Batis – YOGHI (Youth Organization that Gives Hope and Inspiration)
West Triangle Homes, Quezon City, Philippines
http:///www.batisyoghi.blogspot.com; htttp://www.facebook/batisyoghi
Email: batis.yoghi@gmail.com; batis,yoghi@yahoo.com
Telefax: 9257843
Contact: Ken Ishikawa (Philippines): 09205826850
Mikas Matsuzawa (Japan): 09099650290

Statement of Japanese-Filipino Children on the Tokyo District Court Ruling:
Rights should not have any expiry dates!
We, the Japanese-Filipino Children (JFC), condemn the ruling of the Tokyo District Court thatdeclared the constitutionality of the Article 12 of the 1950s Japanese Nationality Law. We
express our opposition to a law that justifies, through a legal mandate, the failure of the State toprotect and uphold the identity of interracial children who trace their roots to Japan.
This law stipulates that children of Japanese nationals born outside of Japan will lose their
Japanese nationality if no intentions are shown to obtain it after three months of birth. But weask how the law defines such intention from an infant who is barely starting to learn how tocrawl? How can an infant fulfill this expectation of the law and decide on the crucial matter ofnationality at a stage where a reasonable milestone is learning how to roll over?
The Asahi Shimbun reports that the clause is meant to avoid dual citizenship. We then implore
the court to consider these facts: isn't the increasing mobilization of people across borders aglobal reality today? Is not the occurrence of interracial marriages among the outcomes causedby such movements? With international marriages increasing, the number of interracial children
are also on the rise. The reality is that with laws that have exaggerated emphasis of countries
on the concept of allegiance to a nation, most children of interracial unions end up being
stateless. Such is the case of some of our brethren Brazilian-Japanese children.
By letting the issue of dual nationality/citizenship cloud what was being argued in court, thejudge has allowed prevailing conditions to continue - conditions that discriminate against people
born outside of Japan but who have, by family ties, rightful claim to be Japanese nationals.
The truth is that most JFC are a product of the years of labor-export relations between Japanand the Philippines. With most of our parents' relationships/marriages being short-lived and withthe abandonment of our fathers, we dare say that it is unjust to allow the children to inherit thebrunt of an outdated law. It is unjust and inhumane to assign an expiry on our right to anationality that depends on marriage, knowledge and intention of our parents.
We commend the court for granting the rights of at least one plaintiff out of the 27 JFC who filed
the case. Based on his being an exclusion to the rule, a thick tie to Japan constitutes being able
to stay in the Japanese mainland for a period of time. It is a feat considering the high cost ofliving in Japan and the preliminary hindrances one has to surmount even before one gets a visa.
Unfortunately, not all have the economic means to be able to live in Japan nor even theacknowledgment of paternity through the Kosekitohon to even begin applying for a visa. Sincethe verdict favors a select few, it manifests that the right to preservation of identity is not a rightin Japan but a privilege.
We express our solidarity with our fellow JFC involved in this case in their demand for the rightto nationality. We lend our support to our JFC brothers and sisters who challenged theconstitutionality of the Article 12 of the 1950s Japanese Nationality Law. We support theabolition of Article 12 and we urge Japan to protect the identity of each JFC!
We are in solidarity with other children deprived of their claim to cultural heritage as they arerendered stateless by this law. We join the international community that calls for the recognitionof diversity in Japanese society.
We express our dismay on Judge Makoto Jozuka's statement phrased in the Mainichi Daily
News saying that “granting Japanese nationality to people whose links with Japan are thinwould lead to a standstill in the execution of rights and in the performance of their duties asJapanese nationals” as it apologetically vindicates our abandonment and affirms that we areoutsiders in our fathers' land.
Instead of focusing on the “thin” link that most JFC have with Japan, we challenge the Japanesesociety to take a look at the structures that brought the deprivation of nationality, removing
purely geographic biases.
Japan is a signatory to the United Nations Convention on the Rights of the Child (UNCRC). AndArticle 8 of the convention states that:1. States Parties undertake to respect the right of the child to preserve his or her identity,
including nationality, name and family relations as recognized by law without unlawfulinterference.
2. Where a child is illegally deprived of some or all of the elements of his or her identity,
States Parties shall provide appropriate assistance and protection, with a view to reestablishing speedily his or her identity.
In light of this we appeal to the Japanese society to relive the essence of the constitution thatstates ''All of the people are equal under the law and there shall be no discrimination in political,
economic or social relations because of race, creed, sex, social status or family origin.''
We challenge the Japanese society to stay true to the UNCRC and to relive the essence of theJapanese constitution and to uphold the right of the child to freely choose his/her nationality
without any restriction of unreasonable deadlines. Rights should not have any expiry dates!
− end Batis-YOGHI is an organization for Japanese-Filipino children. It actively involves its members in activities that
promote self-development in order for them to be empowered and ready in overcoming the challenges anddifficulties that they face as they grow older.