Mulboyne, I stand corrected

In October, I wrote about the attempted abduction/rescue of the Savoie children by Chris Savoie from his wife, and explained my sympathy for Noriko, the Japanese wife who had absconded with the children from Tennessee, USA to Japan. While acknowledging and criticizing the Japanese child custody regime, I was appalled by Chris’ conduct and said very clearly that “Christopher is the wrong martyr to rally behind in this fight.” Mulboyne disagreed (right after saying that the post was too long at 200 or so comments — it currently stands at 434), and had this to say:

One of Curzon’s original points was that Savoie is “the wrong martyr for the cause”. It’s beginning to look like he might be the right one… for better or worse, his case has received significant coverage in the US and coverage in the Japanese media is now building up momentum… Even following an announcement in May 2008 by the Ministry of Justice that Japan was beginning to look at the possibility of becoming a signatory to Hague, there was no mention of any specific instance. The same when Canada, Britain, France and the US made a joint diplomatic representation on the issue in May of this year.

Christopher Savoie’s actions in Japan have been reckless and stupid but, whereas most cases have no narrative development, this one has a good deal and promises more. Even coverage of a left behind parent tails off in the US in the absence of any concrete development. Most parents are just sitting and waiting or else tied up in legal proceedings in Japan which generally go slowly and, usually, nowehere. With Savoie, we have a man in jail and something has to happen to him. He might be charged, he might be released, he might be deported. Whichever course of action the authorities take, there will be repercussions and more coverage.

Such was my disgust with Savoie that I did not want to agree with that analysis. Mulboyne later repeated this comment in more detail over beers a few weeks later (we’re a social bunch, us MF and CA bloggers).

Yet we now read that Foreign Minister Okada has set up a division inside the Ministry of Foreign Affairs to study the issue:

The Foreign Ministry has set up a new division to handle international child custody issues in response to overseas criticism that Japan allows Japanese mothers to take their children away from their divorced partners.

The division, officially launched Tuesday, will study the issue, including whether to sign the 1980 Hague Convention on the Civil Aspects of International Child Abduction, whose aim is to secure the prompt return of children wrongfully removed to or retained in any signatory countries, Foreign Minister Katsuya Okada said.

Of course, such criticism has been ongoing for years and has been well documented and criticized, yet only now, after the -awful CNN- press coverage of the Savoie fiasco is the Japanese government taking notice. My conclusion? I can’t bear to acknowledge it twice, so just read the post title again.

Interesting perspective…

From a half-Japanese consultant based in Kyrgyzstan:

「キルギス人と日本人は元々同じ民族であったが、魚が好きな人は東に行って日本人になり、肉の好きな人は西に言ってキルギス人になった。」と言う話をよく聞きます。

I often hear, “The Kyrgyz and Japanese were once the same people, but those who liked fish went east and those who liked meat went west.”

Who wants a Ferrari for only ¥72,800?

The Japan subsidiary of Acer, a Taiwanese computer manufacturer, has become the first computer manufacturer licensed to produce a laptop incorporated the Ferrari design.

acer ferrari

It goes on sale on November 27th, and comes with a 340gb HD, 4gb of RAM, and an 11.6 inch widescreen, among other standard features. On startup, it launches into the Ferrari engine roar.

The Universalistic Elements of Japan’s Criminal Code

I just arrived in the United States, flying from Narita on All Nippon Airways (ANA). In the bathroom on the airplane, I noticed this prominent warning sticker on the mirror.

smoke detector warning ANA

At the time I read this, we were flying over the United States, towards a city in the United States, and there was no reference to punishment under US law. I wondered if some people might read that and think that, under the circumstances, who cares? Japan can’t prosecute me here!

Actually, they can — just check out Article 1 of Japan’s Criminal Code:

Article 1 (Domestic Crime)
1. This law applies to all persons who commit crimes inside Japan.
2. The previous section shall also apply to all persons who commit crimes on Japanese boats and airplanes outside Japan.

There you have it — this is the general general rule for the application of criminal statutes in Japan. Also, although not specifically stated here, the criminal laws also apply at Japanese embassies and consulates overseas.

The first four articles of the Criminal Code deal with the different types of applicability. Moving on to the remaining provisions:
* Article 2 concerns acts covered by Japan’s criminal law no matter who commits them, anywhere outside Japan, and include aiding and abetting enemies of the state, the various classifications of treason, and conterfeiting currency, securities, credit cards, public documents, and seals.
* Article 3 concerns acts covered by Japan’s criminal law if carried out by citizens overseas, and include arson, forgery of private documents, rape, bigamy, murder, felony murder, abandonment of a child, kidnapping, human trafficking, robbery, criminal defamation, and larceny. There’s a reason not to natualize!
* Article 3, 2 (第3条の2) covers the applicability of Japanese criminal law to crimes committed against Japanese citizens outside Japan, and includes rape, murder, felony murder, kidnapping, human trafficking, robbery, and similar crimes against the life and body (but not property) of the Japanese citizen.
* Article 4 covers crimes that are committed by public servants overseas, and includes the crime of aiding a fugitives by a responsible guardian (i.e. a cop helping a prisoner escape), forging public documents, recieving bribes, felony murder (occuring while carrying out public duties), and violent abuse committed by a special public servant (i.e. being beaten by a cop).
* Article 4, 2 (第4条の2) covers crimes where Japanese criminal law applies under treaty.

SIDENOTE: Article 39 of Japan’s Constitution prohibits double jeapardy, i.e. being punished twice for the same crime. However, that only applies to the same court punishing someone for the same crime — so for example, a Japanese citizen could serve time in a US prison for, say, arson — and return to Japan only to be prosecuted again for the same crime.

Reconsidering the Reconsideration of Futenma

Comments closed, please join the fray at ComingAnarchy.

The Futenma US Marine Airbase is inconveniently situated in the center of Ginowan City in southern Okinawa. The location is awful, a relic of Japan’s imperial military infrastructure that has military aircraft constantly landing and taking off in a dense urban environment, and the locals want it gone. In the mid-1990s the Liberal Democratic Party (LDP) and the US started to hammer out a relocation plan, and fifteen years later, they finally agreed to move the base to an offshore facility in northern Okinawa.

futenmaJapan’s new Prime Minister Yukio Hatoyama of the Democratic Party of Japan (DPJ) wants to uphold an election pledge to “move away from U.S. dependency to a more equal alliance” — which means reconsidering the Futenma relocation. Hatayama wants to act boldly on this matter, and has decided that instead the base should be moved to… um… somewhere else. Well, maybe — he hasn’t decided yet. Hatoyama’s inability to envision an alternative plan, or even how to approach an alternative plan, combined with the DPJ’s replacement of bureaucrats with elected politicians in the public policy debate, has given the more ambitious members of the cabinet the opportunity to engage in public policy freestyling. Transportation Minister Maehara wants to scrap the plan and go back to square one, Defense Minister Kitazawa wants to keep the plan as it is, and Foreign Minister Okada wants to relocate the base -elsewhere in Japan- -to Guam- elsewhere inside Okinawa. The DPJ vision changes almost daily, and US officials, long numb to Japan’s tedious foot-dragging, are now getting pissed — most noticeably US Defense Secretary Gates, who visited Japan last month and called the reconsideration of the plan “immensely complicated and counterproductive.” But what else should we have expected from these guys? As I warned earlier this year, the DPJ are amateurs suffering cognitive dissonance when it comes to foreign policy, and the longer this abstract debate drags out, US officials will only become more frustrated. And this threatens the stability of the US-Japan relationship.

Most of the “Japan hands” in the blogosphere sympathize with the DPJ. Tobias Harris of Observing Japan says the US needs to wake up to the reality of this new alliance. Michael Cucek at Shisaku has a comprehensive and pessimistic analysis of Obama’s upcoming visit to Tokyo in the broader context of US-Japan relations, which concisely dissects the unique challenge that now face this critical bilateral relationship. To abridge Michael’s key section:

In international law there is the concept of “odious debt” — of national debts incurred by an oppressive regime that a successor regime has the right to refuse to pay. Given the decades the LDP clung to power, many in the present coalition government consider a whole host of Japan’s obligations to be “odious” that they should review and possibly repudiate.

The agreement to transfer Marine Corps elements from the Futenma Airbase to Henoko is the ultimate expression of an odious obligation. It was an LDP solution to an LDP problem: keep American bases off the main islands (even though the amphibious ready unit, the ships the Marines are supposed to ride on, are homeported in Sasebo [in Nagasaki] and the Marine fighter jets in housed at Iwakuni [in Yamaguchi]); keep the Okinawans down and quiet; and keep visiting Americans alternately enchanted and frustrated by disingenuous reports of progress toward the goal, which somehow had to along the way destroy vital dugong habitat. As the Prime Minister and others in the DPJ point out, not even 12 years of LDP governments could bring the Futenma transfer to fruition. That he and his party should be condemned for not imposing an arrangement they oppose on a population that does not want it baffles them. That the United States government continues to insist that they do so exasperates them.

Readers won’t be surprised that I find myself defending the LDP decisions and take issue with the description above, a position that matches that of most of Okinawa’s elected leaders. Let’s look at some key arguments for the Futenma relocation plan:

* The residents of Nago, where the base is to be relocated, support the plan. Mayor Shimabukuro recently came out to agree with Gates, saying the US Defense Secretary is right for being frustrated with the central government’s indecision. Shimabukuro was elected on a platform built on the status quo set by his predecessor, which emphasizes economic growth over everything else, and he won more votes than both of his anti-base opponents combined.

* It’s not just Nago — all twelve mayors of northern Okinawa have publicly accepted the new relocation plan. The DPJ’s waffling has been so unsettling to the locals that the mayor of Kadena is teaming up with the US forces to oppose relocating the relocation to Kadena, promoted by some members of the Hatoyama cabinet as the best alternative, and where one US facility complex already exists.

* Okinawa Governor Nakaima accepts that US bases must stay in Okinawa. Nakaima has a particular knack for balancing the concerns about US bases with the need for the economic benefits that come with it, and has become relatively popular in Okinawa by refusing to side with either faction and instead saves his ire for the national government — all while saying that, in an ideal world, he would prefer bases be relocated outside Okinawa. He criticized the Defense Minsitry under the LDP for “lacking delicacy,” and most recently, didn’t mince words regarding the DPJ’s scattershot public debate on the topic, saying “Okinawa is not the central government’s rock garden.”

* The biggest opponent of the relocation is Mayor Iha of Ginowan, and Ginowan is the center of all the protests — yet this is the municipality that would benefit from the relocation. It really doesn’t make sense — if the mayor and the residents don’t want the base in the city, why are they opposed to moving (most of it) out of the city? As it happens, Mayor Iha is the only elected mayor in Okinawa who vocally wants US forces not just out of Okinawa, but all of Japan. Of course he’s welcome to that opinion, but this is a view far removed from the mainstream public debate in Japan, making him unusual person to be quoted and referenced, unless the Hatoyama administration wants US forces out of Japan altogether (which it doesn’t).

* Construction on the project has already commenced. To a certain extent this follows a similar point I made when reviewing the Yamba Dam. Some dismiss it as the “sunk cost fallacy.” But I disagree, and the DPJ Defense Minsiter Kitazawa has spoken on this point in expressing doubts on changing the relocation plan.

Those are the practical and domestic political reasons for wanting the relocation. But beyond this, let’s review the relocation from the perspective of Japan’s national interest.

For more than half a century, the LDP management of the Japan-US relationship was, frankly, brilliant. Japan recieved dirt cheap defense services by letting the US base on Japan’s soil, yet managed to keep most American servicemen out of major urban areas (unlike Korea, where US bases are inside Seoul’s urban boundaries). Having defense outsourced to America and situated within the American economic sphere, Japan was able to concentrate on economic development and quickly grew to be the world’s second largest economy.

What has Japan done for the United States and the world in exchange for this discounted security? It makes minimum, token contributions to global security, bankrolls a few international development projects, and keeps proactive and material contributions at the bare minimum — or as Shisaku described Futenma, Japan kept “visiting Americans alternately enchanted and frustrated by disingenuous reports of progress.” That sentiment could be applied to much of Washington’s attitudes towards Japan when it comes to becoming more involved in world affairs.

Yet Washington has long tolerated Japan’s indifference to the world because under the LDP, it regularly granted the US unconditional support. Whether it be at the UN, or in supporting the US on tough foreign policy decisions, or in keeping bases available, Japan has long been a solid ally. That means a lot more than you might think. US bases have been kicked out of France, the Philippines, Saudi Arabia, Iceland, and elsewhere, and suffered various woes with regard to fierce public opposition in places such as South Korea and much of Europe. Save for the student protests of the 1960s, Japan has been remarkably reliable — if just in spirit. Or to quote a recent article in the Washington Post, “A senior State Department official said the United States had ‘grown comfortable’ thinking about Japan as a constant in U.S. relations in Asia.”

The DPJ is doing more than trying to break the Futenma deal — it’s breaking the unspoken understanding behind the entire alliance. By pushing for a more “equal” Japan-US relationship (whatever that means), and frustrating the Pentagon on its key issues (such as Futenma), the DPJ risks alienating it’s allies in Washington. And therein lies the danger for Japan’s national interest. America has been calling on Japan to “pull its weight” in contributing to global security for years, and we may be approaching the last straw. The Futenma controversy is compounded by the DPJ pushing to cancel it’s only proactive involvement in the war on terror by ending the refueling mission for US ships in the Indian Ocean.

But Hatoyama has got to accept the fact that neither he nor the Japanese people want an equal relationship with the United States — at least not if they actually saw what it would look like. Japan does not want to have to pay for US bases by sending Japanese SDF forces to Iraq and Afghanistan. They do not want to be diplomatically fending for themselves while repeating complaints about the North Korean abductions and Russia arresting its fisherman. They do not want to push themselves out of the US defensive perimeter, or even in the away direction from the US defensive perimeter. Of course, this may ultimately be good for US national interest, because this is a better time than any to demand Japan to step up to the plate and take a lead in the world. But Japan doesn’t really want that, yet that is where we are going if Hatoyama pursues the “equal alliance” mantra and continues to piss off the US just because it feels good.

Comments closed, please join the fray at ComingAnarchy.

Curzon visits Yamba Dam

Last week, I took a day trip out to see the Yamba Dam, a planned 130 meter high dam that would flood a small rural village snuggled in a valley in western Gunma. The primary motivation for the plan is to stop flash floods that rage through the Tonegawa River and cause havoc in Gunma, Saitama and Tokyo once a decade or so, and also to control and manage the water supply for the Kanto region and to generate power. If constructed it would only be Japan’s 25th largest dam and 10th largest reservoire, but it has turned into one of the more costly projects because of the massive peripheral infrastructure built to appease fierce local opposition.

The project has long been controversial and has dominated the headlines since the DPJ took power last month and announced the project would be cancelled — despite the fact that the project has burned through more than 70% of its US$4 billion budget.

As a student in the Robert D. Kaplan school of national policy, I wanted to see this project with my own eyes, and see the entire surrounding landscape, not suddenly arriving by train or car. So I took my bicycle by shinkansen out to Karuizawa in Nagano, from where I traveled north over the ride of Mt. Asama, then down into the valleys of Gunma and east into the valley, for a total day trip of more than 100 kilometers. This post summarizes my trip.

Traveling to the Dam
It’s easiest to feel the scale of the project by traveling from the west of the dam, down the river valley north of Mt. Asama in Nagano. As you approach the project, there are suddenly new bridges, most complete or near complete, covering imaginary areas of water. There is also the classic concrete lining of a natural water source that can be seen all over Japan. There are also brand new buildings sitting on the side of what will be a new lake.

Yamba Dam2

Traveling towards the dam brings the existing road “deeper” into the future lake, which brings us to the representative structure of the project, the No. 2 Yamba Dam bridge. The bridge is unique for its hollow structure and that they are building simultaneously out from the supporting stems. This bridge will permit road and rail to cross the lake and connect the two halves of the community. At present, there was also a JR line running through the town, which was also to be relocated up the mountain.

Yamba Dam1

You may notice that construction on the bridge is proceeding. The reasons for that soon became clear.

“Yamba Kan” (やんば館)
At the foot of the No. 2 Yamba Dam bridge sits a two-story facility called the “Yamba Kan,” built in 1999 by the Ministry of Land and Infrastructure to explain the dam’s purpose and its construction to locals and other interested visitors. Like a typical Japanese shiryoukan, it is a small but carefully organized and boasts an impressive set of topographical maps, audio-visual media, photographs, and information regarding the history and construction of the dam. There are also guides on hand to answer questions about the project.

Interest has exploded since the DPJ took power and have announced the cancellation of the dam. According to the informational (and pro-dam) website damnet.org, the number of visitors to the “Yamba Kan” hit a record in September, receiving three times as many visitors as in August. When I arrived on a weekday afternoon, the 40 car parking lot was full, and included a chartered tour bus.

The guides were busy answering visitor questions. I patiently waited my turn to ask questions and finally got to ask: “The government has said they will stop construction on the dam but the bridge is still being constructed, why is that?” I asked in the most neutral of tones, but the guide answered on the assumption that I was an anti-dam fanatic — she responded, “They have to finish it! There is no other option! Otherwise are community will be split in two! There are already people living in homes on both sides of the mountain!”

Her explanation and the Yamba Kan maps made the overview of the project more clear. Before the dam could be built, the government had to relocate all 355 households whose homes would be submerged by the lake created by the dam. After decades of fierce opposition, it was only when the central government conceded on a costly compromise to relocate the villagers up the mountain up the mountain from their homes did they finally agree. This is more expensive than it sounds, and calls for massive earthworks and bridges. It would have been easiest to move the people up or down the valley to join their neighbors.

Yet the project is even more expensive than just moving people up the valley mountains. The mountains are too steep to be flattened to accomodate the whole community on one side of the steep valley, so construction has taken place on two sides of the lake, with massive bridges being constructed to connect the two sides of the lake. The government is of course footing the bill to construct the new houses, schools, roads, bridges, and other facilities for the relocated community.

Most of this construction is completed, as evidenced by the almost finished No. 2 Yamba Dam bridge. But once all this is done, I started to ask myself,

What happens now?
Frankly, no matter how hard Transportation Minister Maehara and the DPJ hold out on refusing to construct the dam, I can’t possibly see how the project cannot be finished. At best the DPJ can delay the plan a year or two. Here’s why:

* All the preliminary infrastructure is complete. Learning more at the Yamba Kan, my understanding of recent news stories where the DPJ said that they would continue to invest in “lifestyle” construction became clear. The DPJ will only halt construction on the dam itself, which was scheduled to commence shortly, but will continue construction that affects the lives of the locals. In other words, the bridge will be finished, as will the rest of the construction, but the dam for which all the construction was invested will not be built. What this means is that billions will be spent relocating a community for no reason whatsoever.

* It could cost votes in important prefectures. The DPJ probably isn’t too worried that the conservative, LDP-allied governors of Nagano, Gunma, Chiba and Tokyo are opposed to halting the project. But the governors of Saitama and Tochigi are independents close to the DPJ. The DPJ caucus of legislators in the Saitama prefectural assembly is vocally opposed to the cancellation. The six affected prefectures together comprise more than 25% of Japan’s total population, and the DPJ has strong voter support in Tokyo, Chiba, and Saitama. The only people firmly opposed to the plan appear to be environmental interest groups. Who knows, it could cost the DPJ votes and they may decide to proceed because of it.

* A future LDP administration may turn things around. Even if the Hatoyama administration does refuse to proceed with the plan, the LDP could always pick up where the DPJ left off.

On CNN’s Factchecking

Our post on the Savoie case opened up a pretty fierce discussion about the facts of the case and the background, with many of us taking issue with the liberal reporting of “facts” by CNN’s correspondents. I was even further perplexed by CNN’s story on a US father caring for his disabled child in Okazaki, Japan, as asking the most rudimentary questions about the story result in a pretty clear conclusion that the facts are just wrong (which I wrote about here).

It turns out that the mistakes on the Savoie story are not a result (or at least not the sole result) of institutional Orientalism. CNN apparently has a problem at the core of its information management when it comes to checking facts, and has a habit of reporting anything heard as fact without double checking anything. This was the subject of a brutal evisceration of the network by the Daily Show that I thought was worth sharing with readers — I think it helps understand why the Savoie case turned into such a media circus and a scapegoat for Japan’s antiquated family laws. The relevant section starts at 1:05.

CNN Leaves It There
www.thedailyshow.com

The 20th Century Kyushu Powershift

Question: Why did the economic heart of Kyushu shift from Nagasaki to Fukuoka over the course of the 20th century?

Nagasaki was a sleepy fishing port that transformed into a major city of international trade when Portugese traders arrived in the 16th century. It remained an important trading city through the closed Edo period, when it was one of a few cities open to trade with ships from Holland and China. The industrialization of the Meiji-era saw the city become the nation’s main port for heavy shipbuilding and other heavy industries. It also became a major naval base and served as a strategic port during the Russo-Japanese War.

But the economic importance of Nagasaki as the ipso facto capital of Kyushu faded in the 20th century as the economic center transferred to Fukuoka. The northern area of Fukuoka and Hakata, close neighbors but separate cities until after World War II, became the center of Kyushu’s industrialization. Perhaps the official recognition of this was when the government moved the high court with jurisdiction over Kyushu from Nagasaki to Fukuoka in August of 1945 — just weeks before the atomic bombing.

The shift is evidenced by the population figures. In 1900, Nagasaki’s population was at about 150,000 people while Fukuoka’s population was only 50,000. But by 1950 Fukuoka’s population had expanded to 500,000 while Nagasaki was only at 250,000. Nagasaki’s population peaked in 1975 at 500,000 and has shrunk to under 450,000 today. Fukuoka’s population was 1 million in 1975 but is at 1.5 million today.

I can think of a number of reasons for this shift that I’ll throw out to start this discussion, in approximate chronological order.

* Nagasaki reached the physical limits of growth. Nagasaki’s population peaked in the 1970s and has declined ever since. Nagasaki city is situated on a very narrow strip of flat land between the bay and mountains and there is little room for further growth. Even today, 78% of the population lives on 13.1% of the city’s land.

* The decline in the importance of shipbuilding. Shipbuilding was more important as a form of domestic and international transport and travel in the 19th century. In the 20th century, goods and people are instead transported on trains, through highways, or in airplanes.

* The atomic bomb. “Fat man” devastated Nagasaki, killing more than 70,000 people, or 20% of the population, and destroying most of the city. By contrast, only 24% of Fukuoka was destroyed in the firebombing.

* Central planning. After the war, Fukuoka was a major beneficiary of national central planning where the bureaucrats in Tokyo deemed that Fukuoka, and to a greater extent the northern Kyushu area should be the economic power important hub. Which brings me to…

* The closeness of Fukuoka, Hakata, and Kitakyushu. Before World War II, Hakata, Fukuoka, and Kitakyushu were all separate municipalities and it was not that easy to travel between them. But after the war, Hakata and Fukuoka were effectively merged into one municipality, and the economy of nearby Kitakyushu was integrated with Fukuoka through industrialization and the modernization of public transportation.

* Fukuoka has successfully sold itself as Japan’s modern “Gateway to Asia.” Trade and tourism between Fukuoka and China, Korea, and Taiwan is growing. Businesses focusing on these nations are also concentrating in Fukuoka.

But those are just some thoughts — I’d welcome input from learned readers in the comment section with regards to this question. I’d also welcome readers who can share any Japanese or English articles or other sources on this topic.

Sympathizing with Noriko Savoie

The US and Japanese media are focusing much attention on the arrest of Christopher Savoie in Fukuoka. The English language press deems this as yet another case of a victim of Japan’s pre-modern family law. Undeniably, there is a history of Japanese mothers suddenly fleeing to Japan where they are beyond the reach of the law, resulting in more than a hundred abduction cases involving Japan and the US alone, and this needs revision. But sympathetic press articles notwithstanding, Christopher is the wrong martyr to rally behind in this fight — an objective view of the facts makes Christopher’s ex-wife Noriko the figure of sympathy in this story.

Christopher and Noriko met and married in Japan. Christopher had a PhD and was a successful entrepreneur who founded a pharmaceutical business that he took public on the Tokyo stock exchange. He is also a naturalized Japanese citizen. They were married for thirteen years and have two children, currently ages 8 and 6.

While living in Japan, the marriage was breaking down and Noriko asked Christopher for a divorce, which he refused. Instead he convinced Noriko to move with him to the US and they did so in June 2008. No sooner had they moved than Christopher took up with another woman and served Noriko with divorce papers. Noriko was dependent on her husband and had no income for herself and had just been relocated to his home town in a country that she did not know, although she may have been relieved that she was getting the divorce she wanted a year earlier and probably also happy to receive custody of the kids and a generous financial settlement and monthly support. But the arrangements required that she stay in Tennessee and not even visit Japan without court permission. Although we cannot be sure, all the facts make it likely that Christopher was motivated to relocate to his home town to get divorced in a US court.

Thus Noriko was stuck in a country where she was culturally and personally isolated, abandoned by her husband but still expected to raise kids in a new country so her husband could get visitation. So in August, Noriko absconded to Japan with the two kids. Christopher then petitioned the court and was granted custodial rights. He then went to Japan and physically snatched his kids from his wife as they walked to school by force in a car — the very definition of “abduction.” He then raced to the US Consulate in Fukuoka, where the guards refused him entry and he was arrested outside by police. He is being held by police for 10 days and has not yet been charged.

What a US-Japanese citizen hoped to gain in a US consulate is questionable. And the action was clearly pre-meditated. But much of this narrative is lost in the US media reports, which are overwhelmingly sympathetic to Christopher and speak in implied terms of a vast, cultural conspiracy in Japan to favor mothers. The Huffington Post says “Divorced fathers in Japan typically don’t get much access to their children because of widespread cultural beliefs that small children should be with their mothers,” and Forbes writes that the case “underscores long-standing disputes over Japan’s traditional favoritism toward mothers in custody battles.” That’s utter nonsense. The statistics imply that mothers win custody in Japan at approximately the same proportion as the US — and as for Japanese “culture,” fathers were more likely to receive custody until the 1960s. On the contrary, the bias towards mothers is far more ingrained in US culture — for more than a century US courts followed the Tender Years doctrine, under which mothers get prima facie rights to child custody disputes. (Although many state courts have abandoned this on the basis of the 14th amendment equal protection clause, it still exists in many US states.)

There are also lots of factual mistakes in the reporting, such as reporting by CNN that “Japanese law… recognizes Noriko Savoie as the primary custodian.” Actually, Japanese law says that two Japanese citizens are still married, as they are both Japanese nationals and bust be divorced in Japan for the divorce to be valid, in which case there is no way that Noriko is the primary custodian. And while Japan does not have joint custody of children, there are visitation rights. (It is also reported that Noriko has dual US and Japanese citizenship, although the how and why of that is unclear.)

Terrie’s Take of Japan Inc. fame was cited by Debito as being “the best, most thorough, most balanced opinion yet on the case.” (Actually, like much of what Terrie writes, it’s a sloppy newsletter with numerous factual errors.) But beyond that, the most amusing part of that article is that it states,

What is surprising is that [Christopher] chose to get his kids back in a way that exposed him to many untested theories. One of these theories has been that it is OK to abduct your kids back. Indeed the police often do turn a blind eye to home disputes and will allow “mini-abductions” to happen.

Kidnapping as an untested theories? Yes, the cops and courts do try to keep out of family disputes whenever possible — but what Christopher did was kidnapping pure and simple, and even his lawyer has basically already admitted that he was wrong to use force. We can’t guess how this is going to be sorted out, but my guess is that Noriko is about to get some justice in court, and Christopher’s nutty stunts will prejudice him in getting visitation rights. That’s a good thing — and you can think that and still want Japan to modernize its family law to meet international standards.

BREAKING NEWS: Nakagawa Shoichi dead, suicide suspected

Breaking news is that Nakagawa Shoichi, defeated LDP politician and former cabinet member, has been found dead on his bed in his home. No external injuries were found on his body and suicide is suspected.

中川昭一

Nakagawa was defeated in August in his district in Hokkaido. Although he served in several prominent positions in the government, he resigned after his drunken press conference at the G7 meeting of finance ministers in Rome in February earlier this year. He was widely known in Nagata-cho to have a serious alcohol problem.