(2) Protection
The current situation is similar to Category A [conflict of laws], in the sense that there is
no system for the protection of the rights of stateless persons, a system for statelessness
determinations and protection should be introduced, and stateless persons upon
recognition should be granted residential status and travel documents. In the case
introduced above, the individual was granted permission to stay on humanitarian grounds
as a result of his application for refugee status; however, there is a possibility that he might
have become an irregular stayer depending on the circumstances. Upon a person’s
recognition as a refugee, he or she is granted the status of “long-term resident”. Similarly,
it would be desirable to have a system under which a stateless person is granted the status
of “long-term resident” upon recognition as such.
As in Category A, there should be a policy to routinely consider “without nationality” as
a ground for granting special permission to stay as an interim measure until a system is in
place for statelessness determinations and protection.
(3) Reduction
From the perspective of reducing statelessness in this category, one solution is to have
the stateless persons acquire Japanese nationality through application for naturalization in
case they cannot acquire the nationality of any other relevant State.
However, it is not necessarily possible to acquire Japanese nationality because, in
practice, a certain level of Japanese language proficiency is required in addition to the
conditions for naturalization specified in law (Article 5 of the Nationality Act), and the
Minister of Justice has wide discretion. Article 8(iv) of the Nationality Act, which simplifies
the conditions for naturalization, limits its application to stateless persons born in Japan.
At the least, statelessness can be reduced further by amending this provision so that
whether or not an individual was born in Japan would not be an issue. For example, the
provision can be amended to read, “A person not having any nationality and continuously
having a domicile in Japan for three years or more.”
succession (Article 3); however, only the States Parties to the Convention bear legal obligations. Kozue
Niwa and Kaoru Obata, “Kokka Shoukeini Kansuru Mukokusekino Boushini Kansuru Yooroppa Hyougikai
Jouyaku Oyobi Setsumeihoukokusho [Council of Europe Convention on the Avoidance of Statelessness in
relation to State Succession and Explanatory Report]”, Nagoya Daigaku Housei Ronshuu [Nagoya
University Journal of Law and Politics], v.218 (2007), at
http://ir.nul.nagoya-u.ac.jp/jspui/bitstream/2237/8962/1/267-283.pdf, pp.267-283.
The 1961 Convention also provides that “Every treaty between Contracting States providing for the
transfer of territory shall include provisions designed to secure that no person shall become stateless as
a result of the transfer” (Article 10(1)); however, as mentioned in supra note 119, the number of States
Parties to the Convention is 70. Furthermore, the International Law Commission’s Articles on
Nationality of Natural Persons in relation to the Succession of States have not been adopted.
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