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© KYODOHigh court rules Japan's dual nationality ban constitutional
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Hercolobus
It is Japanese law, so need to respect it.
Banthu
But that does not negate having 3 or more nationalities.
It says "a" foreign nationality.
Again, 3 or more is not negated.
I follow the letter of the law.
garymalmgren
RE: on the grounds that she had lost her Japanese nationality.
No mention of the process that she undertook to lose nationality.
Did she surrender it and then have a change of mind?
リッチ
Grammar check please “Japanese-born U.S. citizen.” Japan born. If she had been born in America she has it by birth right. It’s just because she was born in Japan they horses her to give it up. Seems like she doesn’t know how to follow the rules.
rainyday
There was no process, she never renounced her Japanese nationality. The government just stripped her of it when it discovered that she had taken US nationality and she was only informed of this when she applied for a new passport.
collegepark30349
*Article 11 of the nationality law, which stipulates loss of Japanese nationality if a foreign nationality is acquired *by choice
I'm going to have to go and check the original Japanese wording, but this interests me. There are many children, mine included, who did not acquire their foreign nationality "by choice." I, their father, applied for their US natioanlity when they were just days / months old. They had absolutley no say in the matter - they couldn't even talk. There might be another stipulation in the law for such cases. Does anybody know more about this?
Aly Rustom
High court rules Japan's dual nationality ban constitutional
Japan regresses again.
Kondo told a press conference following the ruling she intends to appeal to the Supreme Court, saying that the high court "showed no interest in the difficulties I face in real life."
Good on her. God's speed Kondo-san
rainyday
That situation is covered by the broad rule contained in Article 14 of the Act, which stipulates that any Japanese national who also has a foreign nationality (which includes both acquiring it by choice or acquiring it through birth to a foreign parent who gets it for them like you did) must choose one nationality by the age of 22 and renounce the other one.
Kazuaki Shimazaki
It's very typical People know the rules and try to break them by stealth. When they are caught, they start complaining in court about how the rule is unconstitutional anyway.
They just have self-respect for their citizenship. I know a lot of countries cheap sell their citizenship these days, but just because Japan doesn't do so doesn't mean it is Unconstitutional.
Aly Rustom
So any country that allows dual citizenship doesn't respect their citizenship?
I never said it was unconstitutional.
M3M3M3
I'm sympathetic to those who were born with 2 citizenships, and even those who acquire citizenship in a third country which doesn't require an oath of allegiance. But the idea that Japan should tolerate or make any allowances for someone who became a US citizens by swearing the following oath seems absurd:
Call me old fashioned but I think words matter and they should have consequences.
wallace
I have the way to four passports. Only two of them recognize dual nationality. The other two recognize multiple nationalities.
John
This is an antiquated idea that denies multi-ethnic Japanese of 1/2 their rights.
I don’t really care about a 77 year old granny who decided to become an American citizen. But I do care about the tens of thousands of multiethnic children who have to keep their dual nationality on the down-low lest they get forced to have to choose.
Aly Rustom
exactly.
DanteKH
I guess all whose who down votes the comments regarding dual citizenship do not have kids with mix heritage.
If they would have, they would understand the absurdity and the crime Japanese gob impose to those kids to choose one parent over the other, to be forced to choose one culture, one citizenship over the other's parent.
Most of the modern and civilized countries allow for dual citizenship, so it's not like a specific thing only to Japan.
justasking
Exactly. Typical of Japanese government, lawmakers, judges to keep antiquated status quo with issues they are not affected.
Sadly, this is Japanese culture and way of thinking. It happens in all corners of Japan - schools, companies. The fire on the other side of the river.
ian
Japan doesn't want people who swear allegiance to two or more countries.
Allegiance and loyalty of course are nebulous concepts to many people, convenience and benefit are the overriding considerations
M3M3M3
For those who insist on allowing dual citizenship, would you accept certain restrictions or a second class of citizenship such as in Australia and some other countries where duel citizens are prohibited from sitting in parliament, or holding certain public positions, ie judges, police officers, etc? This seems like a very fair compromise to me.
Burning Bush
I've two passports and my brother three. I myself didn't need to swear allegiance to any country in the process. I wouldn't give them up for a Japanese one, no matter how much I love living in Japan.
browny1
Same old, Same old!
Mentioned this 100 times on this forum, as have others -
Why then did the Japanese govt grant Alberto Fujimori Japanese citizenship, knowing full well he was obviously a Peruvian citizen being that country's president?
They did not require him to give up his Peruvian nationality. They accepted his dual-nationality.
And to add more of a sham to the story, he tried in 2007(?) to run for govt in Japan while he was imprisoned in Chile after trying to go back to Peru to become president again.
How could it have been for a Peruvian/Dual nationality person - an ex-foreign president at that, to even get past start in order to legally qualify to challenge in an election let alone sit in the diet?
Can only be that the high court and or supreme court are either disingenuously in cahoots with the govt to serve political persuasions or they just ignore precedents.
The failure of the govt and courts to adequately address this matter proves they are hypocritical in the least.
Additionally, it's obvious the courts have no finger on the pulse of 21st C society.
jr240483
well this is going to get complicated for those here in the US that hope to become japanese citizens!
of course if i have no other choice but to renounce other citizenships to earn a japanese one, then so be it!
M3M3M3
@browny1
I'm not sure the Fujimori case shows Japan's hypocrisy. According to the Japanese govt, Fujimori was born in Peru (some question this) which gave him Peruvian citizenship by birth, but his parents also registered him with the Japanese consulate which granted him Japanese citizenship.
Today, the Nationality Law stipulates that a young person must choose one nationality by a certain age, but those who fail to do this are not automatically stripped of citizenship if they don't file the paperwork.
To complicate things further, Fujimori was born in 1938 before these laws were on the books. What was the law at the time? Should the new law be retrospectively applied to every dual citizen, or only those under 21, or those born before it was enacted? It's not a clear cut situation.
browny1
M3 - thanks.
Yes - the issue is clouded.
A point of contention at the time was it appears Fujimoris birth may not have been registered at the time and in fact he was retrospectively awarded citizenship which took all of 1 week to pass through the system. This raised more than a few eyebrows.
Another point was as president of Peru - which he was at his time of arrival and in all of his prior dealings with Japan - he could not have held Japanese citizenship in accordance with Peruvian law. He entered this country as a Peruvian.
Japan was obviously aware of that, but chose to obfuscate the real deal and fast track citizenship to appease his right wing supporters in Japan. Also if he had Japanese citizenship he could not be extradited back to Peru to face criminal charges. All of this was a thank you to Fujimori for crushing the Japanese Embassy terrorists.
So - the precedent for dual nationality was set, but no court of the land has the gumption to take it up.
OssanAmerica
Ms Kondo can simply naturalize to gain Japanese citizenship. And use her J-passport only in Japan. Japan can not take a US passport away from you.
Unlike Japan, the U.S. recognizes dual nationality and does not care whether you have another passport from another country. They will not take US nationality away from you.
But I suppose Ms Kondo is taking the legal path which is her livlihood.
Agent_Neo
It just smells of crime.
You only need one nationality, and if one parent is foreign you can choose your nationality. Children with two Japanese parents don't even have a choice.
There's almost no reason for a Chinese or Korean person to acquire Japanese nationality other than to easily obtain American nationality or to commit a crime.
There are only a handful of foreigners who truly want to become Japanese.
Baradzed
Hm… With the accelerated shrinking population and economic collapse around the corner Japan is so picky with nationalities, passports etc.
ushosh123
So what difficulties would the lack of dual citizenship bring her? If it didn't come to light til her application for a Japanese passport at 77 years old.
PJ
"...Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. This is a universal principle of mankind upon which this Constitution is founded..." She should not have been stripped of her nationality. Japan's government is failing to serve her--a native born citizen. Furthermore, "...We recognize that all peoples of the world have the right to live in peace, free from fear and want..." she and other dual nationals are encumbered in their Japanese constitutional right to live in peace and free from fear if she is not allowed to live in Japan, the country of her birth.
john b
to anyone who is against dual nationality, try living half the year in two different countries for a few years. it is very complicated. also try being married to someone from another country and planning for the future. it is very complicated. then imagine the same scenario with children, in a pandemic, and all the other permutations.
people should be able to marry people wherever they are from, spouses should be able to have the same citizenship, no one should have to give up their birth citizenship, ergo dual citizenship is a human right. throw in children, and the argument gets only stronger.
theFu
While I don't have any issue with dual citizenship between friendly countries, it is up to each country to decide if they will or won't allow it. Why stop at 2, why not allow citizenship to 10 or 20 countries? Some people might want to college citizenship around the world.
When you apply for a new citizenship, you'd be pretty dumb to not read over all the rules. Expecting any govt to change the rules for your convenience is foolish.
theFu
s/college/collect/ Sorry for the mistyped word.
Bob
Japans Dual nationality law should be repealed as it is and rewritten and ratified to allow dual nationality like so many other countries.
No doubt there are many Japanese nationals that already have unapproved dual citizenship but because they’re Japanese, the government looks the other way don’t ask don’t tell that’s the policy now and to be honest so be it until the law is changed to allow dual citizenship.
On top of that, not allowing it is definitely not going help stop the population decline. If anything it’s going to increase its decline. Japan needs to get back on track and the only way to do that is for it to start increasing its population.