There are limitations to dealing with the problem of statelessness through child welfare
services. Grasping the problem of statelessness in itself is difficult, as fear of drawing
attention to irregular status keeps irregular migrants away from government authorities.
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Other examples of emerging statelessness include the birth of a girl in July 2008 in
India to an Indian woman, when a Japanese man asked her to give birth to his baby as
the surrogate mother. The baby girl’s nationality remained uncertain. After the Indian
government issued a travel certificate following the Supreme Court’s decision, the
Japanese government issued a one-year visa on humanitarian grounds, and the baby girl
was allowed entry into Japan. The Ministry of Justice has suggested that parental
relationship be established by means of paternal acknowledgment or adoption before
applying for Japanese nationality 120 Further discussion on statelessness may be
necessary for similar cases in the future.
(2) Status of Stateless Persons and Related Groups of Concern
In Japan, the treatment of (de jure and de facto) stateless persons, including the scope of
their rights, largely depends on the legal status. For instance, stateless persons without
legal status are at risk of indefinite detention.
In describing the treatment faced by stateless persons, some actual examples will be
presented below. I will also mention groups that are not necessarily stateless, but might
face similar disadvantages in relation to nationality issues.
Listening to Voices of Stateless Persons
Dr. Eugene Aksenov, Director of the International Medical Clinic in Tokyo, became
stateless when Manchukuo collapsed. He has been living in Japan without a nationality.
“I do not wish for a nationality, since I can be free. What I desire most now is to do as
much as I can for society in good health as a doctor. It is my utmost wish that the world
44 were stateless among the 475 who did not have Japanese nationality. The professor predicts that there
are more stateless children in the 40 who were in the process of applying for nationality and 220 whose
nationality were unknown.
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“Dairi shussanji indo karano nyukoku (Baby born to a surrogate mother in India admitted entry to
Japan)” Tokyo Shimbun, November 3, 2008.
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