without nationality” should be included in the Guidelines as a positive factor for granting
special permission to stay.123
In addition to the above, needless to say, it is important to provide access to experts with
sufficient knowledge of statelessness for rapid and effective protection.
(3) Reduction
Under the current framework, statelessness arising in Category A is not being prevented;
therefore, from the perspective of reducing statelessness, providing Japanese nationality
through application for naturalization would be a solution. Specifically, it is important to
ensure that Article 8(iv) of the Nationality Act is appropriately implemented.
Nevertheless, under the current circumstances as described in Case 1, it is possible that
the understanding of officials in charge of receiving applications for naturalization is not
necessarily adequate and that an eligible individual is unable to apply for simplified
naturalization under Article 8(iv) in a smooth manner. Therefore, legal affairs bureaus
should collect accurate information on the nationality laws and practice of various States,
deepen their understanding of such information, and establish and maintain a system under
which simplified naturalization is applied in an appropriate and consistent manner.
Category B [State succession] Persons whose country of previous nationality has gone
through State succession who cannot have their possession of the nationality of the
successor State or the predecessor State confirmed (Sample cases from Ethiopia and
Eritrea)
Category B is statelessness arising when the country of nationality goes through State
succession.
The individual in < Case 3 > is from an area which is part of Eritrea’s territory today. Eritrea
was annexed by Ethiopia when he was young and later became independent. In the
process, he fell into a situation where he is not considered as a national by either Eritrea or
Ethiopia.
provides the following as such grounds: “(i) He or she has obtained permission for permanent residence; (ii) He or she
has had a registered domicile in Japan as a Japanese national in the past; (iii) He or she resides in Japan under the
control of another due to trafficking in persons; and (iv) The Minister of Justice finds grounds to grant special
permission to stay, other than the previous items.” With regard to asylum applicants, similar decisions are made within
the refugee status determination procedure (ICRRA, Article 61-2-2 (2)). Further, in recent years, the guidelines
specifying the criteria for granting special permission to stay have been made public. Ministry of Justice, “Zairyuu
Tokubetsu Kyokani Kakawaru Gaidorain [Guideines on Special Permission to Stay in Japan]”, at
http://www.moj.go.jp/nyuukokukanri/kouhou/nyukan_nyukan85.html.
123 Under the present circumstances, there may be cases where continued residence in Japan is considered on
humanitarian grounds if the individual is stateless and has effectively lost his or her country of origin and it is difficult
to establish domicile outside of Japan; however, it is not sufficient as a criterion for protection, as such decisions
appear to be made with consideration of various other circumstances and not based solely on the fact that
the individual is stateless. Arakaki, supra note 2, p.72.
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