10 'Japinos' gain rights to become Japanese
MANILA, Philippines - Ten Filipino-Japanese children born out of wedlock to Filipino mothers and Japanese fathers gained the right to Japanese nationality with a landmark ruling from the Japanese Supreme Court last June 4.
A statement on the Department of Foreign Affairs (DFA) website Thursday night said the children, aged 8 to 14, were recognized by their Japanese fathers.
"I also hope that the Filipino mothers of these children may also be allowed to come to Japan to be with their children in their formative years and assist in their education," said Philippine ambassador to Japan Domingo Siazon Jr., a former DFA secretary.
Siazon welcomed the landmark SC ruling as a positive step towards improving the plight of thousands of Filipino-Japanese children.
He said he hopes the registration process can be done soon and quickly.
Voting 12-3, the Japanese Supreme Court ruled unconstitutional a provision in the Japanese Nationality Law that states that such children can only become citizens of the mother's home country.
It said that under existing Japanese laws, a Japanese father has to step forward to before the birth in order for a child to be deemed Japanese.
"With this ruling, the dream of Masami Tapiru, 10, to become a police officer may finally come true. Born to a Filipino mother and a Japanese father and despite having lived in Japan all her life, Masami is not Japanese because her father only recognized her as his child after her birth," the DFA said.
On the other hand, it noted Masami's sister, Naomi Sato, 6, has Japanese nationality because their father recognized her as his child while she was still in the womb.
"I want to help her dream come true ... We should confront the fact that we are in a new era and society is becoming multicultural," said Rosanna Tapiru, 43, their mother.
The Filipino mothers and their children, aided by Japanese lawyers led by Atty. Hironori Kondo, went through a long, protracted legal battle that saw their fortunes swing from end to end.
After filing suit in 2003, the Tokyo District Court ruled in their favor in a 2005 decision, acknowledging that the clause found in the Nationality Law "obstructs the constitutional right to equality" that put the plaintiffs at "an immense disadvantage."
But the Tokyo High Court overturned the District Court's ruling on grounds that the Nationality Law is justified and does not interfere with the constitutional right to equality.
The High Court stated that the decision to grant nationality is "an inherent right of the State," and that it did not have the authority to confer nationality to the children.
In overturning the High Court's decision, the Supreme Court ruled that the provision in the law resulted in "discrimination without any rational reason" and thus violated Article 14 of the Japanese Constitution, which stipulates equality under the law.
"The disadvantages caused to the children by this biased treatment cannot be disregarded," said the ruling that found unlawful the clause requiring that the parents be married.
Rieko Ito, general secretary of the Citizens' Network for Japanese-Filipino, said such children face an "identity crisis."
Ito said these children can receive welfare benefits as long as they have residential status but will not have the right to vote as adults.
"Without suffrage, we are afraid they will feel alienated and face discrimination in job-hunting activities," Ito said.
The plaintiffs' lawyer said officials of the Ministry of Justice and the Diet are expected to hold a meeting and to begin talks on revising the Nationality Law to grant full citizenship to children with similar backgrounds, estimated to number in the tens of thousands in Japan and in the Philippines. - GMANews.TV
A statement on the Department of Foreign Affairs (DFA) website Thursday night said the children, aged 8 to 14, were recognized by their Japanese fathers.
"I also hope that the Filipino mothers of these children may also be allowed to come to Japan to be with their children in their formative years and assist in their education," said Philippine ambassador to Japan Domingo Siazon Jr., a former DFA secretary.
Siazon welcomed the landmark SC ruling as a positive step towards improving the plight of thousands of Filipino-Japanese children.
He said he hopes the registration process can be done soon and quickly.
Voting 12-3, the Japanese Supreme Court ruled unconstitutional a provision in the Japanese Nationality Law that states that such children can only become citizens of the mother's home country.
It said that under existing Japanese laws, a Japanese father has to step forward to before the birth in order for a child to be deemed Japanese.
"With this ruling, the dream of Masami Tapiru, 10, to become a police officer may finally come true. Born to a Filipino mother and a Japanese father and despite having lived in Japan all her life, Masami is not Japanese because her father only recognized her as his child after her birth," the DFA said.
On the other hand, it noted Masami's sister, Naomi Sato, 6, has Japanese nationality because their father recognized her as his child while she was still in the womb.
"I want to help her dream come true ... We should confront the fact that we are in a new era and society is becoming multicultural," said Rosanna Tapiru, 43, their mother.
The Filipino mothers and their children, aided by Japanese lawyers led by Atty. Hironori Kondo, went through a long, protracted legal battle that saw their fortunes swing from end to end.
After filing suit in 2003, the Tokyo District Court ruled in their favor in a 2005 decision, acknowledging that the clause found in the Nationality Law "obstructs the constitutional right to equality" that put the plaintiffs at "an immense disadvantage."
But the Tokyo High Court overturned the District Court's ruling on grounds that the Nationality Law is justified and does not interfere with the constitutional right to equality.
The High Court stated that the decision to grant nationality is "an inherent right of the State," and that it did not have the authority to confer nationality to the children.
In overturning the High Court's decision, the Supreme Court ruled that the provision in the law resulted in "discrimination without any rational reason" and thus violated Article 14 of the Japanese Constitution, which stipulates equality under the law.
"The disadvantages caused to the children by this biased treatment cannot be disregarded," said the ruling that found unlawful the clause requiring that the parents be married.
Rieko Ito, general secretary of the Citizens' Network for Japanese-Filipino, said such children face an "identity crisis."
Ito said these children can receive welfare benefits as long as they have residential status but will not have the right to vote as adults.
"Without suffrage, we are afraid they will feel alienated and face discrimination in job-hunting activities," Ito said.
The plaintiffs' lawyer said officials of the Ministry of Justice and the Diet are expected to hold a meeting and to begin talks on revising the Nationality Law to grant full citizenship to children with similar backgrounds, estimated to number in the tens of thousands in Japan and in the Philippines. - GMANews.TV
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