SUB-REGIONAL OVERVIEW: EAST ASIA
FIGURE 08
People of Korean Descent in Japan with Unresolved Citizenship Status
Koreans in Japan Stripped of Japanese Citizenship
Koreans in Japan with unresolved citizenship issue
SUB-REGIONAL OVERVIEW: EAST ASIA
Foundlings have the right to citizenship at birth in
Japan, Mongolia, North Korea and South Korea.167
No protection is provided for foundlings under the
citizenship law of China. Prior to the dissolution
of China’s one child policy the country had over
500,000 registered orphans, in 2021, this figure
had reduced to 190,000.168
In Mongolia, a lack of legal safeguards around
renunciation of nationality, and the bar on
dual nationality169 has left many ethnic Kazakh
stateless.170
Post
WW2
Administrative Barriers
2021
0
10000 20000 30000 40000 50000 60000
Typology of Stateless Persons in Japan, UNHCR (2017)
were stripped of Japanese citizenship.162 In 2021,
more than 26,000 persons and their descendants
have not had their citizenship status resolved.163
In both Taiwan and South Korea, foreign spouses
whose marriage is determined to be a ‘sham’ or
‘fraudulent’ have been stripped of their citizenship
and rendered stateless (as both states have required
the renunciation of one’s former nationality prior to
gaining the nationality of their spouse).164
While protection may exist in the citizenship laws
of most states, administrative barriers to accessing
citizenship and the application of citizenship laws in
East Asia is fundamentally complicated by household
registration systems which simultaneously operate.
The central role played by household registration
in verifying one’s citizenship and realizing the
associated rights cannot be overstated. The impact
of these systems on the realization of citizenship
is specifically notable in China, Japan and South
Korea among children of migrants, ethnic minority
groups and those of uncertain nationalities.171
Stakeholders in East Asia
Fifteen former SNAP members were based in the
East Asia subregion. Eight of the fifteen members
were active members, including:
Pillkyu Hwang, Korean Public Interest
Lawyers Group (GONGGAM) (South Korea)
Il lee, Advocates for Public Interest Law
(South Korea)
Clarence, Taiwan Association for Human
Rights (Taiwan)
Zita Jeng, Union of Undocumented
Immigrants (Taiwan)
Dr Guofu Liu School of Law, Beijing Institute
of Technology (China)
Wawine Yamashita, Japan Stateless Research
Group (Japan)
Hajime Akiyama, Japan Society for the
Promotion of Science (Japan)
Osamu Arakaki, International Christian
University (ICU) (Japan)
South Korea has a strong research and civil society
sector working with stateless populations and
those at risk of statelessness. NFA has one partner
based in South Korea being Jeannie Kim, Duroo
(association of Public Interest Law/Universal
Birth Registration Network).
Website: http://www.duroo.org
Japan appears to be the only country within
East Asia with a network of persons with lived
experience, with the Japanese Stateless Network
formed in 2009 and registered in 2011.
Website: https://stateless-network.com
Birth Registration
As of May 2022, Japan, Mongolia, and North Korea
each reported a birth registration rate of 100%.172
There is no recent verifiable birth registration
data reported from China or South Korea.173
Childhood Statelessness
Protections exist in the nationality laws of all five
countries in East Asia which provide citizenship
to children born to stateless parents. Under the
nationality laws of China, Japan, North Korea
and South Korea these children are entitled to an
automatic grant of nationality,165 in Mongolia they
can access Mongolian citizenship after reaching
16 years of age.166
Foundlings have the right to citizenship
at birth in Japan, Mongolia, North Korea
and South Korea. No protection is provided for foundlings under the citizenship law of China.
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC
REPORT 2023