number of persons who have been given special permission for residency on humanitarian
grounds, while not being recognized as refugees under the 1951 Refugee Convention,
amounted to 2,543 persons between 1991 to 2016.153
These teijuu nanmin, such as Indochinese or resettled refugees, are granted residency
permits like those of long-term residents, but they would not be granted refugee status
under the 1951 Refugee Convention unless they separately apply for refugee status and
are subsequently recognized as such. Persons granted humanitarian status are granted
residency permits either for long-term residency or for "designated activities", but they do
not hold a formal status as refugees.
Children who are born to these "settled refugees" may be, depending on the
circumstances of individual cases, at risk of becoming stateless for reasons including that
their parents, seeking refuge in Japan and fleeing their country of origin, generally do not
register their birth at the consular authorities in Japan. (This may include cases where they
avoid visits to the consulate or they lack documents proving their identity or the nationality
of their parents.)
2. < Case 7 > Indochinese refugees
A was born in Japan in 1981 of parents who are (supposed to be) Vietnamese nationals.
A's parents and sisters came to Japan in 1982 via a refugee camp in the Philippines, fleeing
persecution after their area of residence in South Vietnam had fallen under the control of
the socialist regime.154 A's parents did not have any documents proving their nationality,
and they did not register A's birth with the embassy of Vietnam in Japan.
(1) Laws and regulations of Vietnam
Decree No. 53/SL on Vietnamese citizenship, signed on 20 October 1945 by the then
president, provided for the acquisition of nationality by jus sanguinis from paternal descent
153
Immigration Bureau, Ministry of Justice, supra note 146.
See below for the details of Case 7. Nguyen Thi Hong Hao, “Mukokuseki Joutaitoshite Ikirukoto –
Kojinno Keikenkara [Living in Statelessness: From a Personal Experience]”, Tien Shi Chen, ed.,
Sekainiokeru Mukokusekishano Jinkento Shien – Nihonno Kadai – Kokusai Kenkyuu Shuukai Kiroku [Human
Rights and Assistance to Stateless People in the World – Challenges in Japan – Record of International
Workshop] (Kokuritsu Minzoku Hakubutsukan Chousa Houkoku [National Museum of Ethnology Research
Report] 118, 2014), pp.97-99.
154
71
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