Child Abductions Issue: How Japan’s debate on defining “Domestic Violence”, the loophole in enforcing the Hague Treaty, is heading in the wrong direction

Posted on June 18, 2011June 18, 2011 by Debito Arudou, Ph.D.

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.)

My SNA Visible Minorities column 56: Addressing Japan’s Child Abduction Problem (on the recent bill passed to allow joint custody after divorce (May 27, 2024)

Posted on May 28, 2024 by Debito Arudou, Ph.D.

SNA: It has been one of Japan’s worst-kept secrets. It has shattered lives and caused enormous international embarrassment to Japan’s reputation as a nation of laws. It has caused untold misery to countless children and families worldwide. And amongst all the G7 “developed” nations, it only happens like this in Japan.

I’m talking about Japan’s issues with child custody and access after divorce.

Japan has something called the Family Registry (koseki) system. It serves the important purposes of not only conferring Japanese citizenship, it also prioritizes the family unit over the individual. A throwback system unamended for more than a century, the Family Registry has a major bug: If you get divorced, the bureaucracy forces the couple as a registered family unit to cleave back into two unconnected individuals with completely severed family ties.

The problem is that children are likewise forced into one severed family registry or another, This means they lose all legal ties with one parent, and that parent (usually the father) has not rights of joint custody or child visitation. This means that divorce in Japan completely disappears a “Left Behind Parent’ (LBP) from a child’s life. This invisibility is enforced by the rest of society too…

After decades of international exposure, embarrassment, broken treaty promises, xenophobic and racist tropes, and deprived children, Japan finally changes its laws to allow joint custody of children after divorce, taking effect in 2026.

Posted on May 19, 2024May 20, 2024 by Debito Arudou, Ph.D.

Debito.org has been quiet on these developments until they actually came to fruition, and now that they have, it’s time to cheer. Japan has finally gotten around to fixing one of its worst-kept secrets: Child Abductions after divorces. After years of international pressure (and all manner of racist justifications of the status quo, including even the Foreign Ministry accusing foreigners of being naturally violent, and Japan offering safe haven for international child abductions despite signing an international treaty against it), the Diet has just passed legislation allowing for joint custody after divorce. Meaning both parents now have the ability to have a say in raising a child even if the relationship falls apart. It comes into effect in 2026 and will be reassessed five years later.

Debito.org has talked about this issue for decades (since I too lost all contact with my children after my divorce, which is in fact the norm in Japan, thanks to the Koseki Family Registry system forcing split couples to sever all legal family ties and thus all rights to any contact). Not only because NJ are particularly vulnerable to becoming “Left Behind Parents” in intercontinental relationships (since the J spouse can either make off with the child back to Japan or deprive you of a Spouse Visa), but also because this situation affected ALL divorces in Japan, regardless of nationality. It left all children in Japan vulnerable to being used a pawn used to punish one parent out of spite. And that would often carry on into adulthood, with the adult offspring hating the LBP parent without ever hearing both sides of the story or knowing the LBP cares about them. This is not normal even in peer countries. As the Mainichi notes below, “Japan had been the only country among the Group of Seven industrialized nation with no joint custody system, according to a Justice Ministry survey of other countries released in 2020.”

Anyway, this is an extremely positive and long overdue development, and it’s another example of Japanese domestic law not changing without international shame and pressure. It’s just a shame it couldn’t have happened decades ago when it would have made a difference to me and my divorced friends. Let’s hope this brings more reality to future relationships. Divorces are complicated. Adding more child abuse into the mix (and by this I mean the child abuse that is inherent in an automatic severance of custodial ties) just made it worse.

DEBITO.ORG NEWSLETTER NOVEMBER 5, 2014

Posted on November 5, 2014November 16, 2014 by Debito Arudou, Ph.D.

Table of Contents:
THE WEIRD EFFECTS OF JAPAN’S INTERNATIONAL BULLYING

1) From hate speech to witch hunt: Mainichi Editorial: Intimidation of universities employing ex-Asahi reporters intolerable; JINF Sakurai Yoshiko advocates GOJ historical revisionism overseas
2) Georgetown prof Dr. Kevin Doak honored by Sakurai Yoshiko’s JINF group for concept of “civic nationalism” (as opposed to ethnic nationalism) in Japan
3) Fun Facts #19: JT: Supreme Court denying welfare for NJ residents inspires exclusionary policy proposals by fringe politicians; yet the math does not equal the hype
4) Osaka Mayor Hashimoto vs Zaitokukai Sakurai: I say, bully for Hash for standing up to the bully boys
5) Two recent JT columns (domestic & international authors) revealing the damage done by PM Abe to Japan’s int’l image

… and finally…
6) Japan Times JBC column 80: “Biased pamphlet bodes ill for left-behind parents”, on MOFA propagandizing re Hague Treaty on Child Abductions

Japan Times JBC 80 October 8, 2014: “Biased pamphlet bodes ill for left-behind parents”, on MOFA propagandizing re Hague Treaty on Child Abductions

Posted on October 10, 2014May 21, 2021 by Debito Arudou, Ph.D.

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…

DEBITO.ORG NEWSLETTER OCTOBER 9, 2014

Posted on October 9, 2014October 12, 2014 by Debito Arudou, Ph.D.

Table of Contents:
HATE SPEECH AND THE BLAME GAME

1) Blame Game #433: JT on “Rumors of Foreign Looters in Hiroshima Unfounded”, “Social Media Rehashes Historical Hate”, and Economist on unoptimistic outcomes re hate speech law
2) Asahi Editorial: PM Abe and his Cabinet picks must clarify stance on Zaitokukai, racism
3) JT on hate speech and GOJ’s connections to organized crime: “Yakuza do what Abe Cabinet’s Yamatani can’t”
4) Blame Game #432: J-Cast.com reports Mt. Fuji is covered in human poop, speculates due to increase in foreign tourists

OUTRIGHT MEANNESS AND DECEPTION
5) JT: Ishihara and Hiranuma’s conservative party to submit bill halting welfare for needy NJ a la July Supreme Court decision
6) 2014 MOFA pamphlet explaining Hague Treaty on Child Abductions to J citizens (full text with synopsis, including child-beating NJ father on cover & victimized J mothers throughout)
7) SCMP (Hong Kong) on MOFA Hague Pamphlet: “‘Racist’ cartoon issued by Japanese ministry angers rights activists”, cites Debito.org (UPDATE: Also makes Huffington Post Japan in Japanese & Al Jazeera)

GOOD NEWS
8 ) Quoted in BBC Brasil (original Portuguese & machine E translation): “Japan receives criticism from the UN after wave of xenophobia in the streets”
9) Debito receives his Ph.D. Sept. 18, 2014, at Meiji Gakuin University ceremony. Photo included.

… AND FINALLY… (I forgot to append my column to the Newsletter last month, so here are two of them this month)
10) My Japan Times JUST BE CAUSE column 78, August 14, 2014, “Past victimhood blinds Japan to present-day racial discrimination”
11) Japan Times JUST BE CAUSE column 79, on Japan’s Visible Minorities, Sept. 4, 2014 (version with links to sources)

2014 MOFA pamphlet explaining Hague Treaty on Child Abductions to J citizens (full text with synopsis, including child-beating NJ father on cover & victimized J mothers throughout) UPDATE: With link to MOFA pdf and official E translation

Posted on September 14, 2014September 27, 2014 by Debito Arudou, Ph.D.

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.

United Nations demands Tokyo introduce anti-discrimination law to counter hate speech (HRC report CCPR/C/JPN/CO/6 text included in full, citing “Japanese Only” signs, thanks)

Posted on August 22, 2014 by Debito Arudou, Ph.D.

Good news. The United Nations has once again reviewed Japan’s human rights record (preliminary report below), and found it wanting. Here’s the bit that has been cited in Japan’s news media (also below):
=======================
Human Rights Committee
Concluding observations (2014) CCPR/C/JPN/CO/6
ADVANCE UNEDITED VERSION
Human Rights Committee
Concluding observations on the sixth periodic report of Japan (excerpt)

Hate speech and racial discrimination
12. The Committee expresses concern at the widespread racist discourse against members of minority groups, such as Koreans, Chinese or Burakumin, inciting hatred and discrimination against them, and the insufficient protection granted against these acts in the criminal and civil code. The Committee also expresses concern at the high number of extremist demonstrations authorised, the harassment and violence perpetrated against minorities, including against foreign students, as well the open display in private establishments of signs such as “Japanese only” (arts. 2, 19, 20 and 27).

The State should prohibit all propaganda advocating racial superiority or hatred that incites to discrimination, hostility or violence, and should prohibit demonstrations that intended to disseminate such propaganda. The State party should also allocate sufficient resources for awareness-raising campaigns against racism and increase its efforts to ensure that judges, prosecutors and police officials are trained to be able to detect hate and racially motivated crimes. The State party should also take all necessary steps to prevent racist attacks and to ensure that the alleged perpetrators are thoroughly investigated and prosecuted and, if convicted, punished with appropriate sanctions.
=======================

COMMENT: Happy to see the generally-overlooked aftermath of the Otaru Onsens Case and the information on Debito.org’s Rogues’ Gallery of Exclusionary Establishments is still being cited. Keep the pressure on, UN. The media reaction and the UN report in full follows, and there’s lots more important stuff (including issues of “Trainee” NJ slave-wage work, Japan’s historical wartime sexual slavery, abuses of police power, and even Fukushima irradiation!)

My Japan Times JUST BE CAUSE column January 7, 2014: “The empire strikes back: The top issues for NJ in 2013”, with links to sources

Posted on January 6, 2014January 20, 2014 by Debito Arudou, Ph.D.

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

Bubbling under:
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

DEBITO.ORG NEWSLETTER JUNE 3, 2013

Posted on June 3, 2013 by Debito Arudou, Ph.D.

Table of Contents:
1) Aichi Police online announcement about Junkai Renraku door-to-door cop visits. Happening in your neighborhood?
2) 2012 revisions to immigration and registry laws shaking down NJ for Pension & Health Insurance back payments
3) Asahi on arrest of Zaitokukai participant in anti-Korean demo; J-Cast on anti-Korean stuff being sold at Dietmember kaikan; Osaka sign saying “Stop Scrawling Discriminatory Graffiti”
4) Good news: GOJ signs Hague Child Abductions Treaty. Bad news: GOJ will probably caveat its way out of ever following it
5) Discussion: Osaka Mayor Hashimoto and GOJ WWII Sexual Slavery System: A brave debate that is suddenly and disingenuously circumspect
… and finally…
6) Japan Times JUST BE CAUSE Column 63, May 14, 2013: “Police, media must consider plight of those caught in linguistic dragnet”

Good news: GOJ signs Hague Child Abductions Treaty. Bad news: GOJ will probably caveat its way out of ever following it

Posted on May 24, 2013May 24, 2013 by Debito Arudou, Ph.D.

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.

DEBITO.ORG NEWSLETTER APRIL 2, 2012

Posted on April 3, 2012April 3, 2012 by Debito Arudou, Ph.D.

Table of Contents:
SOME FALSE ALARMS:
1) Naha City now requires JETs/AETs and JTEs to provide urine sample (drug test?) for contract renewal
2) Mainichi: 23 percent of Japan’s top firms eager to employ more NJ. Why this is not newsworthy.
3) Asahi & AFP on GOJ proposals re observing Hague Child Abduction Treaty, more loopholes such as NJ DV, and even bonus racist imagery

SOME WARRANTED ALARMS:
4) Asahi: Tokyo District Court rules denying J citizenship to children born overseas with one J parent constitutional
5) Discussion: Reader Eric C writes in with an argument for “giving up on Japan”. What do you think?

BUILDUP TO MY COLUMN THIS MONTH:
6) Powerpoint presentation on the J media-manufactured Myth of “Flyjin”; stats are in, lies are exposed
7) Congratulations Donald Keene on getting Japanese citizenship. Now stop making yourself out to be somehow morally superior to NJ.
8 ) Psych Today and DailyLife.com on “Microaggression”, an interesting way to look at subtle social “othering”
… and finally…
9) Japan Times JUST BE CAUSE Column 49: “Japan’s revolving-door immigration policy hard-wired to fail”

Asahi & AFP on GOJ proposals re observing Hague Child Abduction Treaty, more loopholes such as NJ DV, and even bonus racist imagery

Posted on March 12, 2012March 12, 2012 by Debito Arudou, Ph.D.

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.

DEBITO.ORG NEWSLETTER DECEMBER 5, 2011

Posted on December 5, 2011 by Debito Arudou, Ph.D.

Table of Contents:
1) David Slater and Yomiuri on how activism re Fukushima is being stifled, contamination efforts stymied
2) Movie about Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, already in the works — based upon his book. Ick.
3) MOFA offers public comments on signing Hague Convention on Child Abductions; not much there
4) UPDATE: Post-divorce J child abductor Inoue Emiko DOES get book thrown at her in Milwaukee court, will return abducted child to custodial NJ father
5) Thai flood victims getting 6-month visas into Japan to maintain Japan Inc.’s supply lines, then booted back home
6) The tug of war continues: Fukuoka High Court overrules Oita District Court that doubted, then affirmed, Oita Prefectural Govt’s denial of welfare benefits to superannuated NJ Permanent Resident
7) Debito.org Dejima Award to Japan Rugby Football Union, blaming J losses on “too many foreign players”, including naturalized former NJ
8 ) Japan Times: Colin Jones on schizophrenic J constitution regarding civil and human rights of NJ residents
9) Japan Times: More NPA behavioral oddities re alleged murders of Scott Kang and Matthew Lacey Cases
10) Suraj Case of police brutality and death during Immigration deportation in Japan Times Nov 1, 2011
11) Have Your Say: Letters to the Editor re my Oct 4 2011 Japan Times JBC column, “Japan needs less ganbatte, more genuine action”

…and finally…
12) My Japan Times JUST BE CAUSE column 45 Nov 1, 2011: “The costly fallout of tatemae and Japan’s culture of deceit”

MOFA offers public comments on signing Hague Convention on Child Abductions; not much there

Posted on November 27, 2011 by Debito Arudou, Ph.D.

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.

UPDATE: Post-divorce J child abductor Inoue Emiko DOES get book thrown at her in Milwaukee court, will return abducted child to custodial NJ father

Posted on November 23, 2011December 26, 2011 by Debito Arudou, Ph.D.

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!

DEBITO.ORG NEWSLETTER JULY 18, 2011

Posted on July 18, 2011 by Debito Arudou, Ph.D.

Table of Contents:
DEEP THOUGHTS FROM DEEP THINKERS
1) M.G. “Bucky” Sheftall academic paper on “Shattered Gods” and the dying mythology of “Japaneseness”
2) Peter Tasker in Foreign Policy Magazine: “Japan will rebuild, but not how you think”.
Takes opportunity of Japan’s worst postwar disaster to re-advance outmoded Chrysanthemum Club-ism.
3) Terrie’s Take on how Japanese companies are too “addicted” to cheap Chinese “Trainee” labor to hire unemployed Japanese
4) Donald Keene prattles on about why he’s naturalizing in SAPIO, even takes a cheap shot at NJ
5) Tokyo Gov Ishihara bids for 2020 Olympics through earthquake sympathy vote; also calls for Japan to have nukes, military conscription, and military-led government

THE MONTHLY MODICUM OF BAD SOCIAL SCIENCE
6) Bad social paradigms encouraging bad social science: UC Berkeley prof idiotically counts “flyjin” for H-Japan listserv
7) Reuters Expose: Japan’s ‘throwaway’ nuclear workers, including NJ “temporary temps”
8 ) 2011’s annual GOJ Spot the Illegal Alien campaign enlists Tokyo Metro, deputizes general public with posters of cute and compliant NJ

LET’S NOT LEAVE OUT EXCLUSIONISM
9) Zaitokukai Neonazis march in Tokyo Shibuya July 9, 2011, with ugly invective
10) BV inter alia on J bureaucrat exclusionary attitudes when registering his newborn multicultural child at Shibuya Kuyakusho
11) Mark Austin reports that Otaru, site of the famous onsen lawsuit, still has a “Japanese Only” establishment, “Monika”
12) Kyodo: Soccer S-Pulse coach Ghotbi wants to meet banned fans over racial banner
13) Joel Legendre-Koizumi on the J media’s blackout on PM Kan’s proposals

PORTENTS OF THE FUTURE
14) Adidas assesses the “history of poor treatment of migrant workers in Japan”, now monitoring JITCO in conjunction with other major overseas outsourcers
15) US State Department report 2011: “Japan’s Foreign trainee program ‘like human trafficking'”
16) Asahi: NJ Nurse trainees leave Japan despite 1-year extension to taking qualifying test
17) Quoted in Asia Weekly: “Falling birthrate, rising life expectancy afflict Japan”
18 ) Child Abductions Issue: How Japan’s debate on defining “Domestic Violence”, the loophole in enforcing the Hague Treaty, is heading in the wrong direction
19) Weekend Tangent: The euphoria of collective attack and parental alienation syndrome

PODCASTS
20) PODCAST: KQED-FM Pacific Time broadcast 14 Dec 2000, Arudou Debito reports on naturalizing in Japan (part 1 of 3)
21) PODCAST: KQED-FM Pacific Time broadcast 21 Dec 2000, Arudou Debito reports on J naturalization process (part 2 of 3)
22) PODCAST: KQED-FM Pacific Time broadcast 28 Dec 2000, Arudou Debito reports on naturalizing and name changes in Japan (part 3 of 3)
23) PODCAST: NPR All Things Considered on Arudou Debito’s naturalization July 3, 2003
24) PODCAST: NPR All Things Considered on Brooklynite Anthony Bianchi’s election to Inuyama City Council, April 30, 2003
25) DEBITO.ORG PODCAST JULY 1, 2011: FCCJ Book Break on IN APPROPRIATE, June 28, 2011

… and finally…
26) Japan Times JUST BE CAUSE Column July 5, 2011: “Lives such as Daniel’s deserve to be honored in these pages”

US State Department report 2011: “Japan’s Foreign trainee program ‘like human trafficking'”

Posted on July 2, 2011July 2, 2011 by Debito Arudou, Ph.D.

Yomiuri: Regarding conditions for foreign trainees in Japan, the [US State Department] noted “the media and NGOs continued to report abuses including debt bondage, restrictions on movement, unpaid wages, overtime, fraud and contracting workers out to different employers–elements which contribute to situations of trafficking.” The Japanese government has not officially recognized the existence of such problems, the report said. It also said Japan “did not identify or provide protection to any victims of forced labor.”

Asahi: The report said, “Japan is a destination, source, and transit country for men, women, and children subjected to forced labor and sex trafficking… The State Department recommended the Japanese government strengthen efforts to investigate, prosecute and punish acts of forced labor, including those that fall within the foreign trainee program.

COMMENT: The U.S. State Department report text in full included in this blog entry.

Weekend Tangent: The euphoria of collective attack and parental alienation syndrome

Posted on June 19, 2011 by Debito Arudou, Ph.D.

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…

Review of my book IN APPROPRIATE and interview at JETAA-NY’s Examiner.com

Posted on May 3, 2011 by Debito Arudou, Ph.D.

Examiner.com: Divorce is tough, but divorce in Japan—especially if you’re a foreigner with kids—is a nightmare, explains Sapporo-based author Arudou Debito in his new book, “In Appropriate: A Novel of Culture, Kidnapping, and Revenge in Modern Japan”.

Originally raised in rural upstate New York as David Aldwinckle, Debito is a 23-year resident of Japan who obtained Japanese citizenship (and a name change) in 2000. As the Just Be Cause columnist at The Japan Times newspaper, his nonfiction books include Handbook for Newcomers, Migrants, and Immigrants, and Japanese Only: The Otaru Hot Springs Case and Racial Discrimination in Japan.

A longtime watchdog for foreigners’ rights in Japan, Debito’s first English-language novel takes a scalpel to the polite, friendly façade that tourists typically experience. In Appropriate examines the downright ugly aspects of Japanese life when a father is cut from all ties with his children post-divorce, which is not only common in Japan, but upheld by 19th century law. In this exclusive interview, Debito discusses his personal experiences that inspired the book, his history as an activist, and his thoughts on the future of Japan.

Q: You’ve been known as an activist for over a decade and have published non-fiction works on the subject. What inspired you to write about child abduction in Japan, and what were your goals?

DEBITO: My goal with In Appropriate was to expose a dire social problem, as usual. But this time I thought fiction would be the better medium. Doing what I do, I hear a lot of stories about broken marriages in Japan, and having gone through a nasty divorce myself (seeing my children only about six times since 2003), I know a little bit about child abduction. What goes on in Japan beggars belief, but it’s hard to zero in on one non-fiction case and expect it to cover the scope of the problem.

Although international child abductions in other countries have gotten some press, the situation in Japan is much, much worse. Child abductions and parental alienation in Japan are, in a word, systematic—meaning they are hardly uncommon between Japanese, too (former prime minister Junichiro Koizumi is a famous example; he never saw one of his sons for nearly two decades). One parent after a divorce is generally expected to disappear, and have little to no contact with the children anymore. In Appropriate was meant as a primer to the issue.

Japan has no system of joint custody or guaranteed visitation rights, and under this system I cannot recommend anyone, Japanese or non-Japanese (NJ), get married under it and consider having children. The risk is too great. We need fundamental reform of the Family Registry System and the laws governing divorce and child custody first.

Q: Give us a basic overview on the phenomenon of kidnapping and left-behind parents in Japan….

Mar 31 UN Rep Bustamante’s Full Press Release on Japan’s Human Rights Record

Posted on March 31, 2010April 6, 2010 by Debito Arudou, Ph.D.

PRESS RELEASE MARCH 31, 2010: UN MIGRANTS RIGHTS EXPERT URGES JAPAN TO INCREASE PROTECTION OF MIGRANTS (excerpt)

TOKYO – The UN expert on migrants’ human rights on Wednesday praised Japan for some of the measures it has taken to alleviate the impact of the economic crisis on migrants, but, based on information provided by civil society, he noted that it is still facing a range of challenges, including racism and discrimination, exploitation, a tendency by the judiciary and police to ignore their rights and the overall lack of a comprehensive immigration policy that incorporates human rights protection…

The Special Rapporteur said, many challenges still need to be addressed by the Government in order to protect the human rights of migrants and their children. He listed some of the most important, along with some preliminary recommendations on how to improve the situation:

Japan Times update on current J child abductions after divorce & Hague Treaty nego: USG still pressuring GOJ

Posted on March 20, 2010 by Debito Arudou, Ph.D.

The following Japan Times article wouldn’t normally be put up on Debito.org yet because the negotiation is ongoing (covering much the same argumentative ground as already reported here), and nothing necessarily decisive has been decided. However, a new development in the USG’s constant-looking pressure on the GOJ to sign the Hague, and do something about its citizens using Japan as a haven for child abductions after divorce, is the fact that somebody official is bothering to answer the GOJ claim that obeying the Hague would mean sending back J children to be endangered by an abusive NJ parent (I’ll take that as a slur, thank you very much). Excerpts from the JT article below.

UN CERD Recommendations to GOJ Mar 2010 CERD/C/JPN/CO/3-6, takes up our issues well

Posted on March 18, 2010March 18, 2010 by Debito Arudou, Ph.D.

The United Nations Convention on the Elimination of Racial Discrimination (CERD) Committee just issued its latest recommendations to the GOJ on March 16, stating what Japan should be doing to abide by the treaty they effected nearly a decade and a half ago, in 1996.

Guess what: A lot of it is retread (as they admit) of what the CERD Commitee first recommended in 2001 (when Japan submitted its first report, years late), and Japan still hasn’t done.

To me, unsurprising, but it’s still nice to see the UN more than a little sarcastic towards the GOJ’s egregious and even somewhat obnoxious negligence towards international treaties. For example, when it set the deadline for the GOJ’s answer to these recommendations for January 14, 2013, it wrote:

UN: “Noting that the State party report was considerably overdue, the Committee requests the State party to be mindful of the deadline set for the submission of future reports in order to meet its obligations under the Convention.”

Again, some more juicy quotes, then the full report, with issues germane to Debito.org in boldface. Arudou Debito in Sapporo

===========================

7. The Committee notes with concern that insufficient information regarding the concrete measures for the implementation of its previous concluding observations (2001) was provided by the State Party and regrets their overall limited implementation as well as that of the Convention as a whole.

9. The Committee notes the State party’s view that a national anti-discrimination law is not necessary and is concerned about the consequent inability of individuals or groups to seek legal redress for discrimination (art. 2). [meaning under current Japanese law, FRANCA cannot sue the Sumo Association for its recent racist rules counting foreign-born sumo wrestlers as foreign even if they naturalize. Nor will Japan allow class-action lawsuits. The UN says this must change.] The Committee reiterates its recommendation from previous concluding observations (2001) and urges the State party to consider adopting specific legislation to outlaw direct and indirect racial discrimination…

13. […] The Committee reiterates its view that the prohibition of the dissemination of ideas based upon racial superiority or hatred is compatible with freedom of opinion and expression and in this respect, encourages the State party to examine the need to maintain its reservations to article 4 (a) and (b) of the Convention with a view to reducing their scope and preferably their withdrawal. The Committee recalls that the exercise of the right to freedom of expression carries with it special duties and responsibilities, in particular the obligation not to disseminate racist ideas and calls upon the State party once again to take into account the Committee’s general recommendations No. 7 (1985) and No. 15 (1993)…

14. […] the Committee reiterates its concern from previous concluding observations (2001) that discriminatory statements by public officials persist and regrets the absence of administrative or legal action…

22. (b) […] the principle of compulsory education is not fully applied to children of foreigners in the State party in conformity with articles 5 (e.v) of the Convention; 28 of the Convention on the Rights of the Child; and 13 (2) of the Convention on Economic, Social and Cultural Rights, all of which Japan is a party;

24. The Committee expresses its concern about cases of difficulty in relations between Japanese and non-Japanese and in particular, cases of race and nationality-based refusals of the right of access to places and services intended for use by the general public, such as restaurants, family public bathhouses, stores and hotels, in violation of article 5 (f) of the Convention (art. 2, 5).

The Committee recommends that the State party counter this generalized attitude through educational activities directed to the population as a whole and that it adopt a national law making illegal the refusal of entry to places open to the public.

29. The Committee encourages the State party to consider making the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints.

UN: Transcript of the Japanese Government CERD Review (76th Session), Feb 24 & 25, Geneva. Point: Same GOJ session tactics as before.

Posted on March 10, 2010March 10, 2010 by Debito Arudou, Ph.D.

What follows is the full text of the GOJ’s meeting Feb 24-25, 2010, with the United Nations Committee on the Elimination of Racial Discrimination, something it faces for review every two years.

Media-digested highlights of this meeting already up on Debito.org here.

Although it was noteworthy for having 14 Japanese delegates from five different ministries (something the UN delegates remarked upon repeatedly), quite frankly, the 2010 session wasn’t much different from the previous two reviews. In that: The CERD Committee tells the GOJ to do something, and the GOJ gives reasons why things can’t change (or offers cosmetic changes as evidence that things are changing; it even cites numerous times the new Hatoyama Government as evidence of change, and as a reason why we can’t say anything conclusive yet about where human rights improvements will happen). The 2008 review was particularly laughable, as it said that Japan was making “every conceivable measure to fight against racial discrimination”. I guess an actual law against racial discrimination isn’t a conceivable measure. As the GOJ delegates say below, it still isn’t. But it is according to the CERD Committee below.

In sum, the biannual to-and-fro has become Grand Kabuki. And while things got bogged down in the standard “minority” questions (Ainu, Ryukyuans, Burakumin, and Zainichis — all worthy causes in themselves, of course), very little time was spent on “Newcomer” minorities, as in, the NJ (or former-NJ) immigrants who are now here long-term. People like me, as in racially-diverse Japanese, aren’t seen as a minority yet, even though we very definitely are by any UN definition. Plus, hardly any time was devoted at all to discussing the “Japanese Only” signs extant throughout Japan for many UN sessions now, the most simple and glaring violation of the CERD yet.

I haven’t the time to critique the whole session text below, but you can look at the 2008 session here (which I did critique) and get much the same idea. I have put certain items of interest to Debito.org in boldface, and here are some pencil-dropping excerpted quotes:

SMJ/NGO combined report for UN CERD Committee regarding Japan’s human rights record

Posted on February 22, 2010 by Debito Arudou, Ph.D.

The Government of Japan comes under review this month in Geneva by the United Nations Committee on the Elimination of Racial Discrimination. I was invited to submit a chapter for a report to the UN by the NGO Solidarity with Migrants Japan (SMJ) on how Japan is doing with enforcing it.

NGO Report Regarding the Rights of Non-Japanese Nationals, Minorities of Foreign Origins, and Refugees in Japan.

Prepared for the 76th United Nations Committee on the Elimination of Racial Discrimination Session February 2010
Compiled and published by: Solidarity Network with Migrants Japan (SMJ)

CHAPTER 2 Race and Nationality-based Entrance Refusals at Private and Quasi-Public Establishments By Debito Arudou. Page 7

As I conclude:

“In conclusion, the situation is that in Japan, racial discrimination remains unconstitutional and unlawful under the ICERD, yet not illegal. Japan has had more than a decade since 1996 to pass a criminal law against RD. Its failure to do so can only be interpreted as a clear violation of ICERD Article 2(1): “States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay [emphasis added] a policy of eliminating racial discrimination.” We urge the Committee to make the appropriate advisements to the Japanese government to pass a law against racial discrimination without any further delay.”

Enjoy. Let’s see how the UN and GOJ respond. Here’s how the GOJ responded in 2008 — read and guffaw at their claim that they have taken “every conceivable measure to fight against racial discrimination”.

DEBITO.ORG NEWSLETTER JANUARY 16, 2010

Posted on January 16, 2010 by Debito Arudou, Ph.D.

Table of Contents:
DISCUSSIONS
1) Query: What to do about J children being rude towards NJ adults? (also Debito.org Poll on the subject)
2) Discussion: KFC Australia’s “racist” CM vs McD Japan’s “Mr James”
3) NZ publisher prints “Tales of Gaijin”; I have to withdraw submission due to rubric I cannot accept

UPDATES
4) Fukushima Prefectural Tourist Information website advertises that now 318 of its hotels refuse NJ clients
5) GAIJIN HANZAI Magazine becomes a “Taboo” topic in a 2007 magazine, victimizing J publisher
6) A Debito.org Reader updates on Toyoko Inn’s discriminatory treatment of NJ clients
7) Asahi Shinbun Jan 8 “Japan edges closer to signing Hague Convention” on Child Abductions issue, still mentions NJ “DV concerns”
8 ) Mainichi: New real estate guarantor service set up for NJ residents

WEIRD STUFF
9) Getchan on Japan Post’s recent anti-terrorism half-measures regarding parcels
10) DNA checks of “hakujin” at my university (?!?)

… and finally …
11) Japan Times JUST BE CAUSE column Jan 5 with my top ten NJ human rights issues for 2009 (full text)
read aloud in
DEBITO.ORG PODCAST JANUARY 10, 2010

Asahi Shinbun Jan 8 “Japan edges closer to signing Hague Convention” on Child Abductions issue, still mentions NJ “DV concerns”

Posted on January 12, 2010 by Debito Arudou, Ph.D.

New article in the Asahi re the GOJ and the Child Abductions Issue re signing the Hague Convention. As submitter PT comments:

“Note the Red Herring of Domestic Violence thrown out by Justice Minister Chiba in the last sentence. Interesting how the Japanese Government refuses to involve their justice ministry in talks with the US, yet they are quick to put forward a quote from the Justice Minister when pushing back on reasons against signing the Hague.” Article follows.

Int’l Child Abduction issue update: Chinese found guilty in J court of abducting daughters, MOFA sets up panel on issue

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

Three articles (two with original Japanese) below charting a couple of interesting developments regarding Japan as an international haven for child abductions.

The first article is what happens when the shoe’s on the other foot, and the NJ parent goes on trial for allegedly abducting his or her child from Japan — the Japanese authorities eventually convict the NJ. Asahi reports a Chinese father was found guilty (sentence suspended) in Japanese court of successfully, shall we say, “committing a Savoie” — actually getting his Japanese-Chinese daughters out of Japan (moreover after a J court awarded his ex-wife custody). The story follows below, but one of the daughters came back to Japan from China and stayed on, and the father came over to get her — whereupon he was arrested and put on trial. Now the mother wants Japan to sign the Hague Convention to protect Japanese from abductions (well, fine, but neither China nor Japan is a party, so there you go; oddly enough, accusations of spousal abuse — as in this case — are being leveled conversely as reasons for Japan NOT to sign the Convention). Just sign the damn thing, already.

The second article is from the Mainichi highly critical of the Japanese consulate in Shanghai for renewing the daughters’ J passports without consent of the J mother overseas. Even though this is standard operating procedure when a Japanese spouse wants to bring the children back to Japan from overseas. It only seems to make the news when the valve is used against the Japanese spouse.

Final irony: Quoth the judge who ruled in this case, “It is impossible to imagine the mental anguish of being separated for such a long time from the children she loved.” Well, that works both ways, doesn’t it? Why has there never been a child returned by a Japanese court to a NJ parent overseas? Why didn’t this matter in, for example, the Murray Wood Case, when overseas courts granted custody to the NJ father yet the Saitama Family Court ruled against him? And how about the plenty of other cases slowly being racked up to paint a picture that NJ get a raw deal in Japanese courts?

The third article (following the original Japanese versions of the first two) is how Minister Okada of the Foreign Ministry is setting up a special task force on this issue. Good. But let’s see if it can break precedent by acknowledging that NJ have as much right to access and custody of their children as Japanese do. Dubious at this juncture.

DEBITO.ORG NEWSLETTER NOVEMBER 25, 2009

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

Table of Contents:
DISCRIMINATION TOPICS
1) UN CERD Questions to GOJ re elimination of racial discrim (CERD/C/JPN/Q/3-6 Nov 17 2009)
2) NPR interview with Jake Adelstein, author “Tokyo Vice”, on how police and laws do not stop NJ human trafficking in Japan
3) “Japanese speakers only” Kyoto exclusionary hotel stands by its rules, says it’s doing nothing unlawful
4) UPDATE: Kyoto Tourist Association replies, tells Kyoto hotel “Kyou no Yado” to stop “Japanese speakers only” rules

IMMIGRATION TOPICS
5) AFP: PM Hatoyama strongly hints he wants immigration to Japan (bonus: PM Hatoyama Newsletter Nov 4)
6) Ruling coalition currently not considering NJ human rights laws beyond PR suffrage: Dietmember Aihara
7) Mainichi: DPJ split over bill to give NJ permanent residents right to vote
8 ) Mainichi: Schools for foreigners, technical colleges included in DPJ’s free high school lesson plan. IF already MOE “accredited”
9) Xinhua & Chosun Ilbo: South Korea has drafted dual nationality laws
10) Scotchneat on Fuji TV show laying blind biological claims to intellectual Asian kids abroad

UPDATED TOPICS
11) TODAY show (USA) on Savoie Child Abduction Case: father Chris’s treatment by J police, return to US, aftermath
12) Mutantfrog’s Joe Jones’s excellent discussion of rights and wrongs of divorce in Japan; causes stark conclusions for me
13) Brief essay on Nov 13 Hatoyama-Obama press conference; discussion of Obama’s Japan visit

OFFBEAT TOPICS
14) DEBITO.ORG POLL: What do you think about Obama’s “deep bow cum handshake” with the Emperor?
15) Tangent: Korea Herald: Attitudes in Korea towards budget travelers: open up love hotels?
16) Holiday Tangent: Delightful Maure Memorial Museum in the middle of nowhere, Hokkaido

DEBITO.ORG TOPICS
17) All of DEBITO.ORG’S PODCASTS are now available at iTunes, subscribe for free
18) Next Japan Times JUST BE CAUSE column out Tues Dec 1, on advice to DPJ re NJ policies

… and finally …
19) Sunday Tangent: SAPPORO SOURCE DEBITO Column on the power of humor and how it preserves sanity (full text)

Mutantfrog’s Joe Jones’s excellent discussion of rights and wrongs of divorce in Japan; causes stark conclusions for me

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

I often stop by an excellent website run by some young-Turk commentators on Japan called Mutantfrog. Full of insight and well-thought-out essays, one caught my eye a few weeks ago regarding what the Savoie Child Abduction Case has brought to the fore about divorce in Japan. It made me draw some harsh conclusions. Here they are:

NOBODY SHOULD GET MARRIED AND HAVE CHILDREN UNDER THE CURRENT MARRIAGE LAWS AND FAMILY REGISTRATION SYSTEM IN JAPAN.

NOT JAPANESE. NOT NON-JAPANESE. NOT ANYONE.

Because if people marry and have kids, one parent will lose them, meaning all legal ties, custody rights, and visitation rights, in the event of a divorce. This is not good for the children.

Japan has had marriage laws essentially unamended since 1898! (See Fuess, Divorce in Japan) Clearly this does not reflect a modern situation, and until this changes people should go Common-Law (also not an option in Japan), and make it clear to their representatives that Japan’s current legal situation is not family-friendly enough for them to tie the knot.

Some reforms necessary:

Abolition of the Koseki Family Registration system (because that is what makes children property of one parent or the other, and puts NJ at a huge disadvantage).

Recognize Visitation Rights (menkai ken) for both parents during separation and after divorce.

Recognize Joint Custody (kyoudou kango ken) after divorce.

Enforce the Hague Convention on Child Abductions and the Convention on the Rights of the Child.

Enforce overseas custody court decisions in Japanese courts.

Recognize “Irreconcilable Differences” (seikaku no fuitchi) as grounds for divorce.

Shorten legal separation (bekkyo) times from the current benchmark of around five years to one or two.

Stock the Mediation Councils (choutei) with real professionals and trained marriage counselors (not yuushikisha (“people with awareness”), who are essentially folks off the street with no standardized credentials).

Strengthen Family Court powers to enforce contempt of court for perjury (lying is frequent in divorce proceedings and currently essentially unpunishable), and force police to enforce court orders involving restraining orders and domestic violence (Japanese police are disinclined to get involved in family disputes).

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.

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)

Yomiuri: UN set to criticize Japan for lack of gender equality and flawed marriage law (read: child abductions after divorce)

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

Yomiuri describes the political business as usual regarding another facet of human rights in Japan:

A legislator-sponsored bill calling for a revision of the Civil Code in response to CEDAW recommendations has been repeatedly presented to the Diet. But the bill that would delete provisions that discriminate against women has been scrapped every time without in-depth deliberation.

Japan’s failure to ratify the Optional Protocol on the convention on the elimination of discrimination against women also is being questioned by the international community.

The protocol stipulates that a mechanism should be put in place that would allow individual women who have exhausted legal and other avenues available within Japan to report directly to CEDAW to ask them to inquire into alleged human rights violations against them.

As Japan has been repeatedly urged to ratify the protocol, government ministries and agencies concerned have been studying the wisdom of doing so.

However, with many politicians expressing wariness about signing a protocol they say might come into conflict with the principle of independence of the nation’s judiciary, no earnest discussions have yet to take place in the political arena.

IHT/Asahi on Japan’s reticence to sign Hague Treaty on Child Abduction

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

Asahi: Broken international marriages involving Japanese in which one parent takes offspring overseas without the other’s consent are on the rise, putting the government in a bind about how to deal with such cases.

The question is whether Japan should be a party to an international treaty aimed at settling such parental “abduction” disputes across national borders.

Tokyo is under pressure–from within and from outside–to join the Hague Convention on the Civil Aspects of International Child Abduction of 1980, which now has 81 parties.

According to embassies here, there have been 73 child abductions by Japanese parents from the United States, 36 from Britain and 33 each from Canada and France. [NB: Time period not indicated.]

Lawyer Kensuke Ohnuki, who handles about 200 divorces among international matches a year, says most child “abductions” by Japanese women are a result of spousal violence. The treaty does not take a parent’s reason for fleeing into consideration, he said.

COMMENT: Leaving aside yet another media opportunity for this crank lawyer to make yet another bigoted statement, I’ll come out and say it plainly:

The GOJ doesn’t want to cooperate with these international treaties because we have enough trouble getting Japanese to have babies. We don’t want to surrender them to NJ overseas. I have heard that theory off the record from an international lawyer quoting somebody in the ministries. And I bet that even if Japan signs the Hague, it won’t enforce it (similar in the ways it will not enforce the CCPR or the CERD treaties). Why would the GOJ ever give more power over custody to NJ than it would its own citizens, who can already abduct and shut out one parent after divorce thanks in part to the koseki system?

Japan Times: New Gaijin Cards bill looks set to pass Diet

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

The revised bills, expected to be passed Friday by the Lower House, will abolish the Alien Registration Act and revise the immigration control and resident registration laws with sweeping changes that put information on foreign residents completely in the hands of the central government.

According to the draft, authority for managing foreign residents will shift from municipalities to the Immigration Bureau, allowing it to consolidate all personal information collected from foreign residents, including type of visa and expiration date…

“We need these bills to be enacted. We need to know how many foreigners there are and where they live. So consolidating information into the Justice Ministry is necessary,” Hosokawa said.

The bills also have a provision to prevent the ministry from using that data improperly, a decision that was made to ward off criticism that “the minister” could abuse the zairyu card number to violate foreigners’ privacy. But no penalty for such abuse was listed.

The practice, dubbed data-matching, was outlawed by the Supreme Court in regard to its use on Japanese citizens.

The provision says “the justice minister” must limit the use of foreign residents’ personal information to the minimum required for managing such residents and that the information must be handled with care to protect the rights of individuals. But no penalties or methods for enforcing such compliance are listed in the bills.

DEBITO.ORG NEWSLETTER MAY 29, 2009

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

THE SHADOW OF BIG BROTHER
1) Metropolis & Japan Today: “Proposed NJ resident registry card creates Big Brother concerns”
2) Japan Times on May 24 2009 new IC Chip Gaijin Card protest
3) Brazilian MTV on May 24 Protests on proposed IC Chip Gaijin Cards
4) Kyodo: GOJ proposes GPS tracking of criminals. SITYS.
5) Charles McJilton on how visa overstayers too get Gaijin Cards
6) Various respondents: Police crackdowns in Roppongi and elsewhere, Olympic Bid cleanup?
7) Sankei: Police “cleaning up” Roppongi of shitsukoi NJ

TANGENTS
8 ) Kyodo: 2 NJ defendants among first 13 new lay jury cases
9) NYT: Japanese Fans Mobilize to Keep Valentine as Their Manager
10) Sunday Tangent: America’s Japan Society now led by a Japanese
11) Sunday Tangent: Economist on UN racism conference fiasco, April 2009

UPCOMING PERFORMANCES
12) Monty DiPietro’s new play “Honiefaith”, June 5, 6, 7, Tokyo Shinjuku
13) Trans-Pacific Radio’s Live Seijigiri June 4 7:30 PM Shibuya Pink Cow

… and finally…
14) Japan Times May 19, 2009: “IC you: Bugging the Alien” article on new Gaijin Cards, full text

Japan Times May 20, 2009: “IC you: Bugging the Alien” article on new Gaijin Cards

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

Japan Times: I mentioned that embedded computer chip. The new Gaijin Card is a “smart card.” Most places worldwide issue smart cards for innocuous things like transportation and direct debit, and you have to swipe the card on a terminal to activate it. Carrying one is, at least, optional.

Not in Japan. Although the 2005 proposal suggested foreign “swiping stations” in public buildings, the technology already exists to read IC cards remotely. With Japan’s love of cutting-edge gadgets, data processing will probably not stop at the swipe. The authorities will be able to remotely scan crowds for foreigners.

In other words, the IC chip is a transponder — a bug.

Now imagine these scenarios: Not only can police scan and detect illegal aliens, but they can also uncover aliens of any stripe. It also means that anyone with access to IC chip scanners (they’re going cheap online) could possibly swipe your information. Happy to have your biometric information in the hands of thieves?

Moreover, this system will further encourage racial profiling. If police see somebody who looks alien yet doesn’t show up on their scanner (such as your naturalized author, or Japan’s thousands of international children), they will more likely target you for questioning — as in: “Hey, you! Stop! Why aren’t you detectable?”

DEBITO.ORG NEWSLETTER MAY 2, 2009

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

ANTI-NJ POLICY PROPOSALS, AND CONCOMITANT PROTESTS
1) Amnesty Intl May 24 Tokyo protest against Diet bills under deliberation to further police NJ residents
2) Japan Times: DPJ slams new Gaijin Cards and further tightening of NJ policing
3) Asahi: Domestic resistance to new IC Gaijin Cards
4) TIME Mag, Asahi, NY Times: “Japan to Immigrants: Thanks, but go home”
5) Economist.com blog piles on re Nikkei Repatriation Bribe
6) What if the GOJ was not a barrier to multiculturalism?
Asahi on Multiethnic Japan in LA’s Little Tokyo

MORE ASSISTANCE AND MIXED SIGNALS
7) The GOJ’s economic stimulus plan (teigaku kyuufukin):
Tokyo pamphlet on how to get your tax kickback
8 ) “Tokyo Reader” on odd rental contracts for apartments:
“lease” vs. “loan for use”? Plus Kyoutaku escrow for disputes
9) Economist on Japan buying LNG from Sakhalin (finally!) and Hokkaido’s missed opportunities
10) From the archives: How criminals fool the police: talk like foreigners!
11) Japan Times: Police surprisingly mellow when dealing with Japanese shoplifting

… and finally…

12) Get Japan Times next Tuesday May 5:
My next JUST BE CAUSE column out on Fujimori’s 31-year sentencing.

Asahi: domestic resistance to new IC Gaijin Cards

Posted on May 1, 2009 by Debito Arudou, Ph.D.

Asahi: The review of the proposed new section of the laws controlling residency of foreigners in Japan under exit and entry laws for foreigners is currently taking place in the Legal Subcommittee of the Lower House. Although on one hand it is expected that the law will have the effect of reducing illegal residency in Japan, on the other hand criticism is being heard that this law “Can be seen as nothing more than making foreigners (residing in Japan) an object of surveillance”…

Negative reactions, mainly from human rights NPO groups that support foreigners are very strong. Numerous faults with the law, have been pointed out one after the other–The requirement that foreigners carry the residency card with them at all times is excessive, criminal penalties for not carrying it are too heavy, canceling residency privileges because of errors in reporting address or because of getting married without reporting it are too severe, the human rights of foreigners who are attempting to flee from domestic violence are not protected, refugees, whose necessarily must undergo a lengthy administrative process are not covered by this law and their status is left vague (and other problems).

Hatate Akira, head of the group “Freedom and human rights coalition” has attacked the very philosophical basis of the law saying that “This new level of surveillance (of foreigners) will lead to increased discrimination” In response to this, the Japan Democratic Party has proposed dropping from the law the requirement to carry this identity card and the imposition of criminal penalties for not doing so, as well as other modifications…

DEBITO.ORG NEWSLETTER DECEMBER 16, 2008

Posted on December 16, 2008January 9, 2009 by Debito Arudou, Ph.D.

////////////////////////////////////////////////////
THINK OF THE CHILDREN…
1) Terrie’s Take on how NJ workers are the first to go in adverse economic conditions
2) Mainichi: Brazilian ethnic school closing due to NJ job cuts
3) Jason’s blog on next employment steps in Japan for NJ
4) Japan Times: Eric Johnston on Gunma NGO stopping ijime towards NJ students
5) AP: US court rules Japan has jurisdiction in child joint custody case
6) Sydney Morning Herald: Little Hope for Japan’s Abandoned Fathers

OTHER THINKS:
7) Grauniad: Japan comes down hard on Greenpeace whaling activists
8) Thoughts on seeing the Dalai Lama at the FCCJ Nov 3, 2008
9) Economist.com: Bilateral agreements to give US servicemen immunity from Japanese criminal procedure

… and finally…
10) Travelling around Japan in New Years’ and March. Want me to come speak?
Join me for Tokyo beers in January?
////////////////////////////////////////////////////

Sydney Morning Herald: Little hope for Japan’s Abandoned Fathers

Posted on December 16, 2008May 27, 2010 by Debito Arudou, Ph.D.

The story about Japan as a safe haven for internationally abducted kids spreads from Canada to the US to Australia, this time in the Sydney Morning Herald. And this time, the crank lawyer, a Mr Onuki, who claimed that “90 per cent of cases in which the Japanese women return to Japan, the man is at fault, such as with domestic violence and child abuse”, finally gets a response (the Mainichi printed it without counter, the rotters). Meanwhile, the GOJ just keeps on dithering on the Hague Convention. It’s one of Japan’s worst-kept secrets. But not for long at this rate. Keep on exposing.

DEBITO.ORG NEWSLETTER NOVEMBER 12, 2008

Posted on November 13, 2008 by Debito Arudou, Ph.D.

Table of Contents:

/////////////////////////////////////////////////////////////////////////////////
REVELATIONS
1) Aso’s new wheeze: Teigaku Kyuufukin. Bribe voters as “economic stimulus”.
Might not include NJ, though.
2) Japan Times Zeit Gist on PM Aso’s connection to WWII forced labor

STEREOTYPING
3) “TALK A LOT” textbook (EFL Press) has a rotten caricature of a “strange foreigner” for an English lesson
4) KM on how only NJ suspects get named in J media, even when J perps involved in crime
5) Robert Whiting on NJ flunkey-cum-baseball hero Oh Sadaharu’s legacy

DAMAGE CONTROL
6) Mainichi: Collapsed international marriages raise child abduction issue
7) Mainichi: Japan might sign child abduction convention, quotes J lawyer who opposes, who claims:
90% of intl divorces are due to NJ DV!

FUN TANGENTS
8) AFP on Obama victory and the reactions of (former) Americans abroad
9) JapanZine parody of Japan Times, “Gaijin Activist Successful in Obtaining a Ban on Racial Slur”

… and finally…
10) Post#1000: Oyako-Net and “From the Shadows” Documentary Forum on post-divorce child abductions
/////////////////////////////////////////////////////////////////////////////////

OYAKO NET Meeting and rally July 13th Tokyo: The First Conference of the Nationwide Network For Realizing Visitation In Japan

Posted on July 12, 2008July 18, 2008 by Debito Arudou, Ph.D.

“Why can’t we meet?—the children and parents after divorce—”

The OYAKO NET

The First Conference of the Nationwide Network For Realizing Visitation In Japan

l July 13th 2008 Open 12:30pm, 13:00~16:30

l Academy Meidai Gakusyu-Shitu A, Kasuga 2-9-5 Bunkyo-ku, Tokyo

(Tel 03-3817-8306) 15 minutes-walk from Kourakuen station or Myo-ga-dani station. (Tokyo Metro, Marunouchi-line) http://www.city.bunkyo.lg.jp/gmap/detail.php?id=1995

l 1.　Guest Speaker Subjects: “Children in the custody battle.”

Paul Wong, US citizen, Attorney at law admitted in California.
Misuzu Yuki (an alias)
Mitsuru Munakata

2. Lecture: “Joint Parenting After Divorce and ‘The Best Interest of the Children.’”

Takao Tanase, Chuo Law School Professor of Sociology of Law, Attorney at Law.
l Question, discussion, and report from the Oyako-Net about lobbing the Diet members and local council initiatives.
l Street Demonstration 16:30~
l Admission \1,000

July 13 Tokyo Organizational meeting for Oyako Net, a nationwide network for realizing child visitation for both parents in Japan

Posted on June 12, 2008June 12, 2008 by Debito Arudou, Ph.D.

The Oyako Net–A nationwide network for realizing child visitation for both parents after divorce/separation in Japan, first organizational meeting in Tokyo
Date: July 13th Time: 13:00~16:30 (Doors Open 12:30)
Place: Bunkyokuritsu Academy Miyogadani Kaigishitsu A
Station: Miyogadani (Marunouchi-sen)
Cost: 1,000 yen
Individuals to speak:
1. Paul Wong
2. Yuki Misuzu
3. Mitsuru-san
4. Tanase sensei (Lawyer)…

UN OHCHR Minority Update: Japan reviewed by Human Rights Council

Posted on May 21, 2008May 21, 2008 by Debito Arudou, Ph.D.

Here are two updates on Japan’s human rights behavior being considered for periodic review by the UN Human Rights Council. This is a new activity by the UN after the old Human Rights Commission was disbanded, accused for many years of having the world’s worst human-rights offenders as leaders, there covering up their own abuses. Now under this new organ with the same acronym, everyone is being subject to review once every four years. And according to the press releases below, Japan’s turn came last week. Forwarding primary-source documents to you. Pertinent sections underlined. As it says below, you can also submit documents to the OHCHR if you want about human-rights abuses in Japan. Five pages max, deadline July 14, 2008, email included in this blog entry.

US State Dept Country Reports on Human Rights Practices, 2007, Japan

Posted on April 16, 2008June 6, 2008 by Debito Arudou, Ph.D.

Although the US is certainly no paragon of human rights worldwide (what with torture, renditions, abuses under SOFA, denial of Habeas Corpus to non-citizens, Guantanamo, Abu Ghraib, and the largest arms sales worldwide, to name but a few caveats under this administration), here is their annual report on human rights in Japan in full. For what it’s worth. Note how the situation of “Japanese Only” signs nationwide is no longer mentioned, like it was in previous reports. I guess the US State Department considers the situation resolved. I beg to differ.

PRESS RELEASE for Handbook for Newcomers, Migrants, and Immigrants

Posted on March 5, 2008April 23, 2008 by Debito Arudou, Ph.D.

For the record… released March 4, 2008: ////////////////// PRESS RELEASE ////////////////// NEW BOOK “HANDBOOK FOR NEWCOMERS, MIGRANTS AND IMMIGRANTS TO JAPAN” ON SALE FROM MARCH 15, 2008 AUTHOR ARUDOU DEBITO’S NATIONWIDE BOOK TOUR MARCH 15 TO APRIL 1 ////////////// FREELY FORWARDABLE ////////////// Akashi Shoten Inc, Japan’s biggest human rights publisher, will sell “HANDBOOK FOR NEWCOMERS, …

debito.org

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