SUB-REGIONAL OVERVIEW: EAST ASIA
SUB-REGIONAL OVERVIEW: EAST ASIA
Sub-Regional
Overview: East Asia
Countries Covered: China, Japan, Mongolia, North
Korea and South Korea
Laws
Citizenship Law
All the nationality laws in East Asia operate through a jus sanguinis
structure.142 In two states (Japan and South Korea) children born
to a national parent or parents will be considered citizens, no
distinction is made between children born within or outside the
country.143 The citizenship laws of three states (China, Mongolia
and North Korea) provide some differential treatment between
children born within or outside the country.144
The application of citizenship laws in East Asia is further
complicated by household registration systems which
simultaneously operate, the impact of these systems on the
realization of citizenship is specifically notable in China and
Japan.145 This extra administrative layer complicates the task
of mapping laws within these countries as citizenship laws
form only a component of a larger web of laws and policies that
impact an individual��s ability to gain and prove their citizenship.
East Asia is the only sub-region in the Asia-Pacific without
discriminatory provisions (either ethnic or gender based)
present in the citizenship laws of any state.
Ratification of Relevant Treaties
South Korea is the only country in the region party to either of
the Stateless Conventions, having ratified the 1954 Convention
relating to the Status of Stateless Persons.146 Three states,
China, Japan and South Korea are all contracting states to the
Refugee Convention and Protocol.147 All states are party to
ICESCR, ICERD, CEDAW and CRC.148
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC
REPORT 2023