To some parents, Japan’s official entry Tuesday into the Hague convention on cross-border child abductions doesn’t represent the light at the end of the tunnel, but the arrival of more obstacles in the prolonged effort to retrieve their children, experts say.
The Hague Convention on the Civil Aspects of International Child Abduction was drafted in 1980 to ensure that children abducted and taken overseas by a parent involved in a failed international marriage will be promptly returned to their country of habitual residence.
Japan’s refusal to sign the convention earned it a reputation as a “safe haven” for international child abductions. But from now on, the Foreign Ministry will be legally bound to locate abducted kids and facilitate their return at the request of parents abroad. The same will apply to children whisked away from Japan, as long as the country where the child is staying is a signatory of the convention.
While widely hailed as a breakthrough, participation in the pact does not satisfy everyone.
For one thing, the treaty is not retroactive, meaning repatriation is possible only in cases that take place from Tuesday on.
Regardless of the date of the abduction, however, the government can still assist parents seeking visitation opportunities, such as by trying to locate their children, according to the treaty. But these benefits can only be given to parents whose kids were under 16 years of age as of Tuesday. Anyone else does not benefit from the treaty.
A group of parents trapped in this legislative limbo went to the Foreign Ministry on Wednesday to explain their plight.
Miho Watanabe, a 53-year-old Japanese citizen, said she took refuge in a women’s shelter in United States in 1995 with her 3-year-old daughter to escape alleged mistreatment by her husband, an American, whom she married in Japan.
Shortly afterward, she took their daughter back to Japan and got divorced with the help of international lawyers in 1999. But in 2005, after she sent her 13-year-old daughter to the U.S. for a visit at the request of her ex-husband, he spirited her away and has refused to let Watanabe have access.
The daughter visited her once in Japan recently, but Watanabe said she has no clue about her current whereabouts.
“I was told (by the American family) I would become a ‘kidnapper’ if I ever tried to bring back my own girl to Japan,” Watanabe said.
Watanabe, who campaigned for Japan to join the Hague convention for years, said she was vaguely aware the pact only applies to children under 16. But she had always held out hope that she might benefit from it somehow, she said, noting that her faintest hopes were dashed on Wednesday, when ministry officials told her there was nothing they could do. Her daughter is now 21 and living independently of her father in the U.S.
“In my case, the abduction took place ages ago. At that time, she was still a little kid. It’s so unfair, after all these years that I waited, that my case is not considered eligible,” Watanabe said.
Masako Akeo, head of Left Behind Parents Japan, a group of Japan-based parents separated from their children, expressed outrage over the government’s ingrained “tardiness.”
Akeo’s husband, who is also Japanese, took their son, raised in Canada, to Japan in 2006 without her consent. A Japanese family court later granted him sole custody of the boy, effectively denying Akeo any visitation rights. She has no idea where he is today.
“We all looked very much forward to this day. But now we’re devastated to find out we’re not even eligible to ask for the government’s support to locate and help us visit our kids,” Akeo said.
While acknowledging that their situation is a pity, legal experts argue that the convention’s current framework does not allow such parents to be helped.
“It’s not like there is absolutely nothing they can do. They could go to the U.S. and litigate a case themselves. But I understand it will be a very, very laborious task,” said lawyer Masami Kittaka.
“The sad reality is that Japan’s accession to the convention does nothing to directly improve their situation,” she said.