USG Asst Sec of State links post-divorce Japan child abductions with DPRK abductions of Japanese

Posted on May 10, 2012May 11, 2012 by Debito Arudou, Ph.D.

Some news on the Japan Child Abductions Issue, where Japan has long set itself up as a safe haven for one parent to abscond with their child following separation or divorce (regardless of whether the marriage was international or domestic), what with no joint custody and no guaranteed child visitation in Japan. Thanks to the Koseki Family Registry system, the divorced couple becomes strangers to each other, and children go on only one parent’s koseki (with the other parent losing all legal title and access to their kids unless the custodial parent approves). In cases of international/intercontinental separation or divorce, the Japanese partner can abduct their child to Japan (since Japan is not a signatory to the Hague Convention on Child Abductions, and the Japanese embassy does not enforceably require the permission of both parents to issue a Japanese child a Japanese passport), and that’s it — the kids are gone. Japanese courts have always ruled that the absconder has established “habitual residence” in Japan by dint, so who dares wins. Meanwhile, despite international protests about the GOJ not being a signatory to the Hague, Japan has been dragging its feet for years now on signing (and as I have argued in the past, will probably caveat its way out of enforcing it anyway, as it has done with other treaties (like the CERD and the ICCPR)).

Finally, enough has become enough for sensible people. According to articles below, US Assistant Secretary of State Kurt Campbell has once again come out in public making a link between the irony of all the tragedymaking regarding Japanese being kidnapped decades ago by the DPRK (which is indeed a tragedy, yes), yet the lack of tragedy over Japanese still kidnapping international kids. Good. We’ve made that comparison before here on Debito.org, and were roundly condemned by the usual suspects for doing so. (And, as a related tangent, I’ve probably criticized the most by people misquoting me as advocating that foreigners shouldn’t marry Japanese. No, for the record, I’m saying NOBODY, Japanese or NJ, should get married and have children under the insane family law system in Japan; the risks are too great if parents separate).

As per articles below, the Japanese press is of course rallying the public behind the home team via editorial camouflaged as news (it’s hard to discern even what Campbell actually said). It’s even trying to instruct the Japanese public how English is different than Japanese. You see, if a North Korean kidnaps a Japanese, its “abduction” (rachi). But if a Japanese kidnaps an international child, its “tsuresari” (taking along and disappearing). But you see, the English language is inflexible — it only has one word for this action: “abduction”. So it’s all one big “linguistic misunderstanding”. Even though, in either case, abduction is what it is.

And if you really want to take this issue to the next level of linkage, consider this comment from a friend:

“As noted in Wikipedia, “In 1944, the Japanese authorities extended the mobilization of Japanese civilians for labor to the Korean peninsula. Of the 5,400,000 Koreans conscripted, about 670,000 were taken to mainland Japan . . .” And the Japanese have the audacity to complain about 20 or so Japanese abducted to North Korea? The Japanese government should apologize and compensate the 5 million Koreans conscripted 70 years ago before uttering a single word about the actions of North Korea 35 years ago.”

So underlying all of this is an issue of hypocrisy, and now the GOJ is probably going to have to resort to its only real defense when cornered on an issue: agonistic posturing and outrage — trying to derail the issue in favor of maintaining “The Relationship”. People have fallen for this before (after all, the US wants to keep its military bases and its market to sell inter alia weaponry). But I’m not sure this issue is really big enough (I think Masumoto has an inflated sense of his own power) to do that. Let’s keep our eyes on this one, since it’s a good case study of gaiatsu and GOJ policy in the making.

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.

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.

Excellent Japan Times article on GOJ reforms (and probable non-reforms) of child custody system post-divorce

Posted on August 9, 2011August 10, 2011 by Debito Arudou, Ph.D.

Colin Jones: Those focused on the government’s stumbling efforts to protect the children of Fukushima from radioactive contamination may find this hard to believe, but Japanese family law just got more child-friendly — maybe. If Japan finally signs the Hague Convention on child abduction, as it appears it will, it could become even more so. There is a big “maybe” here too, so it remains to be seen whether these two steps taken by the Diet will steer the country away from its status as a black hole for parental abduction or leave it treading the same sorry path.

On May 27 a law was passed amending a number of provisions in the Civil Code relating to children and their parents. First, Article 766 of the code was revised to require parents seeking a cooperative (i.e., nonlitigated) divorce to decide upon visitation, child support payments and other matters relevant to their children’s upbringing after divorce. Furthermore, the new provision says that the welfare of the children must be the primary consideration when these matters are decided….

Meanwhile, on the Hague Convention front, a legislative committee appears to be considering domestic legislation that will ensure no abducted child ever has to be returned after Japan signs it. A basic premise of the convention is that judicial determinations about children after their parents separate should be made in the country where the children have been living. Children who are unilaterally removed to another country should thus promptly be located and returned to their country of habitual residence…

Based on current proposals that I have seen, Japanese authorities may be allowed to refuse to return a child if (a) either the child or taking parent have been subject to abuse (including “violent words”), (b) the taking parent cannot return to the child’s home country because of fear of criminal prosecution upon return, (c) the taking parent is the primary caregiver but cannot raise the child in the home country for financial or other reasons, or (d) the helpfully vague “there are other circumstances” making return potentially harmful to the child.

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

Posted on February 2, 2010 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.

Guardian UK on child abductions in Japan, this time concerning UK citizens

Posted on September 16, 2008September 16, 2008 by Debito Arudou, Ph.D.

Guardian: Clarke, a 38-year-old management consultant from West Bromwich, has gone to great lengths to win custody. The Crown Prosecution Service said his wife could be prosecuted in the UK under the 1984 child abduction act.

However, he can expect little sympathy from Japanese courts, which do not recognise parental child abduction as a crime and habitually rule in favour of the custodial – Japanese – parent.

Japan is the only G7 nation not to have signed the 1980 Hague convention on civil aspects of child abduction, which requires parents accused of abducting their children to return them to their country of habitual residence. He is one of an estimated 10,000 parents, divorced or separated from their Japanese spouses, who have been denied access to their children. Since the Hague treaty came into effect, not a single ruling in Japan has gone in favour of the foreign parent.

Campaigners say Japan’s refusal to join the treaty’s 80 other signatories has turned it into a haven for child abductors.

The European Union, Canada and the US have urged Japan to sign, but Takao Tanase, a law professor at Chuo University, says international pressure is unlikely to have much impact. “In Japan, if the child is secure in its new environment and doesn’t want more disruption, family courts don’t believe that it is in the child’s best interest to force it to see the non-custodial parent,” he said.

Japanese courts prefer to leave it to divorced couples to negotiate custody arrangements, Takase said. Officials say the government is looking at signing the Hague treaty, though not soon.

Metropolis on J int’l child abductions

Posted on January 21, 2007 by Debito Arudou, Ph.D.

‘[Murray] Wood’s is just one of the 31 active cases of child custody and family distress that the Canadian Embassy is currently dealing with in Japan, a sharp increase from the 21 active cases a year earlier…. No Japanese court has ever caused a child abducted to Japan by a Japanese parent to be returned to the child’s habitual residence outside Japan. Part of the problem is that Japan is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which works to ensure the prompt return of abducted children to their country of habitual residence. “Japan continues to be a haven for international child abduction”..’

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…

My Japan Times JBC 83 Jan 1, 2015: “Hate, Muzzle and Poll”: Debito’s Annual Top Ten List of Human Rights News Events for 2014

Posted on January 1, 2015February 20, 2015 by Debito Arudou, Ph.D.

As is tradition for JBC, it’s time to recap the Top Ten human rights news events affecting non-Japanese (NJ) in Japan last year. In ascending order:

10) WARMONGER SHINTARO ISHIHARA LOSES HIS DIET SEAT
This newspaper has talked about Shintaro Ishihara’s unsubtle bigotry (particularly towards Japan’s NJ residents) numerous times (e.g. “If bully Ishihara wants one last stand, bring it on,” JBC, Nov. 6, 2012), while gritting our teeth as he won re-election repeatedly to the National Diet and the Tokyo governorship. However, in a move that can only be put down to hubris, he resigned his gubernatorial bully pulpit in 2012 to shepherd a lunatic-right fringe party into the Diet. But in December he was voted out, drawing the curtain on nearly five decades of political theater…

Read the next nine and five bubble-unders below with links to sources:

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…

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)

Posted on September 16, 2014September 30, 2014 by Debito Arudou, Ph.D.

SCMP: But manga-style images of foreign fathers beating children and Japanese women portrayed as innocent victims have raised the hackles of campaigners, both those fighting discrimination against foreigners and non-Japanese who have been unable to see children who have been abducted by Japanese former spouses.

“It’s the same problem with any negotiations in which Japan looks like it has been beaten,” said Debito Arudou, a naturalised Japanese citizen who was born in the United States and has become a leading human rights activist. “After being forced to give up a degree of power by signing the Hague treaty, they have to show that they have not lost face and they try to turn the narrative around,” he said. “It’s the same as in the debate over whaling.

“The Japanese always see themselves as the victims, and in this case, the narrative is that Japanese women are being abused and that the big, bad world is constantly trying to take advantage of them.” Arudou is particularly incensed by the cover of the publication, which shows a blond-haired foreigner hitting a little girl, a foreign father taking a child from a sobbing Japanese mother and another Japanese female apparently ostracised by big-nosed foreign women. “It is promoting the image that the outside world is against Japanese and the only place they will get a fair deal is in Japan,” said Arudou.

UPDATE: THIS SCMP ARTICLE PRODUCED AN ARTICLE IN HUFFINGTON POST JAPAN:

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.

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 JUNE 4, 2012

Posted on June 5, 2012 by Debito Arudou, Ph.D.

Table of Contents:
“MICROAGGRESSIONS”
1) Japan Times JUST BE CAUSE column May 1, 2012, “Yes, I can use chopsticks: the everyday ‘microaggressions’ that grind us down”
2) Japan Times HAVE YOUR SAY column solely devoted to the May 1 JBC column on “Microaggressions”
3) Japan Times May 1, 2012 JBC “Microaggression” column now translated into Taiwanese Chinese.

OTHER INTERESTING OPINIONS
4) Baye McNeil’s “Loco in Yokohama” blog brings up uncomfortable truths in the debate on racism in Japan
5) Iida Yumiko on the nation-state, and how it includes people in the national narrative for its own survival (or in Japan’s case, how it doesn’t)
6) USG Asst Sec of State links post-divorce Japan child abductions with DPRK abductions of Japanese
7) Discussion: Aly Rustom on “Ways to fix Japan”

DEEPLY FLAWED OPINIONS
8 ) JT Editorial: Tokyo Metro Govt fuels “Flyjin” myth with flawed survey; yet other NJ who should know better buy into it
9) Yomiuri scaremongering: Foreign buyers snap up J land / Survey shows foreigners use Japanese names to hide acquisitions
10) WSJ: “‘Expats’ Say Goodbye to Gaijin Card”, needs more research beyond “Expat” conceits
11) Kyodo: Municipalities to deny services to illegal NJ; Kuchikomi: Rising NJ welfare chiselers “social parasites”
… and finally…
12) Commemorating the Japan Times Community Page’s 10th Anniversary, a brief column by Arudou Debito, May 8, 2012

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”

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”

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 September 22, 2011October 2, 2011 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.

DEBITO.ORG NEWSLETTER SEPTEMBER 5, 2011

Posted on September 7, 2011 by Debito Arudou, Ph.D.

Table of Contents:
a) Link to latest Japan Times JUST BE CAUSE column on sexless marriages in Japan.
1) BAChome: US Consulate Osaka refuses to aid American citizen child abducted in Japan who came to them for help
2) Sendaiben on MOJ interview for his naturalization, went badly: GOJ now requires applicants become STATELESS?
3) It’s time for the naysayers to capitulate regarding the Fukushima Crisis; referential articles
4) Excellent Japan Times article on GOJ reforms (and probable non-reforms) of child custody system post-divorce
5) Association for Psychological Science paper: “Ironic effects of anti-prejudice messages”; claims programs to decrease prejudices may actually increase if the prejudiced people feel they are having negative ideology forced upon them.
…and finally…
6) Japan Times JUST BE CAUSE column, August 2, 2011, “The loneliness of the long-distance foreigner”, about the difficulty for NJ to make long-term J friends

DEBITO.ORG NEWSLETTER FEBRUARY 28, 2010

Posted on February 28, 2010 by Debito Arudou, Ph.D.

DEBITO.ORG NEWSLETTER FEBRUARY 27, 2010
Table of Contents:

WHY THINGS DON’T CHANGE
1) Dejima Award for racist Sumo Kyoukai: Decides to count naturalized Japanese as foreigners and limit stables to one “foreigner”
(this will be the subject of my next JAPAN TIMES JUST BE CAUSE column, due out March 2, 2010)
2) Colin Jones and Daily Yomiuri on J judiciary’s usurpingly paternal attitudes re families post-divorce
3) SMJ/NGO combined report for UN CERD Committee regarding Japan’s human rights record
4) Kyodo & Mainichi: 14 prefectures now oppose NJ PR suffrage (Debito.org names them)

WHY THINGS ARE CHANGING
5) International community serves demarche to MOFA re Int’l Child Abductions Issue, Jan 30 2010
6) Int’l Child Abductions Issue: USG formally links support to GOJ re DPRK abductions with GOJ’s signing of Hague Treaty
7) Japan Times: Foreign press pulling out of Japan in favor of China
8 ) Kyodo: NJ “Trainees” win Y17 million for trainee abuses by employer and “broker”
9) DailyFinance.com: McDonald’s Japan loses big, shutting 430 outlets, thanks in part to “Mr James” campaign
10) Japan Times: Immigration dropping social insurance requirement for visa renewal
11) Comfort Hotel Nagoya unlawfully tries Gaijin Card check on NJ resident, admits being confused by GOJ directives

THEN THERE IS OUTRIGHT NASTINESS
12) Tokyo Edogawa-ku LDP flyer, likens granting NJ PR suffrage to UFO alien invasion. Seriously.
13) Mainichi: Rwandan Refugee applicant jailed for weeks for not having photograph on GOJ-issued document
14) Ariel updates experience with not-random Gaijin Card and Passport Checks by Narita cops
15) Day Care Center in Tokorozawa, Saitama teaches toddlers “Little Black Sambo”, complete with the epithets
16) Kyodo et.al falls for NPA spins once again, headlines NJ “white collar crime” rise despite NJ crime fall overall
17) Laura Petrescu, MEXT Scholar, update: Bowing out of Japan, reasons why.

TANGENTS
18) Olympic Tangent: US-born Reed siblings skate for “Team Japan” despite one being too old to have dual nationality
19) UK Independent: Toyota’s problems being pinned on foreign parts.
20) Debito.org Poll: “Are you rooting for Team Japan in the Vancouver Olympics?” Vote on any blog page https://www.debito.org
21) LA Times: “Korea activists target foreign English teachers”
22) Odd treatment of “naturalized” people (guess who) by Air Canada/Canadian Government at Narita Airport
23) Dentistry in Canada, wow, what a difference!

… and finally …
24) SAPPORO SOURCE DEBITO column on Middle Age (full text)

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

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

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

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

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

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

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

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

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

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

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

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

DEBITO.ORG NEWSLETTER OCTOBER 8, 2009

Posted on October 8, 2009October 9, 2009 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

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

Posted on October 6, 2009October 19, 2009 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…

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?

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 OCTOBER 3, 2008

Posted on October 4, 2008October 4, 2008 by Debito Arudou, Ph.D.

Table of Contents:
///////////////////////////////////////////
GOOD NEWS:
1) Glimmers of hope: New PM Aso does not single out NJ as potential terrorists or agents of crime
2) The Aso Cabinet gaffes start from day one: Minister retracts “ethnically homogeneous Japan” remark
3) First Aso Cabinet member resigns — tripped up (inter alia) by comments regarding Japan’s ethnic mix
4) Tangent: JK asks what happens to scandalized Japanese politicians
5) Japan Times on worries about Post-Fukuda immigration policies
6) LetsJapan Blog on new Saitama Pref stickers for NJ-friendly realtors
7) Japan Times Community Page on upcoming movie on divorce and child abduction in Japan
8) Asahi Shinbun on how some NJ are assimilating by joining neighborhood associations

BAD NEWS
9) Mainichi: Female NJ Trainee Visa workers underpaid by Yamanashi company, beaten, attempted deportation
10) Guardian UK on child abductions in Japan, this time concerning UK citizens
11) Japan Times on how divorce and child custody in Japan is not a fair fight
12) UK now considering introducing Gaijin Cards
13) Reader AS voices concerns re Softbank regulations and Japanese Language Proficiency Test
14) Third Degree given NJ who want Post Office money order

MIXED AND ABSURD NEWS
15) Japan Times: GOJ claims to UN that it has made “every conceivable” effort to eliminate racial discrim
16) IHT/NYT: As its work force ages, Japan needs and fears Chinese labor
17) GOJ announces J population rises. But excludes NJ residents from survey.
18) NJ baby left at anonymous “baby hatch”. Kokuseki wa? Eligible for Japanese! Er, yes, but…
19) Jon Dujmovich speculates on media distractions: PM Fukuda’s resignation vs. alleged NJ Sumo pot smoking
20) 2-Channel’s Nishimura again ducks responsibility for BBS’s excesses
21) First Waiwai, now Japan Times’ Tokyo Confidential now in Internet “Japan Image Police” sights
22) Irony: Economist reports on Chinese Olympic security; why not on similar Hokkaido G8 security?

… and finally…
23) Letter to California Gov. Schwarzenegger on eliminating UCSC English program
///////////////////////////////////////////

Terrie’s Take 469: GOJ to sign Hague Convention on Child Abduction by 2010

Posted on May 25, 2008 by Debito Arudou, Ph.D.

Terrie’s Take: “Two weeks ago, the Japanese government made a notable announcement that may make Japan more compatible with the legal conventions used internationally, and will be of particular benefit to non-Japanese spouses of Japanese. The announcement was that by 2010, Japan would sign the the 1980 Hague Convention on Civil Aspects of International Child Abduction, an international legal construct that attempts to deal with the thorny issue of court jurisdiction when children of international marriages are moved cross-border, often by a parent trying to thwart a court ruling in the previous jurisdiction. Currently, Japan is known as a haven for disaffected Japanese spouses who, in getting divorced, abscond with their kids back to Japan. Once in Japan they can dare their foreign spouses to try getting the kids back — something that despite around 13,000 international divorces a year in Japan and more overseas, has NEVER happened…”

Japan Today/Kyodo: Japan remains haven for parental abductors

Posted on September 29, 2007April 23, 2008 by Debito Arudou, Ph.D.

As a result of the increasing number of international marriages, more than 21,000 children are born each year in Japan to couples of mixed Japanese and non-Japanese descent. Add to that the number of children born to Japanese who live abroad and are married to a non-Japanese. What becomes of these bi-national children when the parents separate or divorce?… There are no exact figures on how many children have been abducted to Japan. The National Center for Missing and Exploited Children reports 46 American children have been kidnapped to Japan since 1995. That number grows considerably when factoring in children of other countries and cases that were either dropped or never reported. Furthermore, the U.S. government has no record of even a single case in which Japan has agreed to return an abducted child by legal means to the United States.

DEBITO.ORG NEWSLETTER JAN 25 07

Posted on January 25, 2007January 26, 2007 by Debito Arudou, Ph.D.

1) IVAN HALL NOV 3 2006 JALT SPEECH ON DEBITO.ORG
2) ENDGAME FOR JAPAN’S QUEST FOR UNSC SEAT?
3) METROPOLIS ON INTERNATIONAL CHILD ABDUCTIONS
4) AP PRIMER ON J IMMIGRATION ISSUES
5) HUMOR…
a) How to deal with Japanese police ID checkpoints: have personalities.
b) Amorously noisy bathers cause trouble at onsen. Ban them too?
c) Yunohana’s “Japanese Only” sign copied into online video game.
d) First Debito.org Dejima Award: Town approves university only if no foreign students allowed
and finally.. “JAPANESE ONLY” T-SHIRTS ON SALE AGAIN AT DEBITO.ORG

Robert Whiting on “Slaughter in Saitama adds to list of foreigners murdered in Japan, shines light on social issue”, on the Bishop Family Murder Case, an underreported event in 2022 that I consider to be a hate crime

Posted on June 22, 2024June 22, 2024 by Debito Arudou, Ph.D.

Whiting: Tokyo was stunned in late December by the news of the brutal killing of longtime Japan resident William Bishop, a 69-year-old U.S. national, his 68-year-old wife Izumi Morita, and their daughter Sophianna Megumi Morita, 32. All three were found dead outside their residence in Hanno, Saitama, with multiple wounds early Christmas morning.

Later that day, prefectural police arrested the Bishops’ neighbor, a 40-year-old Japanese man named Jun Saito, at his residence around the corner believing he had bludgeoned the Bishop family to death with what was believed to be a hammer. Saito had barricaded himself in an upstairs room, and the police had to force their way in to apprehend him. […]

Although all the facts are not yet in, the suspect appears to be part of a troubled generation suffering from mental disorders, who dropped out of school and work in droves in the ’80s and ’90s, when Japan’s economic bubble burst, Japanese firms retrenched and downsized, and jobs were not readily available. The Japanese government has identified over half a million of these, so-called hikikomori, social recluses, who live at home, passing their time on the Internet — the rise of which has contributed to their continuing isolation, remaining economically dependent on their parents, who, in turn, do not know what they can do to help their offspring find their footing outside of the household and try to hide what they view as an embarrassing situation. Hikikomori have failed to develop necessary social skills and are unable to adjust in a society that is very structured and sensitive to social stigma, one which fails to provide for social resources and professional treatment for mental illness, primarily because parents are too ashamed to seek it for their offspring. […]

Murder is rare in Japan compared to other countries. Social civility and strict hierarchical codes of conduct are often cited as reasons for the low incidence of violent crimes in Japan. However, Japanese assaults on foreigners are not new in in the long history of Japan’s relations with the West. […] The most prominent such incident was the murder was of British citizen Charles Lennox Richardson in 1862…

A Top Ten for 2017: Debito’s Japan Times JBC 110: “In 2017, Japan woke up to the issue of discrimination”

Posted on January 3, 2018January 28, 2018 by Debito Arudou, Ph.D.

As is tradition, here is JBC’s annual countdown of the top 10 human rights events as they affected non-Japanese (NJ) residents of Japan over the past year. In ascending order:

10) As Japan’s population falls, NJ residents hit record
Figures released in 2017 indicated that Japan’s society is not just continuing to age and depopulate, but that the trends are accelerating. Annual births fell under 1 million — a record low — while deaths reached a record high. The segment of the population aged 65 or older also accounted for a record 27 percent of the total. In contrast, after four years (2010-2013) of net outflow, the NJ resident influx set new records. A registered 2.38 million now make up 1.86 percent of Japan’s total population, somewhat offsetting the overall decline. Alas, that didn’t matter. Japanese media as usual tended to report “Japan’s population” not in terms of people living in Japan, but rather Nihonjin (Japanese citizens), indicating once again that NJ residents simply don’t count.

9) ‘Hair police’ issue attracts attention with lawsuit…
Entire article at https://www.japantimes.co.jp/community/2018/01/03/issues/2017-japan-woke-issue-discrimination/
Version with links to sources now on Debito.org.

DEBITO.ORG NEWSLETTER SEPTEMBER 12, 2010 (forgot to blog)

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

Table of Contents:
DEVELOPMENTS
1) The 2010 Japan Census from October 1: Flash GOJ multilingual site explaining what it’s all about
2) Summer Tangent: DailyFinance.com on Japan’s generation-long economic stagnation leading to a lost generation of youth
3) Keishicho Kouhou on organized crime in Japan: Places NJ gangs in context for a change
4) Wash Post: “Strict immigration rules may threaten Japan’s future”, focus on nursing program
5) Thrice-convicted crooked Dietmember Suzuki Muneo gets his: Supreme Court rejects appeal, jail time looms
6) Kyodo: Japan to join The Hague Convention on Child Abduction. Uncertain when.

ACTIVISM ON BOTH SIDES
7) NYT: “New Dissent in Japan Is Loudly Anti-Foreign”
8 ) Success Story: Takamado English Speech Contest reform their “Japanese Only”, er, “Non-English Speakers Only” rules
9) Meeting with US Embassy Tokyo Sept 9, regarding State Dept. Country Reports on Human Rights
10) Asahi: Zaitokukai arrests: Rightist adult bullies of Zainichi schoolchildren being investigated
11) “The Cove” Taiji Dolphin protesters cancel local demo due to potential Rightist violence
12) Japan will apologize for Korean Annexation 100 years ago and give back some war spoils. Bravo.
13) Sendaiben digs deeper on those Narita Airport racially-profiling Instant NPA Checkpoints
14) M-Net Magazine publishes FRANCA March 2010 report to UN Rapporteur in Japanese

INTERESTING TANGENTS
15) Economist.com summary of Amakudari system
16) Coleman Japan Inc. has instructions “For Japanese Consumers Only”
17) Discussion: “If you could change one thing about a society…”

… and finally …
18) Japan Times JUST BE CAUSE column: ‘Don’t blame JET for Japan’s bad English”

Kyodo: Japan to join The Hague Convention on Child Abduction. Uncertain when.

Posted on August 15, 2010August 15, 2010 by Debito Arudou, Ph.D.

The GOJ just said it will join the Hague Convention (on Child Abductions, not child custody, as entitled below; guess that’s more palatable to readers), something sorely needed in in a society which acts as a haven for international child kidnapping after divorce. It’s an important announcement, with a couple of caveats: 1) It hasn’t happened yet (or it’s uncertain when it will happen, so it’s not quite news), and 2) it’s unclear, as the article notes (and many Debito.org Readers believe, according to a recent poll here) that Japan will properly enforce it if it does ratify (as it has done in the past with, say, the Convention on Racial Discrimination) with laws guaranteeing joint custody and/or visitation rights. Good news, kinda. Wait and see.

Kyodo: Japan has decided to become a party to a global treaty on child custody as early as next year amid growing calls abroad for the country to join it to help resolve custody problems resulting from failed international marriages, government sources said Saturday.

The government will develop domestic laws in line with the Hague Convention on the Civil Aspects of International Child Abduction, which provides a procedure for the prompt return of ‘‘abducted’’ children to their habitual country of residence and protects parental access rights, the sources said.

Complaints have been growing over cases in which a Japanese parent, often a mother, brings a child to Japan without the consent of the foreign parent, or regardless of custody determination in other countries, and denies the other parent access to the child…

However, the government has yet to determine when to ratify the treaty, as it is expected to take time to develop related domestic laws because of differences in the legal systems of Japan and other signatory nations.

Kyodo: MOFA conducts online survey on parental child abductions and signing Hague Convention (in Japanese only)

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

The Ministry of Foreign Affairs has just started asking for opinions from the public regarding Japan’s ascension to the Hague Convention on the Civil Aspects of International Child Abduction (which provides guidelines for dealing with cases of children being taken across borders without the consent of both parents, as well as establishing custody and visitation).

Sounds good until you consider the contexts. We’ve already had a lot of Japanese media portraying the Japanese side of an international marriage as victims, fleeing an abusive NJ. Even the odd crackpot lawyer gets airtime saying that signing the Hague will only empower the wrong side of the divorce (i.e. the allegedly violent and-by-the-way foreign side), justifying Japan keeping its status as a safe haven. Even the Kyodo article below shies away from calling this activity “abduction” by adding “so-called” inverted quotes (good thing the Convention says it plainly).

But now we have the MOFA officially asking for public opinions from the goldfish bowl. Despite the issue being one of international marriage and abduction, the survey is in Japanese only. Fine for those NJ who can read and comment in the language. But it still gives an undeniable advantage to the GOJ basically hearing only the “Japanese side” of the divorce. Let’s at least have it in English as well, shall we?

Kyodo article below, along with the text of the survey in Japanese and unofficial English translation. Is it just me, or do the questions feel just a tad leading, asking you to give reasons why Japan shouldn’t sign? In any case, I find it hard to imagine an aggrieved J parent holding all the aces (not to mention the kids) saying, “Sure, sign the Hague, eliminate our safe haven and take away my power of custody and revenge.” That’s why we need both sides of the story, with I don’t believe this survey is earnestly trying to get.

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:

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.

Japan Times on international trends towards allowing citizens to become multinational

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

Excerpt: As of 2000, around 90 countries and territories permitted dual citizenship either fully or with exceptional permission, according to the “Backgrounder,” published by the Center for Immigration Studies in the United States, and “Citizenship Laws of the World” by the U.S. Office of Personnel Management.

Since the reports came out, several countries have lifted bans on dual nationality. As a consequence, there are more than 90 countries backing dual nationality by default today.

“The trend is dramatic and nearly unidirectional. A clear majority of countries now accepts dual citizenship,” said Peter Spiro, an expert on multi nationality issues at Temple University Beasley School of Law. “Plural citizenship has quietly become a defining feature of globalization.”…

The change in jus sanguinis countries first grew prominent in European countries, followed by some South American and Asian states, largely as a result of economic globalization and the expansion in people’s mobility over the past few decades.

Europe’s general acceptance of dual nationality is stated in the 1997 European Convention on Nationality, which stipulates that while member states can define their own citizens, they must at least allow children of international marriages and immigrants to hold dual nationality.

This was a major shift from traditional attitudes in the region, stated in a 1963 convention that supported the single nationality principle.

DEBITO.ORG NEWSLETTER JULY 29, 2008

Posted on July 30, 2008July 31, 2008 by Debito Arudou, Ph.D.

Table of Contents:
////////////////////////////////////////////////////////
GOOD NEWS:
1. Hong Kong’s new anti racial discrimination workplace laws
2. Zainichi lodges complaint re Nihon U debate club discrim, university takes appropriate action
3. Non-native NJ wins Akutagawa, Japan’s most coveted book award
4. Jenkins get his Permanent Residency in record time. Congratulations, but…
5. J Times: Radical GOJ immigration plan under discussion

THE INTERNET TURNS NASTY
1. Essay: Why I don’t debate online outside of Debito.org
2. The Economist on how the Internet is turning nasty
3. Japan Times prints letter with big stripey lie about Summit airport ID checkpoints
4. Internet bullies kill the Mainichi Waiwai column, and inhibit the free speech they claim they so cherish

MORE ISSUES OF RIGHTS, INTEGRATION, AND ASSIMILATION
1. Some woes with the Koseki (Family Registry) system for NJ and others in Japan
2. UNHCR on Japan’s UN Human Rights Review, June 30, 2008
3. Anonymous on J diffident police treatment of disputes between J and NJ
4. Kyodo: Mock trial for upcoming lay judge translation system puts NJ on trial for drug smuggling!
5. JT/Kyodo: “Innocents” apprehended by police rise to 2.9%!
6. Yomuiri: Japan’s universities scramble for foreign students
7. World-famous company, Tohoku branch, refuses to employ Japanese kid
expressly because he’s “half”–even retracts original job offer…

INTERESTING TANGENTS AND DISCUSSIONS FROM DEBITO.ORG
1. Economist.com: Interesting business time capsule book published by Asahi Shinbun in 1958
2. Palm Beach Post on dual citizenship in EU countries
3. Terrie’s Take: Oji Homes and asbestos–and treating NJ customers badly
4. The Australian: PM Rudd spearheading “Asia-Pacific Union” like the EU, Japan “interested”
5. Discussion: Why do NJ have such apparently bipolar views of life in Japan?
6. Discussion: Softbank’s policy towards NJ customers re new iPhone

…and finally…
Passing of an era: First Zainichi resident to refuse fingerprinting in 1980 dies at 79
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UNHCR on Japan’s UN Human Rights Review, June 30, 2008

Posted on July 16, 2008 by Debito Arudou, Ph.D.

(iii) Conclusions and/or Recommendations

In the course of the discussion, the following recommendations were made to Japan:

– Consider ratifying/Ratify the Hague Convention on Civil Aspects of International Child Abduction, 1980 (Canada, Netherlands);

– Encourage the continued taking of measures relating to discrimination against women in particular to raise the age of marriage to 18 for women as for men (France);

– Continue to take measures to reduce the incidence of violence against women and children, inter alia, by ensuring that law enforcement officials receive human rights training, and to fund recovery and counselling centres for victims of violence (Canada);

– Continue the efforts to combat trafficking in persons with a special emphasis on women and children (Canada);

– Develop a mechanism to ensure the prompt return of children who have been wrongly removed from or prevented from returning to their habitual place of residence (Canada);

– Prohibit expressly all forms of corporal punishment of children and promote positive and non-violent forms of discipline (Italy);

Highlights of UN OHCHR Universal Periodic Review of Japan’s Human Rights Record, May 14, 2008

Posted on May 22, 2008May 22, 2008 by Debito Arudou, Ph.D.

Here’s what investigating countries at the United Nations are saying about Japan’s human rights record. First, some highlights of what the GOJ itself says it’s doing about following treaties and human rights standards, then other countries respond with a surprising degree of awareness. The biggest issues seem to be the death penalty, human trafficking, and rights for women (with historical issues brought up by neighboring Asian countries), but as far as Debito.org is concerned, there is plenty of attention devoted to issues we’ve been raising all along. Even if Special Rapporteur Doudou Diene’s reports on racism in Japan are mostly being ignored by our government, they certainly are being read by members of the UN. Do try to read parts of the UPR Report with a straight face, as that’s what our government is making a number of risible claims with. I offer links to sections on Debito.org that are at odds with the GOJ’s claims.

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.