A and B had not acquired Paraguayan nationality by birth under Paraguayan law and were
thus stateless.
When A was in the seventh grade, A wished to go to Australia for language training but
had to give up because a passport could not be obtained.
According to the statistics on residence provided by the Ministry of Justice, there were
1,976 people who had “Paraguay” on their foreigner residence cards at the end of
December 2016.83 However, according to the Embassy of Paraguay in Japan, 44 children
born in Japan were found to be stateless by a survey of Paraguayan residents in Japan
conducted in October 2011. Also, based on the 2011 survey results, the Embassy doublechecked the birth registrations in March 2015, and found that 72 people were expected
to be stateless.84 Among these individuals expected to be stateless, a significant number
had “Paraguay” shown on their alien registration certificates and foreigner residence
cards. The Embassy of Paraguay provides notices on its website that a child born in Japan
from parents with Paraguayan nationality does not acquire Paraguayan nationality by
birth in order to provide accurate information and to avoid misunderstandings in relation
to a child’s acquisition of Paraguayan nationality.85
(2) Background
The Constitution of Paraguay adopts the jus soli principle. A child born outside of
Paraguay with a father or mother with Paraguayan nationality cannot become a
Paraguayan national unless he or she becomes a permanent resident of Paraguay
(Constitution of Paraguay, Article 146(3)).
In order to acquire Paraguayan nationality, A and B must submit an application to the
court of first instance in civil and commercial affairs in the jurisdiction of their residence
in Paraguay and go through the procedure for acquiring nationality (Law No. 582/95,
Articles 2 and 3). The court procedure usually takes six months to one year. 86 The
parents of A and B have a job and family life in Japan and have no plans to permanently
reside in Paraguay. A and B therefore have no plans to permanently reside in Paraguay
and cannot obtain Paraguayan nationality.
83
The number of total foreign national residents, Statistics on Foreign National Residents, supra note
42. Among the 1,976 persons, the total number of persons with the status of residence of “Long-term
resident”, such as spouses of Japanese nationals and permanent residents is 1,863; many of them are
surmised to have Japanese origin.
84
Inquiry to the Consular Section, Embassy of the Republic of Paraguay in Japan (“Inquiry to Paraguay
Embassy in Japan”), 31 March 2015. It is not known if there is any overlap between the “44” and “72”
persons.
85 On the website of the Embassy of the Republic of Paraguay in Japan, the following statement is found
in Japanese as well on acquisition of nationality: “It is not possible to acquire Paraguayan nationality for
a child born outside of Paraguay from a father and/or mother with Paraguayan nationality, by submitting
to this Embassy a registration of birth. (See the Constitution and Law No. 582/85 on Nationality)”. The
Embassy of the Republic of Paraguay in Japan, “Miseinennitsuite [Regarding Minors]”, at
http://www.embapar.jp/ja/sc/menores/#.
86
Inquiry to Paraguay Embassy in Japan, supra note 81.
45