Japanese-Filipino kids may soon apply for Japan citizenship

By Germelina Lacorte
Philippine Daily Inquirer
Posted date: August 10, 2008

DAVAO CITY, Philippines--A Japanese lawyer has urged Davao-based Japanese-Filipinos to take advantage of the new law that grants citizenships to children of unmarried Japanese and Filipina couples.
Hironori Kodoh of the Tokyo-based Japanese Filipino Children Lawyers Association, told a roomful of Filipinas in Davao that the June 4 decision of the Japan Supreme Court would reverse the law which only granted nationality to Japanese-Filipino children whose parents were married legally.

"The Japanese Supreme Court has pronounced such ruling as unconstitutional," said Kondoh, who was in Davao last week for a forum with affected Japanese Filipino children and their mothers. "It's not the fault of the children whether or not their parents are married."

"Children and mothers living in Davao can apply before the Japanese embassy once the law takes effect," he said. He also said the application must be done before the child reaches 20 years old. "Japanese-Filipino children from 16 to 19 years old should prepare their documents as soon as possible," he said.

The new ruling is expected to open applications for Japanese citizenship among tens of thousands of Japanese Filipino children.

James Akiyama, 20, was among the Japanese Filipino children here who welcomed Kondoh's news. Until the previous month, Akiyama has been receiving regular financial support from his father in Japan, coursed through his mother's account.

He said he wanted to go to Japan just to "serve" his father, because the only time that they met was when he was still three years old.

"All they [mothers] want is recognition more than anything else," said Sister Celine Cajandig, executive director of the Center for Overseas Workers Davao Inc. (Cowfi). "They're saying that if they can't go there themselves, at least, their children can," she said.

Jean Bingcoy, president of the Samahan ng Kababaihan para sa Karapatan ng mga Japanese Filipino Children (Women's Association for the Rights of Japanese-Filipino Children), said her 11-year old son, has not been recognized under the law, although his father has been sending financial support once in a while.

"The new law can help a lot," she said. "Parents do not need to get married to have the children recognized," she said.

She said that if it were to push through, many children abandoned by their Japanese fathers would be looking for a chance to go to Japan.

"Life is better in Japan compared to here," said Bingcoy.

"They're hoping that through their children, they can get residency and passport," said Cajandig, referring to the women. "They are the ones who would take care of the children, so, they'll be allowed to go there."

At least 40 members of the SKKJ here are raising their children in Davao but the fathers are in Japan. Some of these Japanese fathers have been sending financial support but others were not, Cajandig said.

"We expect the Diet to revise the nationality law in August," said Kondoh.

"But even before the law is revised, the government will start accepting application for nationality before September," he added.

Naoko Kono, executive director of the Maligaya House, a Manila-based NGOs assisting Japanese-Filipino children and their mothers, said their Manila office handled 840 cases of Japanese Filipino children in Manila since 1994. The cases included those children abandoned by their Japanese fathers.

"Most of these children have no official legal recognition and have not been supported financially," said Kono.

"They need food, money and mostly the mothers are already married. In other cases, their Japanese husbands divorced them without their consent. Sometimes, the husbands falsify the signatures of their wives. So, we help the woman file a criminal case and require the husbands to give financial support," Kono added.

Of the 843 cases, 500 are being handled by their Tokyo office.

Maligaya House, which relays the cases to their counterpart in Tokyo, held a brief consultation and case conference among potential beneficiaries here in Davao.

Kondoh said the Japanese media expected the Diet to start session towards the end of August. Although there is some opposition to the law, there is a big chance that it will pass the Diet, according to Kondoh, one of the 60 lawyers helping the Japanese Filipino Children Lawyers Association.

The disparity of the living conditions between Japan and the Philippines pushes more Filipinas to find work in Japan, where they mostly land as entertainers.

According to Kono, they're currently handling 20 to 30 ongoing paternity cases. Of the 843 cases they handled in 10 years, only 20 or 30 per cent were successful.

"Oftentimes, the mother drops the case because she doesn't want to prolong her agonies. She wants to move on with her life and marry someone else," Kono said.