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Baby born to Afghani refugees in Japan granted Japanese citizenship

32 Comments
By Casey Baseel, SoraNews24

It’s a not uncommon misconception that being born within a nation’s borders automatically grants you citizenship, but the truth is actually quite a bit more complicated. Yes, in some places with a “birthright citizenship” system the matter is as simple as “You were born here? OK, you’re a citizen.” The U.S., for example, is a birthright citizenship country…but Japan is not.

The gist is that being born in Japan doesn’t really give you a leg up in obtaining Japanese citizenship. Instead, the Japanese government is more concerned with the citizenship of a Japan-born baby’s parents. If two American citizens living in Japan have a baby, for instance, the Japanese government says the baby is American too in terms of citizenship, and American only.

But in a rare case, the Nagoya High Court ruled on Wednesday that a girl born in Aichi Prefecture in 2022 has Japanese nationality because both of her parents are Afghani. That might seem to contradict everything we just said about the Japanese government’s primary concern being your parents’ citizenship, but the court’s ruling is entirely keeping with it.

Japan, like many other nations, does not recognize the current Taliban government of Afghanistan, which seized control of the country in 2021. This means that the girl was born in Japan during a period when, in the eyes of the Japanese government, her parents are stateless and have no nationality. Under Japan’s Nationality Law, a child born in such a situation is considered to have Japanese nationality.

The girl’s parents are currently designated as “long-term residents” of Japan with refugee status. It’s unclear whether their daughter’s newly conferred Japanese nationality means similar status will be granted to them, but with 384 Afghani citizens given residency in Japan in 2022 and 2023, there may be more children born to Afghani parents in Japan who will be given Japanese nationality as well.

Source: NHK News Web, Yomiuri Shimbun

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32 Comments
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 in the eyes of the Japanese government, her parents are stateless and have no nationality. Under Japan’s Nationality Law, a child born in such a situation is considered to have Japanese nationality.

Just about time, Japan need more babies since its population is declining from time to time.

-11 ( +7 / -18 )

This was a good move on the part of the court, and I am more than happy to applaud Japan when they get things right.

Though in all honesty, the hypothetical alternative in which an Afghan girl could theoretically be deported to a country she has never lived in and doesn't culturally associate with, and also one in which she would have absolutely no freedom or economic opportunity, just to maintain the principles of the Japanese Racial Purity Industrial Complex would probably make even the most rabid of Japanese nationalists weary of the sheer cruelty.

-6 ( +10 / -16 )

Baby should obviously also be classified as stateless.

-14 ( +7 / -21 )

Mr Kipling

Baby should obviously also be classified as stateless.

if the girl is Japanese then she can't be stateless.

Japan shows compassion for change.

8 ( +12 / -4 )

"Don't let them in!" cry those let in.

-1 ( +11 / -12 )

I expect this to be overturned, or at least for different courts to reach the opposite conclusion in other cases. Non-recognition of the legitimacy of a governing power in a country does not make a person from that country stateless. If Japan believes that the previous Afghan government and its laws are still the legitimate authority in Afghanistan, then the girl is a citizen under those laws. Of course, it may be impossible for her to ever be issued with a passport, but it does not make her stateless.

-10 ( +3 / -13 )

M3M3M3

Today 07:17 pm JST

I expect this to be overturned, or at least for different courts to reach the opposite conclusion in other cases. Non-recognition of the legitimacy of a governing power in a country does not make a person from that country stateless. If Japan believes that the previous Afghan government and its laws are still the legitimate authority in Afghanistan, then the girl is a citizen under those laws. Of course, it may be impossible for her to ever be issued with a passport, but it does not make her stateless.

Article says

> Japan, like many other nations, does not recognize the current Taliban government of Afghanistan, which seized control of the country in 2021. This means that the girl was born in Japan during a period when, in the eyes of the Japanese government, her parents are stateless and have no nationality. Under Japan’s Nationality Law, a child born in such a situation is considered to have Japanese nationality.

-2 ( +3 / -5 )

Wallace.

if the girl is Japanese then she can't be stateless.

But she isn't Japanese. She is Afghani just like her parents. Just because her parents disagree with their government and fled doesn't alter this.

-8 ( +9 / -17 )

@Ian

in the eyes of the Japanese government, her parents are stateless and have no nationality. Under Japan’s Nationality Law, a child born in such a situation is considered to have Japanese nationality.*

Regardless of what the article claims here, the Japanese government clearly disagrees. Otherwise they wouldn't be in court trying to defend their decision to deny the baby citizenship.

1 ( +4 / -3 )

Mr Kipling

if the girl is Japanese then she can't be stateless.

But she isn't Japanese. She is Afghani just like her parents. Just because her parents disagree with their government and fled doesn't alter this.

The Japanese courts have given her Japanese citizenship. They have the authority to do that. What's your problem with that?

Many thousands of Japanese citizens are not Japanese.

6 ( +12 / -6 )

I approve the decision. Let the people come to Japan and become Japanese citizens. Welcome!

-5 ( +4 / -9 )

M3M3M3

Today 07:37 pm JST

@Ian

> in the eyes of the Japanese government, her parents are stateless and have no nationality. Under Japan’s Nationality Law, a child born in such a situation is considered to have Japanese nationality.*

> Regardless of what the article claims here, the Japanese government clearly disagrees. Otherwise they wouldn't be in court trying to defend their decision to deny the baby citizenship

The Japanese govt ruled that the baby is Japanese. Where does it say that the govt denied the baby citizenship?

1 ( +4 / -3 )

@ian

The Japanese govt ruled that the baby is Japanese. Where does it say that the govt denied the baby citizenship?

Logically, the only way for this case to have reached the Nagoya High Court is if an application for citizenship was denied by the Minstry of Justice and the parents sued.

1 ( +4 / -3 )

The girl should be either Afghani or stateless until the time comes that she and her parents can show that they earn the right to be here.

-5 ( +7 / -12 )

Well done Japan.

Everyone has the right to a nationality.

Statelessness is a legal classification - but with real world consequences. Individuals without citizenship, such as this baby girl, often find it difficult to obtain basic rights, such as education, healthcare, employment, and freedom of movement. The absence of these rights can result in a lifetime of hardships... the same basic human rights that most of us take for granted.

3 ( +5 / -2 )

Most of you probably weren't around back then, but we had a similar issue with Palestinians 20 years ago. Japan has never recognised the Palestinian state, so under Japanese law any Palestinian who managed to find their way to Japan was considered stateless and immediately eligible for Japanese citizenship. A friend of mine is actually a Palestinian who managed to get Japanese citizenship this way. However, after the numbers started to increase, the government simply issued a Ministerial Ordinance or some other type of interpretive guidance that effectively said "even though Japan doesn't recognise Palestine, it doesn't actually mean Palestinians are stateless because... reasons". The Afghan situation is far less complex than Palestine because Japan does continue to recognise Afghanistan as a sovereign state despite not recognising the current government. Whatever trick they used 20 years ago to change the interpretation of statelessness will likely be re-deployed here.

-4 ( +2 / -6 )

Good for the child, good for the parents, good for Japan.

The "government" of Afghanistan are illegitimate terrorists. They despise females - and put them on the same level as pigs. This girl would have lived a wretched, dangerous existence if forced to leave and exist under the Taliban scum.

As a Japanese citizen she will hopefully live a happy and prosperous life.

4 ( +9 / -5 )

Under Japan’s Nationality Law, the child is considered to have Japanese nationality. End of story.

1 ( +6 / -5 )

a girl born in Aichi Prefecture in 2022 has Japanese nationality because both of her parents are Afghani

Turns out that’s incorrect. There can be many reasons for the girl to have been granted nationality but her parents being from a particular country isn’t one of them. Otherwise too, a very poorly written piece.

0 ( +3 / -3 )

Baby should obviously also be classified as stateless.

Well, no. The law doesn't seem to agree with you. Sorry.

https://www.asahi.com/ajw/articles/15425783

https://www.moj.go.jp/ENGLISH/information/tnl-01.html

1 ( +3 / -2 )

My child has 3 nationalities due to parents' countries of birth and where my child was born. This is a blessing, giving my child a leg up in the world when they are out on their own. Children born in other countries do not give parents an anchor until they come of age which can be different depending on the origin of country they are born in, and Japan should do the same. Where these parents stay refugees, and that they can become permanent residents upon their daughter coming of age, she sponsors them and be held responsible for them while they remain in Japan.

1 ( +2 / -1 )

3 nationalities? Two fathers? Two mothers. My ancestry has 7 nationalities, but my kid had just the two.

4 ( +4 / -0 )

This is a strange interpretation of nationality laws.

For example, children of Chosensoren members are given Chosen nationality but Chosen no longer exists. Why are these children denied Japanese citizenship even though their parents would refuse it?

-3 ( +2 / -5 )

Japan need to support anchor babies like the USA.

-1 ( +2 / -3 )

It is an innocent baby girl ffs!!

In this case, I think the ruling was the correct one. Imagine what would happened if the parents and baby would have been forced to return to the terrorist mysoginistic state that treats women worst than animals.

Have some sympathy people, it was only an exception from the rule, and the right choice.

1 ( +3 / -2 )

It should be international law, if a baby is born in a country then it's a citizen of that country. I have a friend who was born in Canada to Japanese parents. He grew up in Japan. Worked in Canada until he retired, and just recently moved back to Japan. He is a citizen of Japan and Canada, he also has passports for both countries.

0 ( +2 / -2 )

Mr KiplingSep. 13 08:58 pm JST

The girl should be either Afghani or stateless until the time comes that she and her parents can show that they earn the right to be here.

I agree. The article says, the girl’s parents are currently designated as “long-term residents” of Japan with refugee status. What is wrong with that? Why to change this status?

There is no reason for Japan to offer hastily citizenship. Maybe Japan should grant this girl 'permanent resident' status. If the girl is doing well in future when growing up and continues to live in Japan as an adult, I have no objection to grant her Japanese nationality.

runner3Today 04:44 am JST

It should be international law, if a baby is born in a country then it's a citizen of that country.  I have a friend who was born in Canada to Japanese parents.

I don't think, this is the right way to go. While I see little problems between Japan and Canada, to be a pregnant immigrant coming from somewhere or nowhere and give birth should not result that this child is eligible immediately and automatically for citizenship and to give parents the right to stay in this foreign country at least until the child is an adult using social welfare and benefits to the expenses of the local population without contributing anything to their host country.

-2 ( +0 / -2 )

DataToday 01:27 pm JST

By Japanese law, the girl is Japanese, because it was born Japanese.

Nationality Act (Act No. 147 of 1950), Article 2 states it, point blank: "A child is a Japanese citizen (...) if born in Japan and both of the parents are unknown or are without nationality."

As far as I understand this text, both of her parents are NOT unknown.

Without nationality? Afghanistan does exist, nobody can deny that. It's a country, not occupied, not divided etc.

Her parents never claimed, that they are NOT citizens of Afghanistan.

The Japanese government does not recognize the present Afghan government, but this is a totally different matter.

Taiwan for example is not recognized as an independent country either by the Japanese government, but does every child born in Japan who has parents with Taiwanese passports the right for Japanese citizenship immediately after birth?

What about the special resident status for Koreans, both from North and from South? Many of them are born in Japan, but are not automatically considered as Japanese citizens.

They did not change the refugee/resident status of the parents.

This does not make sense either, as long as the child is a minor and a Japanese citizen it is impossible to remove the parents from Japan, even in case there is a recognized Afghan government later on and their status of being refugees is not a valid argument anymore.

This Nationality Act is more than 70 years old, outdated and should undergo a revision.

A child born but 'parents unknown' - A child born but 'parents without nationality' are 2 very different matter and should be considered separately in the Nationality Act.

Using this argument (child born in Japan) makes it possible for any illegal immigrant couple, entering with a pregnant wife, after giving birth, to claim citizenship for the newborn and the right to stay with the child in the foreign country.

It's a legal loophole, often is used, especially in Europe, where immigrants - often illegal - are claiming rights to stay and demand benefits and social welfare with the argument they have children.

In my own native country there is a big argument going on about such often illegal immigrant families, showing up with up to 11 children and claiming more than USD 7000,- per month for child support in cash and insist for free housing, health care and are totally unwilling to integrate and refuse to do any kind of job.

-2 ( +0 / -2 )

As it should be.

2 ( +2 / -0 )

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