2020
Statelessness & Citizenship Review
2(1)
mountainous regions bordering countries such as Myanmar, Cambodia and Laos
continue to lack citizenship. 34
Systematic discrimination against ethnic minorities, denationalisation and
resulting statelessness are age-old phenomena on the Asian continent. 35
Regrettably some stereotypes, stigmas and perceptions relating to certain
minorities are deeply rooted in some Asian countries, which are very difficult to
challenge in public discourse both online and offline. 36 Nonetheless, the continued
practice of hate speech against minorities in Asian societies — now also spread
on the internet — is very harmful, as it can jeopardise entire societies in Asia
through the incitement of violence against minorities. In cases left unaddressed,
hate speech can effectively prevent reconciliation, social inclusion and coexistence in many Asian countries and with technological development — where
Asian countries are active drivers — and the global increase of users on social
media platforms, hateful and degrading speech against minority groups is also
gradually moving to the online space where users enjoy a high degree of
anonymity.
On the other hand, Asian countries, which have diverse societies, typically have
few effective anti-hate speech laws in place that would criminalise online and
offline hate speech. 37 The adoption of strongly crafted anti-hate speech laws could
convey a clear message to perpetrators of their potential individual criminal
liability, which could promote the acquis of respectful and integrated societies.
IV
ETHNIC KOREANS SUBJECT TO MASS DENATIONALISATION AND HATE
SPEECH IN JAPAN
A long forgotten example of mass denationalisation in East Asia is the ethnic
Koreans who were forcibly taken to Japan during World War II to serve Japan.
While Japanese nationality was imposed on the entire Korean people after the
annexation of Korea in 1910, after World War II, Japan ‘resorted to mass
denationalisation of Koreans by depriving Koreans then residing in Japan of their
Japanese nationality’ under the Alien Registration Law of 1952 who then became
stateless. 38 When Japan normalised its relationship with South Korea in 1965,
34
35
36
37
38
See ‘Thousands of Stateless People Given Nationality in Thailand’, UNHCR (Web Page)
<https://www.unhcr.org/ibelong/thousands-of-stateless-people-given-nationality-inthailand/>. See also Janepicha Cheva-Isarakul, ‘“Diagnosing” Statelessness and Everyday
State Illegibility in Northern Thailand’ (2019) 1(2) Statelessness & Citizenship Review 214.
See Fernand de Varennes, ‘The Rights of the Marginalized in Asia: Increasing Protection or
Vulnerability?’ in Fernand de Varennes and Christie M Gardiner, Routledge Handbook of
Human Rights in Asia’ (Routledge 2019) 1. ‘Minority Stories/Asia’, Minority Rights Group
<http://stories.minorityrights.org/statelessness/chapter/asia/>.
Rita Manchanda, The No Nonsense Guide to Minority Rights in Asia (SAGE 2009) 16–17.
Moonis Ahmar, The Challenge of Confidence-Building Measures in Southeast Asia (HarAnand 2001) 67.
Unlike for instance in Germany and France which recently drafted anti-hate speech laws that
allow the regulators to impose large fines on social media platforms if they fail to report hate
speech to the police and remove hateful postings. See Netzwerkdurchsetzungsgesetz [Act to
Improve Enforcement of the Law in Social Networks] (Germany) 1 October 2017, BGBI I,
2017, 3352; Entwurf eines Gesetzes zur Bekämpfung des Rechtsextremismus und der
Hasskriminalität [Draft Law to Combat Right-Wing Extremism and Hate Crime] (Germany)
26 February 2020 Gesetzentwurf der Bundesregierung. See also Draft Law Aimed at
Combating Hate Content on the Internet (France) 9 July 2019, No 310. See also Myungkoo
Kang et al, Hate Speech in Asia and Europe: Beyond Hate and Fear (Routledge 2020).
Swan Sik Ko, Nationality and International Law in Asian Perspective (Martinus Nijhoff
1990) 297; Alien Registration Law (Japan) Law No 125 of 1952.
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