Document No.
2013 – 1
Petitioner: Fukukokuseki (Multiple Citizenships) PT
Petition items:
Prompt Repeal of the
Requirement that Japanese Citizens Holding Multiple Nationalities Make a
Nationality Selection to Renounce either their Japanese Nationality or their
Foreign Citizenship(s), which Has Been Ineffective.
Reciprocal Approval of Multiple
Citizenships for Japanese Nationals with Other Nations that Allow Multiple
Citizenships.
Example: Nations in Oceania,
America, and Europe.
Our View of this Petition:
Doubtless, allowing multiple citizenships would promote various
opportunities for Japanese citizens around the world. It would greatly benefit Japanese people
living abroad as well as their families.
Now that Japanese communities are spread over the world, allowing
multiple citizenships would benefit them, which would also be of great benefit
to Japan. In particular, this revision
of the law would contribute to securing international human capital and
information resources as well as economic and financial assets.
At present, the Japanese nationality law of 1950 is among the most
intolerant of multiple citizenships compared with the laws of other developed
countries. On the other hand, an
increasing number of Japanese citizens study and work around the world.
Reforming this intolerant system to make it more lenient would be consistent
with the world trend, because other developed countries also allow multiple
citizenships. Finally, it would
significantly promote Japanese interests and contribute to Japan as a
whole. Moreover, allowing multiple
citizenships with other reliable developed nations would help
internationalization but would not cause social problems.
There are some criticisms about allowing multiple citizenships, such
as concerns about conflict of loyalty or conflict with the right of diplomatic
protection. On the other hand, more
countries have shifted from sole citizenship systems to multiple citizenships
systems, as evidenced by the Republic of Korea among other Asian
countries. It is now becoming a world
trend. It can be said that there is no other
country as intolerant as Japan among developed nations. A seclusion policy could harm the Japanese
economy, which has already been in recession.
Moreover, the disadvantages of allowing multiple citizenships pointed
out by the Ministry of Justice have never arisen as social issues among countries
that allow such a system. For example,
problems have never been observed in the Republic of Korea.
It is estimated that at least 600,000 Japanese people hold multiple
citizenships. This clearly shows that
the intolerant current system has become an obsolete framework. The trend for more Japanese to go overseas
has inexorably increased this number and will continue in future. However, we have never observed related
social issues. It is time to revise the
intolerant system. The Japan Federation
of Bar Associations has also recommended that it be changed to a more tolerant
system of allowing multiple citizenships.
Therefore, we request the following two amendments to the current
law.
1.
Prompt Repeal of the Nationality Selection
System, which has been ineffective.
Children
who are born to a Japanese parent and a parent with foreign nationality or
those who are born to Japanese parents in Jus Soli states such as the United
States of America should have dual citizenship. This would allow Japanese citizenship
plus that of the other parent in the former case or the nation where the child
is born in the latter case. The Japanese Nationality Law requires any
person who holds multiple citizenships
to make a "declaration of choice" by the age of twenty-two, whereby
they choose to renounce either their Japanese nationality or their foreign
citizenship(s). However, this could be
regarded as requiring children to choose one of their parents and we find this
quite an unreasonable demand. As
evidence for our position, we note the Japan Federation of Bar Associations has
pointed out that this requirement could violate the human rights of those
children. Moreover, it is estimated that
30,000 to 40,000 Japanese people a year are born holding other citizenships,
whereas only 10% of those Japanese people have made a nationality
selection. This shows that this system
itself has become ineffective.
2.
Reciprocal Approval for Japanese Citizens to Hold
Citizenships of Other Nations that Allow Multiple Citizenships for their
Citizens
Japan should
allow citizens to hold multiple citizenships with countries that have
normalized relationships with Japan and allow multiple citizenships for their
citizens, such as France, Switzerland, Italy, Germany, the United Kingdom,
Canada, the United States of America, and Oceania countries such as Australia
and so on.
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