I want to go back to Thailand and join my family. Thai Embassy officials called
me many times for interviews. I asked them every time for a passport, but they
cannot give me one because I have no nationality. Japanese immigration officials
tell me that maybe I can go to Vietnam. But it’s the same. Without a nationality, I
can’t get a passport.
These cases illustrate how statelessness and illegal immigrant status intersect in forcible
removal. A petition filed with the Japan Federation of Bar Associations in 1999 by three
female human-trafficking victims had already signaled the emergence of this type of
case in Japan.133 Clearly, the actual number of these cases is far greater than that
brought to public notice, symbolically reflecting the nature of the problem of
statelessness.
What Happens to Unregistered Children?
The substantial number of unregistered births due to fear of being exposed as illegal
immigrants suggests disadvantages on the part of the mother and child. The mother’s
state of health remains questionable without visits to the obstetrician’s office for regular
checkups during pregnancy. The newborn child “cannot be vaccinated, without adequate
medical care when they need it. They cannot attend school when they reach school age.
These children are not growing in a protected and wholesome environment.”134
As Professor Lee et al. accurately relate, there are no nationality provisions in the
Maternal and Child Health Law and Child Welfare Law, and these laws do not
differentiate treatment according to residence status. As the Ministry of Health and
Welfare made clear in October 1995, “Without the nationality limitations in the
Maternal and Child Health and Child Welfare Laws, these laws do not differentiate
treatment according to residence status.”135
However, as is the case with the Japanese child whose family registry is not fixed for
lack of birth registry,136 children who are non-Japanese or whose Japanese nationality
133
Japan Federation of Bar Association, Report on Petition for Remedies concerning Human-trafficking
Victims from Thailand, May 1999.
134
Lee and Stevens, supra note 117, p.51.
135
Ibid, p.55.
136
Sakamoto, supra note 120.
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