4 Concluding Remarks
A trend in international society is clearly emerging towards the prevention of
statelessness and the decrease in numbers of stateless individuals. Solutions for the
problem in recent years requires not only regulating State jurisdictions but also
addressing concerns for human rights protection. I would like to conclude this study by
summing up the problems with regard to statelessness observed in Japan and making
some proposals.
Firstly, many countries including Japan have problems in the statelessness
determination process. Lack of a common international procedural standard such as that
for determining Convention refugee status has been a major obstacle in this regard.
In the alien registration procedure, recognition of statelessness is usually made based on
documents, interviews, or testimonies. However, a systematic means to verify the nature
of “statelessness” itself does not exist. The designation of nationality/statelessness is
essentially self-reported. Non-accession to relevant international treaties plays a part in
the absence of a clear consensus on the concept of statelessness per se. In a complicated
case, accurate information about the individual can be difficult to obtain under the
circumstances, resulting in incorrect entries on the alien registration and at worst a
misapplication of the Nationality Act
Japanese administrative and judicial organs are authorized to determine the nationality
of individuals using information from alien registration as evidence.158 This being the
case, the nationality on the original alien registration entry must be all the more genuine.
In Japan, the determination of nationality is carried out only when processes such as
alien registration or naturalization are applied for; these processes are not integrated
within Japanese government bodies. Each competent government agency or bureau
separately determines whether an applicant is stateless under the framework set by the
laws that they work under, such as the Alien Registration Act or the Nationality Act.
Given the gravity of the consequences, determination of the nationality of an individual
must be made with accuracy. Above all, the determination of statelessness should be
made through well-refined integrated methods as opposed to the uncoordinated
fragmented ones currently in operation. For that purpose, in line with international
158
Kidana, supra note 3, p.55.
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