<Month> <Day>, 2004

<Version 4>

<Here is a CJFF "Primer" on the issues for signature gatherers.>

 

NOZAWA DAIZOU

Minister of Justice

1-1-1      Kasumigaseki,

Chiyoda-ku, Tokyo 100-8977

 

Dear Honorable Justice Minister,

 

We, the undersigned are petitioning to expand the rights of Japanese children with half foreign parentage by ensuring the right of their foreign parents to stay in Japan. In particular, this petition is to amend Japanese immigration regulations to recognize the blood relationship between the Japanese child and his or her foreign parent as the basis for the foreign parent’s stay in Japan, rather than custodianship of the child or the signature of the Japanese parent or of a spouse.

 

First, in recent years, the residency visa requirement for a signed letter of guarantee by a spouse or Japanese parent has proved to be an accessory to domestic violence against children as well as against foreign parents.  If a foreign parent reports or threatens to report violence committed by a Japanese spouse, the Japanese spouse may threaten to withhold the letter of guarantee, thus threatening the foreign parent’s ability to stay in Japan and  threatening future access to the children.  Therefore, we ask the Japanese government to:

 

v     Amend immigration laws so that a foreign parent of a Japanese child can qualify for a residency visa, either long term or permanent residency, without the letter of guarantee currently required for the granting of such visas.  This should apply towards a spouse visa, a non-custodial parent of a Japanese child visa, or a permanent residency visa of any parent of a Japanese child.

 

Second, although Japanese immigration regulations allow the rare foreign parent who has custody of a Japanese child to get a suitable visa to stay and work in Japan, these regulations do not apply to a non-custodial parent of a Japanese child.  They do not allow a non-custodial parent involved in a protracted court battle, or one who wants to be able to regularly and frequently visit their child living with a Japanese parent, to get a residency visa.  Therefore, we also ask the Japanese government to:

 

v     Amend immigration laws so that a non-married or non-custodial foreign parents of a Japanese child qualifies for a long-term residency visa permitting employment.  In particular, sustaining the non-Japanese parent and living in the same country as his or her Japanese child should be an acceptable reason to grant the, even if that parent is not the custodial parent.

v     Grant permanent residency to a non-married or non-custodial parent of a Japanese child, under the same accelerated time frame and favorable conditions applicable to the spouse of a Japanese citizen.

 

We believe that these measures are necessary because any threat to a foreign parent’s ability to remain in Japan is a threat to his or her ability to maintain contact with their children.  This is exacerbated due to the nearly universal awarding of custodial rights to Japanese parents over non-Japanese parents, a legal situation that is becoming well known among the foreign communities in Japan via web sites like www.crnjapan.com and www.fatherswebsite.com on the Internet.

 

Japanese parents would benefit from these changes also, because if a foreign spouse is unable to legally remain in Japan with their children, he or she may feel compelled to abduct their child out of Japan rather than potentially lose access to the child forever.  The changes we request would lessen this compulsion.

 

Finally, the changes proposed by this petition would also help Japan’s immigration rules to conform to the provisions and principles enunciated in the following international conventions signed by Japan:

 

v     Convention on the Rights of the Child (signed by the Government of Japan, 24 April 1994), Article 2, section 1; Article 3, section 1; Article 8, section 1; Article 9, sections 1 and 3 and Article 18, section 1.

v     United Nation’s International Covenant on Economic Social and Cultural Rights (Signed by the Government of Japan, 21 June 1979),  Article 3

v     Convention for the Elimination of all forms of Discrimination Against Women or CEDAW (Signed by the Government of Japan, 25 June 1985), Article 16

 

Thank you very much and may your honorable authority provide new hope and aspirations to Japanese children and their foreign parents.

 

Respectfully yours,

 

<CJFF Representative>

The Center for Japanese Filipino Families

 

This petition is also co-sponsored by the following organizations:

1. Filipino Migrants Center
2. Filipina Circle for Advancement and Progress - (FICAP-Aichi)
3. Kalipunan ng mga Filipinong Nagkakaisa (KAFIN or United Filipinos)
4. Suwa Catholic Church Filipino Community
5. Ecumenical Learning Center for Children
6. MIGRANTE Party List (Migrante)
7. The Children’s Rights Council of Japan

 

<add names of other organizations>