http://the-japan-news.com/news/article/0004447319

Japan on U.S. list of nations noncompliant with Hague Treaty

 

Jiji PressWASHINGTON (Jiji Press) — The U.S. State Department on Wednesday listed Japan as one of countries showing a pattern of noncompliance with the so-called Hague Treaty that sets procedures to settle cross-border parental child abduction cases.

Japan joined the Convention on the Civil Aspects of International Child Abduction in 2014, and it is the first time since then that the nation has been put on the list in the department’s annual report on the issue of children taken by one parent following the breakup of international marriages.

The listing may help put greater pressure on Japan to comply with the treaty, pundits said.

The 2018 report said Japan has made “measurable progress” on international parental child abduction, noting that the average number of children reported abducted to the country each year has decreased by 44 percent since 2014.

While noting that “a strong and productive relationship” between the Japanese and U.S. governments has facilitated the resolution of abduction cases, the report said that “there were no effective means” to enforce court return orders.

As a result, 22 percent of requests for the return of abducted children under the treaty remained unresolved for more than one year, the report said, adding the enforcement process is “extremely long.”

A total of 12 countries, also including China, India, Brazil and Argentina, were on the 2018 list of countries showing a pattern of noncompliance.

“Now is an opportunity for the government of Japan to demonstrate a true commitment to reforming its inability to enforce its own judicial rulings,” said Jeffery Morehouse, who is seeking to gain custody of his son in Japan.

Paul Toland, who hopes to reunite with his daughter in Japan, said, “Japan will need a complete reform of their family law system and will have to change the way they view the rights of a child to know and love both parents after a divorce if they ever want to be compliant with the Hague [treaty].”

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http://letterstomysons.com/2012/05/16/is-the-state-department-violating-law-and-continuing-cover-up-of-international-kidnapping-issue/

For immediate reference, here is the text from this blog:

For over a decade the Department of State has largely ignored the issue of international parental kidnapping.

From State Department attorney Tom Johnson, also the parent of an internationally kidnapped child, “The (State) Department’s bad faith is especially evident with regard to this point, since Congress itself estimated there to be 10,000 abducted American children abroad when it passed the 1993 International Parental Kidnapping Crimes Act. Congress knows that even the State Department admits to 500 to 1000 new cases annually, and Congress knows that the National Center’s estimate is up to 17,000 per year. These numbers include both Hague and non-Hague cases, but nevertheless indicate the extent of the Department’s attempt to mislead Congress with a report of only 58 unresolved cases.”

SOURCE: Johnson, Thomas A. 2000. The Hague Child Abduction Convention: Diminishing returns and little to celebrate for Americans. New York University Journal of International Law and Politics 33 (1): 125-178.  http://goo.gl/mz3t8

The Department of State suffers from a severe conflict of interest – they view their primary role as maintaining relations with foreign countries, often referring to foreign governments as their “Clients”.  By its very nature, the child kidnapping issue is “disruptive” to the relations between the U.S. and countries which support abduction.

Through a series of sleights of hand, the State Department actively attempts to downplay, minimize and cover up the number of abductions and the true severity of their failure to address the issue.

As an example, for over a year the Department of State has neglected to update the number of children kidnapped to Japan.  http://goo.gl/Gxu48   Not to mention that the official count provided by the Department of State is constantly called into question [ http://goo.gl/q234a AND http://goo.gl/YQ4uP ], and that the State Department continues to publicly manipulate the numbers [ http://goo.gl/fMxcI ].

Also, the Department of State continues to treat the issue of kidnapped children as a “custody” issue, despite the fact that it is both a crime [ custodial inference and/or kidnapping at the state-level  AND a violation of the IPKA at the federal-level ]  and a human-rights abuse [ per Congress, per the UN Convention on the Rights of the Child http://goo.gl/wbGKf, and even per then First Lady, Secretary of State Hillary Clinton  http://goo.gl/a0TRg ]

The State Department completely refuses to call out major offense countries, such as Japan, for violating the human rights of US children, attacking U.S. sovereignty, and abdicating their responsibility  to the International community.

The State department is also stopping approval for *any* attempts to extradite parental kidnappers from certain “allied” countries – Japan being the most prominent example.  This is a direct violation of federal code:

SOURCE: EXTRADITION TREATIES INTERPRETATION ACT of 1998 (Note 18 USC 3181)

“SEC. 203. INTERPRETATION OF EXTRADITION TREATIES.

“For purposes of any extradition treaty to which the United States is a party, Congress authorizes the interpretation of the terms ‘kidnaping’ and ‘kidnapping’ to include parental kidnapping.”

Using the example of Japan, the Department of State repeats Japan’s claim that parental abduction is “not a crime”.  However, Japan has arrested numerous parents for attempted child abduction – most famously Christopher Savoie in 2009.  This is something that is admitted on the State Department’s own website:  http://goo.gl/JJkYa

Since the State Department acknowledges that Japan has arrested parents for “kidnapping”, how can they continue to repeat the farcical claim that such an act is not illegal in Japan?!

In addition, Japan ratified the UN CRC in 1994.  This UN human rights treaty states in article 11 that international kidnapping (specifically including Parental Kidnapping) is a crime.  Further, Japan’s constitution clearly states in article 98 that “the treaties concluded by Japan and established laws of nations shall be faithfully observed” [ http://goo.gl/OeauR ].  So the State Department is choosing the path of least conflict by refusing to call Japan out; and doing so at the expense of U.S. parents and U.S. children.

Finally, as stated above, congress has already addressed this issue of disparity in the EXTRADITION TREATIES INTERPRETATION ACT of 1998: http://goo.gl/vHNlY

So why is the Department of State violating federal law and continuing to block any attempts at extradition from the country of Japan? Why is the Department of State refusing to publicly condemn these human rights abuses against U.S. citizens and attacks on U.S. sovereignty?

These are precisely the type of actions needed to bring this issue of protecting U.S. children to head, and force a resolution between the two countries. The disfunction of foreign courts should not impede attempts to take appropriate legal actions consistant with U.S. federal code that would highlight these issues.  Nor should the Department of State cower from its duty to protect U.S. children by publicly calling out countries which are guilty of this human rights offense.

The State Department publicly meets with, and offers assistance to, Japanese nationals with family members abducted to North Korea – yet turns its back on U.S. parents.  STATE also publicly condemns North Korea for the human rights violations the the North Korean abductions represent – Yet refuses to condemn Japan for supporting the abductions of the thousands of children taken to, or held in, Japan.  Japan in turn, uses this contradiction by the Department of State to justify its hypocrisy: http://bit.ly/JAcowX

Why does the State Department seem to have such woefully misplaced loyalties?  And why are they being allowed to violate U.S. Federal Law?

And what are the members of Congress going to do about it?  Because right now, Congress is sitting on their hands as the Department of State sells out U.S. children.

 

*I recommend that you also read my post: Child Abduction in Japan… The REAL Numbers

 

http://www.bachome.org/wordpress/2012/04/dos-and-child-abduction/

 

DoS and Child Abduction

Monday, April 16th, 2012

To the attention of Secretary of State Hilary Clinton, the Assistant Secretary of State Kurt Campbell and all employees in the State Department’s Office of Children’s Issues:

This letter was received by Congressman Smith’s office during the week of the introduction of H.R.1940, the Sean and David Goldman International Child Abduction, Prevention and Return Act.

March 26, 2012

 

Dear Congressman Smith:

By now you are aware that Japan has agreed to sign the Hague Convention on the Civil Aspects of Child Abduction (the Hague treaty).  By now you are also aware that while Japan has “agreed” that it will sign the treaty, it does not seem to have any intention to actually honor it.  This fact can be gleaned from Japanese press articles and Parliamentary sessions that extol the virtues of several “exceptions” the Japanese plan to implement upon their joining of the Hague.

The ambiguity of these loopholes reveals that Japan’s accession to the Hague will be, at best, a misrepresentation of the country’s true intentions and, at worst, an outright fraud.

 

U.S. Department of State disregards the welfare of abducted children

On May 24, 2011 while sitting as Chairman for the Africa, Global Health, and Human Rights Subcommittee, you remarked that parentally abducted children lose half of their identity and half of their culture and “are at risk of serious emotional and psychological problems [including] anxiety, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt and [fear]” and that these struggles continue on into adulthood.

Despite the litany of childhood problems you detailed in your speech, I deeply fear that the U.S. Department of State (“State Department”) has failed to research, or even acknowledge, the harm that can befall a child who has been parentally abducted.

For years, several organizations, including the American Bar Association and the U.S. Department of Justice, have maintained that parents with narcissistic personality disorder and/or sociopathic personality traits are more likely to kidnap their children than those who are emotionally “healthy”.  While countless researchers have examined the long-lasting consequences of being raised in these circumstances, it appears that the State Department has chosen to ignore this research in its entirety.

In 2011, the State Department Office of Children’s Issues met with parents of children who have been abducted to Japan.  At this meeting there was a guest speaker—a child welfare “expert” hired by the State Department to convince a group of grieving and traumatized parents that they should not worry about their children so much because abducted children are “resilient”.  Aside from the fact that this “expert” seemed to completely ignore all of the research that led to the implementation of the International Parental Kidnapping Crime Act and the Hague treaty in the first place, the State Department’s flagrant disregard for the pain and emotional damage that these children suffer was unconscionable—to say nothing of the feelings of the parents who were seated in that room while having to listen to that discussion.  It is reminiscent of the radiation scandal where the poisoned victims were told that the version of chromium they were exposed to was actually “good for them”.  It is positively unthinkable.

 

Living with an emotionally unhealthy parent

Children who are raised with an emotionally unstable parent do not reach adulthood unscathed.  Indeed, children who have been parentally kidnapped are often raised in an emotionally abnormal environment without the benefit of a healthy parent to counter-balance the abductor’s erratic or destructive behavior.  Several researchers have examined the emotional fallout experienced by children who have been raised with parents who suffer from narcissistic or borderline personality disorder, and they have found that the impact of this damage is both deep and long-lasting.

 

Narcissistic personality disorder

Several publications have described that narcissism is a personality trait that increases the risk of parental abduction.  Narcissists often rationalize their violation of court orders and feel no remorse if they bend the rules to benefit themselves.1

A child of a narcissist can suffer severely because narcissists have “limited or no ability” to recognize their children as separate individuals with free will and needs of their own. Children who are raised by a narcissistic parent often feel extremely lonely and isolated because the parent can, to the outside world, appear to be self-confident and self-controlled, but in private can unleash a battery of constant criticisms and have difficulty controlling their anger.3  Eleanor Payson, a licensed family therapist, describes this nightmare as “a private one that can only be stopped by outside validation”.4  A child raised by a narcissistic parent must grow up quickly, repressing his or her true feelings in order to serve the narcissist’s needs.5

 

Borderline personality disorder

Bill Eddy is an attorney, mediator and clinical social worker.  He is an expert in child custody issues that arise when someone divorces a spouse with narcissistic personality disorder or borderline personality disorder.  He explains that parents with borderline personality disorder often “desire the elimination of the other parent as much as possible”.6  Researchers have found that a borderline parent will often use “I’ll never speak to you again” as a primary method of solving interpersonal conflict, and the child will thereafter feel forced to agree with his parent’s opinion, even if his opinion or recollection is not the same.7  These parents “enmesh” themselves with their children8 and rather than being allowed to feel, the borderline parent convinces the children how they are supposed to feel.9

In Eddy’s experience, parents who kidnap their children are unwilling to share parenting with the other parent and “decide they were above the law”. 10  The risk of abduction is exacerbated by a borderline’s impulsivity and the fact that they feel superior to a court’s orders.11

Borderline parents hold their children captive to onslaughts of verbal abuse followed by the silent treatment.  They criticize and belittle their children, causing the children to suffer great confusion, pain and silent anger.12  Life with a borderline parent can bring “constant chaos” and is typified by the borderline’s verbal abuse, unpredictability, denying the child’s perception of events, the need to dominate, threatening to get her own way, making abusive comments and setting unrealistic expectations.13  Denying the feelings and needs of others and trying to get the child to engage in illogical arguments only exacerbates the pain, loneliness and confusion.14  While it is impossible to discover exactly how many international abductions have been committed by narcissistic or borderline personality disordered individuals, this research cannot and should not be ignored.

 

The State Department is obstructing justice and minimizing a federal felony crime

Through their complicity, the State Department is unnecessarily prolonging the pain of these abducted children and their parents.  The State Department needs to acknowledge that crimes have been committed by these Japanese nationals and that the Japanese government has done nothing to rectify the situation.

The Justice Department has acknowledged that parental abduction is damaging and that “the worst damage is imperceptible to the eye, occurring deep within the child, leaving traces that last a lifetime”.15  The State Department should be admonished for using taxpayer money to pay a child welfare “expert” to cajole left-behind parents to think that parental abduction is not such a bad thing after all because kids are “resilient”, and to offer up such fiction in front of the F.B.I, the very agency that should be assisting these bereaved and aching parents in the recovery of their children.  The State Department needs to be severely questioned as to why it is devoting its efforts to obstructing justice rather than fighting for it.

 

Thank you for your time and attention.

 

Amy J. Savoie, Ph.D.

 

Resources

1  Payson, Eleanor D., M.S.W.  2002.  The Wizard of Oz and other Narcissists.

Royal   Oak, Michigan: Julian Day Publications, p. 19.

2  Payson, p. 30.

3  Payson, pp. 16, 30.

4  Payson, p. 16.

5  Payson, p. 66.

6  Eddy, Bill, LCSW, JD and Randi Kreger.  2011.  Splitting: Protecting Yourself   

   while Divorcing Someone with Borderline or Narcissistic Personality Disorder.  

  Oakland, California: New Harbinger Publications, Inc., p. 263.

7  Roth, Kimberlee and Freda B. Friedman, Ph.D., LCSW.  2003.  Surviving a 

   Borderline Parent: How to Heal Your Childhood Wounds & Build Trust,  

   Boundaries, and Self-Esteem.  Oakland, California: New Harbinger

Publications, p. 120.

8  Eddy, p. 249.

9  Roth, p. 121.

10 Eddy, p. 248.

11 Eddy, p. 249.

12 Lawson, Christine Ann.  2000.  Understanding the Borderline Mother: Helping  

    Her Children Transcend the Intense, Unpredictable, and Volatile Relationship. 

    New York: Rowman & Littlefield Publishers, Inc., pg. 207.

13  Mason, Paul, MS and Randi Kreger.  2010.  Stop Walking on Eggshells, 2nd 

    Edition.   Oakland, California.  New Harbinger Publications, Inc., pg. 61.

14  Mason, p. 109.

15  The U.S. Department of Justice, from the publication The Crime of Family

Abduction, a Child’s and Parent’s Perspective, First Edition.  May 2010.