DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
Shuuseki petitions can only be filed if:
•
The petitioner is alive;
•
Must be a legitimate child (difficult to prove, because PJD who hold their parents’
marriage certificate are few, many such marriages may never have had certificates
[for example, tribal and Muslim marriages may have had no certificate, and only
witnesses], and for some cases the marriage of the first generation parents was more
than 100 years ago);
•
In order to confirm their Japanese citizenship, the Japan government requires certain
documents that most of the Philippine Nikkeijin cannot provide. As noted above, after
the war, people were afraid of persecution in the Philippines. They hid their identity
and destroyed their documents on purpose. Now, after 75 years in some cases, they
have no documents to prove their Japanese ancestry.
According to the PNLSC, the ways in which applicants try to satisfy the documentary
requirements include:
•
The Muslim community has a city hall, its own office to certify or issue documents
•
Some churches keep baptism records
•
Witness statements
•
Death certificate of first-generation parents in the Philippines that show the parents’
names
•
Photos
•
School records
•
Certificate of Recognition by the DOJ-RSPPU as a stateless person
Kokuseki kakunin sosho: Application to the Family Court to Confirm Nationality
Kokuseki kakunin sosho (こくせきかくにんそしょう
【国籍確認訴訟】
) is a suit before the Family
Court (katei saibansho
【家庭裁判所】
). It is an adversarial procedure in which the government
is represented by the Ministry of Justice Representative in opposition to the petitioner. The
hearings can take years, and the government is more likely to defer to the Government
Representative, so very few such cases succeed. For this reason, this procedure has not been
pursued in the case of Chinese and Philippine War Orphans.243
243
82
Based on initial consultations with PNLC, 15 June 2020.
UNHCR / April 2021
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