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 94 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 95