Statelessness in Japan9 19. According to statistics published by Japan’s Ministry of Justice, as at 30 June 2016, there were 640 stateless persons recorded in Japan.10 However, this statistic does not include stateless persons in Japan without residence status.11 Additionally, the terms ‘stateless person’ or ‘statelessness’ are not defined in Japanese law, 12 and Japan does not have a statelessness determination procedure. Therefore, many stateless people may go unidentified or be incorrectly identified as stateless. 20. There is a gap in data and information on statelessness in Japan which undermines the ability of the state to respond to the human rights of stateless persons and ensure they are not discriminated against or denied access to basic rights. 21. For the purposes of this submission and based on initial research by academics and practitioners in Japan, the following populations that are stateless or at risk of statelessness can be highlighted: i. stateless asylum seekers and refugees seeking protection in Japan, particularly children born in Japan to stateless asylum seekers and refugees; ii. children born to migrants without residence status (including survivors of cross-national trafficking in persons) may be at risk of statelessness if their birth is not registered;13 iii. populations of Korean origin who have not yet confirmed whether they are in fact entitled to confirm or acquire South or North Korean citizenship, and do not enjoy Japanese citizenship; iv. persons who have revoked citizenship of another State in order to naturalise as a Japanese citizen, but have not acquired Japanese citizenship via naturalisation.14 9 The co-submitting organisations are extremely grateful to the Statelessness Research Group, Japan for providing their expertise and time with respect to the remainder of this submission. 10 Portal site for Japanese Government Statistics ‘e-Stat’, Statistics of foreigners residing in Japan, June 2016「表 16-06-01-1: 国 籍・地域別 在留資格(在留目的)別 在留外国人 (Table 16-06-01-1: Foreigners by nationality and region, and Status of Residence) [http://www.e-stat.go.jp/SG1/estat/List.do?lid=000001161643] [accessed 14 March 2017]. 11 There are no publicly available statistics on the number of stateless people residing in Japan without residence status. 12 Article 9 of the Act on Special Provisions of the Copyright Act, Required as Consequence of the Enforcement of the Universal Copyright Convention” includes the term “stateless person”, but it is not defined. 13 For undocumented migrant workers the risk of arrest, detention and deportation following registration with authorities can act as a barrier to birth registration. Conversely, there is also a risk that children born to migrant workers may be incorrectly identified as stateless, given research detailed in Professor Kohki Abe’s report from 2010 in which states ‘According to Ministry of Justice, the Ministry registers as stateless “those who cannot confirm their nationality with their passports or other equal identification documents” – see footnote 109 of Abe Kohki, Overview of Statelessness: International and Japanese Context, April 2010, available at http://www.refworld.org/pdfid/4c344c252.pdf. 14 Article 5(1)(5) of the Nationality Act states ‘the Minister of Justice shall not permit the naturalisation of an alien unless he or she fulfils all of the following conditions’ ’that he or she has no nationality, or the acquisition of Japanese nationality will result in the loss of foreign nationality’ 8

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