are not identified. This requirement should be considered to be satisfied
where a person quite possibly is the child’s father or mother but cannot be
definitely identified as such. For even if a person quite possibly is the child’s
father or mother, the nationality of the child cannot be determined on the
basis of such a person’s nationality, and it is not until that person is
identified that the child’s nationality can be determined on the basis of his or
her nationality.”
In this case, the Court acknowledged that Andrew’s mother was “unknown” as she
could not be identified. This burden of proof on the State has been regarded as a
reflection of the Court’s concern for the Act’s intention to prevent statelessness.
However, in a joint survey conducted by Professor Yasuhiro Okuda and the
International Social Service, Japan, at child guidance centers from the end of 2000 to
February the following year, 17 out of the 241 applicants in Andrew’s situation were not
granted Japanese nationality despite the Supreme Court liberal judgment on Article 2
(3).99 Administrative practice may need to be improved.
There are no official statistics produced on the case of acquisition of Japanese
nationality in regards to children of unknown parents.100
Children Whose Parents are Both Stateless: Including Children Born in Japan to
Palestinian Parents
Article 2(3) of the Nationality Act stipulates from the perspective of preventing
statelessness that a child shall be granted Japanese nationality if “both parents … have
no nationality in a case where the child is born in Japan.” Typical application of this
provision has been for children born in Japan to Palestinian parents. However, the
Ministry of Justice changed its policy in the Ministerial Notice dated October 3, 2007,
and refused to grant Japanese nationality in such cases. 101 The reason has been
99
Okuda, supra note 23, pp.118. Cases of apparently “abandoned” babies are increasing. Thus, “once
again in January 2006, a public facility caring for infants who cannot be cared for at home consulted our
Child Nationality Study Group. A foreign woman had abandoned her newborn child and disappeared, and
the father’s whereabouts was unknown. Information about the mother’s alien registration or whether she
had registered the birth of the child was not available.” Tsukida, supra note 1, pp.259.
100
Interviews with the Civil Affairs Bureau of the Ministry of Justice conducted on April 30, 2009.
101
According to Lower House Diet Member Nobuto Hosaka’s Questions Concerning the Nationality of
Palestinian Children submitted to the Cabinet on Nov.30, 2007, 14 children had acquired Japanese
nationality by means of Article 2 (3) of the Nationality Act. Justice Ministry Civil Affairs Bureau
Director-General Itsuro Terada attended the 166th National Diet Session Budget Committee Third
Division as a government witness on February 28, 2007 and said, “At present, local governments have
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