alien registration may not always indicate actual nationality or statelessness.” This
shows that acknowledgement of a nationality (or statelessness) by the local authorities
and regional Legal Affairs Bureau does not always reflect actual nationality or lack of
nationality.110
In the determination of nationality, the Bureau's foreign registration practice has given
weight to passports, other relevant documents and the applicant's own statements.
However, standard procedures that each administration can refer to in order to
determine whether an applicant has a nationality, and in particular, whether an applicant
is stateless, have not been established in the alien registration procedure.111
The most serious effect on nationality decisions results from birth registration.
Registration of birth with the Japanese authorities in itself does not grant the child a
nationality; it only confirms the nationality of the child. However, failing to carry it out
leaves the child’s nationality unrecognized. Thus birth registration, or rather the lack of
it is now recognized as a source of statelessness.112 Article 7(1) of the Convention on
the Rights of the Child states: “The child shall be registered immediately after birth and
shall have the right from birth to a name, the right to acquire a nationality.” This
indicates that nationality cannot materialize without birth registration.113
In the above-mentioned survey conducted by Professor Okuda, 81 persons, or a third of
the surveyed subjects, born in Japan had not registered their birth. More than a hundred
had not registered birth in the non-Japanese parent’s country. Fourteen of irregular
immigrant status had refrained from registering the birth of their child from fear of
being reported to the immigration authorities. Two subjects had not registered birth
because the hospital had not issued them a birth certificate.114
Professor Lee describes the situation in her August 2000 thesis; “The mother, an illegal
resident, knows she will be deported if the authorities come to know of her status. The
mother thus refrains from visits to public offices. She will not report her pregnancy, and
110
Okuda, supra note 23, pp.32-33, pp.149. In an interview with her on September 28, 2008, Professor
Chen Tien-shi, who has conducted extensive research on stateless persons, stated “The word stateless
used in the Japanese alien registration system is very ambiguous. Since statelessness requires some sort of
treatment, the tendency has been to avoid using this term, assigning the name of a country or an area.”
111
Interviews with the Immigration Bureau of the Ministry of Justice conducted on April 30, 2009.
112
Waas, supra note 13, pp.447.
113
Concluding Observations: Philippines, UN Doc.CRC/C/15/Add.258, 2005 paras.36-37 clearly states
this view.
114
Okuda, supra note 23, 126-38.
44