ii.
Accede to and take all necessary steps to fully implement the 1954 Convention relating to the
Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
iii.
Introduce the 1954 Convention definition of “stateless person”, into Japanese law and apply this
definition in practice.
iv.
Establish a statelessness determination procedure and ensure that the procedure is fair, effective
and accessible to all persons in Japan regardless of their legal status. The procedure should
comply with international standards of due process and follow the procedural safeguards
outlined in UNHCR’s Handbook on Protection of Stateless Persons31.
v.
Revise Japan’s Nationality Law (Revised Act No.70 of June 13, 2014) to remove the requirement
that a naturalisation applicant must revoke their citizenship of another State before being
naturalised as a Japanese citizen, thus making them at risk of statelessness.
vi.
Revise article 8(4) of Japan’s Nationality Law (Revised Act No.70 of June 13, 2014) to ensure that
all children born in Japan, who do not acquire another nationality, are automatically conferred
Japanese nationality at birth, in order to ensure every child’s right to acquire a nationality.
vii.
Ensure that statelessness is considered to be a valid ground for granting “Special Permission to
Stay” and ensure that all stateless persons who reside irregularly in Japan have the opportunity
to regularise their status and enjoy access to all human rights
viii.
Revise Japanese law to provide protection to stateless persons and persons at risk of
statelessness from arbitrary and indefinite detention, irrespective of their residence status.
ix.
End Japan’s practice of indefinite detention and ensure that detention is implemented as a last
resort, only when necessary and proportionate, after all alternatives (starting with the least
restrictive) have been exhausted. In order to determine if detention is necessary and
proportionate, statelessness must be identified at the point of the decision to detain and on a
continued basis.
x.
31
Engage with civil society and other key stakeholders to raise awareness of the issue of
UN High Commissioner for Refugees (UNHCR), Handbook on Protection of Stateless Persons, 30 June 2014 available at:
http://www.refworld.org/docid/53b676aa4.html [accessed 30 March 2017]
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