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.
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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
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