explained thus102:
Palestinians were formerly treated as stateless persons in international law, but
although Palestine has not been recognized as a state, considering recent
developments in the area and the virtual State status of the Palestinian National
Authority, it is no longer necessary to regard Palestinians as stateless. Thus, their
children need not be granted Japanese nationality….
This change in policy follows the Ministry of Foreign Affairs’ response to an inquiry
from the Ministry of Justice on the matter:
(1)Based on the 1993 Oslo Accords, which affirmed a Palestinian right of
self-government within the West Bank and the Gaza Strip, the Israeli
Government has been transferring jurisdiction over territories to a Palestinian
Self-Government Authority in stages. It can be said that Palestinians have the
right to reside in the transferred territories.
(2)When Palestinians feel mistreated in Japan, they can ask their General Mission
in Tokyo for necessary protection and support.
(3)Oslo Agreement II Appendix III in Article 28- 2, 7, and 8 refers to the
Palestinian Authority’s right to issue passports to Palestinians and their validity
in many countries. Japan recognizes this passport as valid based on the Cabinet
Decision of October 10, 2002
Concerning Palestine, a proposition that “the entity ‘Palestine’ does not fully satisfy the
international legal criteria for statehood still seems to be valid. Palestinians who have
not acquired the nationality of a third state therefore continue to be stateless for the
purpose of international law.”103 The U.N. has not recognized Palestine as a state. Japan
reported 12 born in Japan to Palestinian parents registered in the Japanese family registry.” (Deliberation
in the Diet has been retrieved from the Website indicated above unless otherwise stated.) Kyodo News
reported on a seven-year-old child of Japanese nationality born in 2002 to Palestinian parents in Japan
living in Gaza on January 14, 2009. “Child of Japanese Nationality in Gaza.” In relation to this issue,
Ministry of Foreign Affairs Consular Affairs Bureau Director-General Yasuaki Tanizaki attended the 166th
National Diet Session Budget Committee Third Division as a government witness on February 28, 2007,
and stated, “The Japanese government extends its protection to those who were stateless but subsequently
acquired Japanese nationality. Our embassies and consulates will provide information if they find that that
person resides in a dangerous region, like it would to every Japanese national.” This statement confirms
the effectiveness of nationality.
102
Government response No. 280, House of Representatives Interpellation168 No.280 (December 11,
2007).
103
Takkenberg, L., The Status of Palestinian Refugees in International Law (1998), p.181.
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