DEBITO.ORG NEWSLETTER NOVEMBER 9, 2009

Posted on November 9, 2009 by Debito Arudou, Ph.D.

Table of Contents:
YET EVEN MORE ON CHILD ABDUCTIONS
1) 22 US Senators sign letter for Obama to address Child Abductions Issue during Japan visit
2) AOL on Child Abductions and child retriever Gus Zamora, letter to Debito.org from Gus
3) Open Letter to Pres. Obama re Nov 12 Japan Visit and Child Abductions from Left-Behind Parent
4) Sauce for the gander: Czech national abducts his child of J-NJ marriage; MOFA “powerless w/o Hague”

UNFINISHED BUSINESS
5) Ichihashi Tatsuya, suspect in Hawker murder, according to NPA has new face after plastic surgery
6) Japan Focus: Lawrence Repeta on DPJ and Ministry of Justice: fundamental reforms at last?
7) NYT on South Korea dealing with racism: Prosecutors spring into action. Contrast.
8 ) Greg Goodmacher’s EFL textbook on NJ issues: Why aren’t there more like these?
9) Asahi and Mainichi: J Supreme Court rules against Nationality Clause for employment in judiciary

BLOWBACK
10) NHK’s lingering bias favoring the opposition LDP. Anyone else noticing this?
11) Eyewitness report of Shinjuku’s overreaction to NJ Hallowe’en revelers on Yamanote
12) Fallout from “The Cove”: TV’s “South Park” takes on Japan’s dolphin slaughters and whale hunts

SOME STUFF I’M GETTING UP TO
13) DEBITO.ORG PODCAST OCTOBER 31, 2009
14) My Thurs Nov 5, Sapporo Gakuin Dai speech “Legal Equality for NJ Residents” (download Japanese Powerpoint)
15) “Lifer” Cartoon in SAPPORO SOURCE: “Things to do in Hokkaido”
16) New Debito.org Poll: “What are the TOP THREE things you think the DPJ should do policywise for NJ in Japan?”

… and finally …

17) Japan Times JUST BE CAUSE column: “Demography vs. Demagoguery” (full text)

Sauce for the gander: Czech national abducts his child of J-NJ marriage; MOFA “powerless w/o Hague”

Posted on November 9, 2009November 9, 2009 by Debito Arudou, Ph.D.

Finally we have the turnabout that I bet will precipitate Japan signing the Hague. A Czech father has reportedly abducted his child out of Japan, and the MOFA says it is powerless since Japan is not a party to the Hague Treaty on Child Abductions. Well, sauce for the gander, isn’t it?

Two things I find interesting about this case is 1) the MOFA is reportedly working to try and get the child back (contrast with the USG, which recently wouldn’t even open the front gates of one of its consulates to three of its citizens), and 2) once again, the same reporting agency (Kyodo) omits data depending on language, see articles below. It claims in Japanese that (as usual) the NJ husband was violent towards the J wife (in other words, it takes the claim of the wife at face value; how unprofessional), and neglects to mention that in English. Heh. Gotta make us Japanese into victims again.

Anyway, if this will get Japan to sign the Hague, great. Problem is, as usual, I see it being enforced at this point to get J kids back but never return them overseas (since the J authorities aren’t going to give more rights to foreigners than they give their own citizens, who lose their kids after divorce due to the koseki system, anyway). But I guess I’m being just a little too cynical. I hope.

Ichihashi Tatsuya, suspect in Hawker murder, according to NPA has new face after plastic surgery

Posted on November 8, 2009November 8, 2009 by Debito Arudou, Ph.D.

In probably one of the most embarrassing criminal investigation bungles in recent memory, the prime suspect in the Lindsay Ann Hawker murder case, Ichihashi Tatsuya, is still at large after closing in on three years since he gave the slip to cops who knocked on his apartment door.

Recent reports are that he has probably had cosmetic surgery and has a new face. Here are the mug shots. What gets me is that he can’t be on the lam this long without some sort of financial support. Rumors abound (from temporary work in construction to doing tricks for the gay community; all apocryphal), but his family denies that they are supporting him. I find that especially hard to believe now that he’s undergone very expensive cosmetic surgery.

Like Ichihashi, keep your eyes peeled, everyone. Let’s get this suspect in jug where he can answer a battery of questions about his whereabouts and motives for the past few years.

Greg Goodmacher’s EFL textbook on NJ issues: Why aren’t there more like these?

Posted on November 8, 2009November 9, 2009 by Debito Arudou, Ph.D.

For a Sunday Tangent, I introduce the book below by Greg Goodmacher. I have no financial stake, don’t worry. Just wanted to point out that there is a book out there in the education sector which has information on NJ issues.

I think there should be more like these. After all, if MOE isn’t going to help with assimilation by approving books that toe the monocultural “Japan is unique” line (not to mention deny ethnic schools official approval as education entities, so their NJ students can’t get subsidies and student discounts), then we international residents who write and sell books should inject multiculturalism into the private sector textbook market. Hey, what’s being taught below is not unkosher, and thinking about the inevitability of Japan immigration (a tenet Debito.org subscribes to wholeheartedly, natch) is actually a very good thing to get young people thinking about.

NJ textbook writers in Japan, get cracking. Educate people. Promote Japan’s future as a multicultural multiethnic society

22 US Senators signed letter for Obama to address Child Abductions Issue during Japan visit

Posted on November 7, 2009November 7, 2009 by Debito Arudou, Ph.D.

We reported on this on October 30, but back then only two US Senators had signed. Now as of November 5, 22 US Senators have signed a letter for Obama to address Child Abductions Issue during his Japan visit. Three scanned pages follow.

AOL on Child Abductions and child retriever Gus Zamora, letter to Debito.org from Gus

Posted on November 7, 2009November 7, 2009 by Debito Arudou, Ph.D.

AOL: Say you marry someone and you have children. You get divorced. There’s a custody battle. You win. Your ex-spouse refuses to accept the decision. He or she takes the children and flees overseas to a country that doesn’t recognize your custody rights.

What do you do?

This is not a hypothetical question for thousands of parents who go through this exact scenario every year. Their options are limited.

One option, however, is Gus Zamora…

LETTER FROM GUS HIMSELF: In response to a recent post on the Internet regarding “Snatchback” in The Atlantic Monthly I felt it was important for people to know what I do and what my real success rate is. The world of International Parental Abduction is a place I have spent the last Eighteen years. I have assisted parents in over 200 cases. Fifty-five children have been returned to their custodial parent with my guidance. Three of which were successful recoveries from Japan.

In addition to the fifty-five recoveries, I have also worked on twenty to twenty five cases that were resolved through mediation, Hague convention applications, media involvement, international law enforcement involvement and negotiations directly with the abductors. Zamora and Associates is presently involved in several cases in Japan, both in and out of Japanese courts.

Japan Focus: Lawrence Repeta on DPJ and Ministry of Justice: fundamental reforms at last?

Posted on November 6, 2009November 6, 2009 by Debito Arudou, Ph.D.

Repeta: The landslide victory of the Democratic Party of Japan (DPJ) in parliamentary elections held on August 30, 2009 is likely to result in policy change in many areas. There seems little doubt that we will see a very different approach to calibrating the balance between police power and individual rights.

One of the more startling appointments to the new Cabinet is that of Yokohama lawyer Chiba Keiko to be Minister of Justice. The authority of the Ministry is great, with responsibility to enforce criminal laws, protect individual rights, manage the immigration system, and generally oversee the legal system itself, including preparation and review of draft legislation. Ms. Chiba’s appointment should result in a sharp change in policy. She brings with her a history of more than two decades in the Diet in which she opposed nearly all LDP initiatives related to Ministry operations…

If there was any doubt on this score, she wiped it away in formal comments released on September 16, the day the new Cabinet took office. In her first message to the nation as Minister, Chiba declared that her mission is to help build a society that respects human rights and a judicial system that is “close to the people” (kokumin ni mijika na shiho). To achieve this, she listed three specific steps. First is the establishment of a new human rights agency. Second is ratification of so-called “Optional Protocols” to human rights treaties. Third is creating transparency in criminal interrogations…

New Debito.org Poll: “What are the TOP THREE things you think the DPJ should do policywise for NJ in Japan? (choose up to 3)”

Posted on November 5, 2009 by Debito Arudou, Ph.D.

In part two of a series polling what the new DPJ Administration should do regarding making life in Japan better for NJ residents, I have offered a second Debito.org poll at top right column, “What are the TOP THREE things you think the DPJ should do policywise for NJ in Japan? (choose up to 3)”, with some choices you might find delectable.

It offers the same options in the same order as the previous poll (archived here, and you can still vote on that, too), except that one only wanted the polled to chose ONE option (since politicians have trouble working on more than one than one track at a time). Now with THREE choices, we should be able to see better overlaps and midpoints, and perhaps get a better sense of what concerned readers of Debito.org think the GOJ should do for us. G’wan, let us know what you think!

Open Letter to Pres. Obama re Nov 12 Japan Visit and Child Abductions from Left-Behind Parent

Posted on November 5, 2009November 6, 2009 by Debito Arudou, Ph.D.

Conclusion: When you meet with Prime Minister Hatoyama, please remind him of his statements. There is no need to wait another two years to implement the rights Japan agreed to uphold when they became signatory to the United Nations Convention on the Rights of the Child. Please walk right up to Mr. Hatoyama, look him squarely in the eye, and tell him non-custodial parents must have immediate access to their children. Let the Japanese Government know that there is no room for negotiation. Please uphold both parental and children’s fundamental human rights. The Lord knows I have done about all I can. I have fought inside and outside of Japanese Courts with everything I’ve have left. I’ve been jailed, placed in solitary confinement, and stripped of all my assets for trying be a father.

Mr. President, like so many other left behind parents, I pray every night to see my children for years. Please use your office and your voice to make this happen. There are so many parents who have renewed hopes since you have taken office. When you come to Japan for talks with the Japanese Government please make this issue an important part of the discussion. YES WE CAN!

NYT on South Korea dealing with racism: Prosecutors spring into action. Contrast.

Posted on November 5, 2009 by Debito Arudou, Ph.D.

NYT: On the evening of July 10, Bonogit Hussain, a 29-year-old Indian man, and Hahn Ji-seon, a female Korean friend, were riding a bus near Seoul when a man in the back began hurling racial and sexist slurs at them.

The situation would be a familiar one to many Korean women who have dated or even — as in Ms. Hahn’s case — simply traveled in the company of a foreign man.

What was different this time, however, was that, once it was reported in the South Korean media, prosecutors sprang into action, charging the man they have identified only as a 31-year-old Mr. Park with contempt, the first time such charges had been applied to an alleged racist offense. Spurred by the case, which is pending in court, rival political parties in Parliament have begun drafting legislation that for the first time would provide a detailed definition of discrimination by race and ethnicity and impose criminal penalties.

COMMENT: Well, how about that. First South Korea does away with its hojeok family registry system in 2007 (the similar koseki system, still extant in Japan, causes a lot of difficulties for NJ). This after it passes a law in 2005 with provisions against some forms of racial discrimination, such as against Koreans with mixed parentage. Now, according to the NYT below, they’re charging people in court with racism and drafting laws against it, even protecting at least one person with no blood connection to Korea. Dunno how thoroughly this is being enforced, but given the cultural similarities (and attitudes towards outsiders), it SK can do it, I daresay it’s not impossible for Japan. The discriminatory conditions described below sound eerily similar at times.

Speaking tomorrow, Thurs Nov 5, Sapporo Gakuin Dai 「法の下の平等と在住外国人」

Posted on November 4, 2009 by Debito Arudou, Ph.D.

Speaking in Japanese tomorrow, FYI, at Sapporo Gakuin.
Thursday November 5, 2009 1PM. 札幌学院大学法学部公開講座リレー講義「人権・共生・人間の尊重　あらためてその理念と現実を考える」第７回「法の下の平等と在住外国人」。札幌学院大学D202教室にて。
Flyer and Powerpoint included in this blog entry.

DEBITO.ORG PODCAST OCTOBER 31, 2009

Posted on November 4, 2009November 11, 2009 by Debito Arudou, Ph.D.

In this edition of the Debito.org Podcast, Debito reads three of his JUST BE CAUSE Japan Times columns. His first three, published nearly two years ago, are on the image of activists in Japan, on how public forums in Japan regarding human rights keep spinning their wheels, and on how academics should also get into activism in a show of “academic social responsibility”. This is his first podcast in nearly two years. For those who would rather listen to Debito.org during your exercise or commute than read it online, enjoy.

NHK’s lingering bias favoring the opposition LDP. Anyone else noticing this?

Posted on November 3, 2009 by Debito Arudou, Ph.D.

Just a short essay for today. Has anyone noticed how NHK still reports as if the LDP is in power?

It’s been a month and a half since the DPJ assumed office, the first real bona fide party in Japan’s modern, developed, postwar history to actually offer a change of perspective and an alternative opposition. They keep surprising me with both their proposals and their competence so far.

But you wouldn’t get that impression from watching NHK. Yesterday morning’s 7AM news (Nov 2, 2009) had a smidge on the DPJ’s latest policy move, but then had a citation from former cabinet member (who nearly was booted out this election from my local electorate, Ebetsu, and had to be brought back in as a Proportional Representation “Zombie” Dietmember) Machimura Nobutaka, mentioned by name, offering a counterargument seemingly nearly as long as the airtime given the LDP. Who is he to comment and why should anyone, particularly NHK, care?

I’ve seen this time and time again on NHK, supposedly neutral — or at least pro-government. Which means it should be promoting the DPJ’s view now that it is the government. But that’s not happening. NHK, to me, seems to be treating our current government as if it’s an aberration, a lull or momentary lapse of reason before the LDP gets back in.

I’m not alone in this view…

Next Japan Times JUST BE CAUSE column tomorrow, Tues Nov 3, on how politics has infected J demographic science

Posted on November 2, 2009January 10, 2024 by Debito Arudou, Ph.D.

Just a quick heads up for those in the big big cities to get a copy of the Japan Times off their newsstand tomorrow. My next JUST BE CAUSE column will be on Japan’s demographic science: How politics is interfering with analysis, making any official consideration of immigration as a possible factor a taboo topic. That’s tomorrow, Tues November 3 (Weds in the provinces), Japan Times.

Asahi and Mainichi: J Supreme Court rules against Nationality Clause for employment in judiciary

Posted on November 2, 2009 by Debito Arudou, Ph.D.

In probably one of the most important legal decisions all year, the Supreme Court has ruled that the “Nationality Clause” (kokuseki joukou), often cited as a reason for barring NJ from administrative (and often, even stable noncontracted) jobs in the public sector, has been scrapped. I’m not sure if that means it’s been ruled “unconstitutional”, but the clause in the Mainichi below, (“The citizenship requirement was eliminated because the courts could be seen as denying employment based solely on the question of citizenship,” the court stated.) could reasonably be stretched in future cases to say that barring NJ from jobs (currently allowed in places such as firefighting and food preparation, and also in Tokyo Prefecture for nursing) should not be permitted. That would be excellent news for the long-suffering NJ academics in Japan’s higher-education system of Academic Apartheid.

Eyewitness report of Shinjuku’s overreaction to NJ Hallowe’en revelers on Yamanote

Posted on November 1, 2009November 2, 2009 by Debito Arudou, Ph.D.

Shinjuku JR minami-guchi, where, in previous years, hundreds halloweeners had gathered to start the party on a specific train of the Yamanote line. This year, there were

– at least two hundred cops all over the station.

– several dozen of cops inside, blocking the staircase leading to the Shibuya direction platform

– cops blocking every costumed person from entering the station

– per every stop of the Yamanote, there were at least half a dozen cops on the platform

– in the train, there was at least three different Japanese with video cameras with the specific purpose of documenting gaijin atrocities

– and a premier for this year, there were at least more than 100 PROTESTERS outside the kaisatsu…

Sunday Tangent: SAPPORO SOURCE DEBITO Column on the power of humor and how it preserves sanity

Posted on November 1, 2009November 30, 2009 by Debito Arudou, Ph.D.

Time for a Sunday Tangent. My latest tangental column in SAPPORO SOURCE — not on human rights, but on humor. And the power it has over us. Excerpt:

Humor is a funny thing. Nobody can exactly define what a “joke” is, why something is “funny”, or how one develops or cultivates a “sense of humor”. But we all know its effects.

Humor, as you know, causes that wonderful instant reaction where you lose control of yourself — and emit a smile if not a full-on loud laugh. The longer you laugh, the better you feel. It is a catharsis.

You can tell when somebody’s been under a lot of stress lately when they laugh long and loud even at the lamest joke. Why? Like a volcano erupting, laughter releases the toxins of stress that build up in this modern world.

But it goes beyond that. Consider the power humor has over us…

“Lifer” Cartoon in SAPPORO SOURCE: “Things to do in Hokkaido”

Posted on October 31, 2009 by Debito Arudou, Ph.D.

SAPPORO SOURCE, our city’s only free bilingual newspaper, has just this month started featuring cartoons by “Lifer”, a Sapporo resident who has enough time on his hands to scribble down some doodles. Here’s the first in the series, RANDOM HOKKAIDO COMIX, click on it to focus in your browser:

Fallout from “The Cove”: TV’s “South Park” takes on Japan’s dolphin slaughters and whale hunts

Posted on October 31, 2009 by Debito Arudou, Ph.D.

This is making the rounds of the blogoverse. South Park takes on the Japanese dolphin culls and whale hunts, thanks to the publicity from “The Cove”. It’s worth seeing. As a South Park fan, I must say this is all within character for the show… and it as usual ties the issue up into large intellectual knots, and pushes the frontiers of “taboo humor”. Enjoy, I guess.

DEBITO.ORG NEWSLETTER OCTOBER 31, 2009

Posted on October 31, 2009 by Debito Arudou, Ph.D.

Table of Contents:
CHILD ABDUCTION ISSUE STILL HAS LEGS
1) Letter from US Senators Boxer and Corker to Obama re Child Abductions, for his Nov 12 visit to Japan
2) Joint statement by eight governments re Japan’s untenable stance on international child abductions
3) Global Post’s Justin McCurry on Savoie Child Abduction Case. Issue isn’t passe yet.
4) Letter to Prime Minister Hatoyama regarding Child Abductions and legislative lag, from a Left-Behind Parent
5) MSNBC.com/AP on left-behind dads in Japan regardless of nationality

FALLOUT FROM ISSUES OF LABOR, HISTORY, IMMIGRATION, DOLPHIN AND OTHER SLAUGHTERS
6) Mainichi: Numerous foreign trainees forced to work under harsh conditions in Japan, even to death
7) Mainichi: Chinese trainees file complaint with labor bureau over 350 yen per hour overtime
8 ) Sakanaka Hidenori’s latest paper on assimilation of NJ now translated into English, full text
9) Economist.com BANYAN column on DPJ moves to right historical wrongs
10) Fallout from “The Cove”: TV’s “South Park” takes on Japan’s dolphin slaughters and whale hunts
11) Tangent: Microsoft apologizes for photoshopping out black man from its Poland advertising. Contrast with “Mr James”
12) Tangent: Japan Times reporter Eric Johnston on getting freelance reporting jobs in Japan
13) Tokyo International Players present “Honiefaith”, true story of NJ murder, Nov 6-7-8 in Shibuya’s OUR SPACE Theater
14) New Debito.org Poll: “What should be the DPJ’s NUMBER ONE priority policy for helping NJ in Japan?”

… and finally …
15) My next Japan Times JUST BE CAUSE column Tues Nov 3 on Japan politicization of demographic science

Letter from US Senators Boxer and Corker to Obama re Child Abductions, for his Nov 12 visit to Japan

Posted on October 30, 2009 by Debito Arudou, Ph.D.

Letter from two US senators to Obama on Japan’s Child Abductions issue:

“It is particularly troubling that Japan remains the only G-7 industrialized nation that has yet to accede to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention has been adopted by more than 70 countries and is an important tool for those seeking access to and/or the return of a child abducted across international borders. We agree that Japan’s accession to the Hague Convention would result in important reforms to Japanese family law and we are grateful that the United States continues to prioritize this issue.

“But while we acknowledge that Japan’s accession to the Hague Convention is an important goal, the United States must also work with Japan to establish a bilateral mechanism to assist with the resolution of current cases. This is critical because the Hague Convention does not pertain to already completed abductions, and therefore cannot be used as a tool to resolve existing cases. We urge your Administration to seriously consider initiatives, including mediation, to foster cooperative and coordinated engagement with the Japanese government on cases of international parental child abduction. Many parents have not seen or heard from their children in years. We cannot sit back and wait while these children grow up without one parent.

“We feel strongly that the recent election of the Democratic Party of Japan (DPJ), under the leadership of Prime Minister Hatoyama, is a unique opportunity for the United States to reinvigorate its dialogue with Japan on the issue of international parental child abduction. As such, we urge you to ensure that the United States continues to raise this issue at the highest possible levels in the context of our nations’ close bilateral relationship.”

Mainichi: Chinese trainees file complaint with labor bureau over 350 yen per hour overtime

Posted on October 30, 2009October 30, 2009 by Debito Arudou, Ph.D.

Mainichi: According to the complaint and other sources, the [Chinese “Trainee”] women each worked as many as 209 overtime hours per month, and about 2,000 hours per year. The 350-400 yen per hour the women claim they were paid for that overtime falls short of Nagasaki Prefecture’s minimum wage of 629 yen per hour, and well below the standard set by the Labor Standards Act, which requires employers to pay 1.25-1.6 times the regular wage for overtime.

The women claim that during busy periods they each worked from 8 a.m. to 12 a.m., and sometimes did not have a single day off per month. They apparently signed a contract paying them a monthly salary based on the minimum wage, but that excluded provisions for overtime. Working an average of 173 hours per month at the minimum wage would equal a monthly paycheck of about 110,000 yen.

However, the women claim that the company told them their pay was being directly deposited in their bank accounts and did not show them the payment details. Furthermore, the company held both the women’s bankbooks and passports. The company president also apparently checked the clock whenever one of the women went to the washroom and deducted that time from their breaks.

Mainichi: Numerous foreign trainees forced to work under harsh conditions in Japan, even to death

Posted on October 29, 2009 by Debito Arudou, Ph.D.

Mainichi: The Justice Ministry has confirmed that a record 452 companies and other organizations that accepted foreign trainees were involved in illegal practices last year. About 60 percent of them involve violations of labor-related laws, including unpaid wages and overtime allowances.

A survey conducted by the Japan International Training Cooperation Organization (JITCO) has found that a record 34 trainees died in fiscal 2008. Nearly half, or 16 of them, died of brain and heart diseases that are often caused by long working hours. Experts say that there is a high possibility that they died from overwork.

With the amendment to the Immigration Control and Refugee Recognition Law, labor related laws, which had applied to foreign trainees from their second year, now apply to those in their first year of training. As a result, it is now guaranteed that foreign trainees can sign proper employment contracts with their employers, just like Japanese workers.

The government is poised to revise its regulations to inspect companies that accept foreign trainees at least once a month to see if their working conditions are legal as well as stiffen penalties for businesses involved in illegal labor practices and strictly examine the terms of contracts between foreign trainees and employment agencies in their home countries.

However, support groups question the effectiveness of these measures, pointing out that many of those in their second year of training are subjected to illegal labor practices.

Global Post’s Justin McCurry on Savoie Child Abduction Case. Issue isn’t passe yet.

Posted on October 28, 2009 by Debito Arudou, Ph.D.

Excerpt: Savoie’s is one of about 80 cases of international parental child abduction involving U.S. citizens, while France and Britain are dealing with 35 each.

The unofficial number is much higher, particularly when failed marriages between Japanese and people from other Asian countries are included. The Assembly for French Overseas Nationals for Japan estimates that 10,000 children with dual citizenship in Japan are prevented from seeing their foreign parent after separation or divorce.

Japanese courts habitually award custody of children to the mother. In many cases, they say they are simply trying to protect the rights of women fleeing abusive former husbands, a claim vigorously disputed by campaigners.

The country’s courts will be tested again later this week when Shane Clarke appeals in a custody battle with Japanese ex-wife…

Tangent: Microsoft apologizes for photoshopping out black man from its Poland advertising. Contrast with McDonald’s Japan “Mr James”

Posted on October 28, 2009October 31, 2009 by Debito Arudou, Ph.D.

Bit of a tangent but not really. Here’s what happens when another multinational apparently caters to “regional sensibilities” — this time Microsoft photoshopping out an African-American in one of its ads to cater to a Polish audience.

Contrast with “Mr James”. We see none of the cultural relativity that the whole McDonald’s Japan “Mr James” issue got (or even claims of “just-deserts” from certain parties). And Microsoft even apologizes — something McDonald’s Japan has steadfastly refused to do (and still runs the “Mr James” campaign to this day; fortunately it finishes shortly). Any theories behind the difference?

Letter to Prime Minister Hatoyama regarding Child Abductions and legislative lag, from a Left-Behind Parent

Posted on October 27, 2009 by Debito Arudou, Ph.D.

Conclusion: While I believe you, Prime Minister Hatoyama, are sincere about resolving this issue, the facts lead me to distrust the bureaucrats in the Ministry of Justice and the Foreign Ministry. The Judicial Review Council and the Supreme Court knew about these problems in the first Judicial Reforms that began 10 years ago but chose not to face the tough issue of Parental Rights head on. Now, Mr. Hatoyama, are you relying on these same bureaucrats again? Why, is it that Professor Nishitani refers to a draft statute created by Japanese Scholars that would have paved the way for Japan to implement the Hague Convention on the Civil Aspects of International Child Abduction and the bureaucrats are sounding as though we have to start from scratch? If the Judicial Reform Council is drafting this legislation then who are the current members? I hope it is not any of the retired Supreme Court Justices that made the 2000 ruling. Furthermore, the Democratic Party of Japan’s Manifesto states the cabinet will be the center of policy-making. What happens if the DPJ loses power in the next election, which will be in two years, do we start from scratch again? Let’s see what Professor Yuko Nishitani and the Japanese Scholars proposed; maybe the cabinet can start from there. If the government wants the international community and all left-behind parents to cooperate while reforms are being created we need to know, What Are We Bargaining For?

Joint statement by eight governments re Japan’s untenable stance on international child abductions

Posted on October 27, 2009 by Debito Arudou, Ph.D.

Joint Statement on International Child Abduction
By the Ambassadors of Australia, Canada, France, Italy, New Zealand, Spain, the United Kingdom and the United States

Excerpt: Because parental child abduction involving Japan affects so many of our citizens, we, the Ambassadors to Japan of Canada, France, Italy, New Zealand, Spain, the United Kingdom and the United States, and the Deputy Head of Mission from the Embassy of Australia, called on Justice Minister Chiba today to address our concerns.

We place the highest priority on the welfare of children who have been the victims of international parental child abduction and believe that our children should grow up with access to both parents. Therefore, in our meeting with Minister Chiba we called upon Japan to accede to the Convention. We also urged that Japan meanwhile identify and implement measures to enable parents who are separated from their children to maintain contact with them and to visit them.

Japan is an important friend and partner for each of our countries, and we share many values in common. This makes it all the more important to develop tangible solutions to cases of parental child abduction in Japan. We are eager to work closely and in a positive manner with the new Japanese government on this issue.

Tokyo International Players present “Honiefaith” Nov 6-7-8 in Shibuya’s OUR SPACE Theater

Posted on October 27, 2009 by Debito Arudou, Ph.D.

BY POPULAR DEMAND, TOKYO INTERNATIONAL PLAYERS PRESENTS A SECOND PRODUCTION OF “HONIEFAITH”
Written and directed by Monty DiPietro
When a Filipino hostess’ dismembered body is discovered in a Tokyo coin locker, Manila newspaper reporter Victor Balmori is dispatched to Japan. Balmori is looking for a story, he finds a nightmare.

Written by Monty DiPietro, “Honiefaith” is a three-act play based on real events. The premiere of “Honiefaith” opened Tokyo International Players’ “Second Stage” series in June, playing to full houses at a ‘black box’ theater in Hatagaya. The November production is being directed by the author, and features Filipino television and film actor Percival Florendo Bugayong in the lead role. The play is in English, and runs about two hours with intermission.

November 6-7-8, 2009 at Our Space Theater:
Fri. Nov. 6 – 7:00 pm
Sat. Nov. 7 – 2:00 pm
Sat. Nov. 7 – 7:00 pm
Sun. Nov. 8 – 2:00 pm
Sun. Nov. 8 – 7:00 pm
More details, flyer, and link to actual case history in this blog entry.

Sakanaka Hidenori’s latest paper on assimilation of NJ now translated into English, full text

Posted on October 26, 2009 by Debito Arudou, Ph.D.

Sakanaka Hidenori, head of the Japan Immigration Policy Institute and author of Nyuukan Senki (his experiences within Japan’s Immigration Bureau), has just had his most recent paper translated into English. Debito.org is proud to feature this paper downloadable in full here, with an excerpt immediately below.

Sakanaka-san has written for Debito.org before, and his 2007 work, “A New Framework for Japan’s Immigration Policies” can be found here. He has taken great efforts to encourage immigration policy within Japan (his prognosis on “Big Japan vs. Small Japan” is worth considering).

Now for his latest, translated by Kalu Obuka. Excerpt, then full download:

Sunday Tangent: Eric Johnston on getting freelance reporting jobs in Japan

Posted on October 25, 2009 by Debito Arudou, Ph.D.

I attended the Japan Writers’ Conference last weekend in Kyoto (even presented, handout here). A very good time with some very good presentations, one of which was Eric Johnston’s excellent presentation on how to find freelance journalist jobs in Japan. There was so much information in his powerpoint that I asked if I could blog it here for wider consumption. Yeppers, he said, so here are some excerpts. Download the whole powerpoint below for the full story.

REPORTING OPPORTUNITIES IN JAPAN:
A Practical Guide
By Eric Johnston, Deputy Editor, The Japan Times, Osaka bureau …

Economist.com BANYAN column on DPJ moves to right historical wrongs

Posted on October 24, 2009 by Debito Arudou, Ph.D.

Here’s The Economist’s Asia-focus “Banyan” column last week, on the DPJ’s attempt to try and redress the historical running sores that pass for diplomatic relations between Japan and the rest of Asia.

As I voted in the most recent Debito.org blog poll, the DPJ keeps surprising me with their progressive plans and policies. The proposal for a definitive joint-edited history book of the Asian region is precisely what UN Special Rapporteur Doudou Diene recommended as a salve years ago.

The Economist is right to express a certain degree of skepticism: so many hopes for countries to act like adults, and own up to the bad parts of history (viz. former PM Abe’s call for official whitewashing in the name of promoting Japan as “beautiful” — i.e. shame about the past just gets in the way of training Japanese to love their country), have been dashed time and time again. But as long as the DPJ can maintain the momentum of “not quite business as usual, folks”, I think we just might see decades of regional rhetorical logjam broken, and Japan discovering that international goodwill might be worth as much as good trade relations.

Economist.com: Yukio Hatoyama, Japan’s new prime minister, has pleased the neighbours by promising that rule by his Democratic Party of Japan would transform Japan’s relations with them. He made the pledge in both Seoul, where he met South Korea’s president, Lee Myung-bak, on October 8th, and then in Beijing at a three-way summit with China’s leaders. Unlike the weasel-worded Liberal Democratic Party, which long ran the country, Mr Hatoyama’s new government, he says, “has the courage to face up to history.”

Both Mr Lee and China’s prime minister, Wen Jiabao, were delighted. Dealing honestly with historical matters, they affirmed, would make it much easier to tackle contemporary challenges together—notably, getting North Korea to give up its nukes, and deepening economic co-operation. Mr Lee said Mr Hatoyama had opened the way for “future-oriented relations”. The talk now is of reviving old plans for an undersea tunnel linking South Korea and Japan. Emperor Akihito may visit South Korea, a first. Both South Korea and China have applauded Japan’s proposal for a jointly compiled history textbook…

MSNBC.com/AP on left-behind dads in Japan regardless of nationality

Posted on October 23, 2009 by Debito Arudou, Ph.D.

Slightly dated article recently published in the South China Morning Post, but still worth a read, for how the issues of Japanese family law and child abductions affect Japanese too:

AP: Yoshida has banded together with other divorced fathers to form a support group, one of several that have sprung up in recent years.

A few lawyers and lawmakers have showed support for their cause. A bar association group is studying parenting and visitation arrangements in other countries such as Australia.

Japan also faces a growing number of international custody disputes. The U.S., Britain, France and Canada have urged Japan to sign the 1980 Hague Convention on International Child Abduction, which has been signed by 80 countries. It seeks to standardize laws among participating countries to ensure that custody decisions can be made by appropriate courts and protect the rights of access of both parents.

Japan’s government has argued that signing the convention may not protect Japanese women and their children from abusive foreign husbands. Foreign Minister Katsuya Okada said this week that officials were reviewing the matter.

Divorced fathers say that joining the Hague convention would be a major step toward bringing the possibility of joint custody to Japan because it would require a major overhaul of the country’s family laws.

Shibuya Street Rally Sat Oct 24 lunchtime on Rights of Children and the Hague Convention

Posted on October 23, 2009 by Debito Arudou, Ph.D.

Street Rally this Saturday (Oct. 24) on Rights of Children and the Hague Convention
Dear parents, friends, and friends of the media,

In connection with UN Week 2009, and to commemorate the founding on the UN on October 24, a street rally will be held this Saturday to support the Rights of Children, Joint Custody and Visitation, and the Hague Convention.

The rally will begin at 1:30 pm from Shibuya (meeting in front of muscle theatre at 12:30 pm) and will march to Children’s Castle in Aoyama. (Please see attached flyer below).

DEBITO.ORG NEWSLETTER OCTOBER 22, 2009

Posted on October 22, 2009 by Debito Arudou, Ph.D.

Table of Contents:
MORE ON THE SAVOIE CHILD ABDUCTION CASE
1) CBS News interviews Chris Savoie after his return to US
2) Joseph pieces together plausible timeline in Savoie Case, finds for Christopher
3) Colin Jones in Japan Times: What the media attention from Savoie Child Abduction Case highlights
4) Colin Jones II: How J media is portraying J divorcees and child abductors as victims, NJ as perps
5) Asahi Shinbun Editorial: Child abduction in Japan, English Translation tweaks for NJ audience
6) CSM’s Kambayashi ties up Savoie Case, alludes to gender discrimination
7) The Atlantic Monthly on mercenary child-retrievers, mentions Japan
8 ) Foreign Policy.com: US Govt advised Chris Savoie to get children to Fukuoka Consulate! Plus lots more media.
9) The Toland Child Abduction Case: making waves in the wake of the Savoie Case
10) Wiegert Case of child custody awarded to NJ: In 1984! A precedent, anyway.

ASIDE FROM THE SAVOIE CASE
11) YouTube: right-wing xenophobia: rightists resort to street violence to shut people up
12) Query: Driver License schools now checking NJ visas? (UPDATE: Also Postal Savings)
13) Reuters on skater Yuko Kawaguchi: How Japan’s lack of dual nationality brands her a “traitor”
14) Sunday Tangent: China Daily on Chinese African-American girl facing racism in China
15) JK: recent moves by Japan’s Immigration Bureau that seem like loosening but not really
16) Tangent: Japanese family wants to become naturalized Korean citizens
17) McDonald’s “Mr James” in Shuukan Kin’youbi — the only Japanese press coverage the issue got
18) Contacting San Fran Human Rights Comm re Japan Times letter to the editor from exclusionary landlord

… and finally …
19) Presentation at Japan Writer’s Conference Sat Oct 17, Doshisha Women’s Univ.
On how to write quickly, concisely, and with panache (link to handout)

Colin Jones in Japan Times: How J media is portraying J divorcees and child abductors as victims, NJ as perps

Posted on October 22, 2009 by Debito Arudou, Ph.D.

Lawyer Colin Jones has hit us with a one-two punch this week in the Japan Times — first by explaining what Christopher Savoie’s arrest and recent release for “kidnapping” his own kids has brought to light, and now about how the domestic media is reacting to it. Predictably, portraying Japanese as perpetual victim, NJ as perp and victimizer. I’ve mentioned the biased NHK report on the subject before (so does Colin below in his article). Now, here’s a deeper roundup and some crystal-balling about how this might affect NJ particularly adversely as wagons circle and the GOJ protects its own. Excerpt follows:

…While Japan signing the Hague Convention is certainly a desirable goal, it is probably convenient for everyone on the Japanese government side of the issue for foreigners to be the bad guys. That way they appear to be dealing with a “new” problem, rather than one that they have already ignored for far too long. From there, the easiest way to prevent further abductions is to require foreign residents seeking to exit Japan with their children to show proof that the other parent consents to the travel. This requirement, I believe, will be the most immediate tangible result of Japan signing the Hague Convention (if in fact it ever does).

If such a requirement is imposed, will it apply to Japanese people? Probably not: Japanese citizens have a constitutional right to leave their country. And foreigners? They apparently lack this right — the re-entry permit foreigner residents are required to have is proof that they are not equally free to come and go as they please!

CBS News interviews Chris Savoie after his return to US

Posted on October 21, 2009October 21, 2009 by Debito Arudou, Ph.D.

Left-behind father in the Savoie Abduction Case, Christopher Savoie is interviewed on CBS’s Early Show earlier today (courtesy of Newscenter5 Tennessee) after his recent release about his treatment in Japanese jails and the US Consulate Fukuoka. According to him, they knew he was coming and a consulate official was present when he arrived there with the kids, but for some reason the Consulate front gate never opened. He also says he is not permitted any contact whatsoever with his children now and must pursue matters through Japanese courts. Well, that’s it then. He’s lost them.

Colin Jones in Japan Times: What the media attention from Savoie Child Abduction Case highlights

Posted on October 21, 2009October 21, 2009 by Debito Arudou, Ph.D.

Colin Jones in the Japan Times: My own view is that as a matter of law, Japan could start returning abducted children tomorrow without having signed the Hague Convention — just as children who have been abducted to countries like the United States or England have been returned to Japan notwithstanding the country’s nonsignatory status. Mr. Savoie’s case clearly demonstrates that it is not actually necessary to waste time and money in futile family court proceedings to get your child back: The police will do it for you if it is in their interests to arrest the abducting parent. The converse is that they may not do anything if it is not, and this is also why it is conceivable that Japan could sign the Hague Convention and immediately appear on the U.S. State Department’s list of noncompliant treaty partners.

Whatever the law says, it is very hard to imagine it being in the interests of the police and prosecutors to be seen taking crying half-Japanese children away from distraught Japanese mothers.

This is why the media attention is so important on this issue. Because law in Japan tends to serve the bureaucrats first and the people second, legislation and litigation may not lead to solutions if the bureaucrats are part of the problem. Thus, it will likely be criticism — relentless pressure and attention from both domestic and foreign sources — that will probably carry the day in Japan shedding its shameful status as an abduction haven. If so, it will be because the criticism risks damaging the authority of the bureaucrats by making them look bad.

CSM’s Kambayashi ties up Savoie Case, alludes to gender discrim

Posted on October 20, 2009 by Debito Arudou, Ph.D.

Just to complete the arc, here’s the CSM surveying the final chapter of Christopher Savoie’s foray into getting his kids back: He gets released from jail and gets out of Dodge. But now, as we’ve pointed out here before, there are new problems related to this issue coming to light. In sum, Savoie’s stint in the clink was worth it, for all left-behind spouses in Japan.

CSM: Still, many hurdles remain in terms of society’s view of child-rearing. Mr. Miyahara, who divorced his wife two years ago and now lives with his three children, says motherless families like his do not receive public assistance such as child-care allowances, even as there are government programs that support fatherless families.

“It is taken for granted that fathers have a certain amount of income,” he says. “The system dates back to the wartime period.”

Miyahara came to Tokyo last year to meet Health Ministry officials and DPJ lawmakers to ask for help. Since the DPJ won a landslide victory in the elections and is now in power, the change is expected to come, he says.

“Many single fathers also tend to hide [the fact that] they are motherless families. But I tell them to talk openly about it,” he says. “In fact, more people are becoming interested in our situations.”

Reuters on skater Yuko Kawaguchi: How Japan’s lack of dual nationality brands her a “traitor”

Posted on October 19, 2009 by Debito Arudou, Ph.D.

MOSCOW, Oct 14 (Reuters) – Yuko Kawaguchi was branded a traitor in her native Japan when she changed nationality to pursue her childhood dream of competing in the Olympics.

Since Japan does not allow dual citizenship, the figure skater was forced to give up her Japanese passport in exchange for a Russian one, enabling her and partner Alexander Smirnov to represent her adopted country at next year’s Winter Games in Vancouver…

While competing internationally for Russia required approval only from the sport’s governing body, the International Skating Union (ISU), she had to obtain Russian citizenship in order to take part in the Olympics.

COMMENT:Here’s another case of how Japan’s lack of dual nationality causes unnecessary hardship and sacrifice. Figure skater Yuko Kawaguchi has to give up her Japanese nationality in order to skate — and she reportedly gets branded a “traitor” for her trouble.

Japan puts enough pressure on its athletes to be world-class (sometimes demanding no less than a gold medal), and this lack of a “personal-best” culture (i.e. Japanese athletes have to become the pride or shame of the entire nation in any international competition) means many Japanese choke and crumble under the stress. Or in this case, give up their legal ties to Japan entirely. Silly. Then again, if Kawaguchi DOES get the Gold, we might claim her all over again (like we did the emigrant “Japanese” who got Nobel Prizes recently).

It’s time to get governments off their 20th-Century war footings (as in, “If we grant dual nationality , what if we go to war with that country? Which side will you choose?”) and allow individuals more options and identities. And nationalities. Because, again, international migration warrants that.

Sunday Tangent: China Daily on Chinese African-American girl facing racism in China

Posted on October 18, 2009 by Debito Arudou, Ph.D.

Sunday Tangent: It’s not only Japan that will have to deal with a multicultural, multiracial future. Lou Jing, the daughter of a liaison with a Chinese woman and an African-American, is having to deal with small minds on the other side of our pond. China has its share of internet bullies, it seems. Read on and see if there are any lessons here. One I can think of is: At least the (English language) media in China is brave enough to call it racism.

The Atlantic Monthly on mercenary child-retreivers, mentions Japan

Posted on October 17, 2009 by Debito Arudou, Ph.D.

Here are the lengths people will go to if there is no legal framework to enforce international child abductions: even hire a professional to retrieve your child. From The Atlantic Monthly November 2009, courtesy of Children’s Rights Network Japan. This is it, the big leagues.

Congratulations, left-behind spouses. You’ve hit a home run with this issue. All these years talking and writing about the Otaru Onsens Case and “JAPANESE ONLY” signs proliferating across Japan, and pffft — few countries really press Japan nowadays to enforce the UN CERD. Yet here practically overnight you’ve got US Congressional and State Department hearings, and Diet lobbying, and worldwide press. You’ve put Japan into the international spotlight over a problem just as long-suffering as racial discrimination in Japan. I guess Chris had to get arrested before it would happen, alas.

It will probably will get the GOJ to sign the Hague. Getting us to enforce it, however, is another matter. Keep on it.

Speaking at Japan Writer’s Conference Sat Oct 17, Doshisha Women’s Univ. On how to write quickly, concisely, & with panache

Posted on October 16, 2009October 16, 2009 by Debito Arudou, Ph.D.

Handout for my upcoming talk in Kyoto at the Japan Writer’s Conference. Introduction:

I write a lot. Five books, umpteen academic essays and chapters, a daily diary for more than a decade, and a blog entry basically every day for more than three years. In addition to thousands of essays (all archived online at Debito.org), I write two columns a month for newspapers plus exposition for other venues upon request. I pound out a good 1500 words every day, never suffering from “Writer’s Block”.

Howcum? Here are my tricks…

Joseph pieces together plausible timeline in Savoie Case, finds for Christopher

Posted on October 15, 2009October 15, 2009 by Debito Arudou, Ph.D.

I received this comment early this morning from “Joseph” regarding the Savoie Case, piecing together with a minimum of speculation a plausible timeline for what happened between Christopher and Noriko. It’s too good to be buried as a comment, so I create a separate blog entry for it. He finds for Christopher, concluding:

In Japan, sole custody is awarded to one parent, and one parent only. This means that if there is a messy divorce, as it appears to be in this case, and the mother doesn’t want to allow the father to see his children, there is nothing that can be done. Period. Christopher was obviously well aware of this, and knew that if he wanted to have any access to his children, he needed to have his divorce here.

Noriko, with full knowledge of Amy, came here specifically for the purpose of getting that divorce – she was not “tricked” into it. She came here, she had her day in court, she received a large financial settlement, she repeatedly assured the court that she had no intention of removing the father from his childrens’ lives, and then she went ahead and did just that. She took the children away, took the money, and now she happily spends her days walking the children to and from school, while he spends his being interrogated in jail. He sits there knowing that, as the Japanese courts always favor the Japanese parent in these cases, he will in all likelihood never see his children again.

The Toland Child Abduction Case: making waves in the wake of the Savoie Case

Posted on October 15, 2009October 15, 2009 by Debito Arudou, Ph.D.

I’ve been following another case of child abduction to Japan, that of Paul Toland, US Navy Commander, who lost his daughter Erika to an international divorce with a Japanese seven years ago. Then when his ex-wife died two years ago, custody went not to the only surviving parent in existence, but to the Japanese mother-in-law! Background follows, but Toland has been pushing on both sides of the Pacific for reforms, and he just might succeed. Keep an eye on this one. Media from Facebook (in Toland’s own words), a CNN interview, and news of the lobbying taking place at the Diet follows.

Foreign Policy.com on Savoie Case: US Govt advised father Chris to get children to Fukuoka Consulate! Plus lots more media.

Posted on October 14, 2009October 14, 2009 by Debito Arudou, Ph.D.

Foreign Policy.com reports something interesting, and if true, exposes a deeper grain of irresponsibility within the USG:

“Even before Savoie traveled to Japan, he contacted the State Department’s Office for Citizen Services to ask for advice on how to get his children out of Japan. State Department officials advised Savoie that because a U.S. court had awarded him sole custody on Aug. 17, he could apply for new passports for the children if he could get them to the Fukuoka consulate.”

Well, that didn’t happen. More media (not only on Savoie Case) in this blog entry, including accusations of Savoie being tortured in prison (it would be tantamount to such under international standards, as the UN has stated about Japan in the past), a divorced international family containing a child with a medical condition being financially strangled by court limbo, and Noriko Savoie reportedly complaining that she was treated “like a babysitter” and cheated out of money in the divorce settlement! Boy I’m glad I’m not a divorce lawyer.

JK: recent moves by Japan’s Immigration Bureau that seem like loosening but not really

Posted on October 13, 2009 by Debito Arudou, Ph.D.

Minister grants Chinese daughters of Japanese war orphan permission to stay in Japan

JK COMMENTS: But this is a hollow victory at best because the 在留特別許可 that was fought so hard for is only good for a year *and* with strings attached:

“Kana, 21, a first-year student at Tezukayama University, and Yoko, 19, also in her first year at Osaka University of Economics and Law, were given long-term resident visas good for one year. The visa conditions allow the sisters to work in Japan, take trips outside the country, and may be renewed if the sisters can provide for their own livelihoods.”

This whole situation is just plain wrong on so many levels — the sisters landed in Japan when they were 9 and 7 and are now attending college. The two are de facto Japanese citizens, and yet it took 6 years of churn and an act of God (well, almost!) just so that they can stay in Japan for another year on a short leash. If the archipelago was about to burst at the seams with humanity, I could understand the need for all the wrangling, but as we all know this simply isn’t the case, and in fact the opposite is true, which is why the government needs to stop picking nits already!

Tangent: Japanese family wants to become naturalized Korean citizens

Posted on October 12, 2009October 15, 2009 by Debito Arudou, Ph.D.

JoongAng Daily: The Masashi family’s five children are fully Japanese, but think like Koreans. They can speak their mother tongue but are more fluent in Korean. They have been to Japan but have lived in Korea all their lives. Now, the family is trying to become naturalized as Korean citizens.

Their parents, Ananose Masashi, 47, and his wife Kazuko, 46, came to Korea in 1989, a year after they got married. Like many newlywed couples before them, they started their new life in Seoul. They eventually decided to set up their own Japanese translation and interpretation company…