The government must provide clear measures to assure that a child`s birth can be
registered without the repercussions that undocumented immigrants fear when in
contact with the authorities.
Thirdly, detention based on a deportation order should be suspended for those refused
by a designated country. When released, they should eventually be given a stable legal
status, rather than being left in limbo. These individuals are usually de jure stateless or
de facto stateless and the UNHCR can come to their aid in mediating cooperation
between Japan and the country of prior residence. Their situation can only be solved
through confirmation or acquisition of an effective nationality.
The statistical data produced by the Ministry of Justice reveals that the Japanese
government has removed stateless persons pursuant to a deportation order. However, no
information is available regarding the countries to which these persons were deported. It
is not clear whether the government takes into consideration situations they would face
in the receiving countries. The removing country’s concern with immediate enforcement
of should not be unconditionally prioritized. The government should ensure that
stateless persons are only removed to countries where they will have a secure legal
status, including lawful residence. The official data regarding detention under
the Immigration and Refugee Recognition Act of stateless persons including
the number, age, gender and length of detention should be made public as well as the
country to which stateless persons were removed.
Fourthly, effective administrative measures should be enacted so that those who seek to
obtain or confirm Japanese nationality (such as Indo-Chinese refugees and
war-separated Japanese nationals left in the Philippines), who are in a state of de facto
or de jure statelessness, may smoothly follow the required procedures to obtain such
status. Furthermore, an arrangement should be made to provide necessary legal advice
to those who are faced with problems of statelessness. The uncertainty surrounding the
nationality of recognized refugees and their offspring (such as the Rohingyas) should be
adequately addressed to prevent them from falling into the quagmire of statelessness.
The government should also ensure that directions are provided to relevant departments
in order to prevent the creation of statelessness by inadvertent administrative operations.
The Nationality Act makes some explicit references to the conferral of citizenship on
stateless persons. Article 8(4) of the Nationality Act provides for relaxation of the
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