In September 2016, the Japanese media was flooded with a scandal concerning Renhō, the Japanese Politician head of the Democratic Party at that time (Mainichi Daily News 2016). The controversy was regarding her dual citizenship (Taiwan and Japan), which resulted in a huge backlash against her as a political figure, and the questionable depiction of this topic by the media led the public to view dual citizens as criminals. Although this narrative is a false misconception, as a twelve-year-old with dual citizenship, I was not the exception influenced by the news at the time. I received the impression that there was something wrong with me. Satoko Takeda (a researcher from the Osaka University of Economics and Law) argues because of the social understanding, the issue of dual citizenships is only considered a personal responsibility, thus not yet to be developed as a discussion of the state.
Before diving into further arguments, it is important to clarify the context by introducing some notable points in Japanese Nationality Law. Article 14 declares that Japanese citizens with foreign citizenship must choose one citizenship (and give up the other) by the age of 20 if the other citizenship was obtained before age of 18. Article 11 declares that Japanese citizen will lose their Japanese citizenship if they acquire foreign citizenship of their own will. For naturalization, article 5 is showing forfeiting other citizenship as a requirement. All of the articles above confirm the Japanese government’s strict attitude on one person one citizenship policy regardless of how you became a dual citizen. According to data from the Ministry of Justice disclosed to The Japan Times, approximately 890,000 people hold dual nationality based on family registration from 1985 to 2016. This number only includes dual citizens at that point who are likely to obtain both citizenships at birth, so including Japanese (ex)citizens abroad and (ex)foreign citizens, numerous numbers of people are affected by the Japanese Nationality law. In this essay, I argue that the Japanese government should legalize dual citizenship, and explain the reasons with the examples of three minority groups, Mixed Race Japanese, Japanese living abroad, and foreign individuals in Japan.
Despite the strict “one person one citizenship” policy, in practice, many mixed-race Japanese have maintained to hold dual citizenship after the age of 20. This is the case because the Nationality law has no specific penalty for not choosing citizenship, it only has an “effort duty” to do so. Moreover, it is almost impossible to track all the dual citizens and force them to go through these processes. Given the fact the Japanese Nationality Law has weak enforcement towards mixed-race Japanese, that does not imply that mixed-race Japanese are not facing negative consequences. For instance, misconceptions and stigma remain, as shown in the case of Renhō. The anxiety of living in the gray zone of the law is seen in the interview conducted by The Japan Times on mixed-race Japanese, as many of them refuse to disclose their real name. Most significantly, the law disregards the identity of mixed-race Japanese by asking them to favor some parts of their roots over others. Legalizing dual citizenship, destigmatizes mixed-race Japanese with dual citizenship without changing the legal status-quo, and validates their identity.
The second group affected by the Japanese Nationality Law are Japanese living abroad. Takeda explores the struggle of Japanese citizens living across the globe. She found that some of the main reasons for them to acquire other nationalities are the instability of permanent residence, receiving national pensions, and preventing their family from falling apart. In her other article, she brings the cases of ex-Japanese citizens who lost their Japanese citizenship without knowing article 11 of the nationality law, and its related lawsuits that challenge the morality and social justice of the law. She also points out the economic and social benefits for Japan of legalizing dual citizenship as an aging society. More people can take care of their families, and more money comes in from pensions abroad, as seen in the example of recent legalization in Korea.
Lastly, the Japanese Nationality Law also affects foreign individuals in Japan. Legalization of dual citizenship would allow easier access to full citizenship and better inclusion in society specifically for Zainichi Koreans. Zainichi Koreans are forced/non-forced migrants that came to Japan during wartime and their descendants, who often have special permanent residency. Most of them are born and grew up in Japan, but do not have access to full citizenship, such as voting rights. Moreover, allowing dual citizenship would help bring in longer-term immigrants to fill enough labor demands, whom the governments are struggling to attract.
Despite these possible solutions to the many issues raised above, the Japanese government only repeatedly responds that they are going to look for an international trend, and start a national discussion, without making any progress, or starting a proposal. What is exactly holding them back? Takeda defines “pure Japaneseness” through three elements: “pedigree, culture, and citizenship (nationality)”. This concept is often shared with the myth of Japan as an ethnically homogeneous society and the belief that Japan should be homogenous. By altering the Nationality Law, Japanese society would have to redefine what it means to be Japanese. This would mean altering the beliefs that are popular among conservatives today. Other concerns that may occur when discussing the legalization of dual citizenship, is the emergence of rationalized opinions that lead to hate speech, crimes, and extreme xenophobia. Considering that even in the case of Renhō, it led to more hate speeches and discriminatory attitudes towards dual citizens, the corruption of the traditional belief on Japaneseness could potentially trigger something bigger. However, it is a myth, not a truth. It has been clear more than ever before, that Japan is not ethnically homogeneous, and Japan cannot maintain its strict attitude if it wants to keep its current presence and position in a globalized world, where the economy, people, and values constantly interact transnationally. The Japanese government has been promoting the nation as diverse/global and raised its profile through the Tokyo Olympics, and policies such as Cool Japan, however, their strict attitude on dual citizenship contradicts this image of a globalized nation.
To conclude, the Japanese nationality law affects different groups related to Japan: mixed-race Japanese, Japanese living abroad, and foreign individuals in Japan in negative ways due to its strict attitude toward dual citizenship. Although legalization would benefit many, the Japanese government seems unwilling to consider the change any time soon. The legalization of dual citizenship pushes Japan to redefine its definition of Japaneseness. I argue it is a necessary change that the nation must go through in order to maintain its international presence and survive with the declining economy and aging society.
Further reading
Horiuchi, Yusaku, and Nana Oishi. 2021. “Country Risks and Brain Drain: The Emigration Potential of Japanese Skilled Workers.” SSRN Scholarly Paper. Rochester, NY. https://doi.org/10.2139/ssrn.3727679.
Sasaki Teru. 2019. “Fukusu kokuseki younin ni mukete – gnndai nihon ni okeru jyukokusekisha eno basshingu no shakaiteki haikei [Thinking about Accepting Multiple Nationalities:Social Background of Bashing to People with Multiple Nationalities in Contemporary Japan] ” Migration Policy Review 11 (May): 7–18.
Takeda Satoko. 2019. “Fukusu kokuseki no zehi wo meguru kokusaiteki giron ni muketa shiron [A Proposal Towards Nation-Level Discussion on the Question of Multiple Nationality].” Migration Policy Review11 (May): 31–46.
2020. “Kaigai kyojyu nihonjin ga chokumen suru kokusaihou jyuichi jyou ikkou no kabe[Barriers of Nationality Act, Article 11, Paragraph (1) Faced by Japanese Living Overseas].” Journal of Regional Development Studies23 (March): 67–85. https://doi.org/10.34428/00011810.
Wilkinson, Aoife. 2020. “Forfeiting Citizenship, Forfeiting Identity? Multiethnic and Multiracial Japanese Youth in Australia and the Japanese Nationality Law.” New Voices in Japanese Studies 12 (August): 21–43. https://doi.org/10.21159/nvjs.12.02.