requirements for naturalization for a person born in Japan, not having any nationality
since the time of birth, and continuously having a domicile in Japan for three years or
more since that time. Further, Article 2(iii) of the Nationality Act provides that a child
can acquire Japanese nationality if born in Japan and both of the parents are unknown or
are without nationality.
To further limit the possibility of the occurrence of statelessness, the Nationality Act
should be revised so that a child born in Japan be granted Japanese nationality where
one or more of the parents possess/es foreign nationality but is/are unable to pass on
their own nationality under their nationality law, which renders the child stateless if
Japanese nationality is not granted.
The official data should be made public, annually and in total, regarding the
number and gender of stateless persons who have acquired Japanese
nationality by application of the Nationality Act. The statistical data on refugee
determination should include information on the number, gender and the country of
former habitual residence of stateless applicants and refugees.
Fifthly, it should be stressed that Japan has the obligation to observe faithfully
international human rights obligations in relation to its treatment of de jure and de facto
stateless persons. These include human rights instruments such as the Convention on the
Rights of the Child, the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Elimination
of All Forms of Discrimination Against Women, and the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment of Punishment. All humans have the
right to enjoy rights protected therein. Limitations of these rights based on nationality or
migrant status must be carefully examined: it must not constitute discrimination under
international human rights law. Granting/depriving nationality and immigration control,
including granting of resident status, are no longer mere domestic matters left to the sole
discretion of the State, but a matter clearly regulated by international human rights law.
Under any circumstances, a minimum level of human rights set forth in the international
documents must be guaranteed to anyone in the state of statelessness.
These human rights instruments except the Convention on the Rights of the Child,
provide for international bodies that receive and consider complaints from individuals
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