INTRODUCTION
Where this report fits in
As mentioned in the preface, this report was designed as the third volume of the two
earlier reports, Kohki Abe’s “Overview of statelessness: International and Japanese
Context” (hereinafter the Abe Report) and Osamu Arakaki’s “Statelessness Conventions
and Japanese laws: Convergence and Divergence” (hereinafter the Arakaki Report). This
report is also meant to present the outcome of a study funded by the Japan Law
Foundation, Study No. 111: “Study on Statelessness in Japan: Understanding the situations
of stateless persons and the legal framework relating to protection of stateless persons.”
The 2010 Abe Report clarifies the definition of statelessness under international law,
explains its causes and trends of statelessness, and provides an overview of statelessness
and where it fits in within the context of Japan. It also analyses some groups of stateless
(or possibly stateless) persons from the standpoint of prevention of statelessness and
treatment of stateless persons.
The subsequent 2015 Arakaki Report analyses how Japan has historically handled
issues of statelessness and discusses the consistency between the two statelessness
conventions (the 1954 Convention relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness, hereinafter “the 1954 Convention” and “the
1961 Convention”) and domestic laws as well as their practice in Japan, a State not yet a
signatory to the two conventions. Particularly, the report points out that the lack of a
definition of statelessness under Japan’s domestic legislation leads to a crucial gap between
domestic law and the two statelessness conventions, revealing the legislative and policy
challenges to be addressed for accession to the two statelessness conventions.
In order to build on these two earlier studies on statelessness issues in Japan, this report
referred to groups of stateless or potentially stateless persons which the Abe Report
examined, as well as the points raised in the Arakaki Report, as issues to be explored further
in relation to Japanese law. The authors then conducted a new “mapping” in the sense that
they re-identified general categories of stateless persons and persons at risk of
statelessness in Japan as broadly as possible in order to gain an overview of the cases in
Japan.
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