DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS Under Article 2 of the Nationality Act the words “at the time of its birth” have implications for a child born between an unmarried Japanese father and foreign-national mother. The government interprets “father” and “mother” to refer to one who has a legal parent-child relationship, and therefore, outside of marriage, the father must “acknowledge” the child to establish the legal parent-child relationship.215 Article 3 of the Nationality Act, therefore, provides for acquisition of nationality by “notification.” If the Japanese father acknowledges the child while it is in the mother’s womb, then the child acquires Japanese nationality upon birth, however, if the Japanese father acknowledges the child after it is born, then the child can acquire Japanese nationality by notifying the Minister of Justice. This acknowledgment can be made until the child reaches the age of 20, after that, nationality could only be secured through naturalization. In such cases, nationality is acquired at the time of notification. There may be other filing requirements as well in order to retain nationality for a child born outside Japan.216 For PJD in the Philippines, proof of the marriage of the Japanese father to their Filipino mother is important.217 If the birth is outside of marriage, then the parental relationship between the father and the biological child is not legally a parental relationship. Articles 4-10 of the Nationality Law deal with citizenship by naturalization, permitting the acquisition of Japanese nationality as a matter of discretion by the Minister of Justice.218 Article 5 of the Nationality Law limits the Minister of Justice’s discretion with regard to naturalization unless all six criteria are satisfied: 1. that he or she has domiciled in Japan for five years or more consecutively; 2. that he or she is 20 years of age or more and of full capacity to act according to the law of his or her home country; 3. that he or she is of upright conduct; 4. that he or she is able to secure a livelihood by one’s own property or ability, or those of one’s spouse or other relatives with whom one lives on common living expenses; See UNHCR, Typology of Stateless Persons in Japan, December 2017, available at: https://www.refworld.org/docid/5bb618b74. html, pg. 79, FN 167 (citing to The Supreme Court (Petty Bench II), Judgment, 22 November 2002 (Heisei 14 Nen), Shuumin Vol. 208, p. 495.). 215 For example, under Article 12 of the Nationality Act, a child born abroad to a Japanese parent acquires Japanese nationality at birth, but if they also acquire another nationality, then unless they register their intention to retain the child’s Japanese nationality by filing a “notification of reservation of Japanese nationality” within three months of the birth, then the child will retroactively lose their Japanese nationality. However, this provision should not be relevant to Persons of Japanese Descent, if they did not acquire Filipino or any other nationality at the time of their birth. For such persons who lost nationality for this reason, under Article 17 of the Nationality Act, they can reacquire it until the age of 20 if they are resident in Japan and file a request to do so. After the age of majority they must seek naturalization. 216 According to the PNLSC, out of 1095 cases, most are case with married parents (923) with 33 not having any evidence to prove the marriage. 50 cases are those whose parents were unmarried. 217 The Nationality Law [Japan], Article 4(2), (Law No.147 of 1950, as amended by Law No.268 of 1952, Law No.45 of 1984, Law No.89 of 1993 and Law.No.147 of 2004, Law No.88 of 2008); available at: http://www.moj.go.jp/ENGLISH/information/tnl-01.html. 218 UNHCR / April 2021 71