An international child abduction lecture is taking place next month at the London College where I undertook my LLM degree; the speaker is Baroness Hale of Richmond. Lady Hale, who I have (successfully) conducted Supreme Court litigation before (albeit not in this context), is a former family law academic (Professor at the University of Manchester, before joining the Law Commission prior to her appointment to the High Court) who now sits as the Deputy President of the UK’s Supreme Court. With the current President, Lord Neuberger, due to retire later this year, Lady Hale is widely tipped to replace him. I disagree with much of what she has written – more so as an academic than a judge – but, despite this, her views on the many issues thrown into play in this day and age, and as summarised below, by international parental child abduction will be well worth listening to.
Details and booking link below:
Taking Flight – Domestic Violence and Child Abduction
(Head of International Family Justice) Admission: Free Accreditation: This event is accredited with 1 CPD hour with the SRA and BSB Series: Current Legal Problems 2016-17
About the lecture:
Increasing concerns that victims of domestic violence, who flee the country with their children, are effectively being forced, under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, to return to face their abusers, led to calls for a Protocol to the Convention which would make special provision for such cases. Instead, however, the Hague Conference on Private International Law has established a Working Group with the aim of developing a Guide to Good Practice in relation to article 13(1)(b) of the Convention. This provides an exception to the automatic return of children to their country of habitual residence required by article 12, where there is a grave risk that their return would expose them to physical or psychological harm or otherwise place them in an intolerable situation.
The Working Group has not found this an easy task. It raises so many difficult questions of principle. Should concern for the victims of domestic violence ever override the concern for the welfare of children which the Convention aims to protect? When is a risk of harm to a parent also a risk of harm to a child? How is a court in the receiving country to resolve disputes about who did what to whom? How effective are protective measures in the home country? What can the receiving country do both to assist the home country and to provide protection in the meantime? How does the interface with the 1996 Hague Convention on the Protection of Children work? Is Europe a special case? And what about the human rights of the children and both of their parents? Perhaps above all, is there a risk that, in its anxiety to preserve the integrity of the 1980 Convention, the Working Group will lose sight of the reasons why it was set up?
About the speaker:
Brenda Hale is the most senior woman judge in the United Kingdom. She became a High Court Judge in 1994, after a varied career teaching law at the University of Manchester and reforming the law as a member of the Law Commission. She was promoted to the Court of Appeal in 1999 and to the House of Lords in 2004. In 2009, the ‘Law Lords’ became the Supreme Court of the United Kingdom, where she has been Deputy President since 2013. Her principal interests are in family, social welfare and equality law.
About Current Legal Problems:
The Current Legal Problems annual lecture series was established over sixty years ago. The lectures are public, delivered on a weekly basis and chaired by members of the judiciary.
The Current Legal Problems (CLP) annual volume is published on behalf of UCL Laws by Oxford University Press, and features scholarly articles that offer a critical analysis of important current legal issues.
It covers all areas of legal sponsorship and features a wide range of methodological approaches to law. With its emphasis on contemporary developments, CLP is a major point of reference for legal scholarship.
New bill seeks to promote parent-child interaction following divorce
A cross-party group of lawmakers has drawn up a bill to promote parent-child interactions after divorces and marital separations, encouraging parents to maintain ties with their children mainly via visitations.
According to the bill, parents who are getting divorced would be required to put into writing the frequency of the visitations and how to share the child-rearing costs.
The lawmakers, including members of the ruling Liberal Democratic Party and the main opposition Democratic Party, aim to submit the bill to the Diet on June 18.
Among the bill’s basic principles are one that says parents must try to maintain sustainable relationships with their children after divorce. They also call for efforts to secure opportunities for the children to express their will and to ensure that their growth and personality development will not be impeded.
In addition to urging parents to maintain favorable relationships with their children through periodic visitations and other exchanges in a stable manner, the bill calls on the state to carry out related educational activities and provide the necessary support. It also urges local governments to make similar efforts.
On the other hand, the bill underscores the need for special consideration in cases of child abuse and domestic violence, including by banning visitations and exchanges.
It also asks the state to consider introducing a joint parental custody system under which the custody of a child is awarded to both parents after divorce.
The Legislative Council, which advises the justice minister, is discussing a potential amendment to the civil execution law to clarify rules for the handover of a child between divorced parents.
In Japan, where custody of a child must be decided between a father and a mother when they are divorced, conflicts often emerge over the issue of visitations, especially when parents are unable to communicate calmly, raising the need for the swift involvement of a third party.
Experts have called for setting up places to offer consultation services that can be easily accessed by parents, as there is a limit to what they can do by themselves to seek settlements.
Masayuki Tanamura, a professor at Waseda University, said many Western countries have support systems that enable parents to have consultations over how to raise their children after they get divorced.
“In Japan, the level of support before divorce is inefficient, leading to escalation of conflicts between husband and wife and resulting in lawsuits,” Tanamura said.
“There should be many cases that can be resolved beforehand, so the state and local governments need to enhance their support.”
According to government’s population survey, the number of divorces in Japan reached 226,215 in 2015, up from 222,107 cases the previous year, indicating that divorces are no longer uncommon in the country.
In line with the increase in divorces, the number of mediation and judgments at family courts has been on the rise over conflicts between a parent seeking access to his or her child and another parent rejecting the demand.
It is tradition for the Queen to spend the Accession Day – as the anniversary of the day she became monarch is officially known – in private at her Sandringham Estate, in Norfolk, and return to Buckingham Palace a few days later.
Other monarchs to pass the sapphire milestone:
King Sobhuza II of Swaziland reigned for 82 years – the longest verifiable reign of any monarch in recorded history. He led Swaziland through independence until his death in 1982.
King Bhumibol Adulyadej of Thailand had ruled for 70 years when he died last October. He began his reign aged just 18 years old.
Franz Joseph I was Emperor of Austria and King of Hungary, Croatia and Bohemia for 67 years until his death in 1916. His nephew was Archduke Franz Ferdinand, who was assassinated in 1914.
King Louis XIV of France reigned for 72 years before his death in 1715. He became king, aged four, after his father’s death.
Prime Minister Theresa May offered her congratulations, hailing the Queen as “truly an inspiration to all of us”.
The prime minister said: “I know the nation will join with me today in celebrating and giving thanks for the lifetime of service Her Majesty the Queen has given to our country and to the Commonwealth.”
Mrs May said it was “a testament to her selfless devotion to the nation” that the Queen had made clear she did not want official celebrations to mark the historic milestone.
Another first for Queen Elizabeth II
By Peter Hunt, BBC diplomatic and royal correspondent
Longevity for a hereditary head of state has brought many milestones.
She is Britain’s longest reigning monarch, having overtaken her great great grandmother, Victoria, in 2015.
Today, after 23,742 days on the throne, it’s the start of the first sapphire jubilee in British history.
For the Queen, it’s a moment for contemplation rather than celebration – as it is also the anniversary of her father’s death.
In the coming months and years, she will, inevitably, do less and other royals will take on more – most notably Prince William, once he finishes his job as an air ambulance pilot in the summer.
The 90-year-old working monarch has another significant moment on the horizon.
In November, she and Prince Philip will mark 70 years of marriage.
One in four marriages in Japan involved divorced person in 2015
Slightly more than one in four marriages in the nation involved a divorced person in 2015, the highest since 1952, the earliest year for which comparable data are available, according to the latest data compiled by the welfare ministry.
Meanwhile international marriage has been on a declining trend since 2006, when it accounted for 6.1 percent of all marriages. It stood at 3.3 percent, or 20,976 cases, in 2015.
According to the Ministry of Health, Labor and Welfare, 635,156 couples married in 2015. Of those, 170,181, or 26.8 percent, were marriages either between divorced persons, or between a divorced person and a previously unmarried person. The rest were between men and women marrying for the first time.
An official said the trend could be the result of changing perceptions among Japanese to whom the idea of divorce and remarrying is perhaps becoming more acceptable.
Of the marriages involving a divorced person, 63,588, or 10.0 percent, involved a divorced man, while 45,268, or 7.1 percent, involved a divorced woman. Marriages between divorced persons accounted for 61,325, or 9.7 percent, according to the data.
The average age of couples marrying for the first time was also the highest in 2015, with men being 30.7 years old and women being 29.0 years old, the latter matching the average in 2014. That is up by 1.2 years for both men and women from 10 years earlier.
Welcome back to JBC’s annual countdown of the top issues as they affected Non-Japanese (NJ) residents of Japan. We had some brighter spots this year than in previous years, because Japan’s government has been so embarrassed by hate speech toward Japan’s minorities that they did something about it. Read on:
10 Government “snitch sites” close down after nearly 12 years
We’ve named and shamed this before (“Downloadable Discrimination,” Zeit Gist, March 30, 2004). From Feb. 16, 2004, Japan’s Immigration Bureau had websites where anyone could anonymously rat on foreigners for any reason whatsoever — including (as a preset option) the xenophobic “repugnance and anxiety” (ken-o fuan). This occasioned calls for abolition from rights groups, including Amnesty International, and government leaders. As the Japan Federation of Bar Associations pointed out in 2005, “The program has ordinary citizens essentially spying on people suspected of being illegal aliens, which serves only to advance prejudice and discrimination toward foreigners.”
Yet Japan’s police “see no evil” when it suits them. According to the Asahi in 2015, the sites were being inundated with hate emails “slandering” Japan’s Zainichi generational Korean community. Immigration suddenly realized that false leads from trolls were a waste of time. Yep, we told you so more than a decade ago. Glad it sunk in.
9 Priyanka Yoshikawa wins Miss World Japan
This year showed us that 2015 was not a fluke. In 2015, multiethnic American-Japanese Ariana Miyamoto won the Miss Universe Japan competition as Japan’s first biracial national beauty queen. In 2016, Indian-Japanese Priyanka Yoshikawa was elected to represent Japan despite protests about whether she is a “real” Japanese. Although these events are cheer-worthy because they demonstrate that “Japaneseness” is not purely a matter of looks, they’re more important because the women’s stories of being “different” have highlighted their struggles for acceptance. When the domestic media bothers to report them, that is.
The discussion has mostly been a shallow one about “looks.” Sadly, this is par for the course. As I said to ABC NewsRadio Australia, “Why do we keep doing these 19th-century rituals? Demeaning women by putting them on a stage, making them do debasing things, and then saying, ‘This is a standard of beauty that is or is not Japanese?’ How about we just call it what it is: incitement to superficial judgment of people not as individuals but by physical appearance?” Progress made, yes, but the real progress will be when beauty pageants stop entirely.
8 Japan’s multiethnic citizens score at 2016 Olympics
Similarly, Japan’s athletes have long been scrutinized for their “foreignness.” If they are “half” or even naturalized, their “foreignness” becomes a factor no matter what.
If they do badly, “It’s the foreigners’ fault.” As seen when Japan’s men’s rugby team lost in 2011 and the nation’s rugby union criticized coach John Kirwan for using “too many foreign players” (including naturalized former NJ). The team was then ethnically cleansed. When multiethnic Japanese figure skaters Chris and Cathy Reed underperformed in 2014, Tokyo 2020 Olympics Chair Yoshiro Mori essentially labeled them leftovers, bashing them (mistakenly) as “naturalized citizens” who couldn’t make the U.S. Team.
But if they do well, they get celebrated. Remember October 2015, when Brave Blossoms, the men’s rugby team, scored an upset over South Africa, and their players’ enhanced physical strength was attributed to their multiethnicity? Suddenly the fact that many players didn’t “look Japanese” (11 were even born outside Japan) was no problem.
Same when Japanese athletes did well in Rio last year. Prominent performances by multiethnic Japanese, including Mashu Baker (Gold in Judo); members of Japan’s Rugby Sevens (the men’s team came in fourth); other members of Japan’s soccer, basketball and athletics teams; and most prominently, runner Asuka Cambridge (who missed out on Gold only to Usain Bolt) made it clear that hybrid Japanese help Japan in sports. If only people would stop putting up the extra hurdle of attributing success or failure to race.
7 Renho Murata takes helm of the Democratic Party
After years of tired leftist politics with stale or uninspiring leaders, last September the main opposition Democratic Party made young and dynamic Taiwanese-Japanese politician Renho Murata its leader. It was the first time a multiethnic Japanese has ever helmed a major party, and immediately there were full-throated doubts about her loyalties. Media and politicos brought up Renho’s alleged ties to untrustworthy China (even though Taiwan and China are different countries; even the Ministry of Justice said that Taiwanese in Japan are not under PRC law), or that she had technically naturalized (Renho was born before Japanese citizenship could legally pass through her mother) but had not renounced her dual citizenship, which wasn’t an issue when she was a Cabinet member, nor when former Peruvian President and dual citizen Alberto Fujimori ran for a Diet seat in 2007 (Zeit Gist, May 5, 2009).
Whatever. Renho has proven herself a charismatic leader with an acerbic wit, ready to ask difficult and pointed questions of decision makers. She famously did so in 2009, during deliberations to fund the “world’s most powerful computer,’ when she asked, “What’s wrong with being number two?” The project still passed, but demanding potential boondoggles justify themselves is an important job. The fact that Renho is not cowed by tough questions herself is good for a country, which with 680,000 Japanese dual citizens deserves fresh unfettered talent with international backgrounds.
6 Abubakar Awudu Suraj case loses once and for all
This has made the JBC annual Top 10 several times, because it’s a test case of accountability when NJ die in official custody. In 2010, Ghanaian visa overstayer Abubakar Awudu Suraj was so “brutally” (according to this newspaper) restrained during deportation that he was asphyxiated. Suraj’s widow, unsuccessfully seeking justice through Japan’s criminal justice system, won civil damages from the Immigration Bureau in a 2014 Tokyo District Court decision. However, last January, the Tokyo High Court overturned this, deciding that the lethal level of physical force was “not illegal” — it was even “necessary” — and concluded that the authorities were “not culpable.” Suraj’s widow took it to the Supreme Court, but the appeal was rejected last November.
Conclusion: Life is cheap in Japan’s Immigration detention systems (Reuters last year reported more NJ deaths in custody due to official negligence). And now our judiciary has spoken: If NJ suffer from a lethal level of force — sorry, are killed by police — nobody is responsible.
5 2016 Upper house elections seal Shinzo Abe’s mandate
Past JBC columns on Japan’s right-wing swing anticipated that Prime Minister Shinzo Abe would capitalize on the left’s disarray and take Japan’s imagined community back to an imagined past. Sure enough, winning the Upper House elections last July and solidifying a majority in both houses of Parliament, he accomplished this hat trick. Since then, Abe’s popular support, according to the Asahi, remains at near record-highs. There’s even talk of changing the rules so he can be PM beyond his mandated five-year term.
That’s it then, really. Everything we feared his administration would do since 2012 is all coming to pass: the dismissing of universal human rights as a “Western concept,” the muzzling and intimidation of the press under a vague state secrets act, the deliberate destabilization of East Asia over petty territorial disputes, the enfranchising of historical denialism through a far-right cabal of elites, the emboldening of domestic xenophobia to accomplish remilitarization, the resurgence of enforced patriotism in Japan’s education system, the further exploitation of foreign workers under an expanded “trainee” program, and the forthcoming fundamental abrogation of Japan’s “Peace Constitution.”
Making Japan “great” again, similar to what’s happening in the United States under President-elect Donald Trump, has been going on for the past four years. With no signs of it abating.
4 Next generation of “Great Gaijin Massacres” loom
In April 2013, Japan’s Labor Contracts Law was amended to state that companies, after five years of continuous contract renewals, must hire their temporary workers as “regular employees” (seishain). Meant to stop employers from hiring people perpetually on insecure contract jobs (“insecure” because employees are easily fired by contract nonrenewal), it is having the opposite effect: Companies are inserting five-year caps in contracts to avoid hiring people for real. Last November, The Japan Times reported on the “Tohoku University job massacre,” where 3,200 contract workers are slated to be fired en masse in 2017.
JBC sees this as yet another “Gaijin as Guinea Pig” scenario (ZG, July 8, 2008). This happened in Japanese academia for generations: Known as “Academic Apartheid,” foreign full-time scholars received perpetual contract employment while Japanese full-time scholars received permanent uncontracted tenure from day one. This unequal status resulted in the “Great Gaijin Massacre” of 1992-4, where the Ministry of Education (MOE) told National and Public Universities not to renew the contracts of foreigners over the age of 35 as a cost-cutting measure. Then from 1997, the MOE encouraged contract employment be expanded to Japanese full-time educators. From 2018, it will be expanded to the nonacademic private sector. It’s a classic case of Martin Niemoller’s “First they came …” poem: Denying equal rights to part of the population eventually got normalized and applied to everyone.
3 The government surveys NJ discrimination
Japan has been suddenly cognizant of “foreigner discrimination” this year. Not “racial discrimination,” of course, but baby steps. The Asahi kicked things off in January by reporting that 42 percent of foreign residents in Tokyo’s Shinjuku Ward encountered some form of discrimination, and nearly 52 percent of that was in finding apartments. Glad to have the stats, albeit localized.
Then the Ministry of Justice’s Bureau of Human Rights conducted its first-ever nationwide survey of discrimination toward longer-term NJ residents by mailing them a detailed multilingual survey (available at www.debito.org/?p=14298), asking questions specifically about unequal treatment in housing, employment, education, social situations, etc. It even mentioned the establishment of “laws and regulations prohibiting discrimination against foreigners” (not a law against discrimination by race, natch).
Although this survey is well-intentioned, it still has two big blind spots: It depicted discrimination as 1) due to extranationality, not physical appearance, and 2) done by Japanese people, not the government through systemic racism embedded in Japan’s laws and systems (see my book “Embedded Racism” for more). As such, the survey won’t resolve the root problems fundamental to Japan’s very identity as an ethnostate.
2 Blowback involving NJ tourism and labor
Japan’s oft-touted sense of “selfless hospitality” (omotenashi) is an odd thing. We are seeing designated “foreigner taxis” at Kyoto Station (with a segregated stop), “foreign driver” stickers on Hokkaido and Okinawa rental cars stigmatizing NJ tourists (and NJ residents touring), and media grumblings about ill-mannered Chinese crowding stores, spending scads of money (diddums!) and leaving behind litter. (Japan’s tourist sites were of course sparkling clean before foreigners showed up. Not.)
Then there’s the omnipresent threat of terrorism, depicted for years now by the government as something imported by foreigners into a formerly “safe Japan” (although all terrorist acts so far in Japan have been homegrown). To that end, 2016 was when Japan’s Supreme Court explicitly approved police surveillance of Muslim residents due to their religion. (What’s next? Surveilling foreign residents due to their extranationality?)
Yet foreigners are a necessary evil. Japan still needs them to do its dirty work in the construction, manufacturing, agriculture, fishery and nursing sectors. So this year the foreign “trainee” work program was expanded, along with measures against abuses. About time — bad things, including NJ slavery and child labor have been happening for decades, with the Health, Labor and Welfare Ministry acknowledging that about 70 percent of employers hiring “trainees” engage in illegal labor practices. Omotenashi has been counterweighted by government-sponsored exploitation of NJ, and now with the upcoming 2020 Olympics, there’s plenty more dirty work out there.
And after all this, 2016 offered one big bright spot:
1 Hate speech law gets passed — and enforced
Japan’s first law protecting “foreigners” from group denigration in public was passed nationwide in May. JBC (Feb. 1) heralded it as a step in the right direction. Critics quickly pointed out its shortcomings: It doesn’t actually ban hate speech, or have penalties for violators, and it only covers people of overseas origin “who live legally in Japan” (meaning “foreigners,” but not all of them). Plus it skirts the issue of racial discrimination, natch.
However, it has had important effects. The law offered a working definition of hate speech and silenced people claiming the “Western construct” of hate speech didn’t exist in Japan. It also gave Japan’s bureaucrats the power to curtail haters. The Mainichi Shimbun reported that this year’s xenophobic rallies, once daily on average somewhere in Japan, had decreased. Rallies also reportedly softened their hateful invective. Since Japan’s outdoor public gatherings need police and community approval (ZG March 4, 2003), even an official frown on hatred can be powerful.
Official frowning spread. The National Police Agency advised prefectural police departments to respond to hate speech demos. A court banned a rally in a Korean area of Kawasaki for “illegal actions that infringe upon the personal rights for leading a personal life.” Another court ordered hate group Zaitokukai to compensate a Zainichi Korean for public slurs against her. Both judges cited the United Nations Convention on Racial Discrimination, which has been ignored in lawsuits against “Japanese only” establishments.
These are remarkable new outcomes in a society loath to call “No Foreigners Allowed” signs discriminatory, let alone order police to take them down. Progress to build upon.
Bubbling under the top 10
11 Population of registered NJ residents reaches record 2.23 million despite significant decreases in recent years.
12 “Special economic zones” expand to the aging agriculture sector, and want “skilled foreigners” with college degrees and Japanese-language ability to till fields on three-year visas. Seriously.
13 The Nankai Line train conductor who apologized to passengers for “too many foreigners” on an airport-bound train is officially reprimanded, not ignored.
14 Osaka sushi restaurant Ichibazushi, which was bullying foreign customers by deliberately adding too much wasabi, is forced by social media to publicly apologize.
15 Debito.org’s archive of human rights issues in Japan celebrates its 20th Anniversary.
Debito’s latest book, “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination,” is out now. Twitter @arudoudebito. Your comments and story ideas: firstname.lastname@example.org