Article 3(2) of the same law.) Therefore, the Civil Affairs Bureau of the Ministry of Justice
has the final jurisdiction over these procedures related to the family register.
The following sections will explore the various situations where statelessness is
considered under the Nationality Act, ICRRA, and the Act on General Rules for
Application of Laws as well as how the administrative and judicial authorities determine
the statelessness of individuals.
(1) Japanese Nationality Act
The Japanese Nationality Act, which provides the requirements for acquiring Japanese
citizenship, stipulates statelessness of the parents or the child as one of the requirements
for the acquisition of nationality at birth and for naturalization. Article 2(iii) of the
Nationality Act provides that, “A child shall be a Japanese citizen … [i]f born in Japan and
both of the parents are unknown or are without nationality” (italics by the author); and it
is interpreted to mean that a child acquires Japanese nationality by birth not only when
both of the parents are unknown or both of the parents are without nationality, but also
when the father is unknown and the mother is without nationality, or when the mother
is unknown and the father is without nationality.21 Moreover, Article 8(iv) provides that
the Minister of Justice may permit naturalization of “A person born in Japan, not having
any nationality since the time of birth, and continuously having a domicile in Japan for
three years or more since that time” even if that person has not met the usual conditions
for naturalization. Thus, the law specifies statelessness of the parents as one of the
requirements for acquisition of Japanese nationality at birth and statelessness of the child
as one of the requirements for permission to apply for facilitated naturalization.
Therefore, the decision by the authorities regarding the statelessness of a person has a
significant impact on whether or not an individual acquires Japanese nationality.
The phrase “without nationality” in Article 2(iii), which provides for acquisition of
Japanese nationality at birth in the Nationality Act, is interpreted to cover two situations:
(i) where the parents do not have a nationality of any State and are therefore stateless
and (ii) where the parents’ nationality is unknown, such as when it is not clear which
State’s nationality they possess.22 However, no clear criteria is indicated for which cases
an individual’s nationality are considered unknown by the administrative authorities.
The Civil Affairs Bureau of the Ministry of Justice, which is responsible for matters
regarding the family register including birth registration, calls for careful consideration
regarding statelessness in its circular. Specifically, there are cases where an individual has
the nationality of a certain State but is registered as “stateless” under a (former) alien
registration, merely because he or she is unable to prove his or her nationality and is
21
Shoichi Kidana, Chikujou Chuukai Kokusekihou [Commmentary on the Nationality Act] (Nihon Kajo
Shuppan, 2003), pp.212-213.
22 Shozo Sawada, “Mukokusekishawo Chichitosuru Chakushutsushitouno Shusseitodokewo Jyurisurubaaino
Toriatsukaiwo Megutte [Birth Registration of Children Born in Wedlock whose Fathers are Stateless
Persons]”, Koseki, No. 454 (1982), pp.20-21.
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