Hiroshima landslide – 3 years on

The article that appeared below yesterday about the third anniversary of the Hiroshima landslide – I posted a series of posts about it in August 2014 (which still holds the record for the largest number of posts in any one month) – was a reminder that it has been almost 3 years since I received any real news about my son.  It is preposterous that this is so and that the UK government shows no tangible interest in the issue of ongoing and historical international parental child abduction in Japan.

Hiroshima remembers victims of deadly landslides on third anniversary of the disaster

KYODO

A memorial service was held Sunday in Hiroshima to commemorate the third anniversary of the landslides that claimed the lives of 77 people.

“I don’t want anyone else to become a victim or a person feeling like us,” said 77-year-old Takako Miyamoto, one of the speakers at the event. She lost her husband after torrential rain triggered landslides in residential areas close to mountains in the city early on Aug. 20, 2014.

“It is really painful and sad. Our lives were ruined after losing everything dear to us, homes destroyed,” said Miyamoto, who was seriously injured in the landslide.

Touching on recent natural disasters including the torrential rain in Kyushu last month, she said she “sincerely hopes that no one else dies in a disaster.”

Three years ago, about 400 houses were either washed away or damaged by the landslides that struck Hiroshima.

“Residents are providing mutual support and the work to protect each other has progressed,” Hiroshima Mayor Kazumi Matsui said at the ceremony. “We’d like to support these efforts.”

Jointly hosted by the Hiroshima municipal and prefectural governments, the event was held in Asakita Ward, one of the hardest-hit areas.

Families and residents visited the devastated sites early Sunday to offer flowers and pray for those who died. Some touched the names of victims listed on a monument, while others tearfully clasped hands.

Hina Sawamoto, a 16-year-old high school student in the city of Hiroshima, lost her grandmother after a mudslide smashed into her house that day. She sometimes recalls the mudslide when it rains heavily and becomes worried that disaster may strike again.

The teenager said she wants to give a helping hand to those affected by the downpours in Kyushu, just as she was helped by volunteers after the disaster in Hiroshima.

She went to Oita Prefecture last month with her father, Yasuhiro, 46, and helped a family whose house had been swept away by a mudslide. “I was supported by many people. So I wanted to show my gratitude,” she said.

Although she was helping out, Sawamoto said she did not really get to talk with the victims. “Sometimes people want to be left alone. I know how they were feeling.” At the time of the disaster, residents in the devastated area had not been informed of the landslide risk, as many of the sites were not designated within the warning zone in accordance with the law on prevention of landslide disasters.

Afterward, the state revised the law and obliged prefectural governments to swiftly make public the results of basic investigations of terrain and geological conditions. The revised law took effect in January 2015.

According to the Hiroshima Prefectural Government, emergency work since the disaster to make 57 locations more resistant to landslides was completed in May this year.

The prefecture is expected to designate around 50,000 locations as landslide warning zones, but only about 40 percent of the areas had been so designated as of Aug. 10.

Source:  “Hiroshima remembers victims of deadly landslides on third anniversary of disaster”, The Japan Times, 20 August 2017

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Smith Introduces the Philips-Davenport International Child Abduction Return Act

News Item

A new source of hope for left behind parents
Smith Introduces the Philips-Davenport International Child Abduction Return Act

Washington, Jul 28, 2017
Rep. Chris Smith (R-NJ), author of the Sean and David Goldman International Child Abduction Prevention and Return Act (P.L 113-150), introduced an innovative new bill that will automatically remove tariff benefits for countries that are found to be out of compliance in returning children home—the “Bindu Philips and Devon Davenport International Child Abduction Return Act of 2017.”
“Bindu Philips fought valiantly in India for over eight years for the return of her abducted twin sons, only to be given the incessant delays in India’s courts and little support from the Obama Administration,” said Smith, Chair of the House panel on global human rights. “Just recently, she was finally granted a short visit with her children in India, but the children’s father marred the time with harassment and monitoring, refusing to let the children and mother leave a hotel for 7 days.
“Devon Davenport has had a return order for his daughter, Nadia, from Brazil since 2009. He has won every single one of the 24 appeals against the order—but Brazil still will not enforce its own return order.
“Shockingly, 11 of the 13 countries found to be non-compliant in the annual Goldman Report by the U.S. State Department in the return of abducted American children are still receiving billions of dollars in tariff exemptions under the Generalized System of Preferences. We must cease rewarding countries that aid abductors. When is enough finally enough?”
In 2016, 629 American children were taken from the United States by one parent without the consent of the other, often in direct violation of valid United States court orders, United States criminal law and the Hague Convention on the Civil Aspects of International Child Abduction. The Obama Administration’s refusal to apply sanctions against countries that fail to return abducted children has led to a rate of return of only 16%.
“For years, the U.S. government response to abductions has been an engraved invitation to abductors,” said Smith. “Abductors have an 84% chance of no penalty for ripping their child from home and family in the United States. It is my hope and expectation that this year, the State Department will begin to act more decisively on behalf of American families so that more children come home.”
The new bill amends the Generalized System of Preferences, a trade program designed to promote economic growth in the developing world through duty free entry for some products, so that any country named as non-compliant in the prompted resolutions of abductions would lose trade benefits granted by the United States. The new legislation ensures that the loss of trade preference would be automatic and not dependent on the Executive Branch applying sanctions.
Abducted children in a foreign country are often blocked from any contact with the American parent, losing half of their family and heritage.  Such children are also at grave risk of serious emotional and psychological problems. Many such children experience anxiety, eating problems, nightmares, mood swings, aggressive behavior, resentment and fear. Every day the abduction continues only compounds these harms.
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Source:  “Smith Introduces the Philips-Davenport International Child Abduction Return Act”, News Item, Congressman Chris Smith’s website, published on 28 July 2017

 

Hiroshima’s past is one of many reasons to pay a visit

Hello Hugo

Today marks the 72nd anniversary of the Hiroshima bombing.  No doubt living there, you will have learnt a lot about this at school and elsewhere.  This article appeared in The Japan Times on Friday and is a reminder, not that you would need it, that there is a lot on offer there – although you are still a little young for some of the below, I have visited most of the places referred to.  It is a lovely city and whenever I read about it my thoughts inevitably turn to you.

This post is also the 100th one categorised with your name, either alone or with other categories – all my messages to you personally or posts that otherwise relate to you directly; the total number of posts is now approaching 300.

STEPHEN MANSFIELD
Travel
Hiroshima’s past is one of many reasons to pay a visit
by Stephen Mansfield
Special To The Japan Times

Aug 4, 2017

 

The early morning light on this summer day, illuminating the under canopies of trees and sending warm, golden strobes across the oyster cafes over the embankments of the Kyobashi River, is enchanting.
A fan-shaped city divided by seven deltaic waterways, Hiroshima sits on six islands formed by estuarial rivers. It feels large and expansive, but is free of the crowds that fill Tokyo and Osaka. Elegant bridges and river perspectives add notes of grace to this modern city, but its streams of history and collective memory return, invariably, to the morning of Aug. 6, 1945, when a white light lit it up from west to east before plunging it into semi-darkness.

 

It was the world’s first use of nuclear weapons on a civilian population, and the effects have been indelible. Today, the story of the atomic bombing of Hiroshima is well understood, but it wasn’t always so — the full truth of what happened took decades to come out as the U.S. Occupation and government sought to keep a lid on images of the destruction and suffering. Japan, for its part, also took decades to erect a memorial acknowledging the Korean laborers who perished alongside Japanese in Hiroshima. The Koreans, whose experience must count as a double misfortune, did get their memorial in the end, though you will have to seek it out. Sidelined away from the central monuments of the Peace Park, it feels a little like an uncomfortable afterthought.
Visiting the city around this time of year can be intense, especially in the areas connected with its wartime history, but it is well worth your while. Local residents enjoy the open spaces and river views; groups of tourists follow guides, stopping periodically to hear explanations; and people with signs and clipboards are never far away. Causes include everything from pleas for world peace and efforts to project Japan’s pacifist Constitution to protests against the harvesting of human organs in China. It’s tempting to get caught up in this highly politicized vortex and become a victim of the mild delirium that can assail visitors, but don’t worry — people with agendas tend to cluster around Motoyasu Bridge. Those with interest can get involved; for others, it’s good to just keep moving.
You have to steel yourself for a visit to Hiroshima. The travel writer Ethel Mannin visited the city in 1958, bracing herself on one occasion when a doctor passed her an album of photographs of A-bomb injuries.
“Once you have looked without passing out,” she noted, “you can go on looking, for you can only be profoundly shocked in that way once; after that comes only the dull repetition of horror.” Mannin witnessed the living conditions of the very poor, many of them debilitated by radiation sickness in the days before the city’s slow recovery.
She was taken to an area behind the Atomic Bomb Dome, the ruins of the former Industrial Promotion Hall, at the hypocenter of the explosion. Today, the area is set aside for restaurants and bars catering to tourists, and to a pier where visitors embark for cruises along the Motoyasu River. In Mannin’s day, improvised shacks made from scavenged corrugated iron, sacking and splintered wood, occupied the spot. The writer was told that eviction orders had been served on the slum’s residents, but many of them, unable to work full time, were incapable of paying even the lowest rents.
The plight of those exposed to radiation extended well beyond the end of the war and the limits of corporeal suffering. In the decades that followed, discrimination against the hibakusha was remorseless — some healthy families refused to let their offspring marry a sufferer, and some employers denied them work. Many of those with nonvisible injuries, fearing stigmatization, refused to visit hospitals and receive treatment.
You needn’t be of any particular nationality to be affected by the lessons this city has to teach, for its tragedy is fundamentally a human one. That said, life has moved on in Hiroshima, a city with many dimensions. The best approach, perhaps, is to pay your respects early on, and then turn your attention to a city that has become a model of forward-looking prosperity.
My first stop after visiting the Peace Park and Atomic Bomb Museum is always to seek out the grounds of Shukkei-en, a traditional Japanese garden. Its location, close to ground zero, resulted in extensive damage. After painstaking reconstruction, it was opened to the public in 1951. If prewar photos are anything to go by, the restoration appears to be remarkably faithful.
A typical Japanese circuit garden, the site was created in 1620, purportedly by the tea ceremony master Ueda Soko. The name translates as “compressed scenery garden,” an apt description for the series of valley, forest and mountain cameos skillfully integrated into the grounds. Like today, the original garden contained a number of teahouses, stone lanterns and miniaturized scenes to form a cultural digest of sights in China and Japan. Perhaps the strongest Chinese reference is the Takuei Pond, with its many islets, including the clear outline of a turtle and crane island. The water is transected by Koko-kyo bridge, modeled on the causeway at Xi Hu, the West Lake in Hangzhou. A green and bucolic spot, Shukkei-en is more than just a garden: It is a symbol of rebirth and hope.
The original garden was constructed around the same time as Hiroshima Castle and is within walking distance of it. There are only 12 authentic castles remaining in Japan, and this is not one of them. The fortress replica that stands today is skillfully done, however, with three towers and a wide moat shored up with the original masonry. Innovations found in other castle replicas, such as elevators, are mercifully absent. As you climb to the fifth story of the donjon (keep), each floor has historical displays of armor, weaponry, manuscripts and maps, not to mention actors in costume stalking photo opportunities here and there.
It’s a short enough walk from the castle to the Hiroshima Museum of Art, though the city’s straight avenues and boulevards can also be negotiated by tramcar, vehicles that add a touch of old-world urban elegance. If the exhibits of paintings by the likes of Claude Monet, Henri Matisse and Pierre-Auguste Renoir seem removed from the life of the city, the Hiroshima Prefectural Art Museum (to the east of the castle) has a number of works more expressive of the spirit of place, the most conspicuous being the rather harrowing “Holocaust at Hiroshima,” a large painting by Ikuo Hirayama. The artist witnessed the bombing, so we can depend on the authenticity of the scenes it depicts. Among the museum’s more arresting works by foreign artists is the surrealist masterpiece, “Dreams of Venus,” by Salvador Dali. With its signature melting watch the canvas put me in mind of a curious weekend spent in the company of Dali and his wife Gala at their seafront home in the Catalan village of Cadaques, Spain. But that’s another story, another moment in time.
The third venue in the cultural triangle is the Hiroshima City Museum of Contemporary Art, with its fine collection of works from around the world. The grounds of the museum, located at the top of Hijiyama, an incline with commanding views of the city, are peppered with important modern sculptures, including a work by Henry Moore. Hiroshima’s vibrant art scene, restaurants, gardens, parks and cafe life and the undeniably international feeling conferred on it by so many visitors from around the world combine to make it an inspiring model of dynamic recovery.
Inevitably, though, one is drawn back to the oppressive final days of the war and the superheated summer that put Hiroshima, a then little-known port city, forever on the map. I returned on my final night for one last look at the Atomic Bomb Dome. Apparently some local residents had objected to the beautification of the monument with the installation of colored lights for nighttime. The word “magical” may seem inappropriate, but there was a haunting, phantasmagoric quality to the lit girders, torn walls and blackened cavities of the building.
Despite its nocturnal charms, it is advisable to visit Hiroshima in the daytime, when the sunbeams chase away the scorched shadows of the past and one can appreciate the light, passing as it should from east to west.
High-speed shinkansen, local trains and buses all arrive at Hiroshima Station. Hiroshima-Nishi Airport and Hiroshima Airport host flights from Tokyo and other large cities. There are two information booths in Hiroshima Station. To learn more, visit http://www.visithiroshima.net.

Source:  “Hiroshima’s past is one of many reasons to pay a visit”, The Japan Times, 4 August 2017

New international family law convention proposed

New international family law convention proposed

Hague Convention
If created, the new international treaty would join the three existing Hague Conventions on family law matters – the 1980 Convention on the Civil Aspects of International Child Abduction; the 1996 Convention on Parental Responsibility and Protection of Children; and the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

Hague Conventions derive their name from the Dutch city of Den Haag (The Hague), where the first was signed as long ago as 1899. Since 1951 38 Conventions on different aspects of “private international law” have been created.

An expert’s group had been drawn together to explore issues surrounding the enforcement in participating countries of legal orders and agreements concerning children made in other participating states. Following their investigations they proposed the creation of the brand new Convention to facilitate this process and add value to the three earlier family law Hague Conventions.

A situation in which a family order made in one country is generally recognised and enforced in other nations was in the best interests of children they declared.

The three existing family law Conventions do not address longer term family arrangements – for example, child maintenance or contact, or other financial issues, including property. If created, the new Convention would provide an efficient and simple method for cross-border enforcement of such matters.

Stowe Family Law Web Team

View more from this author

 

Source:  “New international family law convention proposed”, Stowe Family Law Blog, 16 July 2017

Most kidnapped children are taken by a parent. That doesn’t mean they’re safe

Most kidnapped children are taken by a parent. That doesn’t mean they’re safe

 

By Jane K. Stoever July 21
Jane K. Stoever is a clinical professor of law and director of the domestic violence clinic at University of California, Irvine School of Law.

When my client told me her abusive ex-boyfriend had shown up after a long absence, beaten her and kidnapped their children, I assumed the police would respond quickly and issue Amber alerts. But a D.C. police officer refused even to write a report, dismissing the complaint as a “private family matter” and opining, “What safer place for the children than with their dad?”
We were met with similar indifference from the child-abduction unit supervisor, who pondered, “Isn’t possession nine-tenths of the law?” (No, it’s not.)
The reaction of the judge in the family court’s domestic violence unit was equally alarming. She incorrectly questioned whether she had jurisdiction, now that the children were several states away. And when she learned that my client had declined her ex-boyfriend’s marriage proposal, and that he’d texted that if she wanted to see their children again she would agree to marry him, the judge said, “Aw, it sounds like he’s just heartbroken.”
Eventually, persuaded by my clinical law student’s recitation of the applicable law and by my client’s visible bruises, the judge entered a temporary protection order that awarded my client custody of the children. After several days on the road, the ex-boyfriend said he would return with the children if my client would not pursue criminal charges for abduction. She desperately wanted her children back home with her and readily agreed.

I was relieved — but also disheartened that the justice system seemed to care so little about the plight of these children who had been abducted by their abusive, estranged father.

(Asked by The Washington Post this past week about parental abductions, a D.C. police spokeswoman said that the department “treats each missing persons case with seriousness and utmost zeal. We use the press, social media and a variety of other avenues to locate missing children as quickly as possible.”)
On the other side of the country, when I began representing abuse survivors in California five years ago, I saw the same state refusal to respond to abductions committed by abusive parents. One client found our domestic violence law clinic after her abuser reported her to immigration authorities, fled with their infant and went to extreme lengths to hide. His actions violated multiple laws. Moreover, we had serious concerns about the baby’s safety — our client had been granted a domestic violence green card because of the life-threatening abuse she experienced from this man. Yet several police departments refused to take a police report on the kidnapping, even when presented with evidence of the man’s domestic violence convictions. I had to read aloud to a police chief the criminal-code section detailing how taking, withholding or concealing a child from someone who has a lawful right to the child is the definition of child abduction. Even with a police report, though, the district attorney’s office did not act.

The case haunted my students in the legal clinic, my co-teacher and me. “Have you found my baby yet?” our client asked every time we spoke with her. And so we continued to search for possible leads, hired private investigators, hung “missing child” posters throughout the region and engaged in a media campaign that, one year after the baby went missing, proved key to recovering her.
Our society fixates on “stranger danger.” Popular media portrays abductors as pedophiles, serial killers and other strangers who prey on children. Parental and societal fears are fueled by the well-known murders of Danielle van Dam, Adam Walsh, Polly Klaas, Samantha Runnion and Carlie Brucia, and the stories of Elizabeth Smart, Erica Pratt and Jaycee Dugard, who lived to tell of their kidnappings.
But contrary to the dominant narrative, nearly all child abductions are perpetrated by family members. Stranger abductions — certainly alarming and tragic — actually occur with “lightning-strike rarity,” as a report in the journal Criminal Justice Studies put it, in contrast to the more than 200,000 parental abductions committed each year that meet the criminal criteria and are not merely delayed visitations or misunderstandings.

That might seem reassuring, but it shouldn’t be. Abduction by a parent can pose significant risk to a child’s safety and well-being. And for the domestic violence survivor whose child is abducted, this is the ultimate form of abuse.
Parental abduction frequently is part of a larger dynamic of domestic violence. Most left-behind parents report that the abductor physically abused them, threatened their lives and threatened to kidnap the child before doing so. Particularly when the victimized parent seeks to end the relationship, abusive partners commit abduction as a way to exert control, fulfill a quest for revenge or hurt them. And it works. Left-behind victims report that the trauma of losing their children far exceeds any physical, sexual or mental abuse they experienced during the relationship.

Abusive abductors may also be motivated by a fear of losing custody or a desire to gain custody of a child. Because such scenarios are common, and parental abductions occur in families in discord, police often dismiss complaints as messy family situations, assume complainants are overreacting or think that parents are embellishing reports of parental abduction to further their own custody claims.

Domestic violence is also a motivating factor in a smaller number of abduction cases in which an abused parent seeks to safeguard a child from harm. Abuse survivors who flee with their children tend to do so when the courts and law enforcement have failed to provide needed protection.
As with stranger abduction, children kidnapped by their parents are often traumatized and harmed. Unsurprisingly, these children face greater physical danger when the abducting parent has a history of perpetrating domestic violence. A Justice Department study concluded that one-third of children abducted by a parent suffer serious sexual, physical or mental harm, with many more children experiencing other emotional and physical trauma. The abducting parent’s deception, which may involve adopting a fugitive lifestyle, creates its own set of problems. Children may be pulled out of school, denied medical attention, coached to lie and warned away from making friends. While some abducting parents return children on their own and some left-behind parents succeed in their self-initiated efforts, 20 percent of abducted children remain missing for more than a month, and some are never recovered.
These kidnappings can end tragically. In one prominent case, Simon Gonzales violated a restraining order and abducted his three daughters in Colorado in 1999. Their mother sought help from police seven times on the phone and twice in person in the hours that followed, but she was rebuffed with comments such as, “At least you know the children are with their father.” Gonzales went to a police station that night and opened fire. After a shootout, police found the bodies of the three girls inside his truck.
Despite the harms of parental abduction, and state and federal laws prohibiting parental kidnapping and custodial interference, these crimes are not typically viewed as requiring legal intervention. Police response and prosecution are rare.
The Justice Department reports that although an estimated 155,800 children are victims of “serious” parental abductions each year, only 30,500 police reports are officially registered, 9,200 cases are officially opened in prosecutors’ offices, an estimated 4,500 arrests for parental abduction are made, and 3,500 criminal complaints are filed. In a national survey of law enforcement offices, about half of the 17,000 responding offices said they always refuse to take a missing-child report for a parentally abducted child, instead viewing it as a private family issue or a matter for family court.
The failure to initiate investigations, take reports or obtain photographs is contrary to national guidelines recommending that police be immediately dispatched in response to all complaints of missing or abducted children. Police often instead misinform parents that the child has to be taken across state lines or be missing for a specified period of time before they can respond. Parental abductions most often occur during scheduled visitation with the non-custodial parent, so police instruct the left-behind parent to wait, presuming the issue will resolve itself. However, the first few hours are crucial for locating an abducted child, and any delay favors abductors.
The reluctance to intervene does not reflect legal gray areas. Although the 1932 Federal Kidnapping Act, which made abduction a federal offense, excluded parental abduction based on the presumption that parents always act out of concern for their children, numerous federal and state laws now address parental abduction. For instance, the 1990 National Child Search and Assistance Act prohibits law enforcement agencies from creating waiting periods before accepting a missing-child report, regardless of custody status. Congress went further with the International Parental Kidnapping Crime Act of 1993 and the Uniform Child Abduction Prevention Act of 2006. Current laws could be improved — especially at the state level, where some states require preexisting custody orders to act and others lack family violence defenses — but the failure to implement and enforce existing laws is the first hurdle.
So how can the failure of legal authorities to respond to parental abduction be explained? Although domestic violence is increasingly recognized as a serious crime, we still tend to be socialized to believe that danger lurks outside the home and that harm doesn’t often occur within a family. Violent crimes committed by strangers garner significantly more resources and attention, and are more likely to lead to arrests and prosecution, than identical crimes committed against family members or intimate partners.
At the same time, our society longs for parental engagement, especially by fathers. Judges tend to reward fathers who demonstrate interest in custody of their children — overlooking histories of domestic abuse.
Gendered and racialized intervention practices are also telling. The majority of parents who abduct their children, including abusive abductors, are white men . Yet women are more likely than men to be convicted and incarcerated for abduction-related offenses, even when they are fleeing to protect their children from family violence. Studies show that police and courts trivialize and distrust legal complaints from women but don’t apply the same skepticism to complaints from men.
And beyond the context of parental abduction, the state has shown itself to be more comfortable targeting, regulating and punitively intruding on families of color, especially poor ones, than it appears to be with white families. For example, poor parents of color are disproportionately incarcerated for not paying child support, which is pitched as a crime against the state. Low-income women of color who experience abuse are often charged with neglect for exposing their children to domestic violence or for living in conditions of poverty. Officials also increasingly arrest and prosecute abuse survivors who inflict defensive wounds, and they incarcerate victims who refuse to testify against their abusers.
Although state intervention is unwarranted and unwanted in some family matters, it is desperately needed to prevent and respond to abusive abductors.
Because histories of violence and kidnapping threats commonly precede parental abduction, family court judges could issue more restrictive visitation or custody orders to prevent kidnappings. Law enforcement, prosecutors and judges also need training on the many laws that facilitate abduction investigations, authorize protective court orders, and enforce and prosecute custodial interference or child abduction. And they need to be able to distinguish between the very different motives and situations of abusive abductors and survivor abductors. Exemptions or affirmative defenses for family violence victims also need to be available and used.
I woke up on Thursday to an email from a fellow West Coast lawyer who represents abuse survivors, seeking help recovering a child who was abducted by an abusive parent to the Midwest. The parent had fled their state with the child in violation of a domestic violence protection order, but, still, law enforcement officials refused to intervene because the child was with a parent.
These children, and the left-behind parents who desperately ask, “Have you found my baby yet?,” deserve the help of our justice system.

Twitter: @jane_stoever

Source:  “Most kidnapped children are taken by a parent.  That doesn’t mean they’re safe”, The Washington Post, 21 July 2017