has withheld state recognition of Palestine from its failure to satisfy requirements of
statehood, especially independence. Approving Palestinian nationality without
recognizing the Palestinian state may be subject to debate from the perspective of
effective nationality.104
Naturalization
The Nationality Act expects naturalization by a stateless person (Article 5(5)) and has
provisions that facilitate naturalization procedures for stateless persons in certain cases.
As stated previously, naturalization restrictions have been eased for stateless persons
born in Japan and residing in the country for more than three years since birth. However,
naturalization has not been recognized as a right, as its approval is left to the discretion
of the Minister of Justice. Therefore easing conditions for naturalization does not
always facilitate naturalization procedures.
The Civil Affairs Bureau of the Ministry of Justice has produced statistics for the
number of naturalization applications in the ten-year period from 1999 to 2008, which
are shown in the table below.105 The number of stateless applicants during that period
was not published, but interviews with the Ministry of Justice's Civil Affairs Bureau
have indicated that every year there are roughly around 10 to 20 stateless applicants,
and that in 2008 there were 16.
In this context, applicants whose nationalities are unclear are lumped together with
applicants who do not have a nationality and are given the same treatment. Passports,
birth certificates, identification documents, parents' nationalities, and other such
documents that can have relevance to nationality identification are taken into
consideration in determining an applicant's nationality, or lack thereof.106
104
Professor Okuda quotes an international law scholar’s view that when the reason for not recognizing a
new state or government lies in its not having the essential conditions of a state or government, then the
court cannot treat it as a state or government. In private law, it should not be possible to apply laws
pertaining to an area that does not have the quality of a state. Japanese nationality cannot be deprived
from a person acquiring the nationality of an area that does not have the requirements of a state. Okuda,
supra note 3, pp.93-94. According to Ministry of Justice Immigration Bureau Director-General Toshio
Inami, who participated in the 166th National Diet Session Budget Committee Third Division as a
government witness on February 28, 2007, “Palestinians who entered Japan with travel documents issued
by the Palestinian Authority have been classified as stateless, but Palestinians working at the General
Mission of Palestine in Tokyo and their families have been granted residence status for “designated
activities” (Palestinians working for the General Mission of Palestine in Tokyo and their families).
105
http://www.moj.go.jp/TOUKEI/t_minj03.html.
106
Interviews with the Civil Affairs Bureau of the Ministry of Justice conducted on 30 April 2009.
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