SUB-REGIONAL OVERVIEW: EAST ASIA
SUB-REGIONAL OVERVIEW: EAST ASIA
Japan
Laws
Citizenship Law
Jus sanguinis provisions
Japan’s citizenship laws operate through a jus sanguinis
structure.998 According to Japan’s Nationality Law, children born
to a Japanese national parent shall be considered a Japanese
national, with no distinction between children born within or
outside of the national boundaries.999 If the father of a child, who
was a Japanese citizen, died before the child’s birth, the child
will be a citizen by descent.1000 A child born in the territory of
Japan to two stateless persons or to parents who are unknown
will be a citizen of Japan.1001
Japan’s citizenship laws operate through a jus sanguinis structure.
Another acquisition method, citizenship by acknowledgement,
exists in Japan. Under Japanese law, a child born to a Japanese
mother and a foreign father will become a citizen due to the fact
that Japanese law establishes the relationship of the mother
and child automatically at birth.1002 However, for children born
to Japanese fathers and a foreign mother, an acknowledgement
is required from the citizen father.1003 Due to a 2008 Supreme
Court judgement, children born to a non-Japanese father and a
Japanese parent can now gain citizenship if the parents are out of
wedlock by acknowledgement of the relationship by the citizen
father after the birth of the child.1004 Before the judgement,
children born to a non-Japanese mother and citizen father out
of wedlock would not be eligible for citizenship unless the father
acknowledged the legitimacy of the child before the child’s
birth.1005 A child can be presumed to be born in wedlock if the
parents have been previously married and the child is born 200
days or more after the start of such marriage or 300 days or less
after the divorce of such parents.1006 A child born out of wedlock
to a non-Japanese mother and Japanese father may obtain
Japanese nationality through acknowledgement after the birth
if the child is under 18 years of age, a notification is made to the
Minister of Justice, and the father or mother who has made the
acknowledgement is a citizen at the time of the child’s birth as
well as is currently a citizen.1007 If the Japanese father does not
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
voluntarily acknowledge a child (nin’i ninchi)1008,
then the child (or their agent) can seek compulsory
acknowledgement (kyousei ninchi), a process to
procure acknowledgement through arbitration,
or if unsuccessful, a lawsuit.1009
administratively does not follow classification of
stateless persons in accordance with international
law which can lead to lesser reliance on official
statistics due to duplication of numbers or can
lead to misclassification.1016
There is no statutory protection such as a
grant of residence status or nationality for
stateless persons based on the fact that they are
stateless.1010 Thus, stateless persons in Japan
do not enjoy freedom of movement (Article
26 of the Convention relating to the Status of
Stateless Persons) or the benefit of expulsion
prohibition (Article 31 of the Convention relating
to the Status of Stateless Persons). A 2015 report
supported by UNHCR outlined the “convergence
and divergence” between the statelessness
conventions and Japanese citizenship laws and
administrative policies, finding major gaps in the
laws of Japan (including the lack of a definition of
‘statelessness’ or ‘stateless person’).1011 Stateless
persons who do not have residence status in Japan
(‘Non-resident Stateless Persons’) are deprived of
nearly all of the rights and protections provided
to persons with Japanese nationality or residence
status.1012 On the other hand, stateless persons
with residence status (Resident Stateless Persons)
can enjoy the benefits of social insurance including
pension and health insurance, financial support for
disabled persons or childcare, and subsidies for
residence.1013 Even for Resident Stateless Persons,
there is a risk of receiving a deportation order
upon being deemed to fulfil certain deportable
conditions.1014 Practical difficulty in enforcing such
deportation orders often result in such stateless
persons remaining in Japan with an unstable
status without any assurance of right to stay in
Japan or to avoid further deportation.1015 A 2017
report supported by UNHCR showed that with
the lack of a legal definition of statelessness, Japan
Naturalized citizenship
There is no statutory protection such as a grant of
residence status or nationality for stateless persons
based on the fact that they are stateless.
A process for naturalization is available for
foreign nationals, stipulated by Article 5 of Japan’s
Nationality Law.1017 In order to be eligible, the
applicant must have continuously resided in Japan
for at least five years, must not have nationality of
another country, and have never been involved in
terrorist activities, among other requirements.1018
There is no naturalization process available
explicitly to refugees or stateless persons.
A process for naturalization is available for foreign
nationals, stipulated by Article 5 of Japan’s
Nationality Law.
However, there is a provision stipulating a separate
naturalization process for ‘aliens’.1019 ‘Aliens’ can
be eligible for this process if they have residence
in Japan for three consecutive years and are by
birth the child of a Japanese citizen, they have
residence in Japan for three consecutive years
and was born in Japan, or who has had residence in
Japan for ten consecutive years.1020 Therefore, to
obtain a legal residency status in Japan, one would
need to pursue recognition of refugee status.
Dual citizenship
Dual citizenship is not recognized in Japan. If a
Japanese citizen acquires citizenship elsewhere,
they will lose their Japanese citizenship.1021
Japanese nationals possessing another nationality
must make a choice on which citizenship to take,
and deprive themselves of the other nationality.1022
Treaty ratification status
While Japan is not a party to the 1954 Convention
relating to the Status of Stateless Persons
REPORT 2024
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