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Baby born to Afghani refugees in Japan granted Japanese citizenship

1-year-old is first Afghani baby to be recognized as having Japanese nationality, but quite possibly won’t be the last.

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
Top image: Pakutaso
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