Identifier
Created
Classification
Origin
09TOKYO2563
2009-11-06 07:47:00
CONFIDENTIAL
Embassy Tokyo
Cable title:  

URGING JAPAN TO ACCEDE TO MAKE PROGRESS ON

Tags:  CASC PREL KOCI KITA JA 
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P 060747Z NOV 09
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC PRIORITY 7297
INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 1724
RUEHUL/AMEMBASSY SEOUL PRIORITY 8382
RUEHFK/AMCONSUL FUKUOKA PRIORITY 7276
RUEHNH/AMCONSUL NAHA PRIORITY 9630
RUEHOK/AMCONSUL OSAKA KOBE PRIORITY 1095
RUEHKSO/AMCONSUL SAPPORO PRIORITY 7786
C O N F I D E N T I A L SECTION 01 OF 02 TOKYO 002563 

SIPDIS

CA/OCS (BOND, MICHELE)
CA/OCS/CI (REGAN, MIKE)
EAP/J (CAMPBELL, TODD)

E.O. 12958: DECL: 11/18/2009
TAGS: CASC PREL KOCI KITA JA
SUBJECT: URGING JAPAN TO ACCEDE TO MAKE PROGRESS ON
INTERNATIONAL CHILD ABDUCTION ISSUES DURING PRESIDENT
OBAMA,S VISIT

REF: SEOUL 001750

Classified By: Ambassador John Roos. Reasons 1.4 (b),(d).

C O N F I D E N T I A L SECTION 01 OF 02 TOKYO 002563

SIPDIS

CA/OCS (BOND, MICHELE)
CA/OCS/CI (REGAN, MIKE)
EAP/J (CAMPBELL, TODD)

E.O. 12958: DECL: 11/18/2009
TAGS: CASC PREL KOCI KITA JA
SUBJECT: URGING JAPAN TO ACCEDE TO MAKE PROGRESS ON
INTERNATIONAL CHILD ABDUCTION ISSUES DURING PRESIDENT
OBAMA,S VISIT

REF: SEOUL 001750

Classified By: Ambassador John Roos. Reasons 1.4 (b),(d).


1. (C) SUMMARY: We believe the President,s visit offers an
opportunity for progress on International Child Abduction
issues. Within the last year, US officials including
Secretary Clinton have raised this issue with GOJ
counterparts. The new Hatoyama government seems more
sympathetic to working toward accession to the Hague
Convention on the Civil Aspects of International Child
Abduction and taking other steps to resolve current abduction
cases involving over 100 American children. By raising this
issue with Hatoyama the President could spur the GOJ to more
rapid actions. END SUMMARY.


2. (SBU) Japan is the only G-7 country that is not a
signatory to the 1980 Hague Convention on the Civil Aspects
of International Child Abduction. Japan is one of the top
three destination countries for parental child abduction
cases. The Department is currently tracking 79 cases which
involve over 100 American children, numbers which continue to
grow significantly from year to year. As recently as 2005,
the Department was aware of only 11 cases. The Department is
aware of no case where an American child has ever been
returned from Japan to the United States as a result of
actions by the Japanese government or Japanese courts to
enforce U.S. court orders, arrest warrants of parental child
kidnappers, or shared custody or visitation arrangements.


3. (SBU) Both post and Washington are engaged in vigorous
bilateral and multilateral diplomatic efforts to convince the
Government of Japan to address parental abduction issues.
Since the Hague Convention would not retroactively address
current cases, Japan is also being urged to develop
mechanisms to resolve cases of parents whose children have
been abducted to Japan, or who have no visitation access to
children who are located in Japan. In April 2009, Secretary
Clinton addressed the issue of Hague Convention accession
with former Foreign Minister Nakasone while attending a
conference at The Hague. Assistant Secretary Campbell and

Ambassador Roos have frequently raised Hague accession with
senior Japanese officials. Multilateral diplomatic efforts
have been particularly successful in raising the visibility
of this issue among the Japanese public. In October 2009,
Ambassador Roos joined diplomatic representatives from seven
other nations in presenting a joint demarche on Minister of
Justice Chiba which has also helped fuel a public debate on
reform of family law in Japan.


4. (SBU) Japan's accession to the Hague Convention would
also potentially advantage American left behind parents in
Japan (non-Hague cases),many of whom have been cut off from
access to their children due to antiquated divorce laws and
customs which typically grant one parent, usually the mother,
sole custody. Traditionally, the non-custodial parent in
Japan is forced to relinquish all contact with children,
forcing many children to grow up fatherless and cut off from
half of their cultural heritage. Even if American parents
prevail in Japanese courts or obtain joint custody
agreements, court orders and decisions in family matters here
are not enforceable by courts or police. Accession to the
Hague Convention is but a first step in a long road which
Japan must take in order to resolve the many challenges that
American parents face when dealing with issues of
international parental child abduction, divorce, and joint
custody and visitation of children in Japan.


5. (C) In response to past diplomatic efforts on Hague
accession and the growing problem of child abductions, a
succession of LDP-led governments have only promised to
"study the issue." The new government headed by Prime
Minister Hatoyama seems more receptive to Hague accession and
to taking practical steps to resolve problems of
international child abduction. The President's visit
provides a unique opportunity to move Japan more closely
toward Hague accession and family law reform by raising this
issue during the meeting between the two heads of state.


6. (SBU) The U.S. Congress is increasingly involved in
efforts to promote Japan's accession to the Hague Convention.

TOKYO 00002563 002 OF 002


Speaker of the House Pelosi has addressed her concerns over
Japan's position directly with Japanese officials. Japan has
been unfavorably cited in legislation promoting resolution of
child abduction cases. Post has also received confirmation
from Senate staffers that a letter is currently being
circulated for signature among U.S. Senators urging President
Obama to raise the issue of International Parental Child
Abduction with Prime Minister Hatoyama.


7. (C) Post agrees with our colleagues in Seoul that this
issue deserves the President's personal support during
discussions with leaders in Asia, and that Presidential
attention will greatly assist in the effort to bring Japan in
line with the other G-7 countries on this important issue.

8. (C) Suggested talking point: I urge you to consider ways
to address international child abduction issues.
ROOS