moving across borders, therefore, they need to have a travel document issued by the
Japanese government, which permits reentry.140
Thus lacking protection from their home countries, Indo-Chinese refugees (Vietnamese
refugees in particular) are unable to enjoy protection that citizens would normally enjoy,
and may be categorized as de facto stateless persons. If their nationalities have been
withdrawn, they are de jure stateless, a case which is to be determined. It should be
recalled that a child born in Japan to stateless parents shall be granted Japanese
nationality at birth by virtue of Article 2 (3) of the Nationality Act. It is important to
accurately assess whether s/he has nationality in the country of origin.
There is no official statistical information on the number of Convention refugees and
Indo-Chinese refugees who have been naturalized.141 While Indo-Chinese refugees are
to receive equivalent treatment to Convention refugees, they may in fact not have
certificates of refugee status, which makes it very difficult for them to continue with the
naturalization procedure. Without the help of their home countries, they may not be able
to produce the necessary documents required for naturalization. Instead, currently, the
Refugees Assistance Headquarters of the Foundation for the Welfare and Education of
the Asian People issues Certificates of Resettlement Record, to be submitted along with
written reasons for failing to obtain evidential documents from the government of their
country of origin, to facilitate naturalization and other procedures for Indo-Chinese
refugees.
In Japan, there is a substantial number of Rohingyas (Muslim residents of Northern
Rakhine State, Myanmar) among asylum-seekers, Convention refugees and a group of
people granted special resident permits for humanitarian reasons. The Burmese
Citizenship Act of 1982 classifies citizens into three categories: full citizens, associated
citizens and naturalized citizens. Since the vast majority of Rohingyas fail to qualify for
140
Kim Sun Gil, “Indochinese Refugees in Japan”, in White Paper on Foreigners and Ethnic Minorities
(Liaison Network of Human Rights Law for Foreigners ed., 2007), pp.210-11. See also, Yue Fu,
“Protection of Stateless Persons: Issues Related to the Right to Remain in the Country of Habitual
Residence” Housei Ronsou (The Japanese Journal of Law and Political Science), Vol.44.No.2 (2008),
p.4.
141
However, an IOM-commissioned research conducted during the period from September 30 to October
20, 2004, on Vietnamese refugee women in Japan, reveals that 60 (23.9 %) out of 279 who responded to
questionnaires had been naturalized. IOM, Survey on Vietnamese (female) refugees’ adaptation to Japan
(2008), p.97. Another research conducted on 163 Vietnamese refugees living in the metropolitan area
reports that 22 % of them were naturalized while 1 % obtained permanent resident status. Hiroshi Yamada
et. al., Nihon no Nanminukeire Kako, Genzai, Mirai (Reception of Refugees in Japan: Past, Present and
Future) (2007), p.143.
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