Japan’s Purported Ratification of the Hague Convention “to create the appearance of compliance with international norms but without any of the substance.”

“There is no point in Japan’s purported ratification of the treaty.”

Friday, March 15, 2013

Japan’s Potential Ratification of the Hague Convention: An Update

Jeremy D. Morley

Japan has not yet ratified the Hague Abduction Convention. The Japanese Cabinet has today reportedly approved the ratification but the necessary legislation has not yet been passed by the Japanese Diet (Parliament).

The issue of Japan’s joining the Hague Convention is still controversial in Japan. Many members of the Diet are flatly opposed to the treaty on the ground that it will lead to the imposition of “Western thinking” on family relationships in Japan, i.e. that it might lead to the intervention of the courts into the private life of families, to the issuance of judicial orders concerning family matters that can be enforced by the power of the state, and to both parents having meaningful rights to their children after a divorce or separation.

Accordingly, newspaper editorials in Japan have demanded that, when Japanese wives “flee” foreign countries because of alleged domestic violence abroad, they must not be forced to return to the country where such abuse has occurred.

Such concerns have already led to inclusion of a provision in the draft legislation that is most likely to lead to an unnecessarily broad interpretation of the “grave risk” exception in Article 13(b) of the Convention.  Indeed, that is the intended result.

The result of such an exception would be to shield abductors who are able to claim domestic abuse even though:

 (a) The legal system in the (American) habitual residence would provide an abuse victim and child with very substantial protection;

(b) No change is being made in Japan to the lack of any meaningful provisions in Japanese law for the other parent to have any access to the child or any decision-making role in the life of the child, so that in reality the foreign left-behind parent would still be without any meaningful rights to the child; and

(c) There is no meaningful system within Japan to effectively determine the merits of such claims of abuse.

In addition, there is a serious concern that petitioning parents will be forced into mediation before being allowed to proceed with or complete their judicial case. There are special provisions in the draft legislation promoting mediation. If the mediation process works similarly to the current Family Court mediation process it will lead to lengthy delays and extreme unfairness to petitioning parents.
Mediation is generally an extremely unhelpful forum for foreigners in family law cases in Japan, since (i) foreign parties must appear in person regardless of their place of residency, (ii) the sessions are usually short and are repeatedly adjourned for lengthy periods of time, necessitating multiple inconvenient and expensive visits to Japan, (iii) the foreigners’ views are generally misunderstood for language and cultural reasons,  and (iv) the foreigners are pressured to accept unfair terms since there is no enforcement of court decisions in family law matters in Japan and because they are told that their refusal to accept the mediators’ recommendations will be held against them in a trial.

When most other countries have joined the Convention the United States could choose whether or not to accept the accession. If a country has not enacted satisfactory legislation designed to effectively enforce the terms of the Convention other countries need not accept the accession. Such is the case with Thailand, which acceded to the Convention in 2002 but has not yet enacted implementing legislation satisfactory to the United States or several other countries. By contrast, as an original member of the Hague Conference, Japan will not be acceding to the Convention, but will ratify it which will trigger its immediate entry into force without any place for international review.

Meanwhile, 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.

Posted by Jeremy Morley at
http://www.internationalfamilylawfirm.com/2013/03/japans-potential-ratification-of-hague.html

Posted in Brian Prager, 誘拐犯, Japan Child Abduction, Japanese Child Abduction, Joint custody, Machiko Terauchi, Parental abduction, Parental Alienation, Rui Prager, Rui Terauchi, 寺内るい, 寺内真智子 | Tagged , , , , , , , , , , , | Leave a comment

If I Only Had a Brain …

Remember this, Rui?
(I know you do.)

http://www.hark.com/clips/syrjrmshjl-if-i-only-had-the-nerve

I’m afraid there’s no denyin’
I’m just a dandelion,
A fate I don’t deserve.
I’d be brave as a blizzard….
I’d be gentle as a lizard….
I’d be clever as a gizzard…

<3

Posted in Japan Child Abduction | Leave a comment

God Only Knows

whoo 05-08

I may not always love you,
But long as there are stars above you,
You never need to doubt it;
I’ll make you so sure about it!

God only knows what I’d be without you

If you should ever leave me,
Though life would still go on, believe me,
The world could show nothing to me,
So what good would living do me?

God only knows what I’d be without you

P1010648

The world could show nothing to me,
So what good would living do me?

Posted in Japan Child Abduction | 1 Comment

In the Aftermath of Newtown, and Before Japan Fails (Again) to Give Parents and Children Justice

January 20, 2013

Revolutionary Suicide and Other Desperate Measures: Narratives of Youth and Violence from Japan and the United States

By Adrienne Carey Hurley

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It pains me that more people won’t read this book, because they may never hear of it. It is richly suggestive and descriptive of the way that frustrated psychological need is disavowed and blown back from generation to generation among Japanese and American youth and their parents. It is an astute and deeply felt text that ties political, literary, psychological narratives together to create a compelling and convincing case that education systems, media regimes, inherited, repetitious ideologies that force victims to author their own oppression can and must be critiqued, as we and our children are paying heavily for the poor regard in which children are held, unbeknownst to ourselves.

 I cite the case of Japanese international parental child abduction and the lack of any law supporting, enforcing or even legally sanctioning joint custody of children in divorced or separating families in Japan. That is a significant current battle ground of the phenomenon Professor Hurley is evoking in this text: lack of authentic protection of children’s right to full, subjective interaction with both of their parents, lack of authentic institutional defense of family relationships against an onslaught of education system life management, discipline and control of children; excessive time-controlling workplace slavery; and media habituation to empty, often violent, control of children’s inner lives. Couple these with and use them to inculcate and enforce rigid gender identities on children, and you have a recipe for the disastrous loss of human feeling and narcissistic damage that characterizes the relations described in Professor Hurley’s book.

This text provides an important antidote to the reductionist arguments about guns and gun violence today, and forms part of just the sort of conversation that ought to be going on instead. Her discussion makes many of the very arguments I most want to make, linking political repression, corruption,  contamination, problems attributable to or related with the Japanese and U.S. relationship, controlling and numbing education systems, incarceration of youth, and lack of any real opportunity for children and adolescents to develop an analysis of “what’s wrong,” of what is perpetuating the inter-generational cycle so that they can acquire enough agency to offer some self-preserving resistance.

The conditions producing parental abduction and the absence of joint parental custody in Japan fit neatly into this argument, lack of attention to which produces deep misrecognition that  lack of time for and investment in subjective interaction of parent and child on a mass scale has fatal consequences.

 From the concluding sections of the book:

 ”If the state, as a parent, harms, how are individual parents, victims of poor parenting themselves, in any position to provide or create spaces in which their own children can thrive? They cannot unless they create corrective opportunities for intersubjective connection.” p. 214

“This book has addressed the desperate measures to which we, adults in the U.S. and Japan (as well as in other places) , make our youth resort. We bombard them with mixed messages that aggravate and exacerbate alienation, oppression, exploitation, and abuse. Their ability to identify and respond to what actually grieves them is severely compromised because we blame them for their struggles and, simultaneously, limit their available means of expression. We then call their occasionally violent attempts to express something “inexplicable.”"We do not prevent violence when we deny youth the opportunity to identify why they are angry and organize relevant strategies to challenge the conditions that fuel their anger; we only guarantee further rage and violence. We do not prevent violence when we tell youth to shape up and get their acts together. Yet it remains acceptable to blame youth for our own failings, to blame then when they poke holes in the screen on which we project a distorted picture of their lives and experiences.” p. 216

This is not a book, despite the title, about suicides; not at all. The title is adapted from Huey Newton, who devised the practice of “revolutionary suicide” to express the level of commitment before far greater, more destructive forces, required of those engaged to bring love, respect and social change to those in need . But in my opinion, the ideas in this text can help to bring some light into the dark corners of the rooms of left behind parents and abducted children. As professor Hurley wrote, only by “lingering for a while in even the most uncomfortable and awful speculations can we begin to identify the messages (about “personal responsibility” for example) we send that make youths and parents [forced apart by workplace enslavement, and by family court exclusions of parents] want to die.” p. 220.

Here is a link to an interview with the author, discussing her book on the Pacifica program, Against the Grain. An appropriate name for a program discussing this much maligned and misunderstood group of people, our kids.

Tues 3.06.12 | Youth Violence, Violence Against Youth

Against the Grain –  Interview

Adrienne Carey Hurley is an academic, activist, translator, and youth advocate. She holds a Ph.D. in East Asian Languages and Literatures from the University of California, Irvine . She served as a Court Appointed Special Advocate (CASA) in Orange County. She was awarded a Japan Foundation fellowship for her research on child abuse and youth violence in contemporary Japan. She held a Postdoctoral Fellowship in Japan Studies at the Institute for International Studies at Stanford . She was also the founder and director of the University of Iowa Youth Empowerment Academy. She organized the 2006 “New Nationalisms” symposium with Tomoyuki Hoshino, Chizuko Naito, and Su Tong. She currently teaches East Asian Studies and Integrated Studies in Education at McGill University.

Hurley’s translation of Tomoyuki Hoshino’s novel Lonely Hearts Killer was published by PM Press in 2009 and is the first book-length work by Hoshino to be translated into English.

visit Japanlogo D

Posted in Adrienne Carey Hurley, Brian Prager, 誘拐犯, Japan Child Abduction, Japanese Child Abduction, Joint custody, Machiko Terauchi, Ohnuki Kensuke Child Abductor, Revolutionary Suicide and Other Desperate Measures, Rui Prager, Rui Terauchi, 寺内るい, 寺内真智子 | Tagged , , , , , , , , , , , | Leave a comment