold
Japanese citizenship unless they have certain
special relationships with Japanese nationals.1061
A number of cases have commenced in Japanese
courts seeking to retain the Japanese citizenship
of affected persons. For example, the Supreme
Court of Japan found that a child between a
Korean father and Japanese mother, for which
the Korean father acknowledged paternity before
the amendment of the Nationality Law in 1950
shall obtain Chōsen nationality and lose Japanese
nationality.1062 On the other hand, the Supreme
Court of Japan found that considering such a
child’s paternity was acknowledged after the
amendment of the Nationality Law in 1950, before
the Treaty of Peace with Japan came into effect
in April 1952, they shall not lose their Japanese
nationality.1063
A new amendment to the Nationality Law, which will
come into force from 1 April 20241064, stipulates
that a child may be deprived of his or her Japanese
citizenship when there is a fact which contradicts
the acknowledgment from the father in the case of
children born to a non-citizen mother and citizen
father. There is no time limit to such deprivation.
The amended paragraph is controversial as it
jeopardizes the Japanese nationality of certain
children and could result in them becoming
stateless. There is opposition to the introduction
of the new amended, which will add a Paragraph
31065 to Article 3 of the Law. The United Nations
High Commissioner for Refugees has called for
action to prevent children becoming stateless such
Japan reported a 100% birth registration rate to
UNICEF in 2022.
as establishing a limitation period beyond which an
acquired nationality cannot be withdrawn.1066
Administrative barriers
The documents required for application
for naturalization, particularly for proving
nationality, may present a barrier to accessing
citizenship through naturalization. Documents
that prove nationality and family relationships
of the applicant generally must be issued by
a government official of the country of the
applicant’s nationality.1067 This requirement could
present a barrier for an applicant who may not
possess or be able to obtain an acceptable version
of such documentation. In addition, applicants
will be required to demonstrate a certain level
of Japanese proficiency.1068 The application
documentation and consultation or interview will
also be conducted in Japanese, which may present
a barrier for certain applicants.1069
Japan reported a 100% birth registration rate to
UNICEF in 2022.1070
Ethnic Koreans and Taiwanese persons who are
Japanese citizens have had their citizenship stripped
in some cases.
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
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