DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
the age of majority.”188 Nevertheless, those born to a Japanese father married to a Filipino
mother between 1930-1973 are not Filipino citizens.
Under Article 1 of the 1899 Nationality Law of Japan a child will be a Japanese national
when, at the time of birth, its father is Japanese. Although, children acquire Japanese nationality
automatically at the time of their birth, this fact not have been recorded in the family registry or
koseki, raising issues of proof. If the parents did not submit a notification of birth, then the person
will be without a koseki, the starting point for all other documents. The person without a koseki
will have to petition the court to create a koseki registration, in a procedure called shuuseki (see
details below). The family court will determine whether the person is a Japanese national and that
he or she has no registered domicile, and if so, will approve the case. The family courts’ judgment
is largely a question of evidence and proof. With the judgment, the person may approach the
relevant Municipal Office and will be permitted to create an entry in the koseki, and then with the
koseki will be able to secure all other relevant documents.189 Therefore, although, many children of
Japanese descent were, by the operation of both Filipino and Japanese nationality law, Japanese
nationals, they are unregistered and often lack the necessary evidence to prove their nationality.
Philippine Nikkeijin are located all over the Philippines. Davao has the largest community
with membership in the local association reaching 7,000 including four to five generations.
The number of persons identified by the PNLSC is over 3,800 based on a series of 13 surveys
commissioned by the Ministry of Foreign Affairs of Japan, and the list is growing. There are
people in very remote areas of the Philippines who are likely still not aware of the PNLSC
and its work, due to the following factors:
•
The practice of hiding their identity has prevailed even after the war
•
Age and vulnerability (most of the population is elderly (average age is 81), and every
year community members pass away)
•
Many live-in remote areas and would have difficulty accessing services or information
•
Due to the history, the population was also economically and socially marginalized,
they may not hold a cell phone or be able to access the internet
Due to the age and vulnerability of the community, resolution of the situation is urgent.
Republic of the Philippines v. Chule Y. Lim, G.R. No. 153883, 13 January 2004, available at: https://lawphil.net/judjuris/juri2004/
jan2004/gr_153883_2004.html (Under Article 8 of the Republic Act No. 386, the Civil Code of the Philippines, “Judicial decisions
applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.” Republic Act No. 386,
Civil Code of the Philippines, June 18, 1949, available at: https://www.officialgazette.gov.ph/1949/06/18/republic-act-no-386/).
188
UN High Commissioner for Refugees (UNHCR), Typology of Stateless Persons in Japan, December 2017, available at: https://
www.refworld.org/docid/5bb618b74.html.
189
UNHCR / April 2021
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