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Typology of Stateless Persons in Japan

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Typology of Stateless Persons in Japan Typology of Stateless Persons in Japan Study Group on Statelessness in Japan Ayane Odagawa Sosuke Seki Hajime Akiyama Fumie Azukizawa Keiko Kato Anna Nakamura Yue Fu Manami Honda *This study was commissioned by UNHCR Representation in Japan to the Study Group on Statelessness in Japan with additional funding from the Japan Law Foundation. TYPOLOGY OF STATELESS PERSONS IN JAPAN December 2017 Study Group on Statelessness in Japan Ayane Odagawa Sosuke Seki *** Hajime Akiyama Fumie Azukizawa Keiko Kato Anna Nakamura Yue Fu Manami Honda The views expressed in this report are those of the authors and do not necessarily reflect those of UNHCR. This report can be downloaded at www.unhcr.org/jp/ © UNHCR 2017 1 FOREWORD A stateless person is somebody who is not considered a national by any State. There are at least 10 million stateless people and persons at risk of statelessness worldwide. Without the formal legal bond of nationality, stateless people are often unable to enjoy basic human rights such as going to school, receiving healthcare, or registering birth or marriage. Many stateless persons cannot legally travel to and stay in another country. Some may even face detention. UNHCR is mandated by the UN General Assembly to assist States to identify, prevent and reduce statelessness as well as to protect stateless persons. States and UNHCR have in recent years strengthened their efforts to address statelessness. Since the beginning of UNHCR’s renewed accession campaign in 2010, the number of contracting States for the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness increased from 65 to 89 and 33 to 70 respectively. Furthermore, a number of States have made changes to their national legal frameworks or established statelessness determination procedures. Encouraged by these positive developments, UNHCR launched its #iBelong campaign in November 2014 to end statelessness within 10 years. This report is the third study commissioned by UNHCR in Japan and complements the two previous studies by Professor Kohki Abe entitled “Overview of Statelessness: International and Japanese Context” (2010) and Professor Osamu Arakaki entitled “Statelessness Conventions and Japanese Laws: Divergence and Convergence” (2015). These earlier studies had recommended that further research be carried out to help identify the number and circumstances of stateless persons in Japan and the realities they face. The study provides useful insights on the various procedures in which administrative bodies assess a person’s nationality status. It provides case studies of stateless persons and persons who are potentially stateless, categorized by the causes, and proposes measures to address the challenges identified through the case studies. The report will also help the government to more accurately quantify statelessness in Japan in the future. 2 This latest study reinforces the previous reports’ recommendations to establish a statelessness determination procedure, to flexibly implement and strengthen the current Japanese nationality law provisions to address statelessness, as well as to accede to the two Statelessness Conventions. The authors also emphasize that the assessment of statelessness should be made in line with the guidance of the UNHCR Handbook on the Protection of Stateless Persons (2014). The Study also demonstrates through examination of actual cases that increased awareness regarding nationality and statelessness issues among the relevant actors in Japan can help identifying and addressing (the risk of) statelessness. In this context, this Study can contribute to a more systematic identification of persons whose statelessness may not have come to the surface and provide practical hints to explore how to effectively respond to their plight. UNHCR Japan hopes that this study will provide the basis for active discussions among the government, legal practitioners, civil society and stateless persons themselves about how the identified challenges can be addressed, including potential actions for the strengthening of the current legal framework and its implementation. Dirk Hebecker Representative UNHCR Representation in Japan 3 PREFACE The Study Group on Statelessness in Japan, to which the authors of this report belong, is a voluntary group founded in 2014 by researchers, practitioners, and NGO staff interested in issues of statelessness in Japan. The same year in August, the group began conducting a study funded by the Japan Federation of Bar Associations Law Foundation, i.e., the Study No. 111 “Study on Statelessness in Japan: Understanding the situations of stateless persons and the legal framework relating to protection of stateless persons.” 1 It has also held its study session once every one to two months and has carried out overseas research by interested members in order to deepen the knowledge on statelessness issues in Japan. Two studies on statelessness in Japan commissioned by UNHCR Tokyo have already been conducted. These are: Kohki Abe, “Overview of Statelessness: International and Japanese Context” (March 2010), and Osamu Arakaki, “Statelessness Conventions and Japanese Laws: Convergence and Divergence” (May 2015). 2 They both produced significant outcomes as studies examining statelessness in Japan in recent years. In consolidating the research outcomes for the purposes of writing this report, the Study Group on Statelessness in Japan intends to characterize it as a third volume complementing the two previous studies and aiming to be read together with them to provide further insights into the phenomenon of statelessness in Japan. Appreciation is hereby made with gratitude to Professor Kohki Abe who conducted one of the earlier studies for his great support on this report. We also would like to express our gratitude to the persons involved with each case which this report covers, their attorneys-at-law, supporting organizations, and embassies and consulates in Japan for providing information as well as advice. Moreover, Professor Atsushi Kondo, other members of the Study Group on Statelessness in Japan, and UNHCR staff, especially Ms. Mai Kaneko and Ms. Radha Govil, provided us with many useful comments. The English translation of this report was 1 Japan Law Foundation, Kenkyu [Study], at https://www.jlf.or.jp/work/kenkyu.shtml. 2 Kohki Abe, Mukokusekino Joukei: Kokusaihouno Shiza, Nihonno Kadai [Overview of Statelessness: International and Japanese Context] (UNHCR, 2010), at http://www.unhcr.org/4ce643ac9.html. (Translator’s note: the English version is the following. Kohki Abe, Overview of statelessness: International and Japanese Context (UNHCR, 2010), at http://www.refworld.org/docid/4c344c252.html.) Osamu Arakaki, Mukokuseki Jouyakuto Nihonno Kokunaihou: Sono Settento Hedatari [Statelessness Conventions and Japanese Laws: Convergence and Divergence] (UNHCR, 2015), at http://www.unhcr.org/jp/wp- content/uploads/sites/34/protect/Statelessness_Conventions_and_Japanese_Law.pdf. (Translator’s note: the English version is the following. Osamu Arakaki, Statelessness Conventions and Japanese Laws: Convergence and Divergence (UNHCR, 2015), at http://www.unhcr.org/jp/wp- content/uploads/sites/34/protect/Statelessness_Conventions_and_Japanese_Laws_EN.pdf.) 4 prepared by Ms. Kaneko, Ms. Miki Arima, and Mr. Christopher Cade Mosley. We would like to express our sincere gratitude to them as well. Finally, we would like to express our respect to all the authors for their great work. We hope this report will contribute to worldwide efforts to identify statelessness which would in turn help resolve the issues of statelessness. Representing the Editors, Ayane Odagawa Sosuke Seki 5 TABLE OF CONTENTS LEGEND .................................................................................................................................................... 9 INTRODUCTION .................................................................................................................................. 11 EXECUTIVE SUMMARY .................................................................................................................... 16 Chapter 1 : GENERAL INFORMATION .......................................................................................... 22 Section 1: Situations relating to statelessness in Japan ........................................................ 22 1. Japanese law and criteria for the determination of statelessness ............................. 22 2. Existing statistics relating to statelessness ...................................................................... 30 Section 2: The definition of statelessness in international law .......................................... 39 1. Definition and legal requirements of statelessness in the 1954 Convention ......... 39 2. Burden of proof in establishing statelessness ................................................................. 42 Chapter 2: SAMPLE CASE ANALYSIS ............................................................................................ 44 Section 1: Categories of persons whose statelessness or risk of statelessness arose while in Japan ................................................................................................................................... 44 Category A [Conflict of laws] Persons who did not acquire by birth the nationality of their parents or the nationality of their country of birth due to conflict of laws (Sample cases from Paraguay and Myanmar) .....................................................................................
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