Search Results for: Savoie

Chris Savoie wins US court award of $6.1 million against ex-wife for breach of contract, emotional distress, and false imprisonment of his children in Japan

Posted on by Debito Arudou, Ph.D.

Congratulations to Chris Savoie on his massive U.S. court victory against his ex-wife for, inter alia, false imprisonment of his children in Japan.

Debito.org has talked about the Savoie Case for quite some time now (do a search), but I devoted a Japan Times JUST BE CAUSE column to it back in October 2009. I’m personally glad he’s staying the course, and seeking judicial recourse that is amounting to legally-binding agreement. This is setting an important precedent regarding the issue of international child abduction, and drawing attention to a long-neglected problem. Arudou Debito

PS: Note the lame (if not just plain inaccurate) headline by the Japan Times/Kyodo News on this, “Wife fined for taking children to Japan”; makes it sound like she got punished for being a tourist. Get on the ball. Call it what it is: Child abduction.

Japan Times Amy Savoie on int’l child abductions and the manufacturing of consent for it within Japan

Posted on by Debito Arudou, Ph.D.

Thoughtful letter to the editor in the Japan Times on the International Child Abductions Issue. Excerpting the most interesting part for me — the rhetoric the media uses to keep the public unconsciously supporting the “home team” as their apparent members keep kidnapping kids to Japan with impunity:

Amy Savoie: The government tries to convey that it is justifiable for Japanese parents to “take kids home to Japan” (tsure-kaeri or tsurete-kikoku), but when a foreign parent takes the children to another country (that parent’s home country), the Japanese call it kidnapping (tsure-sari) or abduction (rachi). The Japanese government and media behave duplicitously every time they pretend these unilateral relocations (relocating without permission from the other parent) are not the same thing.

Instead of describing both situations only as tsure-sari (or only as tsure-kaeri), the Japanese government cleverly (and intentionally) uses different sets of words that convey two totally different meanings depending on who the kidnapper is…

Savoie Child Abduction Case: Father sues judge and lawyer that enabled ex-wife to abduct

Posted on by Debito Arudou, Ph.D.

AP: FRANKLIN, Tenn. — A Tennessee man who was arrested in Japan when he tried to take his children back from his ex-wife is suing the local judge and an attorney who handled the divorce.

Japanese prosecutors eventually dropped the case against Christopher Savoie of Franklin after he tried in September to enter the U.S. Consulate with his 9-year-old son and 7-year-old daughter. Ex-wife Noriko Savoie had violated a U.S. court custody decision by taking the children to her native Japan a month earlier.

The lawsuit says the children are still living in Japan with their mother.

Savoie filed a federal lawsuit this month against Williamson County Circuit Court Judge James G. Martin, who served as both the mediator during the divorce and then later as the judge that lifted a restraining order barring the ex-wife from taking the children to Japan.

Savoie claims that Tennessee Supreme Court law states that mediators should refrain from acting in a judicial capacity in cases in which they mediated. He also claims negligence because the judge was aware of the risk of child abduction in this case.

He also filed a state lawsuit in Williamson County against his former divorce attorney, Virginia Lee Story, arguing she failed to object to having Martin hear the case as a judge. He claims she was negligent and asks for compensatory and punitive damages.

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

Posted on 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…

CBS News interviews Chris Savoie after his return to US

Posted on 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 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 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.”

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

Posted on 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 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 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.

Japan Times JUST BE CAUSE on Savoie Child Abduction Case and Japan’s “Disappeared Dads”

Posted on by Debito Arudou, Ph.D.

Japan Times: But as with all social problems left to fester, things are only getting worse. U.S. Congressman Chris Smith announced Sept. 29 that reported child abductions have increased “60 percent in the last three years.” No doubt contributing to this rise is the grapevine effect among expat Japanese — a quick Web search shows that all a potential abductor needs do is board a plane to Japan and they’re scot-free.

Injustice breeds drastic actions. How long before a vigilante parent takes the law so far that somebody gets injured or killed?

Japan wants to avoid a demographic nightmare as its population drops. International marriage is one solution. But this threat of abduction is now a prime deterrent to marrying any Japanese. One domestic spat with a threat to kidnap the kids and conjugal trust is permanently destroyed.

But just signing the Hague convention won’t fix things. Japan has, after all, inked umpteen international treaties (like the above-mentioned UNCRC), and ignores them by not enacting enforceable domestic laws. I don’t anticipate any exception here: Japan giving more parental rights to non-Japanese through treaties than they would their own citizens? Inconceivable.

What’s necessary is more radical…

Terrie’s Take offers the best piece yet on the Savoie Child Abduction Case

Posted on by Debito Arudou, Ph.D.

Terrie’s Take offers the best piece I’ve seen yet on the Savoie Child Abduction Case. Excerpt:

HOWEVER, again, we can only speculate about what really happened, and until the facts are made public, we can probably assume that Savoie was acting logically throughout — in that he was trying to get his soon-to-be ex-wife and kids into a jurisdiction (the U.S.) where the law protects BOTH parents rights and upholds the concept of joint custody. Whether his behavior is cruel or is manipulative is beside the point. Savoie would have known that if his divorce was contested in Japan, he would have been 100% guaranteed to have lost his kids, and would have been at the whim of his wife whether or not he would be able to see them ever again as children…

Since there appears to be little will by the judiciary to change their ways or values, any change in the status quo needs to be a political one — using outside political pressure (“Gaiatsu”). This is a long-term project unfortunately, but it does give us a possible motive why an otherwise intelligent individual such as Savoie may have been driven to try kidnap his kids when such an undertaking would have such a high possibility for failure.

Finally, our take is that what he did is not right, but under the current legal system, it is understandable. We think similar incidents will happen again until things change.

More media on the Savoie Case (CNN, CBS, Stars&Stripes, AP, BBC, Japan Times, local TV). What a mess.

Posted on by Debito Arudou, Ph.D.

Here is some more media on the Savoie Child Abduction Case. Although the case is certainly a lot messier than it was 48 hours ago (divorces are like that; neither adult is blameless), the media is starting to report more on husband Christopher’s apparent Japanese citizenship and wife Noriko’s loneliness and financial dependence on him in the US (even though she reportedly received a sizeable sum of close to $800,000 USD from the divorce).

Also coming to light is that the US State Department’s policy on issues such as these: “U.S. consular officers are prohibited by law from providing legal advice, taking custody of a child, forcing a child to be returned to the United States, providing assistance or refuge to parents attempting to violate local law”. They have, according to Japan’s Ministry of Foreign Affairs, quoted in Stars & Stripes, not asked Japan to release Savoie.

In sum, the case and the reportage on it is a mess. As more information comes to light about the Savoie Case, I will admit for the record, in all intellectual honesty, that there are a number of circumstances that, as commenters point out, detract from supporting husband Christopher as a “poster child” for the push to get Japan to sign the Hague Convention. But unfortunately divorces are messy things. I’ll probably write an apologia (not an apology, look up the word) tomorrow on the case.

Court Transcripts of Christopher vs. Noriko Savoie re child abduction

Posted on by Debito Arudou, Ph.D.

What follows are excerpts from the court testimony of Christopher Savoie vs Noriko Savoie, indicating the bad-faith negotiations that took place. The messy circumstances notwithstanding, we have clear promises from Noriko that she will not abduct the children, and that her trip to Japan would be for no more than six weeks.

So the retraining order against Noriko gets lifted, and Noriko absconds with the kids. That is the background to the case. Her current extraterritoriality notwithstanding, she broke the law, and now there’s an arrest warrant out on her. That’s what occasioned Christopher taking the drastic actions that he did.

Now, speaking as a left-behind parent myself might be coloring my attitude towards this issue. But divorces are nearly always messy and fault can be found with both sides in mediations. And the fact remains that Noriko did what so many Japanese will do in these situations — abduct the children and claim Japan as a safe haven. Then the children are NEVER returned, and usually contact is completely broken off with the left-behind parent for the remainder of the childhood.

This is an untenable situation. And it must stop. For the sake of the children. This in my mind is undisputable. The children must be returned to Dr Savoie in order to discourage this sort of thing happening again. Anything else is just more encouragement for Japanese to abduct their children.

Candlelight vigil re Christopher Savoie arrest Sat Oct 3 2PM outside Japanese Embassy to US in Wash DC (corrected)

Posted on by Debito Arudou, Ph.D.

“Rally and Candelight Vigil to Free Christopher Savoie” on
Saturday, October 3 at 2:00pm.

Event: Rally and Candelight Vigil to Free Christopher Savoie
What: Rally
Start Time: Saturday, October 3 at 2:00pm
End Time: Saturday, October 3 at 5:00pm
Where: In front of the Japanese Embassy to the United States

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 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…

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 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.

BAChome.org: Official correspondence re nonfeasance and negligence by US Consulate Osaka regarding the Mary Lake Child Abduction Case (allegations of USG refusing assistance to US citizen child)

Posted on by Debito Arudou, Ph.D.

BAChome writes to Beth Payne, Director Office of Children’s Issues, U.S. Department of State:

Ms. Payne, Mr. Lake has indicated that he is willing to provide a sworn affidavit that Ms. Vause told him his daughter Mary appeared in person at the Osaka consulate. However, even taking you at your word that Mary Lake called the consulate, we are simply distraught that the consulate employees did not do more to facilitate her rescue and return to her lawful parent…

The State Department’s failure to act during the brief window of time available to rescue Mary allowed her to disappear again into the black hole abyss of Japan, to join the other 374 children abducted to Japan since 1994, none of whom has ever been returned.

We ask you to answer one simple question…if Mary Lake were kidnapped by a STRANGER and held in Japan for six years, and then contacted the US Consulate asking them to “fly her home”, would the consulate actions have been any different, and if so, why? The State Department’s DUTY to Mary Victoria Lake is no different than to any other victim of a felony crime, and for you to treat it otherwise is simply a flagrant disregard for the law…

The State Department has conducted years of meetings, talks, meetings, talks, meetings and talks, but not a single parent has been able to even see their child as a result. This latest incident with William Lake’s daughter only further exacerbates the left-behind parent community’s total and complete loss of confidence in the State Department’s ability to protect our children. What happened to Mary Victoria Lake could have happened to any of our children, and this incident fills us with fear and anxiety that if a window of opportunity someday opens for the rescue of our children, State Department will simply shut that window, as they did with Mary Lake, rather than actually try to return our children.

Best review yet of my novel IN APPROPRIATE (and no, the reviewer does not rave about the book)

Posted on by Debito Arudou, Ph.D.

The thing a writer likes most, aside from (hopefully) the craft of writing itself, is to be read. The second thing is, to paraphrase Gertrude Stein, is praise. But praise (or even agreement) is a huge luxury in my field. This is why whenever I put something on the market (as I have with six other books), I hope that reviewers, if they give a negative review, will at least do me the courtesy of reviewing the book, not the author. But in this small literary corner (i.e., books in English on Japan) where we have very few rewards (or awards) for quality, having a professional review one’s book professionally is also a huge luxury.

That’s why I’m pleased to mention Amanda Harlow’s review of my most recent book, novel “IN APPROPRIATE: A novel of culture, kidnapping, and revenge in modern Japan”, which came out on the Being A Broad website last week. She doesn’t really dig the book. But she actually DOES talk about the book both in terms of content and context, and offers ways in which the book might have in her opinion been better. The job of the reviewer is not simply to say what’s right or wrong about any work, but also to suggest improvements — offer the creator something he or she could learn from this experience to put into the next effort. Amanda does this, and I thank her for it…

It’s a pretty nasty world out there, and it’s easy to be a critic. It’s harder to be a good critic, and people like Amanda Harlow I would like to salute and thank for a critique well done, even if she didn’t like the book much. I of course don’t agree with all her assessments, but I think this review is fair and I can learn something from it.

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 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.)

DEBITO.ORG NEWSLETTER JUNE 12, 2011

Posted on by Debito Arudou, Ph.D.

Table of Contents:
EXCLUSIONISM AND RACIAL PROFILING
1) “Japanese Only” bar in Kobe, “Soul Bar”, Nishinomiya Yamanote Doori. Advertises the music of people they would no doubt exclude
2) Rpl on Police Gaijin Card Check in Chitose Airport yesterday — with cops refusing to identify themselves and even getting physical
3) Exclusionary pottery shop in Doguyasuji, Osaka, refuses service to non-Asian NJ
4) Yomiuri: Muslims file suit over National Police Agency antiterror investigations
5) Fukushima Japanese refused service at hotels etc., plus famous excluder/embezzler Toyoko Inn up to old tricks; requires guests unlawfully sign waivers just to stay
6) Tangent: Historical comparison between contemporary social attitudes justifying racial discrimination in Japan and pre-Civil-War slavery in America
7) Foreign Minister Maehara resigns due to donations from a “foreigner” (a Zainichi, that is)

INJUSTICE
8 ) NCN: Stunning revelation from former prosecutor on the real situation of initial training, “We were taught that yakuza and foreigners have no rights”
9) GOJ says it will schedule joining Hague Convention on Child Abductions this month. Wowee. Why I doubt that’ll mean anything even if signed.
10) Chris Savoie wins US court award of $6.1 million against ex-wife for breach of contract, emotional distress, and false imprisonment of his children in Japan
11) Yomiuri: Govt eyes international human rights complaint framework, where domestic claimants can take their issue to the U.N.
12) AFP: Britain now supports Japan’s bid for UN Security Council seat: How eyeblinkingly blind of GOJ history re unfollowing international agreements.
13) Tangent: Kyodo: 2 men acquitted in retrial after serving nearly 30 years in prison

… and finally …
14) Japan Times JUST BE CAUSE Column June 7, 2011: “‘English-speaking diaspora’ should unite, not backbite”

DEBITO.ORG NEWSLETTER JUNE 11, 2011

Posted on by Debito Arudou, Ph.D.

Table of Contents:

TOPICS OF PERSONAL INTEREST
1) Warning to Debito.org Commenters about being cyber-stalked; don’t use your real name as moniker anymore
2) Post #2000! Special Discussion: Making “friends” in Japan, successfully?
3) FCCJ Book Break evening June 28 for my book IN APPROPRIATE in Yurakucho, Tokyo. Let me know if you want to go.
4) Review of IN APPROPRIATE and interview at JETAA-NY’s Examiner.com
5) IN APPROPRIATE now available on Amazon and Barnes and Noble
6) Donald Keene to naturalize, in a show of solidarity with the Japanese people, at age 88
7) DEBITO.ORG PODCAST MAY 7, 2011: Speech at Otaru Shoudai Dec 5, 2011: “The Otaru Onsens Case, Ten Years On”
8 ) DEBITO.ORG PODCAST JUNE 1, 2011

AFTERSHOCKS OF 3/11
9) Columnist Dan Gardner: “Why Japan took the nuclear risk”: Quick-fix energy during 1973-4 Oil Shocks
10) Kansai Time Out Feb ’08 on “Power and the People: Masaki Hisane keeps watch on Japan’s nuclear industry”
11) AFP: Japan tells tourists says ‘it’s safe’ to come back, with budgets to dispel “public misperceptions about the effects of the nuclear disaster”
12) Ekonomisuto gives better articles on effects of both NJ leaving Japan and tourists avoiding Japan
13) Nikkei reports on the effect of “nihon saru gaikokujin”, aka Fly-jin, with some pretty shaky journalistic practices
14) Mainichi: “Industries left short-handed after NJ workers flee Japan following nuke accident”
15) Zakzak headlines that NJ part-time staff flee Yoshinoya restaurant chain, and somehow threaten its profitability
16) JT/Kyodo: NJ key to Japan’s recovery, says Iokibe Makoto, chair of GOJ Reconstruction Design Council. Well, fancy that.
17) Nikkei Business magazine special (May 2, 2011) on the future and necessity of NJ labor to Japan
18) Sankei: MOJ proposes easier visas for importing “higher quality” NJ labor; neglects to offer NJ stronger civil or labor rights
19) Christopher Dillon, author of “LANDED: The Guide to Buying Property in Japan”, on earthquake insurance in Japan
20) Mainichi: “American teacher in Sendai stays in Japan to help with volunteer efforts”
21) Mainichi: “Many foreign residents wish to stay in Japan despite disaster: survey”
22) Tangent: “Foreigners Looking to Adopt Japanese Earthquake Orphans Need Not Apply”

… and finally …
23) My Japan Times JUST BE CAUSE Column 39: “Better to be branded a ‘flyjin’ than a man of the ‘sheeple'” (May 3, 2011)
(This is a culmination of all the articles cited above.)

DEBITO.ORG PODCAST JUNE 1, 2011

Posted on by Debito Arudou, Ph.D.

In this podcast:

1. Japan Times JUST BE CAUSE Column 20, “Savoie Case shines spotlight on Japan’s ‘disappeared dads'”. (October 6, 2009)
2. Japan Times JUST BE CAUSE Column 21, “Demography vs. Demagoguery”, on how politics has pervaded Japanese demographic science, making the topic of “immigration” taboo for discussion as an option. (November 3, 2009)

Plus interim excerpts from Tangerine Dream “White Eagle” and an excerpt of another song from Duran Duran’s most recent album, “All You Need is Now”. Title: “Before The Rain”.

16 minutes. Enjoy!

[display_podcast]

GOJ says it will schedule joining Hague Convention on Child Abductions this month. Wowee. Why I doubt that’ll mean anything even if signed.

Posted on by Debito Arudou, Ph.D.

In light of Chris Savoie’s U.S. court victory the other day, where his ex-wife was ruled guilty of inter alia false imprisonment of their kids in Japan, let’s look at the bigger picture — whether or not there will be official measures taken to stop this sort of thing happening again. One means is the Hague Convention on Child Abductions, to which Japan is not a signatory, and it shows.

Japan has once again made intimations (see JT article below) that it has plans to not only consider but even perhaps join the Convention, with a schedule of when it will perhaps join being announced this month.

This should be good news, but I’m not hopeful. Japan made similar intimations about joining this Convention more than three years ago (see Asahi article below that), so has clearly been less than keen. Moreover, during the domestic debates since then, lots of other intimations have been made that Japan will sign but will then create domestic laws and other loopholes so it doesn’t have to follow it.

This is within character. Japan has done precisely the same thing with other international agreements, including the UN Convention on the Elimination of Racial Discrimination (signed by Japan all the way back in 1995), which has similarly been exceptionalized to the point where we have no national law in the criminal code outlawing or forbidding racial discrimination and hate speech.

The point is, I’m not hopeful. And I’ll say it again: Nobody, Japanese or NJ, should get married to a Japanese and have children under the current system in Japan. Divorce in Japan generally means one parent loses the kids. And I believe that will continue regardless of Japan’s agreeing to the Hague.

Kyodo: MOFA Survey shows divided views on GOJ signing of child custody pact, despite best efforts to skew

Posted on by Debito Arudou, Ph.D.

Here’s some news on a MOFA survey that was skewed (by dint, for one thing, of it being rendered in Japanese only, effectively shutting out many opinions of the NJ side of the marriage) linguistically to get results that were negative towards the signing of the Hague Convention on Child Abductions. Even then, MOFA got mixed results (as in, more people want the GOJ to sign the Hague than don’t, but it’s a pretty clean three-way split). Nice try, MOFA. Read the survey for yourself below and see what I mean.

In any case, the bureaucrats, according to Jiji Press of Feb 1 (see bottom of this blog post), seem to be gearing up to join the Hague only if there is a domestic law in place for Japan to NOT return the kids. I smell a loophole in the making.

NHK’s “Close Up Gendai” gave 28 minutes to the issue on February 2, 2011 (watch it here), in which they gave less airtime than anticipated to portraying Japanese as victims escaping to Japan from NJ DV, and more instead to the Japanese who want Japan to sign the Hague so they can get their kids back from overseas. Only one segment (shorter than all the others) gave any airtime to the NJ side of the marriage — but them getting any airtime at all is surprising; as we saw in yesterday’s blog entry, NJ don’t “own the narrative” of child abductions in Japan.

DEBITO.ORG NEWSLETTER NOVEMBER 27, 2010

Posted on by Debito Arudou, Ph.D.

Table of Contents:
SAD STORIES
1) Mainichi: Bullying of Filipina-Japanese grade schooler in Gunma leads to suicide: NHK ignores ethnicity issue in reports
2) Japan Times: MEXT in line to deliberate on ijime after grade schooler Uemura Akiko suicide
3) French Embassy reports French father of abducted child in Japan commits suicide
4) TV America’s Most Wanted on unsolved questionable death of an American in Shinjuku Aug 2010. Any press in Japan?
5) My college mentor, Chalmers Johnson, dies at 79

SPY STORIES
6) Japan Times: Leaked documents reveal Tokyo Police spies on Muslim residents, tries to make snitches of them
7) Ministry of Justice website justifying crime prevention measures
due to “frequent occurrence of serious crimes committed by foreign nationals and increase in transnational crimes”
8 ) Eido Inoue on improbable remote tracking of RFID next-generation “Gaijin Cards”; yet “scan-proof” travel pouches now on sale
9) WB and me on what NJ tourists also need in Japan — security against NPA harassment
10) Eyewitness report on how NPA is targeting NJ in Gotanda as security risk for APEC Summit in Yokohama

STUPID STORIES
11) Daily Yomiuri eikaiwa columnist Mike Guest misrepresents not only the record, but also his own academic credentials
12) Fun and Games at MOFA Passport Renewal — almost denied a passport because of one letter
13) Weird broadside from Japan Helpline’s Ken Joseph Jr. on Facebook: Claims my naturalization queers my campaigning
14) Japan Times Amy Savoie on int’l child abductions and the manufacturing of consent for it within Japan
15) Japan businesses cry foul over UK visa regime, threaten pullout. Fancy that happening to the GOJ.

FUTURE STORIES
16) The Independent (UK) on Japan’s rising nationalism as Japan slips in world rankings
17) UK Guardian compares South Korea’s relatively open-minded future with Japan’s possible “Second Edo Period” of insulation
18) Times Higher Education on MEXT: “Japan’s entrenched ideas hinder the push to attract more foreign students and staff”
19) Eurobiz Magazine’s Tony McNicol on the future abolition of the “Gaijin Tax” Re-Entry Permits
20) CBC interview with me on Japan’s shrinking population and prospects for immigration
21) For Educators in Japan: National EFL Job Satisfaction Survey

… and finally …

22) Japan Times JUST BE CAUSE column Nov 2, 2010: ‘Homogeneous,’ ‘unique’ myths stunt discourse in Japan Studies

Paul Toland on US House of Representatives vote against child abductions to Japan 416-1

Posted on by Debito Arudou, Ph.D.

Media: The U.S. House of Representatives turned up the pressure Wednesday on Japan, strongly urging Tokyo to return immediately half-Japanese children that lawmakers say have been kidnapped from their American parents.

The House voted overwhelmingly for a nonbinding resolution that “condemns the abduction and retention” of children held in Japan “in violation of their human rights and United States and international law.”

The resolution, which passed 416 to 1, also calls for Japan to allow Americans to visit their children and for Tokyo to join a 1980 international convention on child abduction that would allow for the quick return of the children to America.

Democratic Rep Jim Moran told reporters that the resolution sends a strong signal to Japan that the U.S. Congress “is watching and expecting action.”

Republican Rep. Chris Smith said, “Americans are fed up with our friend and ally Japan and their pattern of noncooperation.”

The Japanese Embassy said in a statement that Japan is sympathetic to the plight of children caught in custody battles between Japanese and American citizens and “is continuing to make sincere efforts to deal with this issue from the standpoint that the welfare of the child should be of the utmost importance.”

DEBITO.ORG NEWSLETTER MAY 8, 2010

Posted on by Debito Arudou, Ph.D.

Table of Contents:

MIXED OPINIONS
1) Newsweek and NBER on how immigration helps societies, vs separate Newsweek column doubting it
2) Savoie Child Abduction Case: Father sues judge and lawyer that enabled ex-wife to abduct
3) US House of Reps Resolution submission regarding Japan’s Child Abductions Issue
4) How the mighty have fallen: Forbes ranks world’s leading companies, Japan with only 3 in top 100, Toyota drops from 3rd to 360th
5) Swiss woman acquitted of crimes yet denied bail due to being NJ, then barred as “visa overstayer” anyway
6) Japan Times editorial calling for the removal of its own Berlin Walls
7) DEBITO.ORG Podcast May 1, 2010

INFORMATION YOU JUST MIGHT NEED
8 ) GEOS Bankruptcy and G-Education takeover: Internal document forwarded to Debito.org stating staff not getting back wages
9) Mainichi: First GOJ guidelines for teaching NJ the Japanese language so they can live here
10) Debito.org Recommends: “LANDED: The Guide to Buying Property in Japan”, By Christopher Dillon; Tokyo book tour next week

TANGENTS
11) Racial profiling of immigrants becomes legal in Arizona. However, controversy ensues.
12) Holiday Tangent: “Lifer” cartoon on “Things to do in a Wintry Hokkaido”, Happy May

… and finally …
13) JUST BE CAUSE Japan Times column May 4, 2010, on “Last gasps of Japan’s dying demagogues ” (full text)

US House of Reps Resolution submission regarding Japan’s Child Abductions Issue

Posted on by Debito Arudou, Ph.D.

On Wednesday, May 5th 2010, the Japanese National Holiday of Children’s Day, A United States House of Representatives House Resolution will be introduced condemning Japan for International Child Abduction and calling on Japan to facilitate the immediate return of all children abducted to Japan. This historic resolution comes after 58 years of zero cooperation by the Government of Japan on this issue. Of the 231 children abducted to Japan in the last decade, and the countless hundreds more abducted in the preceding decades, none have ever been returned, making Japan quite literally a black hole from which no child ever returns.

A Capitol Hill press conference introducing the resolution will be held from 1:30 PM to 2:30 PM outdoors at the House Triangle, located near the Capitol building, opposite Longworth building (and over Independence Ave. road, away from Longworth building). Closest metro is Capitol South…

Int’l Child Abductions Issue: USG formally links support to GOJ re DPRK abductions with GOJ’s signing of Hague Treaty

Posted on by Debito Arudou, Ph.D.

Commenter PT: For years now, going back to the release of the Megumi Yokota movie back in late 2006/early 2007, we have been trying to point out the hypocrisy of the Japanese government in insisting that the United States support their efforts to get back their 17 citizens abducted to North Korea between 27 and 33 years ago, while continuing their ongoing state sponsored kidnapping of hundreds of American children to Japan. Well, it looks like we have finally reached the point where the United States Government has once and for all pointed this hypocrisy out to the Japanese Government.

Kyodo: A senior U.S. government official has warned Japan that its failure to join an international treaty on child custody may have adverse effects on Washington’s assistance to Tokyo in trying to resolve the issue of North Korea’s abductions of Japanese nationals, diplomatic sources said Saturday.

Kurt Campbell, U.S. assistant secretary of state for East Asian and Pacific affairs, made the remarks to senior Japanese Foreign Ministry officials during his visit to Japan in early February and strongly urged the Japanese government to become a party to the treaty, the sources said…

He noted that there is something in common in the sorrows felt by Japanese people whose children were abducted by North Korea and by Americans whose children were taken away by their Japanese spouses, the sources said…

Japan has been largely reluctant to do so, with a senior Foreign Ministry official saying, “It does not suit Japanese culture to treat parents, who have brought back their children to the country, as criminals.”

International community serves demarche to MOFA re Int’l Child Abductions Issue, Jan 30 2010

Posted on by Debito Arudou, Ph.D.

Various media: Envoys of eight countries met the Japanese foreign minister Jan 30, 2010, to press the government to sign a treaty to prevent international parental child abductions.

Activists say that thousands of foreign parents have lost access to children in Japan, where the courts virtually never award child custody to a divorced foreign parent.

Japan is the only nation among the Group of Seven industrialised nations that has not signed the 1980 Hague Convention that requires countries to return a child wrongfully kept there to their country of habitual residence.

In the latest move to urge Tokyo to sign the convention, envoys from Australia, Britain, Canada, France, Italy, New Zealand, Spain and the United States expressed their concerns to Foreign Minister Katsuya Okada…

The envoys’ visit to Okada followed their meeting with Justice Minister Keiko Chiba in October, as they hope Japan’s new centre-left government, which ended a half-century of conservative rule in September, will review the issue.

Activist groups estimate that over the years up to 10,000 dual-citizenship children in Japan have been prevented from seeing a foreign parent.

Japan Times Colin Jones on anachronistic Koseki System, how lack of family laws affect J divorces

Posted on by Debito Arudou, Ph.D.

In a breathtakingly excellent article that only the Japan Times can give us, we have Colin P.A. Jones once again offering eye-opening historical research and commentary on how family law in Japan (or lack thereof) has been created so much on the fly that few accommodations are made for modern circumstances. In fact, Colin claims below, many circumstances (such as birth registries in complicated circumstances, or joint custody after divorces) are so inconceivable to this anachronistic system that people’s lives are forced to conform to it for its convenience, not the other way around. It’s so bad that even the Koreans wised up and abolished theirs recently. So should Japan. Read full article below.

Japan Times JUST BE CAUSE column with my top ten NJ human rights issues for 2009

Posted on by Debito Arudou, Ph.D.

Opening: They say that human rights advances come in threes: two steps forward and one back. 2009, however, had good news and bad on balance. For me, the top 10 human rights events of the year that affected non-Japanese (NJ) were, in ascending order:

10) “Mr. James”, 9) “The Cove”, 8) The pocket knife/pee dragnets (tie), 7) “Itchy and Scratchy” (another tie), 6) “Newcomers” outnumber “oldcomers”, 5) Sakanaka Proposals for a “Japanese-style immigration nation”, 4) IC-chipped “gaijin cards” and NJ juminhyo residency certificates (tie), 3) The Savoie child abduction case, 2) The election of the DPJ, and 1) The “Nikkei repatriation bribe”.

DEBITO.ORG NEWSLETTER JANUARY 3, 2010

Posted on by Debito Arudou, Ph.D.

Table of Contents:
RUMINATIONS
1) Debito’s decade 2000-2009 in review
2) Debito.org Blog Poll: What do you consider the TOP THREE NJ human rights events of 2009 in Japan? (More in Japan Times Jan 5)
3) Oguri’s “Darling wa Gaikokujin” becomes a movie, with parody cartoon about the “Darling Dream” being sold by all this

FUN STUFF AND TANGENTS
4) Book review of “Japan Took the J.A.P. Out of Me” (Pubs Simon and Schuster). Yes, that is the title.
5) Holiday Tangent: My Movie Review of AVATAR in 3D
6) LIFER! cartoon on “End-Year Holiday Activities in Japan”
7) Haagen Daz ice cream excludes Indians from sampling the latest flavor — in India!

BUSINESS AS USUAL
8 ) Proof positive that some people really do suck: JT responses to proposals for a Japanese immigration policy
9) Yonatan Owens’ excellent riposte Letter to the Editor
10) Guest blog post by Steve on “How to get the Japanese public to demand a non-discrimination law”
11) Yomiuri: Scriveners aid illegal marriages, work
12) DR on dealing with GOJ border fingerprinting: sandpaper down your fingers

… and finally …
13) Next Japan Times JUST BE CAUSE column out January 5, on the Top Ten Human Rights Issues of 2009 (get a copy!)

Debito.org Blog Poll: What do you consider the TOP THREE NJ human rights events of 2009 in Japan? (More in Japan Times Jan 5)

Posted on by Debito Arudou, Ph.D.

Happy New Year, Blog. As a smaller post to start off 2010, let me ask readers what they think the most important NJ human rights events (I won’t say “advances”, as I consider 2009 to be pretty mixed) were last year? I’ve put them as a blog poll on the right so you can vote (choose three), but below are the ones that come to my mind, in no particular order (if you think I’ve missed any, Comments Section).

I’ll be ranking them myself in my next Japan Times JUST BE CAUSE column out January 5, so have a read!

DEBITO.ORG NEWSLETTER DECEMBER 8, 2009

Posted on by Debito Arudou, Ph.D.

Table of Contents:
PUSHES ONE WAY
1) Kyodo: Municipal govts call for GOJ agency to help foreigners. Again.
2) Way cool Coldwell Banker SAPPORO SOURCE advertisement offering assistance with NJ apartment searches
3) Aly Rustom on how he got out of a Gaijin Card Check by J-cops
4) Michael Moore lambastes GOJ for being fingerprinted at border during his first Japan trip

PUSHES BACK
5) Anti-NJ suffrage protests in Shibuya Nov 28 2009. The invective in flyers and banners: “Japan is in danger!”
6) Int’l Child Abduction issue update: Chinese found guilty in J court of abducting daughters, MOFA sets up panel on issue
7) ADDENDUM: Paul Toland on US Congressional side of Japan Child Abductions Issue
8 ) Kyodo: numerical figures on how many NJ took last April’s “Nikkei Repatriation Bribe”

SOME PERSONAL PROJECTS
9) DEBITO.ORG PODCAST NOV 30, 2009 (listen at Debito.org or download from iTunes)
10) Advice re Japan Law Society, Tokyo/Osaka association of NJ lawyers: they really won’t pay you if they invite you to speak
11) Co-authored chapter in new Akashi Shoten book on “American Diaspora” (English text)
12) Letter to 4 Dietmembers re my recent JT article on immigration policy (see immediately below)

… and finally …
13) Japan Times JUST BE CAUSE column Dec 1 2009 on making Japan more attractive to immigrants (with links to sources)

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

Posted on 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 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 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).

DEBITO.ORG NEWSLETTER OCTOBER 31, 2009

Posted on 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

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

Posted on 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 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 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!

Wiegert Case of child custody awarded to NJ: In 1984! A precedent, anyway.

Posted on by Debito Arudou, Ph.D.

I received this yesterday, and am forwarding this with permission, from a person by the name of James Wiegert, who tells his story of how he received custody of his then 8-year-old son from a Japanese court a quarter century ago as a NJ.

He points out a number of mitigators — the clear and present unreasonableness of the mother (who first said he could have custody and then took it back), his gainful employment in a major company in Japan (and generous offer of a settlement to her), and the fact the son could only have US citizenship (i.e. could only have the citizenship of the father, which was the law at the time),

His wife did receive visitation rights, which Mr Wiegert allowed to be enforced.

Although this case is to me the exception that proves the rule (even he says he’s not sure why he was granted custody), there is indeed a legal precedent for allowing NJ to get custody in court. I hope that NJ parents in proceedings can cite this in order to tip the overwhelming one-sided judicial scales a little more in their favor.

DEBITO.ORG NEWSLETTER OCTOBER 8, 2009

Posted on by Debito Arudou, Ph.D.

SPECIAL ON THE SAVOIE CHILD ABDUCTION CASE
Table of Contents:
THE STORY BREAKS
1) CNN and NBC TODAY Show: American Christopher Savoie attempts to recover his abducted kids,
is turned away from Fukuoka Consulate, arrested for “kidnapping”
2) CBS EARLY SHOW on the Case
3) US Congressman Chris Smith (R-NJ) calls for action against Japan’s child abductions, introduces legislation to US Congress
4) Brett Weed on US State Dept Human Rights Bureau’s willful ignorance of Japan’s child abduction

THINGS GET MESSY
5) Tokyo Shinbun and Mainichi weigh in on Savoie
6) More media on the Savoie (CNN, CBS, Stars&Stripes, AP, BBC, Japan Times, local TV). What a mess.
7) Court Transcripts of Christopher vs. Noriko Savoie
8 ) My final thoughts on Savoie in Japan Times column (plus more media: WSJ, NYT, CNN)

TRYING TO DISENTANGLE
9) Terrie’s Take offers the best piece yet on the Savoie Case
10) CNN on the upcoming documentary FROM THE SHADOWS re Japan’s Child Abductions issue
11) My Japan Times JUST BE CAUSE Oct 6 column on Savoie and Japan’s “Disappeared Dads” (full text)

12) DEBITO.ORG BLOG POLL: 39% think Christopher did the right thing. But…

… and finally … something lighter
13) SOUR STRAWBERRIES Cinema Debut Oct 10th-30th every day, Cine Nouveau Osaka Kujo

US Congressman Chris Smith (R-NJ) calls for action against Japan’s child abductions, introduces legislation to US Congress

Posted on by Debito Arudou, Ph.D.

US Rep Chris Smith: “International child abduction violates the rights of the left behind parent and the rights of the child to know both parents,” said Rep. Chris Smith (NJ-04), a senior Member of the House Foreign Affairs Committee and a Congressional Representative to the United Nations. “Sadly, international child abductions are on the increase. In the last three years, reported international child abductions have increased 60 percent.”

“My legislation, HR 3240 empowers the United States to more aggressively pursue the resolution of abduction cases,” Smith said. “Our current system is not providing justice for left behind parents or for children whisked away from their mom or dad. Congress must act so that more children are not further traumatized by parental abduction.”

Key provisions of the Smith legislation include:

Requires the President to respond with a range of mutually reinforcing penalties, including sanctions against a country, when that country has shown a pattern of non-cooperation in resolving child abduction cases
Creates the position of Ambassador at Large for International Child Abduction within the State Department to advise the Secretary of State and raise the profile of the more than 2,800 children who have been abducted.
Empowers the Ambassador at Large to pursue additional legal frameworks abroad, including bilateral agreements with countries that have not yet acceded to the Hague Convention on the Civil Aspects of International Child Abduction.
Authorizes greater resources for a new office within the State Department to better assist left behind parents and expand the State Department’s ability to collect detailed information on abductions.
“Child abduction is child abuse,” Smith said. “The kidnapped child is at risk for serious emotional and psychological problems. As adults, they may struggle with identity issues, their own personal relationships and parenting.