Archive for the 'Child Abductions' Category
These blog entries talk about the lack of joint-custody, enforceable visitations, and access to children after divorce in Japan.
Posted by Dr. ARUDOU, Debito on 1st January 2015
As is tradition for JBC, it’s time to recap the Top Ten human rights news events affecting non-Japanese (NJ) in Japan last year. In ascending order:
10) WARMONGER SHINTARO ISHIHARA LOSES HIS DIET SEAT
This newspaper has talked about Shintaro Ishihara’s unsubtle bigotry (particularly towards Japan’s NJ residents) numerous times (e.g. “If bully Ishihara wants one last stand, bring it on,” JBC, Nov. 6, 2012), while gritting our teeth as he won re-election repeatedly to the National Diet and the Tokyo governorship. However, in a move that can only be put down to hubris, he resigned his gubernatorial bully pulpit in 2012 to shepherd a lunatic-right fringe party into the Diet. But in December he was voted out, drawing the curtain on nearly five decades of political theater…
Read the next nine and five bubble-unders below with links to sources:
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Articles & Publications, Bad Business Practices, Bad Social Science, Child Abductions, Cultural Issue, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, History, Human Rights, Immigration & Assimilation, Injustice, Japanese Government, Japanese police/Foreign crime, Japanese Politics, Labor issues, Lawsuits, Media, Otaru Onsen Lawsuit, Racist Images in Media, SITYS, Sport, United Nations | 8 Comments »
Posted by Dr. ARUDOU, Debito on 10th October 2014
JT: After years of pressure from foreign governments, and enormous efforts by “left-behind” parents to have access to children abducted to and from Japan after marital separation or divorce, the Japanese government became a party to the Hague Convention on the Civil Aspects of International Child Abduction in April.
That is, of course, good news. Now the issue becomes one of enforcement. And to that end, this column has serious doubts that the Japanese government will honor this treaty in good faith.
These doubts are based on precedent. After all, Japan famously ignores human-rights treaties. For example, nearly 20 years after ratifying the U.N. Convention on Racial Discrimination, and nearly 30 since acceding to the U.N. Convention on Discrimination against Women, Japan still has no law against racial discrimination, nor a statute guaranteeing workplace gender equality backed by enforceable criminal penalties.
We have also seen Japan caveat its way out of enforcing the Hague before signing. For example, as noted in previous JT articles (e.g., “Solving parental child abduction problem no piece of cake” by Colin P.A. Jones, Mar. 1, 2011), the debate on custody has been muddied with ungrounded fears that returned children would, for example, face domestic violence (DV) from the foreign parent. DV in Japan is being redefined to include nontactile acts such as “yelling,” “angry looks” and “silent stares” (particularly from men).
It is within this context that the Ministry of Foreign Affairs (MOFA) recently issued a pamphlet titled “What is the Hague Convention?” Available in Japanese (www.mofa.go.jp/mofaj/files/000033409.pdf) and English (www.mofa.go.jp/files/000034153.pdf), it offers a 12-page manga in which a Japanese father carefully explains the Hague Convention to his Japanese-French son. The pamphlet has sparked considerable controversy…
Posted in "Pinprick Protests", Articles & Publications, Bad Social Science, Child Abductions, Gaiatsu, Ironies & Hypocrisies, Japanese Government, Media, NJ voices ignored, discounted & discredited, Problematic Foreign Treatment | 19 Comments »
Posted by Dr. ARUDOU, Debito on 16th September 2014
SCMP: But manga-style images of foreign fathers beating children and Japanese women portrayed as innocent victims have raised the hackles of campaigners, both those fighting discrimination against foreigners and non-Japanese who have been unable to see children who have been abducted by Japanese former spouses.
“It’s the same problem with any negotiations in which Japan looks like it has been beaten,” said Debito Arudou, a naturalised Japanese citizen who was born in the United States and has become a leading human rights activist. “After being forced to give up a degree of power by signing the Hague treaty, they have to show that they have not lost face and they try to turn the narrative around,” he said. “It’s the same as in the debate over whaling.
“The Japanese always see themselves as the victims, and in this case, the narrative is that Japanese women are being abused and that the big, bad world is constantly trying to take advantage of them.” Arudou is particularly incensed by the cover of the publication, which shows a blond-haired foreigner hitting a little girl, a foreign father taking a child from a sobbing Japanese mother and another Japanese female apparently ostracised by big-nosed foreign women. “It is promoting the image that the outside world is against Japanese and the only place they will get a fair deal is in Japan,” said Arudou.
UPDATE: THIS SCMP ARTICLE PRODUCED AN ARTICLE IN HUFFINGTON POST JAPAN:
Posted in "Pinprick Protests", Articles & Publications, Bad Social Science, Child Abductions, Cultural Issue, Gaiatsu, Good News, Human Rights, Japanese Government, Media, Racist Images in Media, 日本語 | 7 Comments »
Posted by Dr. ARUDOU, Debito on 14th September 2014
Japan, after years of pressure from overseas, is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, where children of international marriages are to be protected against psychologically-damaging abductions and severed contact with one parent after marriage dissolution and divorce. Debito.org has covered this issue extensively in the past. What matters now is how Japan intends to enforce the treaty. Debito.org has argued that we are not hopeful about Japan following the spirit of the agreement in good faith. It has been reinterpreting sections with caveats to give the Japanese side undue advantages in negotiations, indirectly portraying the Non Japanese (NJ) party as the suspicious interloper, redefining important issues such as domestic violence (DV) to include heated arguments and “silent stares” etc., refusing to see abductions by the Japanese parent as much more than a natural repatriation, and not being self-aware that in Japan, child abduction and severed contact with one parent is quite normal (due in part to the vagaries of the Family Registration System (koseki)), but not necessarily in the best interests of the child. Japan has been, in short, a haven for international child abductions, and how the GOJ will interpret the Hague to its people is crucial for change in public mindsets and enforcement.
To that end, Debito.org is fortunate to have received a copy from a concerned reader of a 2014 Ministry of Foreign Affairs (Gaimushou) pamphlet explaining the Hague to the Japanese public. Scanned below in full, within its discourse are troubling assumptions and presumptions that bear scrutiny and exposure, as they remain along the lines of the concerns expressed above. If this is Japan’s official mindset towards international child abductions, then Debito.org remains pessimistic, if not cynical, about Japan’s intentions to enforce the Hague in good faith.
Posted in Bad Social Science, Child Abductions, Human Rights, Ironies & Hypocrisies, Japanese Government, Media, NJ voices ignored, discounted & discredited, Problematic Foreign Treatment, 日本語 | 38 Comments »
Posted by Dr. ARUDOU, Debito on 6th January 2014
Happy New Year to all Debito.org Readers. Thank you as always for reading and commenting. 2014 has a few things looming that will affect life for everyone (not just NJ) in Japan, as I allude to in my Japan Times JUST BE CAUSE column of January 7, 2014:
“The empire strikes back: The top issues for NJ in 2013″
By ARUDOU, Debito, Column 71 for the Japan Times Community Pages
Welcome to JBC’s annual countdown of 2013’s top human rights events as they affected non-Japanese (NJ) in Japan. This year was more complex, as issues that once targeted NJ in specific now affect everyone in general. But here are six major events and five “bubble-unders” for your consideration:
6. Fukushima is complicated by xenophobia
5. Japan to adopt Hague treaty
4. Visa regimes get a rethink
3. Hate speech turns murderous
2. LDP holds both Diet chambers
1. The state secrets law
11. Marutei Tsurunen, Japan’s first foreign-born Diet member of European descent, loses his seat.
10. Donald Richie, one of the last of the first postwar generation of NJ commentators on Japan, dies aged 88.
9. Beate Sirota Gordon, one of the last living architects of the liberalizing reforms within the postwar Japanese Constitution, dies at 89.
8. Osaka Mayor Toru Hashimoto takes a revisionist stance on Japanese history regarding the wartime sex-slave issue and reveals his camp’s political vulnerability.
7. Tokyo wins the 2020 Olympics, strengthening the mandate of Japan’s ruling class and vested construction interests
Posted in Anti-discrimination templates/meetings, Articles & Publications, Bad Social Science, Child Abductions, Cultural Issue, Education, Exclusionism, Gaiatsu, Hate Speech and Xenophobia, History, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Labor issues, Media, NJ voices ignored, discounted & discredited, SITYS, Sport, Unsustainable Japanese Society | 21 Comments »
Posted by Dr. ARUDOU, Debito on 24th May 2013
After years of pressure on the GOJ to act like its fellow advanced societies in terms of divorce and child custody, Japan earlier this week signed the Hague Convention on Child Abductions. Good. Now, I don’t want to dismiss this development out of hand, because Japan doing this is a step in the right direction (after all, if even after this I had nothing good to say, then what would EVER count as good news on Debito.org?) But as I have argued before, I think it’s been signed because enough time has passed for caveats to be put in place — so that the home team will rarely lose a custody case in Japan (furthermore, part of the argument for signing has been that Japanese would have a stronger footing overseas to pursue custody cases in Hague signatory countries — again, benefiting the home team in either case). After all, the normalized portrayal in Japanese media of NJ as violent spouses, and Japanese as victims (particularly wives, even though they are the great minority in international marriages) has expanded Japan’s definition of “Domestic Violence” to even simple heated arguments. Fight with your J-wife anytime and lose your kids. The deck is stacked.
Let me quote one submitter: “From May 13’s Japan Times. A series of articles hammering home what will evidently be Japan’s final word on the subject, that Japanese fleeing countries abroad are doing so to protect their kids and themselves from angry, violent, abusive foreign husbands. Cue standardized quotes from proclaimed “expert on the issue” Kensuke Onuki as well as lawyer Mikiko “I was for the convention but now I see it conflicts with Japanese culture” Otani and a slew of heart-wrenching stories of Japanese wives fleeing abusive marriages (one claiming that had Japan been party to the Hague Convention at the time of her escape she would have chosen killing her child and herself than risk a return to her husband. Whether these individual stories have merit of not, it’s pure one-sided sensationalism. Where are the Murray Wood stories of wife abuse and neglect?”
And to quote another anonymous legally-trained friend: “How to address DV is an issue in all Hague countries. In addition to allegations of DV, the Japanese legislation will also allow a judge to consider whether it would be difficult for EITHER the taking parent OR the parent requesting return to raise the child in the country of origin. This sounds awfully close to a full-blown custody determination, which is sort of what courts are NOT supposed to do in Hague cases.”
As for future prospects, I shall defer to the better-informed judgment of a specialist international lawyer in this field, who wrote the following shortly before the Hague was signed:
Jeremy D. Morley: “The Japanese public is being told that even if Japan signs the Convention, “The return of a child can be denied if the parent seeking it is believed to abuse the child or have difficulties raising him or her.” Daily Yomiuri, Mar. 16, 2013. If that is the gloss that Japan intends to put on the Hague Convention – even though the Convention is expressly designed to secure the expeditious return of all abducted children except in extremely unusual cases – there is little or no point in Japan’s purported ratification of the treaty. The result of Japan’s ratification of the Convention will likely be to create the appearance of Japan’s compliance with international norms but without any of the substance.”
CONCLUSION: Same as other treaties that Japan has signed but doesn’t enforce, I think the Hague will wind up as a historical footnote as another treaty Japan chooses to ignore. When we see the highly unlikely prospect of children of international marriages abducted to Japan sent back overseas by a Japanese court (in contrast to other judiciaries that DO repatriate children, see for example here and here) then I’ll think progress has been made. But it’s pretty inconceivable to me, since child abduction happens between Japanese couples too thanks to Japan’s insane marriage system, and it’s hard to imagine foreigners suddenly being granted more rights in Japanese marriages than fellow Japanese.
Posted in Bad Social Science, Child Abductions, Gaiatsu, Good News, Hate Speech and Xenophobia, Human Rights, Ironies & Hypocrisies, Japanese Government, Media | 8 Comments »
Posted by Dr. ARUDOU, Debito on 14th May 2013
New information about three new books of mine that are now out in downloadable eBook form:
1) Debito’s eBook “GUIDEBOOK FOR RELOCATION AND ASSIMILATION INTO JAPAN” now available on Amazon and NOOK for download. USD $19.99
Following December’s publication of the revised 2nd Edition of long-selling HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS comes a companion eBook for those who want to save paper (and money). A handy reference book for securing stable jobs, visas, and lifestyles in Japan, GUIDEBOOK has been fully revised and is on sale for $19.99 USD (or your currency equivalent, pegged to the USD on Amazons worldwide). See contents, reviews, and links to online purchasing outlets at http://www.debito.org/handbook.html
2) Debito’s eBook “JAPANESE ONLY: THE OTARU ONSENS CASE AND RACIAL DISCRIMINATION IN JAPAN” now available in a 10TH ANNIVERSARY EDITION on Amazon and NOOK for download. USD $9.99
It has been more than ten years since bathhouses in Otaru, Hokkaido, put up “NO FOREIGNERS” signs at their front doors, and a full decade since the critically-acclaimed book about the landmark anti-discrimination lawsuit came out. Now with a new Introduction and Postscript updating what has and hasn’t changed in the interim, JAPANESE ONLY remains the definitive work about how discrimination by race remains a part of the Japanese social landscape. See contents, reviews, and links to online purchasing outlets at http://www.debito.org/japaneseonly.html
3) Debito’s eBook “IN APPROPRIATE: A NOVEL OF CULTURE, KIDNAPPING, AND REVENGE IN MODERN JAPAN” now available on Amazon and NOOK for download. USD $9.99
My first nonfiction novel that came out two years ago, IN APPROPRIATE is the story of a person who emigrates to Japan, finds his niche during the closing days of the Bubble Years, and realizes that he has married into a locally-prominent family whose interests conflict with his. The story is an amalgam of several true stories of divorce and child abduction in Japan, and has received great praise from Left-Behind Parents for its sincerity and authenticity. See contents, reviews, and links to online purchasing outlets at http://www.debito.org/inappropriate.html
Posted in Anti-discrimination templates/meetings, Articles & Publications, Child Abductions, Education, Good News, Handbook for Newcomers, Human Rights, Immigration & Assimilation, Labor issues, Media, NJ legacies, Otaru Onsen Lawsuit, Pension System, Practical advice | No Comments »
Posted by Dr. ARUDOU, Debito on 12th April 2013
Following up on my last blog post about JAPANESE ONLY: Otaru Onsens Case coming out as a special edition eBook, I am pleased to announce that my nonfiction novel, “IN APPROPRIATE: A Novel of Culture, Kidnapping, and Revenge in Modern Japan”, is now downloadable from Amazons worldwide and Barnes & Noble as a Kindle or NOOK eBook. Price: $9.99.
My first published foray into fiction, IN APPROPRIATE is a thriller about child abductions in Japan after divorce — where one parent loses all custody and access in Japan regardless of nationality. It is an amalgam of several actual cases of child abduction framed on a fictional character, Gary, an American who falls for a Japanese girl in college, then follows her back to Japan during its Bubble Era aftermath. Not only does IN APPROPRIATE chart the progress of Gary’s assimilation into Japanese society, it also marks the slow but steady decline of fortunes for everyone in Japan as the economy sours and opportunities shrink. Gary also realizes that he has married into an elite Japanese family whose priorities regarding his children’s future do not match his, and he eventually realizes that he will have to do something drastic to save them. Praise from readers of IN APPROPRIATE has been very positive…
Posted in Articles & Publications, Child Abductions, Media, Unsustainable Japanese Society | 5 Comments »
Posted by Dr. ARUDOU, Debito on 2nd January 2013
Debito’s Top Ten human rights issues in Japan for NJ residents in 2012:
10. DONALD KEENE’S NATURALIZATION
9. OSAKA CITY DEFUNDS LIBERTY OSAKA
8. COURTS RULE THAT MIXED-BLOOD CHILDREN MAY NOT BE “JAPANESE”
7. DIET DOES NOT PASS HAGUE CONVENTION
6. GOVERNMENT CONVENES MEETINGS ON IMMIGRATION
5. MAINALI CASE VICTORY, SURAJ CASE DEFEAT
4. JAPAN’S VISA REGIMES CLOSE THEIR LOOP
3. NEW NJ REGISTRY SYSTEM
2. POST-FUKUSHIMA JAPAN IS IRREDEEMABLY BROKEN
1. JAPAN’S RIGHTWARD SWING
Links to sources included
Posted in Articles & Publications, Bad Social Science, Child Abductions, Cultural Issue, Education, Exclusionism, Fingerprinting, Targeting, Tracking NJ, Gaiatsu, Hate Speech and Xenophobia, History, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Labor issues, Lawsuits, Media, NJ legacies, NJ voices ignored, discounted & discredited, Unsustainable Japanese Society | 12 Comments »
Posted by Dr. ARUDOU, Debito on 2nd October 2012
From The Shadows, a documentary film about Parental Child abduction in Japan, will premiere at the Philadelphia Film Festival on October 23rd and October 27th. This film follows the lives of 5 “Left Behind Parents” trying desperately to reconnect with their children after having their child-parent relationship cut by the other parent. Through their individual stories we examine why this situation is so common in Japan and hear opinions from an array of experts on the situation. The film has had work-in-progress screenings on Capitol Hill (Nov. 2011) and in Tokyo (Apr. 2012) that was attended by the foreign ministry and several embassy reps.
The screening venues and times for the Philadelphia Film Festival are:
1. Tuesday October 23rd, 5:00 pm – Prince Music Theater – 1412 Chestnut Street Philadelphia, PA 19102
2. Saturday October 27th 7:35 pm – Ritz East – 125 South Second Street Philadelphia, PA 19106
First go to this link: http://filmadelphia.festivalgenius.com/2012/films/fromtheshadows0_mattantell_filmadelphia2012
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Child Abductions, Gaiatsu, Good News, Human Rights, Injustice, Japanese Government, Media, NJ voices ignored, discounted & discredited, Unsustainable Japanese Society | 5 Comments »
Posted by Dr. ARUDOU, Debito on 11th September 2012
After much political gridlock (the likes of which have not been seen, since, oh, the LDP was in power and the DPJ controlled the Upper House — not that long ago), the current Diet session is over, and one bill that matters to Debito.org did not pass: The one endorsing Japan’s accession to the Hague Convention on International Child Abductions. You know — the treaty that just about everyone else in the club of rich developed nations has signed, and the one that stops you at an international border if you’re traveling single with a child, demanding proof that you’re not abducting your child from the other parent. It’s a good idea, since divorce in Japan due to the Koseki Family Registry System results in one parent (regardless of nationality) losing all legal ties to the child, and leads in many (almost all, it’s estimated) cases to the child growing up with no contact whatsoever (since Japan does not allow joint custody) with the noncustodial parent. It’s even worse for international marriages, and Japan has gotten a lot of pressure from other countries in recent years to sign. Now unsuccessfully.
Well, so Japan will remain a haven for child abductions, both domestic and international. But the interesting thing I’m seeing concrete evidence of these days is overseas Japanese taking advantage of this system, banding together to assist each other in abducting their children to Japan, and the Japanese embassies/consulates cooperating with them as they spirit them into Japan. (I’ll blog about that someday once I receive permission to make that information public.)
But as I have argued before, I’m not sure it really matters if Japan signs the Hague. The GOJ has signed other treaties before (most notably the Convention for Elimination on Racial Discrimination), and refuses to enforce them under domestic laws with criminal penalties (or in Japan’s case regarding the CERD, now signed 17 years ago, refuses to create any laws at all). In the Hague’s case, the GOJ was looking for ways to caveat themselves out of enforcing it (by creating laws of their own advantageous to Wajin spiriters of children that would trump the HCICA, or finding loopholes, such as claims of DV (that only NJ inflict upon us gentle, mild, weak, peaceful Wajin), that would allow the children to stay in Japan out of fear.) Or, true to character, we’ll have people claiming that it’s a matter of “Japanese custom” (shuukan), the last resort for any unjustifiable situation (only this time coming from elected Japanese Dietmember Ido Masae who herself abducted her kids). It’s pretty messy, by design, so visit the Children’s Rights Network Japan Website to try and untangle it.
So I guess the question I’d like to open up for discussion is: Is it better for a nation-state to be bold-faced about it and just say, “We can’t enforce this treaty due to our culture, so we’re not going to sign it, and if you don’t like it, don’t marry our citizens”? Or, is it better for a nation-state to sign it, not enforce it, and face the (geopolitically mild) pressure of a broken promise? I know which route the GOJ has taken so far.
Posted in Child Abductions, Cultural Issue, Discussions, Ironies & Hypocrisies, Japanese Government, Japanese Politics | 21 Comments »
Posted by Dr. ARUDOU, Debito on 10th May 2012
Some news on the Japan Child Abductions Issue, where Japan has long set itself up as a safe haven for one parent to abscond with their child following separation or divorce (regardless of whether the marriage was international or domestic), what with no joint custody and no guaranteed child visitation in Japan. Thanks to the Koseki Family Registry system, the divorced couple becomes strangers to each other, and children go on only one parent’s koseki (with the other parent losing all legal title and access to their kids unless the custodial parent approves). In cases of international/intercontinental separation or divorce, the Japanese partner can abduct their child to Japan (since Japan is not a signatory to the Hague Convention on Child Abductions, and the Japanese embassy does not enforceably require the permission of both parents to issue a Japanese child a Japanese passport), and that’s it — the kids are gone. Japanese courts have always ruled that the absconder has established “habitual residence” in Japan by dint, so who dares wins. Meanwhile, despite international protests about the GOJ not being a signatory to the Hague, Japan has been dragging its feet for years now on signing (and as I have argued in the past, will probably caveat its way out of enforcing it anyway, as it has done with other treaties (like the CERD and the ICCPR)).
Finally, enough has become enough for sensible people. According to articles below, US Assistant Secretary of State Kurt Campbell has once again come out in public making a link between the irony of all the tragedymaking regarding Japanese being kidnapped decades ago by the DPRK (which is indeed a tragedy, yes), yet the lack of tragedy over Japanese still kidnapping international kids. Good. We’ve made that comparison before here on Debito.org, and were roundly condemned by the usual suspects for doing so. (And, as a related tangent, I’ve probably criticized the most by people misquoting me as advocating that foreigners shouldn’t marry Japanese. No, for the record, I’m saying NOBODY, Japanese or NJ, should get married and have children under the insane family law system in Japan; the risks are too great if parents separate).
As per articles below, the Japanese press is of course rallying the public behind the home team via editorial camouflaged as news (it’s hard to discern even what Campbell actually said). It’s even trying to instruct the Japanese public how English is different than Japanese. You see, if a North Korean kidnaps a Japanese, its “abduction” (rachi). But if a Japanese kidnaps an international child, its “tsuresari” (taking along and disappearing). But you see, the English language is inflexible — it only has one word for this action: “abduction”. So it’s all one big “linguistic misunderstanding”. Even though, in either case, abduction is what it is.
And if you really want to take this issue to the next level of linkage, consider this comment from a friend:
“As noted in Wikipedia, “In 1944, the Japanese authorities extended the mobilization of Japanese civilians for labor to the Korean peninsula. Of the 5,400,000 Koreans conscripted, about 670,000 were taken to mainland Japan . . .” And the Japanese have the audacity to complain about 20 or so Japanese abducted to North Korea? The Japanese government should apologize and compensate the 5 million Koreans conscripted 70 years ago before uttering a single word about the actions of North Korea 35 years ago.”
So underlying all of this is an issue of hypocrisy, and now the GOJ is probably going to have to resort to its only real defense when cornered on an issue: agonistic posturing and outrage — trying to derail the issue in favor of maintaining “The Relationship”. People have fallen for this before (after all, the US wants to keep its military bases and its market to sell inter alia weaponry). But I’m not sure this issue is really big enough (I think Masumoto has an inflated sense of his own power) to do that. Let’s keep our eyes on this one, since it’s a good case study of gaiatsu and GOJ policy in the making.
Posted in Child Abductions, Cultural Issue, Gaiatsu, Good News, Ironies & Hypocrisies, Japanese Government, Media, 日本語 | 14 Comments »
Posted by Dr. ARUDOU, Debito on 12th March 2012
AFP: Japan’s government on Friday approved a bill to join a pact on settling cross-border child custody rows, opening the way for its adoption after years of foreign pressure.
Asahi: In an outline of procedures for the Hague Convention on international child-custody disputes, a government panel has proposed allowing court officials to forcibly remove a child from a Japanese parent to return him or her to the country of habitual residence… The subcommittee proposed that factors, such as the risk that the child will face violence back in the country of habitual residence and a situation in which it is difficult for the parents to take custody of the child, be considered.
Specific cases cited include: the parent demanding custody of the child commits acts of violence against the other parent in front of the child; the parent in a foreign country is addicted to drugs or alcohol; and the Japanese parent who returns with the child may be arrested.
COMMENT: Love the invective that one sees time and again in the Japanese media and GOJ debates, where we have the appearance of victimized Japanese females being harassed by NJ males (including even the threat of domestic violence), when in fact child abduction and parental alienation happens between Japanese too, given that there is no joint custody or guaranteed visitation rights in Japan. Check out this article below from the Asahi last January. Bonus: The newspaper’s pictorially racist portrayal of the non-Distaff Side of the international couple. And that’s before you even get to the unlikely prospect of Japan actually ever enforcing the Hague (see here also), just like it never enforces the UN Convention on Racial Discrimination. The discourse will continue as such.
Posted in Bad Social Science, Child Abductions, Gaiatsu, Japanese Government, Media, Problematic Foreign Treatment | 22 Comments »
Posted by Dr. ARUDOU, Debito on 4th January 2012
Here’s my fourth annual round-up of the top 10 human rights events that affected Japan’s NJ residents last year. Concluding paragraphs:
Generations under Japan’s control-freak “nanny state” have accustomed people to being told what to do. Yet now the public has been deserted, with neither reliable instructions nor the organization to demand them.
Nothing, short of a major revolution in critical thinking and public action (this time — for the first time — from the bottom up), will change Japan’s destructive system of administration by unaccountable elites.
2011 was the year the world realized Japan has peaked. Its aging and increasingly-conservative public is trapped in a downward spiral of economic stagnation and inept governance. It is further burdened by an ingrained mistrust of the outsider (JBC Oct. 7, 2008) as well as by blind faith in a mythology of uniqueness, powerlessness as a virtue, and perpetual victimhood.
Japan has lost its attractiveness as a place for newcomers to live and settle, since they may be outright blamed for Japan’s troubles if not ostracized for daring to fix them. Now, thanks to the continuous slow-burn disaster of Fukushima, anyone (who bothers to listen anymore) can now hear the doors of Japan’s historically-cyclical insularity slowly creaking shut.
Posted in Articles & Publications, Bad Business Practices, Child Abductions, Cultural Issue, Exclusionism, Hate Speech and Xenophobia, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Japanese police/Foreign crime, Japanese Politics, Lawsuits, Media, NJ legacies, Unsustainable Japanese Society | 14 Comments »
Posted by Dr. ARUDOU, Debito on 27th November 2011
Related to Japan’s future signing of the Hague Convention on Child Abductions, here we have an official report about a public forum held on November 22, 2011 at the Ministry of Foreign Affairs (something I attended before and incidentally considered a very flawed and biased format). Present were academics, lawyers, the Ministries of Justice, Health and Welfare, Education, Internal Affairs, plus the Cabinet and the National Police Agency.
In the course of discussions about setting up a central agency to handle the enforcement of the Hague, 168 public comments were collected since the end of September and were brought up at this meeting. That report follows in full below, courtesy of TS. A few things I found noteworthy within it:
1) The term LBP (Left-Behind Parent) is now part of the Japanese lexicon.
2) In discussions about the right of both parents to have information about (if not access to) their children, the same old saws about DV (domestic violence, however unclearly defined, and in Japan that matters) came up, and the GOJ is as usual being called in to do something about it (apparently more than just mediate, which the GOJ gets all control-freaky and nanny-state about) — seesawing between the LBP’s right to know about their children and the custodian’s right to be safe from the violent boogeyman ex-spouse. This seesawing was also visible in an even more vague discussion about the GOJ holding onto passports of potential abductors and abductees, except under exceptional circumstances that were mentioned but left undeveloped.
3) The GOJ, regarding contact between LBP and child, plans to “support the respect of visitation rights”, but it also leaves measures vague and expresses caution about doing much of anything, really.
All told, this level of discussion was pretty low. I found little concrete here to sink one’s teeth into regarding advising toward future policies guaranteeing the lynchpins to this discussion: joint custody and guaranteed visitation that goes beyond an hour a two a month. Not to mention return of internationally abducted children to their habitual residence as per the Hague. Others are welcome to read the text below and squeeze out whatever interpretations I may have missed. But given how much duplicity has taken place regarding the rights of LBPs in Japan up until now, I sadly remain unhopeful.
Posted in Child Abductions, Japanese Government, 日本語 | 7 Comments »
Posted by Dr. ARUDOU, Debito on 23rd November 2011
As was reported on Debito.org last October 28 regarding the issue of Japan as safe haven for international child abductions, the US courts looked like they actually might start enforcing their arrest warrants against Japanese child abductors. In this case, against a Japanese woman named Inoue Emiko who reportedly whisked the kid off to Japan despite a US court awarding the father, Moises Garcia, custody. Then Inoue used the time-honored tactic of abducting the kid anyway and getting a Japanese court to award her the kid instead regardless (with a gracious 30-day per year visitation allowed; thanks a heap). Then she presumptuously decided to have her cake and eat it too, coming back to Hawaii last April to renew her Green Card, whereupon the authorities honored the arrest warrant against her and sent her to stand trial in Wisconsin (leaving the kid in limbo with the grandparents in Japan).
Back in October I said that enough is enough, and that the American judiciary should throw the book at her. Well, guess what — they did, and it looks as though the mother will return the child to the custodial father. Bravo! Read on. Let that be a lesson to you, child abductors, and let that be an incentive for Japan to sign the Hague Convention.
Journal Sentinel: [Abducted child] Karina Garcia’s mother agreed in court Monday to have the girl home in Fox Point by Christmas. If she makes it, the 9-year-old would be the first of what advocates say are more than 300 children around the U.S. abducted to Japan in violation of American court orders to be returned through legal intervention. She also could become a poster child for how to solve a growing problem as international marriages increase in the global economy.
The girl’s father, Moises Garcia, was pleased but cautious in talking to reporters after the hearing, where his ex-wife, Emiko Inoue, pleaded no contest to the felony charge of interfering with child custody by other parent. She was found guilty, but a plea agreement could leave her with only a misdemeanor conviction if Karina returns and Inoue completes other conditions.
UPDATE DEC 25 2011: Convicted felon Inoue Emiko returns the child to the father and gets released from the clink. Bravo. And of course, the Japanese media still refuses to use her name in the domestic press. Or even call what she did a crime. Check out the wording below: “arrested on suspicion of taking her 9-year-old daughter to Japan in violation of the father’s parental rights, the father’s lawyer said”. Those pesky lawyers and their allegations; never mind the conviction and sentencing by a judge. She abducts the kid, tries to game the USG by coming back to renew her Green Card, and after all that still has visitation rights in America. All right for some, isn’t it? Try getting this fair a deal in Japan. But again, fairness is not a highly-prized cultural conceit for Team Japanners. Especially when you consider the bias in reporting. The Japanese article claims the daughter “wanted to live in Japan”, but once told of the situation, “went to America to save her mother” according to the very different headline. What a trooper! Especially after being put in this position by her irresponsible mother in the first place!
Posted in Child Abductions, Good News, Lawsuits, Media, 日本語 | 50 Comments »
Posted by Dr. ARUDOU, Debito on 28th October 2011
Here’s some good news for Left-Behind Parents. The Americans are (unusually, according to the Mainichi and Yomiuri below) enforcing their arrest warrants against Japanese child abductors. In this case, against a Japanese woman who reportedly absconded with the kid off to Japan and, despite a US court awarding the father custody, then used the time-honored tactic of abducting the kid anyway and getting a Japanese court to award her the kid instead regardless (with a gracious 30-day per year visitation allowed; thanks a heap). Then she carelessly decided to have her cake and eat it too, by coming back to the US to renew her Green Card, whereupon the authorities honored the arrest warrant against her, leaving the kid in limbo with the grandparents in Japan.
Not an unusual story (especially since the Japanese media once again refuses to use the word “abduction” in conjunction with any of this — just “taking without permission”; sounds much better), except that the Americans are now finally taking action regarding child abductions to Japan, honoring court decisions despite Japan’s vehemently guarding its safe-haven status for international child abduction.
Let’s see how the Japanese media further spins this; I doubt it’ll run against Team-Japanism. But already the editorial slant in the articles below is that signing the Hague Treaty will (somehow) prevent this, in defiance of all the Japanese safe-haveners that want to either not sign it, or caveat it with DV provisions into meaninglessness. Anyway, throw the book at her. This sort of thing has gone on long enough.
Posted in Child Abductions, Gaiatsu, Good News, Human Rights, 日本語 | 11 Comments »
Posted by Dr. ARUDOU, Debito on 1st October 2011
MOFA: From Friday, September 30, to Monday, October 31, the Ministry of Foreign Affairs will invite public comments on the modality of the Central Authority for the implementation of the Convention on the Civil Aspects of International Child Abduction (The Hague Convention).
The details will be made available on the electronic government (e-GOV) web portal for public comments (http://search.e-gov.go.jp/servlet/Public).
Based on the Cabinet Approval of Friday, May 20, to move forward with the preparations toward the conclusion of the Hague Convention, the Government of Japan has been taking necessary steps for the aforementioned preparations as well as the drafting of the necessary domestic legislation (The Ministry of Justice is responsible for compiling the whole bill and drafting the aspects related to the procedures for return of children , while the Ministry of Foreign Affairs is responsible for drafting the aspects related to the functions of the Central Authority).
The proposal put up for public comments by the Ministry of Foreign Affairs includes issues for further consideration, based on the points approved by the Meeting of Relevant Ministers regarding the Hague Convention as well as the discussions held so far at the meetings of the Round Table on the Modality of the Central Authority for the Implementation of the Hague Convention to date.
Posted in Child Abductions, Japanese Government, 日本語 | 5 Comments »
Posted by Dr. ARUDOU, Debito on 1st October 2011
CRN: Now offering assistance to those with cases of Parental Abduction. Over 50 years combined experience.
PASS provides testimony in order to educate the courts, and put “safe-guards” into place to protect children from being wrongfully removed from the USA. Effective testimony can assist parents in their court cases by educating attorneys and judges about the risks of parental abduction and the dangers associated with it. PASS assists you in making sure that high risk cases are carefully examined by the courts. When needed PASS assists the courts in implementation of supervised visitation and port closure to protect at risk youth.
Testimony includes –
★ Training courts on the factors that indicate an individual is likely to commit an international child abduction
★ Assisting Judges in assessing the degrees of the risk of international child abduction
★ Presenting arguments regarding the sufficiency proposed custody order in preventing a potential international child abduction
★ Supplying Data on the likelihood that a foreign country will return an abducted child, and / or allow continued visitation
Posted in Anti-discrimination templates/meetings, Child Abductions, Good News, Practical advice | 1 Comment »
Posted by Dr. ARUDOU, Debito on 25th September 2011
McPike: Based on research done by both Law Professors in Japan and by Left-Behind Parents, we know that these cases [of abducted children in Japan with American citizenship] number into the thousands.
In the english translation (Translation by Matthew J. McCauley of University of Washington’s Law School) of a paper written by Professor Tanase in 2009 (who has also been used as a consultant by DoS) he states, using statistics provided by various Japanese sources, that:
“ Over 251,000 married couples separated in 2008, and if this number is divided by the 726,000 marriages in the same year, roughly one out of every 2.9 marriages will end in divorce. Out of all divorcing couples, 144,000 have children, equaling about 245,000 children in all. Seeing as roughly 1.09 million children were born this year, about one out of every 4.5 children will experience divorce before reaching adulthood. Even with the increase in visitation awards, only about 2.6% of the 245,000 children affected by divorce [in Japan] will be allowed visitation. “
To simplify it: Out of 245,000 children who’s parent’s are divorced in Japan ONLYabout 6300 children will be allowed to maintain some level of contact with their “non-custodial parent” (We’ll get back to how custody is determined). The remaining 238,700 children have one parent ceremoniously cut completely and suddenly from their life – often being punished, either emotionally or physically, by the “custodial parent” if they ask to continue to see the removed parent.
In addition, based on statistics provided by the Japanese Ministry of Health, Labor, and Welfare (and gathered by Left-Behind Parent: John Gomez):
From 1992 to 2009, there have been 7,449 divorces between an American and a Japanese in Japan.
Of those Americans, 6,208 were men, and 1,241 were women.
According to the statistics, there is, on average, one child per divorce in Japan
So when you take 7,449 divorces (each with an average of 1 child based on the above statistics) and use Professor Tanase’s 2.6% estimate (which should be expected to be higher than would actually apply to foreign parents), that leaves you with approximately 7,255 children of US citizens (just counting data up to 2009) that are being denied access to their US parent….
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Bad Social Science, Child Abductions, Gaiatsu, Human Rights | 7 Comments »
Posted by Dr. ARUDOU, Debito on 24th September 2011
BAChome: Yesterday was an historic day. For the first time ever, the Japan Child Abduction issue reached the highest levels of our government. President Obama addressed the issue, to include both the Hague Convention and resolution of existing cases, in his meeting with Prime Minister Noda in New York yesterday…
AS Campbell: “The President also very strongly affirmed the Japanese decision to enter into The Hague Convention – asked that this – on Child Abduction – asked that these steps be taken clearly and that the necessary implementing legislation would be addressed. He also indicated that while that was an important milestone for Japan, that – he also asked the Japanese prime minister and the government to focus on the preexisting cases, the cases that have come before. The prime minister indicated that very clearly, he knew about the number of cases. He mentioned 123. He said that he would take special care to focus on these particular issues as we – as Japan also works to implement the joining of The Hague Convention, which the United States appreciates greatly.”
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Child Abductions, Gaiatsu, Good News, Human Rights, Japanese Government | 5 Comments »
Posted by Dr. ARUDOU, Debito on 22nd September 2011
BAChome writes to Beth Payne, Director Office of Children’s Issues, U.S. Department of State:
Ms. Payne, Mr. Lake has indicated that he is willing to provide a sworn affidavit that Ms. Vause told him his daughter Mary appeared in person at the Osaka consulate. However, even taking you at your word that Mary Lake called the consulate, we are simply distraught that the consulate employees did not do more to facilitate her rescue and return to her lawful parent…
The State Department’s failure to act during the brief window of time available to rescue Mary allowed her to disappear again into the black hole abyss of Japan, to join the other 374 children abducted to Japan since 1994, none of whom has ever been returned.
We ask you to answer one simple question…if Mary Lake were kidnapped by a STRANGER and held in Japan for six years, and then contacted the US Consulate asking them to “fly her home”, would the consulate actions have been any different, and if so, why? The State Department’s DUTY to Mary Victoria Lake is no different than to any other victim of a felony crime, and for you to treat it otherwise is simply a flagrant disregard for the law…
The State Department has conducted years of meetings, talks, meetings, talks, meetings and talks, but not a single parent has been able to even see their child as a result. This latest incident with William Lake’s daughter only further exacerbates the left-behind parent community’s total and complete loss of confidence in the State Department’s ability to protect our children. What happened to Mary Victoria Lake could have happened to any of our children, and this incident fills us with fear and anxiety that if a window of opportunity someday opens for the rescue of our children, State Department will simply shut that window, as they did with Mary Lake, rather than actually try to return our children.
Posted in "Pinprick Protests", Child Abductions, Exclusionism, Gaiatsu, Human Rights, Injustice, Ironies & Hypocrisies | 6 Comments »
Posted by Dr. ARUDOU, Debito on 2nd September 2011
BAChome: On August 24, 2011, 14 year-old Mary Victoria Lake, a U.S. citizen, who was kidnapped by her mother and taken to Japan in 2005, in one of the most high-profile international kidnapping cases in the United States, walked into the U.S. consulate in Osaka, Japan. She asked to be rescued from her kidnapper, an act of enormous bravery by a teenager who has been cut off from her father and held captive overseas for the past six years. Indifferent and incompetent U.S. Consular officials refused to aid or rescue her and instead sent her back to her kidnapper…
This is third and latest episode of gross negligence by the Department of State toward Mr. Lake and his daughter. Twice previously, they illegally issued passports for his daughter without obtaining the father’s signature, even after it had been established that her father was the lawful parent and the mother was a wanted kidnapper.
Almost all of the existing cases involve at least one parent who is Japanese. This case however is a clear exception. Neither one of the victims nor the kidnapping mother are of Japanese ancestry. There is simply no reason for Mary to be held in Japan. However, no one from the White House or The State Department is publicly demanding the return of Mary Victoria Lake or any of the other 374, and more realistically, thousands of American children held captive there.
It has become starkly apparent to the parents victimized by the crime of parental child abduction that the Department of State clearly values the relations with foreign nations over the safety, well-being and lives of U.S. citizen children being held captive in Japan.
Posted in Child Abductions, Exclusionism, Human Rights, Injustice, Ironies & Hypocrisies | 22 Comments »
Posted by Dr. ARUDOU, Debito on 9th August 2011
Colin Jones: Those focused on the government’s stumbling efforts to protect the children of Fukushima from radioactive contamination may find this hard to believe, but Japanese family law just got more child-friendly — maybe. If Japan finally signs the Hague Convention on child abduction, as it appears it will, it could become even more so. There is a big “maybe” here too, so it remains to be seen whether these two steps taken by the Diet will steer the country away from its status as a black hole for parental abduction or leave it treading the same sorry path.
On May 27 a law was passed amending a number of provisions in the Civil Code relating to children and their parents. First, Article 766 of the code was revised to require parents seeking a cooperative (i.e., nonlitigated) divorce to decide upon visitation, child support payments and other matters relevant to their children’s upbringing after divorce. Furthermore, the new provision says that the welfare of the children must be the primary consideration when these matters are decided….
Meanwhile, on the Hague Convention front, a legislative committee appears to be considering domestic legislation that will ensure no abducted child ever has to be returned after Japan signs it. A basic premise of the convention is that judicial determinations about children after their parents separate should be made in the country where the children have been living. Children who are unilaterally removed to another country should thus promptly be located and returned to their country of habitual residence…
Based on current proposals that I have seen, Japanese authorities may be allowed to refuse to return a child if (a) either the child or taking parent have been subject to abuse (including “violent words”), (b) the taking parent cannot return to the child’s home country because of fear of criminal prosecution upon return, (c) the taking parent is the primary caregiver but cannot raise the child in the home country for financial or other reasons, or (d) the helpfully vague “there are other circumstances” making return potentially harmful to the child.
Posted in Child Abductions, Gaiatsu, Human Rights, Japanese Government | 8 Comments »
Posted by Dr. ARUDOU, Debito on 8th July 2011
In this podcast: Book Break at the Foreign Correspondents Club of Japan on my new book “IN APPROPRIATE: A novel of culture, kidnapping, and revenge in modern Japan”. June 28, 2011, Tokyo Yurakucho, with a large discussion on child abductions after divorce in Japan.
The presentation and Q&A in its entirety. 1 hour 20 minutes. No cuts. Enjoy!
Posted in Articles & Publications, Child Abductions, Podcasts, Speech materials | 4 Comments »
Posted by Dr. ARUDOU, Debito on 19th June 2011
As a Weekend Tangent, and a corollary to yesterday’s blog post about the debate on definitions of Domestic Violence in Japan, here is a discussion from a psychologist on what sort of person will probably be most likely to take advantage of “violence” that is not physically violent in nature: a bully, who uses collective attack and parental alienation as a means to extract revenge on a spouse. Under Japan’s increasingly blurry definitions of serious matters of violent behavior, this means that bullies will also be able to enlist the authorities’ help in carrying out their bullying.
Psychologist: The emotionally abusive bully who engages in mobbing (or parental alienation) revels in the excitement produced by their animosity. It produces a pleasurable buzz or rush in them. Westhues (2002) refers to this as “the euphoria of collective attack.”
Parental Alienation and Personality Disorders…
Posted in Child Abductions, Tangents | 1 Comment »
Posted by Dr. ARUDOU, Debito on 18th June 2011
Here is a report from a Debito.org reader who translates how the debate on Domestic Violence in Japan (being cited as a reason to create loopholes in Japan’s enforcement of the upcoming signatory status with the Hague Treaty on Child Abductions) is being stretched to justify just about any negative behavior (including non-tactile acts) as “violent”. And note how the checklist of “violent” acts below approaches the issue with the woman as perpetual victim and the man as perpetrator. If accepted as the standard definition, imagine just how much further this will weaken the fathers’ position in any Japanese divorce negotiation.
NGO Sayasaya: Checklist for Women
Please check any of these if you have experienced them:
He sulks if I deviate in any way from what he has requested of me.
He quickly blames me whenever something goes wrong.
When I go out alone, he calls my cell phone regularly.
He is reluctant to associate with my friends and parents.
He is angry if I come home late…
Checklist for Men
Please check any of these if you have experienced them:
I have yelled at her.
I wish that she would only have eyes for me.
Sometimes I don’t answer her when she wants to talk to me.
While speaking with her, I have stood up and got close to her.
She has thought that I made fun of her…
Source: Dr. Numazaki Ichirou “Why Do men choose violence?”
According to Professor Numazaki, the producer of this list, a check mark next to even ONE item indicates a DV event. (For women who checked off one item, they have been a victim of DV and, for men, any checks indicate that that man was a perpetrator of DV.)
Posted in Bad Social Science, Child Abductions, Human Rights, Japanese Politics, 日本語 | 26 Comments »
Posted by Dr. ARUDOU, Debito on 19th May 2011
hello debito. we have never met but i wanted to make you aware of a friend of mine who has been imprisoned in japan for the last 5 months without being charged. it’s a bit of a long story, but i met nathan about 4 years ago when he first came to japan from the states to pursue his photography. to make a long story short, he met a japanese woman, got her pregnant, they got married then all hell broke loose. he has been in prison for apparently trying to abduct his child and take her back to the states. until recently i had had no contact with him except a letter in which he asked me to donate money to japan’s relief effort, then i saw this video…
i am leaving japan at the end of may, so until then i will try to get his case some more attention. i hope that this message does not fall on deaf ears nor blind eyes. any suggestions are welcome, but this is more to make you aware of his situation.
all i ask is that you watch the video and perhaps forward it to anyone you think might be able to help him. thanks! sl
Posted in Child Abductions, Human Rights, Japanese police/Foreign crime | 22 Comments »
Posted by Dr. ARUDOU, Debito on 13th May 2011
Here’s some news dovetailing with Japan’s unwillingness to abide by international treaty.
Japan, one of the United Nations’ largest financial contributors, has been pushing hard for decades now for a seat on the U.N. Security Council (last time in 2006), effectively to have a place at the table and more powerful voting rights with fellow big, rich, powerful nations. The GOJ has even signed treaties and created domestic laws, according to scholar John M. Peek (see below), just to make it look better internationally, i.e., more like a modern, responsible nation in the international arena. However, after signing these treaties, Japan has been quite constant in its unwillingness to actually create domestic laws to enforce international agreements (cf. the CERD), or when laws are created, they have little to no enforcement power (cf. the Equal Employment Opportunity Law, which has done little after more than a quarter century to ameliorate the wide disparity in wages between men and women in Japan).
The fact is, the GOJ does this stuff for window dressing. Now once it accomplishes its goal of getting an UNSC Seat, it will have no further incentive to sign, abide by, or obey international treaties at all. We have stated this to the United Nations at every opportunity.
Which is why Britain’s sudden turnaround to support Japan’s bid is so eye-blinkingly blind. It seems we are milking our disasters (partially caused by our government’s malfeasance in the first place) to get an international sympathy vote now. How cynical and opportunistic.
Read on for an excerpt of a research paper I wrote citing Dr. Peek above, regarding the GOJ’s history of insincere negotiations vis-a-vis international human-rights agreements. I believe Japan will similarly ratify yet unfollow the Hague Convention on Child Abductions as well. And not even bother to ratify much else once it gets on the UNSC.
Posted in Child Abductions, Cultural Issue, Gaiatsu, Human Rights, Ironies & Hypocrisies, Japanese Government, United Nations | 5 Comments »
Posted by Dr. ARUDOU, Debito on 12th May 2011
In light of Chris Savoie’s U.S. court victory the other day, where his ex-wife was ruled guilty of inter alia false imprisonment of their kids in Japan, let’s look at the bigger picture — whether or not there will be official measures taken to stop this sort of thing happening again. One means is the Hague Convention on Child Abductions, to which Japan is not a signatory, and it shows.
Japan has once again made intimations (see JT article below) that it has plans to not only consider but even perhaps join the Convention, with a schedule of when it will perhaps join being announced this month.
This should be good news, but I’m not hopeful. Japan made similar intimations about joining this Convention more than three years ago (see Asahi article below that), so has clearly been less than keen. Moreover, during the domestic debates since then, lots of other intimations have been made that Japan will sign but will then create domestic laws and other loopholes so it doesn’t have to follow it.
This is within character. Japan has done precisely the same thing with other international agreements, including the UN Convention on the Elimination of Racial Discrimination (signed by Japan all the way back in 1995), which has similarly been exceptionalized to the point where we have no national law in the criminal code outlawing or forbidding racial discrimination and hate speech.
The point is, I’m not hopeful. And I’ll say it again: Nobody, Japanese or NJ, should get married to a Japanese and have children under the current system in Japan. Divorce in Japan generally means one parent loses the kids. And I believe that will continue regardless of Japan’s agreeing to the Hague.
Posted in Child Abductions, Gaiatsu, Human Rights, Japanese Government, United Nations | 13 Comments »
Posted by Dr. ARUDOU, Debito on 11th May 2011
Congratulations to Chris Savoie on his massive U.S. court victory against his ex-wife for, inter alia, false imprisonment of his children in Japan.
Debito.org has talked about the Savoie Case for quite some time now (do a search), but I devoted a Japan Times JUST BE CAUSE column to it back in October 2009. I’m personally glad he’s staying the course, and seeking judicial recourse that is amounting to legally-binding agreement. This is setting an important precedent regarding the issue of international child abduction, and drawing attention to a long-neglected problem. Arudou Debito
PS: Note the lame (if not just plain inaccurate) headline by the Japan Times/Kyodo News on this, “Wife fined for taking children to Japan”; makes it sound like she got punished for being a tourist. Get on the ball. Call it what it is: Child abduction.
Posted in Child Abductions, Gaiatsu, Good News, Human Rights, Lawsuits | 25 Comments »
Posted by Dr. ARUDOU, Debito on 9th March 2011
ARUDOU Debito is proud to announce the release of his first novel:
IN APPROPRIATE: A novel of culture, kidnapping, and revenge in modern Japan
Gary Schmidt, a small-town American boy, meets a Japanese girl in college and follows her to Japan to start a family. Little does he know that her conservative Japanese clan has hidden agendas and secret intentions. Gary eventually realizes that he must escape their clutches – and convince his family to do the same before it’s too late!
More plot synopsis for Debito.org Readers:
IN APPROPRIATE is a book about child abductions in Japan, where after a divorce, a non-Japanese man comes back to Japan to retrieve his children back to America. Although a work of fiction, it is an amalgam of several true stories of divorce and Left-Behind Parents in Japan.
ADVANCE PRAISE FOR “IN APPROPRIATE”:
“ARUDOU Debito’s depiction of how quickly life gets turned upside down by the crazy family rules in Japan will do more than just grab your attention. It will make you cry at the strange and deplorable tale of love lost in Japan. IN APPROPRIATE sheds necessary light on the twisted norms and laws in Japan that not only allow, but also encourage parents to abduct their children from one another. A must-read primer on the issue.” — Eric Kalmus, Children’s Rights Network Japan (www.crnjapan.net), and Left-Behind Parent.
Ordering options for paperback and ebook follow, with a link to an eleven-page excerpt.
Posted in Articles & Publications, Child Abductions, Cultural Issue, Good News, Japanese police/Foreign crime | 10 Comments »
Posted by Dr. ARUDOU, Debito on 23rd February 2011
This is just an update to tell you that after two weeks of intensive writing and revising, I have successfully written my first novel.
What’s it about? Well, right now, about 141 pages.
Sorry, old joke zone.
No, actually it’s about child abductions in Japan.
I’ve already sent out a preliminary draft to several readers to for some feedback. Once that’s back in, I think I should have the book on sale sometime in March.
More information as it comes available! Thanks you for reading Debito.org!
Posted in Articles & Publications, Child Abductions | 8 Comments »
Posted by Dr. ARUDOU, Debito on 4th February 2011
Here’s some news on a MOFA survey that was skewed (by dint, for one thing, of it being rendered in Japanese only, effectively shutting out many opinions of the NJ side of the marriage) linguistically to get results that were negative towards the signing of the Hague Convention on Child Abductions. Even then, MOFA got mixed results (as in, more people want the GOJ to sign the Hague than don’t, but it’s a pretty clean three-way split). Nice try, MOFA. Read the survey for yourself below and see what I mean.
In any case, the bureaucrats, according to Jiji Press of Feb 1 (see bottom of this blog post), seem to be gearing up to join the Hague only if there is a domestic law in place for Japan to NOT return the kids. I smell a loophole in the making.
NHK’s “Close Up Gendai” gave 28 minutes to the issue on February 2, 2011 (watch it here), in which they gave less airtime than anticipated to portraying Japanese as victims escaping to Japan from NJ DV, and more instead to the Japanese who want Japan to sign the Hague so they can get their kids back from overseas. Only one segment (shorter than all the others) gave any airtime to the NJ side of the marriage — but them getting any airtime at all is surprising; as we saw in yesterday’s blog entry, NJ don’t “own the narrative” of child abductions in Japan.
Posted in Bad Social Science, Child Abductions, Human Rights, Japanese Government, Japanese Politics, Shoe on the Other Foot Dept., 日本語 | 4 Comments »
Posted by Dr. ARUDOU, Debito on 20th January 2011
Hollywood Reporter said last month that the story of Richard Cory will be optioned for development into a media event (movie or TV). This is a pseudonymous story of a NJ father in an international marriage in Japan, who reported in a series of articles for the Japan Times Community Page about his hardships getting access to his children — after his wife went AWOL, then nuts. His case particularly highlights the systematic barriers that fathers and NJ face trying to get a fair shake in custody hearings, even when the J spouse is certifiable.
The optioning is good news, in the sense that the issue of “Left-Behind Parents” (LBP, to those of us who are) deserves plenty of exposure. Systematic Child Abduction and Parental Alienation after separation and divorce in Japan affects not only NJ, but LBPs who are Japanese as well.
A reality check at this juncture, however. Something being optioned does not necessarily mean something gets made. Especially when the market concerns the darker aspects of Japan: Robert Whiting’s best book, TOKYO UNDERWORLD, has languished for many years in production hell. SOUR STRAWBERRIES got made in part thanks to German government funding. FROM THE SHADOWS is still looking for investors. And even the goofy airy-fairy movies about NJ in Japan, such as Oguri Saori’s MY DARLING IS A FOREIGNER, was a flop — grossing less than $7 million bucks to become only the 71st-grossing movie in Japan last year. The more successful yet serious-in-tone movies about foreign treatment in Japan, like LOST IN TRANSLATION, are anomalous. Good luck to Richard Cory.
Posted in Child Abductions, Good News, Media | 1 Comment »
Posted by Dr. ARUDOU, Debito on 14th January 2011
It looks like the GOJ has pinched one of the essential avenues for Japanese overseas looking to abduct their children back to Japan after separation or divorce — the ability for a Japanese citizen to get their child’s J-passport renewed at any Japanese embassy or consulate without the consent of both parents. Somewhat good news, although commenter Getchan below points out that there are still loopholes in this development.
MOFA: To Parents with Children of Japanese Nationality:
Notice: Passport Application for Japanese Minors
Under Japanese civil law, those under the age of 20 are regarded as minors. When a Japanese minor applies for a Japanese passport, one parent/guardian must sign the “Legal Representative Signature” section on the back of the passport application. An application signed by one parent will be accepted under the assumption that the signature is a representation of consent from both parent(s)/guardian(s)…
Posted in Child Abductions, Good News, Japanese Government, 日本語 | 10 Comments »
Posted by Dr. ARUDOU, Debito on 11th January 2011
Amid rumblings that Japan will sign the Hague Convention on Child Abductions this year (the Yomiuri says it’s currently being “mulled”), here’s another reason why it should be signed — child abductions after separation or divorce are driving parents to suicide. Read on. The Yomiuri articles follow.
FCCJ: The life and career of Arnaud Simon once could have exemplified the excellent relationship between Japan and France. A young French historian teaching in Tokyo, Simon was preparing a thesis on the history of thought during the Edo Period. He was married to a Japanese woman. They had one son.
But on Nov. 20, Arnaud Simon took his own life. He hanged himself. He did not need to leave an explanatory note; his closest friends knew he had lost the appetite for living because his wife would not allow Simon to see his son after their marriage broke up. Simon apparently tried on multiple occasions to take his boy home from school, but the police blocked the young father each time.
“The lawyers he met were trying to appease him, not help him,” one of his former colleagues remembers.
Another Frenchman in the same situation, Christophe Guillermin, committed suicide in June. These two deaths are terrible reminders of the hell some foreign parents inhabit in Japan – and because of Japan. When a couple separates here, custody of any children is traditionally awarded to the mother. After that, the children rarely have contact with the “other side”; they are supposed to delete the losing parent from their lives…
Posted in Child Abductions, Japanese Government, 日本語 | 5 Comments »
Posted by Dr. ARUDOU, Debito on 26th November 2010
The latest in a series of tragedies through child abductions by Japanese because Japan’s laws and Family Court do not prevent them (more at crnjapan.net): The tragedy is clearly not only that of children being deprived of a parent. On November 19, a Left-Behind Parent deprived himself of his life. As reports the French Embassy in French and Japanese on November 24. English translation first, then official texts from the Embassy. We’ve had government after government denouncing this practice, GOJ, as the French Embassy puts it so eruditely below. How much longer must it go on?
French Embassy: Our compatriot Arnaud Simon killed himself Friday, November 19. The French teacher in Tokyo, he was 35 years old and lived in Japan since 2006.
Separated from his wife since last March, he was the father of a boy of 20 months he had sought unsuccessfully to gain custody. Our community is in mourning and I present on behalf of all our condolences to his family and loved ones.
Nobody can speak with certainty about the reasons why a man so young to commit an act so terrible. Mr. Simon, however, had recently expressed to the consular section of our embassy in Tokyo of its difficulties to meet his son and it is very likely that the separation from her child was a determining factor. This reminds us all if need be suffering fathers of the 32 French and two hundred other cases identified by consular authorities as being deprived of because of their parental rights.
It is clear that our words and deeds are little face a dramatic situation, but I wanted to remind the determined action of the French authorities and the Embassy in connection with its German partners, American, Australian, Belgian, British, Canadian, Colombian, Spanish, Hungarian, Italian and New Zealand calling on Japan to ratify the Hague Convention on Civil Aspects of International Child Abduction and expedite a review of individual records to find appropriate solutions where they are possible, depending on circumstances.
It is the interests of children, that nobody has the right to deprive one of their parents. It is also to take into account the suffering of the fathers we have today is a tragic event.
Posted in Child Abductions, 日本語 | 15 Comments »
Posted by Dr. ARUDOU, Debito on 16th November 2010
Thoughtful letter to the editor in the Japan Times on the International Child Abductions Issue. Excerpting the most interesting part for me — the rhetoric the media uses to keep the public unconsciously supporting the “home team” as their apparent members keep kidnapping kids to Japan with impunity:
Amy Savoie: The government tries to convey that it is justifiable for Japanese parents to “take kids home to Japan” (tsure-kaeri or tsurete-kikoku), but when a foreign parent takes the children to another country (that parent’s home country), the Japanese call it kidnapping (tsure-sari) or abduction (rachi). The Japanese government and media behave duplicitously every time they pretend these unilateral relocations (relocating without permission from the other parent) are not the same thing.
Instead of describing both situations only as tsure-sari (or only as tsure-kaeri), the Japanese government cleverly (and intentionally) uses different sets of words that convey two totally different meanings depending on who the kidnapper is…
Posted in Child Abductions, Cultural Issue, Japanese Government, Media | 47 Comments »
Posted by Dr. ARUDOU, Debito on 22nd October 2010
Just In Case: A Parental Abduction Preparedness Checklist
The Japan Children’s Rights Network in response to the ever increasing number of International Parental Abductions to Japan has released a preparation guide for all of those in intimate relationships / Marriage with a Japanese citizen. This guide is the “get your affairs in order” guide to making sure that when and if your Japanese significant other abducts your child you are prepared. Please email firstname.lastname@example.org with any questions / additions.
Here is a checklist of things to do if you are about to get a divorce, or if you are worried that the Japanese parent might try to take your children at some time in the future. (Some of this applies generally to all kinds of child abduction and is advisable to do anyways, even if you are not worried right now.) Some applies only if you are in Japan, and some applies only if you are not.
Make sure to store all information in a safe place where the child’s other parent cannot get to it, such as a safe deposit box that only you can enter, or a friend or relative’s home. Also, to help ensure that others do not misuse this information, you as the parent should be the only person to keep this information about your child. You should be wary of gadgets and gimmicks that purport to protect your child or any sort of data-collection or registration services that store information about your child. There is no substitute to collecting and storing this information yourself.
The List (a pre-divorce checklist)
1.Make sure that your marriage is registered on your Japanese spouse’s Family Registry. (koseki).
2.Make sure that you are registered on the Japanese spouse’s Family Registry. (koseki) as the parent of each of your children. (You can order these from outside Japan with forms from here.)
3.Get copies of Japanese spouse’s Family Registry. (koseki) and a current Residency Registration (juminhyou) from the appropriate local government office. Note that foreign spouses are never listed on the actual juuminhyou, but if you ask, they may list you in the remarks section. Make sure to request this so that you have proof that you were living together. (Some government offices still wont do it, but many will.)…
Posted in Child Abductions, Human Rights, Practical advice | 9 Comments »
Posted by Dr. ARUDOU, Debito on 30th September 2010
Media: The U.S. House of Representatives turned up the pressure Wednesday on Japan, strongly urging Tokyo to return immediately half-Japanese children that lawmakers say have been kidnapped from their American parents.
The House voted overwhelmingly for a nonbinding resolution that “condemns the abduction and retention” of children held in Japan “in violation of their human rights and United States and international law.”
The resolution, which passed 416 to 1, also calls for Japan to allow Americans to visit their children and for Tokyo to join a 1980 international convention on child abduction that would allow for the quick return of the children to America.
Democratic Rep Jim Moran told reporters that the resolution sends a strong signal to Japan that the U.S. Congress “is watching and expecting action.”
Republican Rep. Chris Smith said, “Americans are fed up with our friend and ally Japan and their pattern of noncooperation.”
The Japanese Embassy said in a statement that Japan is sympathetic to the plight of children caught in custody battles between Japanese and American citizens and “is continuing to make sincere efforts to deal with this issue from the standpoint that the welfare of the child should be of the utmost importance.”
Posted in Child Abductions, Gaiatsu, Good News, Japanese Government, Media | 21 Comments »
Posted by Dr. ARUDOU, Debito on 29th September 2010
Japan Times: Look at my case (and what the judge wrote in her custody ruling in July). My wife had admitted to the following:
• More than three years of ongoing adultery (“The reason for the breakup of the marriage was the respondent’s adultery”); Giving large sums of money (¥7.7 million) to her lover to help him pay off his gambling debt (“Respondent lent a large sum of money to her colleague”);
• Taking my children on dates to bet on horse racing;
• Being currently on medication for various disorders (“Respondent became mentally ill and started seeing a doctor in or around January 2010 and worried about her insufficient communication with the children”);
• Physically abusing her own spouse and children (“Respondent attacked petitioner . . . and used physical power that cannot be justified as discipline against the children”).
Her own daughter fled from her after being abducted, and then testified against her. Moreover, my wife did not even petition for custody of the children until four months after I filed for divorce and custody. I even submitted a video showing my wife with not one of the bruises or injuries she claimed to have sustained the day before the video was taken. And we even had eyewitness testimony of her trying to injure herself. Could my case be any stronger?
Nevertheless, when the judge awarded me physical custody of my daughter, she also awarded physical custody of the boys to their mother. The reason: “There’s no big problem (with the boys staying where they are).”
Based on such reasoning, you can bet the bank that this judge would have awarded custody of all three children to my wife had I not been able to rescue one. And the judge would probably have given me custody of them all had they all been able to get free.
Japan’s family court is simply a facade designed to make an unevolved system appear civilized.
Let’s not kid ourselves. In Japan, “possession of the children” trumps the “best interests of the children” every time, particularly when the “best interests of the children” are never even addressed. And when you have a country that is pouring great sums of money into a system that shuffles children off to hidden locations whenever a parent makes an unverified DV claim, the state, in essence, becomes complicit in the abduction of the children…
Posted in Child Abductions, Injustice, Ironies & Hypocrisies, Japanese Government, Lawsuits | 6 Comments »
Posted by Dr. ARUDOU, Debito on 28th September 2010
Japan Times: In December 2009, shortly after I detailed my fears in this column (Zeit Gist, Nov. 3, 2009) about my wife’s ongoing affair potentially resulting in me losing custody of my children, family life got even worse as she became increasingly physically abusive toward our children. In fact, the police visited my home after one incident in December and recommended that I take my daughter to the Child Guidance Center (jidosodanjo) so that we could determine how to best handle her mother’s violent behavior. Over the next few months, my daughter was interviewed twice at the Child Guidance Center and a few times at her public elementary school.
Unfortunately, as we neared the abduction date, bias against her American father started to become evident. Exactly two weeks before her abduction, her female school principal met privately with my daughter, who summarized her principal’s comments as follows: “Your mother might be violent, but we know she’s a very nice mother on the inside. She will change one day. She’s just stressed right now.”
Two days before the abduction, the school principal and two child welfare officers met with my daughter in the principal’s office, and just hours after returning home, my daughter reported the following exchange between her and one of the welfare officers, an older Japanese woman: “And then she said, ‘Who are you going to choose?’ And I said, ‘Because Mama beats me, I want to go to Daddy’s side. I’m going to choose Daddy.’ Then she said, ‘Your mother does all the stuff at home, like cooking and doing the clothes and stuff like that, so I think it would be better if you choose your mother.’ “
Posted in Child Abductions, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government | 10 Comments »
Posted by Dr. ARUDOU, Debito on 15th August 2010
The GOJ just said it will join the Hague Convention (on Child Abductions, not child custody, as entitled below; guess that’s more palatable to readers), something sorely needed in in a society which acts as a haven for international child kidnapping after divorce. It’s an important announcement, with a couple of caveats: 1) It hasn’t happened yet (or it’s uncertain when it will happen, so it’s not quite news), and 2) it’s unclear, as the article notes (and many Debito.org Readers believe, according to a recent poll here) that Japan will properly enforce it if it does ratify (as it has done in the past with, say, the Convention on Racial Discrimination) with laws guaranteeing joint custody and/or visitation rights. Good news, kinda. Wait and see.
Kyodo: Japan has decided to become a party to a global treaty on child custody as early as next year amid growing calls abroad for the country to join it to help resolve custody problems resulting from failed international marriages, government sources said Saturday.
The government will develop domestic laws in line with the Hague Convention on the Civil Aspects of International Child Abduction, which provides a procedure for the prompt return of ‘‘abducted’’ children to their habitual country of residence and protects parental access rights, the sources said.
Complaints have been growing over cases in which a Japanese parent, often a mother, brings a child to Japan without the consent of the foreign parent, or regardless of custody determination in other countries, and denies the other parent access to the child…
However, the government has yet to determine when to ratify the treaty, as it is expected to take time to develop related domestic laws because of differences in the legal systems of Japan and other signatory nations.
Posted in Child Abductions, Gaiatsu, Good News, Japanese Government | 11 Comments »
Posted by Dr. ARUDOU, Debito on 5th August 2010
It’s fascinating whenever someone cons people out of pots of money — doubly so when someone cons a whole government. Take, for example, Japan’s biggest news story two weeks ago: Kim Hyon Hui’s four-day visit to Japan.
You might recall that in 1987 this North Korean spy, traveling on a fake Japanese passport, blew up a South Korean commercial airliner, killing 115 passengers.
Last July 20, however, this agent of international terrorism was allowed into Japan for a reception worthy of a state guest. Bypassing standard immigration procedures, Kim had her entry visa personally approved by our justice minister, boarded a chartered flight that cost Japan’s taxpayers ¥10 million, and was whisked by helicopter to former Prime Minister Yukio Hatoyama’s private dacha to eat with political elites.
Then, flanked by a phalanx of 100 cops (who made sure nobody raised any uncomfortable questions), Kim got to meet the parents of Megumi Yokota, the cause celebre of North Korean kidnappings of innocent Japanese citizens decades ago. Next, at her request, Kim boarded another helicopter (at around ¥800,000 an hour) for an aerial tour of Mount Fuji. As a parting gift, she got an undisclosed amount of “additional remuneration.” Sweet.
And what did Japan get? Kim said she had information for the Yokotas about their missing daughter and other Japanese abductees who trained her to be a multilingual spy — even though, way back when, she said she had never met Megumi. So suddenly Kim has a quarter-century-old brain fart and gets the red carpet?
The Megumi Yokota tragedy has for the past decade been a political football in Japanese politics, a means for Japan as a whole to claim victimhood status…
Posted in Articles & Publications, Child Abductions, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Problematic Foreign Treatment | 11 Comments »
Posted by Dr. ARUDOU, Debito on 22nd July 2010
Excerpt: Kim Hyon Hui, a wannabe actress-turned-terrorist who blew up a 747 filled with 115 people back in 1987 when she was a North Korean agent and who got the death penalty, only to see it revoked for reasons that are still unclear, arrived at Haneda airport Wednesday by special charter plane from her home in South Korea. Ms. Kim saw Japan’s fine hospitality at its best, and was even given her own motorcade to former Prime Minister Yukio Hatoyama’s summer home in Karuizawa. No delays at train stations or red lights for our Ms. Kim!…
Yes, Ms. Kim did suffer a memory loss when she originally told Japanese officials she’d never met Megumi Yokota. But that was then and this is now. The Japanese government is quite happy to learn she has regained her memory, calling it a miracle and dismissing cynics who wonder whether Kim’s memory loss was restored with the aid of both hypnosis and secret bank accounts in Switzerland, Macau, or the Cayman Islands.
So busy were Japanese officials with their one-woman “Yokoso Japan!” on behalf of Ms. Kim and her testimony about children abducted from Japan by foreigners in violation of domestic and international law that readers will surely sympathize with our nation’s overworked and understaffed bureaucracy when they insist they have no time to meet with Americans, Canadians, British, Germans, French, Indians, or anyone else who would like–just a few minutes, if you please — to discuss the issue of children abducted to Japan by Japanese in violation of domestic and international law.
Posted in Child Abductions, Ironies & Hypocrisies, Japanese Government | 13 Comments »
Posted by Dr. ARUDOU, Debito on 22nd July 2010
As a friend most poignantly pointed out to me yesterday evening, something’s very wrong with Japan’s current top news story:
“Have you been following the reaction to the treatment given that ex-North Korean spy who blew up a plane and murdered 115 people, yet came to Japan as a VIP and is now staying at Hatoyama’s Karuizawa retreat? David McNeil and Justin McCurry did pieces with a hint of outrage, especially David, who noted that, if Japanese authorities had bothered to follow the immigration law, she would have been arrested. To be fair, some Japanese journalists noted last night (on TBS, I think) that something isn’t quite right.
“You may be interested to know that the group “Bring Abducted Children Home” is pretty upset as well, noting that the Japanese government rolls out the red carpet for a mass murderer just because she might have some information on Japanese children who were kidnapped out of Japan but doesn’t want to deal with anybody seeking a meeting about Japanese children kidnapped back to Japan by a Japanese parent.”
Quite. As far as I recall not a peep about the terrorism on NHK 7PM last night. Only the meeting with the Yokotas and all the smiles. Elite politics indeed trumps all.
Posted in Child Abductions, Ironies & Hypocrisies, Japanese Government, Problematic Foreign Treatment | 4 Comments »
Posted by Dr. ARUDOU, Debito on 17th July 2010
Forwarding the below from a friend. This is just another case of many where we have people (regardless of nationality, but thanks to the Koseki System NJ are in a particularly weak situation, particularly regarding international child abduction) doing awful things to their children after divorce simply because they can, and the authorities will do little or nothing to stop it. I have of course written on the subject of divorce and post-divorce before (here and here, for example), but let me say at this juncture that for me it has gotten much, much worse over the past few years. (I still myself have seen my kids maybe six times over the past six years, but now there is a development that someday I’ll tell you about, when I have drawn some conclusions and have some lessons from it.)
Meanwhile, I’ve said it before and I’ll say it again because it is a harsh reality:
As Japan’s Family Laws stand now, nobody — regardless of nationality — should get married to a Japanese and have kids. Because if you divorce — or even separate — somebody will quite likely lose them completely.
Read on for yet another example of that. Even more examples and case studies at the Japan Children’s Rights Network here.
Posted in Child Abductions, Injustice, 日本語 | 18 Comments »
Posted by Dr. ARUDOU, Debito on 30th June 2010
Colin Jones in the Japan Times: A few months ago I met with some Western diplomats who were looking for information about Japanese law — in particular, an answer to the question, “Is parental child abduction a crime?” As international child abduction has become an increasingly sore point between Japan and other countries, foreign envoys have been making concerted efforts to understand the issue from the Japanese side. Having been told repeatedly by their Japanese counterparts that it is not a crime, some diplomats may be confused by recent cases of non-Japanese parents being arrested, even convicted for “kidnapping” their own children. I don’t think I helped much, since my contribution was something along the lines of “Well, it probably depends on whether the authorities need it to be a crime.”
Of course, the very question “Is x a crime?” reflects a fairly Western view of the law as a well-defined set of rules, the parameters of which people can know in advance in order to conduct themselves accordingly. However, there is a Confucian saying that is sometimes interpreted as “The people do not need to know the law, but they should be made to obey it.” This adage was a watchword of the Tokugawa Shogunate, whose philosophy of government was based in part on neo-Confucian principles.
It is also a saying that could provide some insights into why it sometimes seems difficult to get a clear answer about what exactly the law is in modern Japan. I am not suggesting that Japanese police and prosecutors have Confucian platitudes hanging framed over their desks, but knowing the law is a source of power. Being able to say what the law means is an even greater one, particularly if you can do so without being challenged. In a way, clearly defined criminal laws bind authority as much as they bind the people, by limiting the situations in which authorities can act. Since law enforcement in Japan often seems directed primarily at “keeping the peace,” laws that are flexible are more likely to serve this goal…
Posted in Child Abductions, History, Injustice, Japanese Government, Japanese police/Foreign crime, Lawsuits | 19 Comments »
Posted by Dr. ARUDOU, Debito on 17th June 2010
Forwarding from Eric: Right now there exists the terrible reality that – as gaijin parents – we are at substantial risk of completely losing access to our children if our marriage dissolves, or even if our spouse just decides to make a break with us and abduct the kid(s). Japan is a country with no dual-custody laws, and a social practice of severely limiting, and often severing, the non-custodial parent’s access to their kids when the marriage ends.
I write today to seek your contribution for the completion of a documentary that is trying to directly help protect the interests of parents like us.
Take a look at this trailer for one particular group’s upcoming documentary film:
Political and social awareness is picking up, but we need to add fuel to this movement that is trying to help us.
In Jan 2010, six out of seven G7 governments pressed Japan to sign an international anti-parental child abduction treaty called the Hague Convention, which Japan has so far refused for nearly 30 years. There has also been a recent proposed House (US Congress) Resolution threatening sanctions on Japan for allowing the kidnapping of US citizens. More info is here: http://www.govtrack.us/congress/bill.xpd?bill=hr111-1326&tab=summary
This is all going in the right direction, but it is not enough. We need grass roots pressure as well.
I am trying to help a two gentlemen (see attached doc for more background info) who have worked their butts off the past couple of years to make a documentary film about child abduction in Japan. As you will see in the attachment, they’ve had a lot of success so far, but hope to enter their documentary into a major film festival so that its profile can be raised and reach a broad audience.
My personal request…?
I hope you can join a group of us at 7:00 pm on Thurs, June 24th in Shibuya
Cerego Japan Inc.
Ninomiya Bldg 4F
150-0031 Shibuya-ku, Tokyo
(location: http://blog.smart.fm/en/about/location/ ) to watch the latest cut of their documentary, engage with other concerned and/or affected parents, and help contribute to the completion and ongoing success of this film.
There is no entry fee to join us and watch. That said, contributions (assuming you like what you see) would be much appreciated…
Posted in Anti-discrimination templates/meetings, Child Abductions, Media | 5 Comments »