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[Akula the shark]

Foreign mothers fight for children's futures
Strict enforcement of ill-conceived clause in Japan's Nationality Law threatens families.

By LAURA FITCH

Rosanna Tapiru's problems really began shortly after her arrival in Japan.

Filipino Rosanna Tapiru is fighting a legal battle to secure the futures of Japan-born daughters Masami (left) and Naomi.

She came here from the Philippines to make and save money, but her dreams of a better life for her family were, she says, "washed away" when her partner, who remained in the Philippines, left her for another woman.

Forced to move on, she sought to rebuild her life -- and hopes for a family -- in Japan.

"Such a simple dream," she exclaims, though turning it into reality has proved to be next to impossible.

Tapiru now has two daughters, 7-year-old Masami Tapiru and Naomi Sato, 3, both of whom were fathered by a Japanese man.


Foreign mothers who have filed a lawsuit challenging Japan's Nationality Law meet in Tokyo to discuss their plan of action.

However, due to a little-known article in the Japanese Nationality Law, while Naomi may claim the rights and privileges of Japanese citizenship and the protection that it affords, Masami cannot.

Article 2 of the Japanese Nationality Law states that a child is entitled to automatic Japanese citizenship if, at the time of birth, it is certain that either the mother or the father is a Japanese national.

The clause is straightforward enough if the mother is Japanese, or if the couple is married.

However, difficulties can and do arise if the couple is not married, and particularly if the mother is not Japanese.

These cases are on the rise as Japan reluctantly begins to open its doors to foreign workers.

In order for the child to obtain Japanese citizenship if the couple is not married, the father must give "ninchi," or recognition, that the child in the mother's womb is his own.

Ninchi may be given after birth and the child registered on the "koseki touhon," or family register, but in such cases, it is almost impossible for the child to obtain citizenship.

Japanese courts have begun to stick to the letter of the law -- in this case stipulating that recognition by a Japanese father must be given before or "at the time of birth."

If ninchi is given after the birth, the court does not recognize that the child had a Japanese father at the time of birth, and therefore rejects the claim for citizenship.

The only way for the child to gain citizenship and a passport is for the parents to marry, which is highly unlikely if they haven't already, or to wait out the lengthy and arbitrary naturalization process, originally intended for adults immigrating to the country.

Even in the case of adoption by a Japanese father, citizenship can still be unattainable.

Tapiru, having learned from the birth of her first daughter, was sure to get the ninchi in time for the birth of her second.

However, she worries about the future of her children. As the primary caregiver of a Japanese citizen, she is permitted to stay in Japan on a permanent residence visa.

However, if something were to happen to her, one child would be cared for by the Japanese welfare system, while the other would have no such claim, and in all likelihood would be deported to a country where she would be unfamiliar with the language, customs and way of life.

"There is no security for them," she says. "It's discrimination and isolation of foreigners."

Tapiru's children currently attend the same school, and "nosy" questions from teachers about the children's parental status "pushed me" to do something, she says.

Tapiru is one of nine Filipino women who stood jointly before a judge in a Japanese courtroom on July 15 to request that the court grant full Japanese citizenship to them and their children.

The court heard four cases, and is scheduled to hear the other five in September.

As the women read their statements in Tagalog, later to be translated into Japanese, they struggled to remain composed.

For all, this case represents the final chance for the future security of their children.

All the children have Japanese fathers, but, due to the Japanese judicial system's strict interpretation of Article 2, do not hold Japanese citizenship or passports.

In addition to the bullying at school that results from the children having katakana and foreign-sounding last names, they must deal with the insecurity of their futures.

As they are not of a legal age to care for themselves, their residence status relies solely on that of their mothers.

"He has a Japanese father, and a Japanese mind," says Olivia Ligon, one of the nine mothers, of her 10 year-old son Rafael.

She says discrimination stemming from his lack of citizenship will hold him back from living a full life in Japan.

He is on the "koseki touhon" (family registry) but doesn't have citizenship or a passport.

"I have lots of friends. My mom works hard. My father is Japanese. He calls me on the phone to tell me to study. What am I?" Julia, Charlette Chieeum's young daughter, asked the court.

"I am Japanese," she answers.

Although the women hope that their strength in numbers will call attention to their cause, they remain realistic.

While they are aware they may lose the battle, they are prepared to take the war all the way to the Supreme Court, a process that Tapiru and Mio Tanaka of the Japanese-Filipino Center, who is assisting the mothers with their case, estimate may take as long as five years.

"This is a landmark case," says Tanaka. "It goes to the heart of Article 2 of the Japanese Nationality Law, one of the basic laws of the land."

Cesar Santoyo of the Center for Japanese-Filipino Families estimates that there are between 60,000 to 80,000 Filipino women coming to Japan each year.

As the stagnating economy and falling birth rate have led to calls for more immigration, handling even the present immigration population is proving difficult for the Japanese government.

Attention desperately needs to be called to immigration and citizenship issues, in particular the implications of Article 2, says Tapiru.

"Most Japanese don't know about this," she says.

"I want to let the Japanese know that they have this strange law."

Tapiru and the other mothers have come in for some criticism from those who believe their case is designed primarily to secure the benefits of citizenship for themselves.

But Tapiru rejects such claims.

"This is not for myself," she says. "This is for the sake of the children."

And the case is exacting a financial as well as mental toll.

To offset the costs, with the help of the Nishi Kawaguchi Filipino Network (KAFIN), the Japan-Filipino Center (JFC), and the Center for Japanese-Filipino Families (CJFF) the women have sough to raise funds through selling raffle tickets, holding talent contests, and other activities designed to raise awareness as well as cash.

The base of all this activity is the KAFIN office in Nishi-Kawaguchi.

Founded in 1998 by Agalyn Salah Nagase, KAFIN acts as a lifeline for Filipino women in Japan providing counseling, language lessons, information on legal matters and sometimes a refuge from abusive spouses.

But "most of our clients come for child recognition issues," says Nagase, who estimates that KAFIN fields at least 7 to 10 phone calls a day from Filipino women throughout Japan.

"If we just stop and observe," says Nagase "nothing will happen."

"But for the solution to Tapiru's problem, all she can do at the moment is wait and hope."

"I want to succeed this time," says Tapiru.

"This is not only my dream. It is a dream for the next generation of children. If we don't win this case, I will be very sad. My dream will wash away again."

Send comments to: [email protected]

The Japan Times: July 19, 2005

[markle]

How is this racism exactly? Convoluted, discriminatory immigration policies are the hallmark of virtually every nation on earth. NZ might be one of the better ones but give it a couple years when the Nationals get back into office and they'll be doing the same sort of shiet.
If you called this sexism I'd be listening, but calling it racism just shows that you have no idea what racism really is, and being a white guy from NZ (I guess) I'm sure you don't.

[Akula the shark]

It's not racism?
What does who am I and where I am from have to do with this topic?
You obviously have some problems Markle.

[cafebleu]

Hi everybody, back for a quick visit with some dear friends (Japanese) and enjoying being here because it`s temporary! Markle - think about the article and all its racist implications. Please. You cannot compare the situation in any way with that of NZ, the UK, the US, Canada, Australia etc.

Markle - you have no idea of what this Filipinna woman is fighting against - as are the other foreign women whose daughters are Japanese because they were born here. These children are Japanese but one daughter has some kind of legal status here because her Japanese father accepts her.

The other daughter would be torn away from her family in the case of a crisis because her Japanese father has not acknowledged her. Her mother fears this and is prepared to make her life very difficult by trying everything she can do to protect her Japanese daughter from being placed in the hands of welfare agencies in the event of some unforeseen problem. What kind of system are we dealing with here? It reminds me of a Charles Dickens` novel - and he wrote in the 19th century about a system that has been completely overturned.

The fact is this problem originates from the fact that the Japanese law, system, society and probably most Japanese people flatly refuse to recognise that these children and others like them ARE Japanese. This leaves these children, all others like them and all foreigners in a very vulnerable position, legally, socially etc. And Markle if you read the article properly you would have seen the comments about kids being bullied because they are seen as foreigners even when they were born in Japan.

Yes, it goes on in western countries but most schools have a zero tolerance policy implemented by the schools and their teachers. In Japan I have personally heard eyewitness accounts of teachers doing zilch to stop bullying of `halfs` even to the point where teachers could call their pupils `Gaijin`, Gaikokujin` etc with no response from anybody in authority. A disgrace pure and simple.

Being born in Japan does not mean you are Japanese and therefore have legal rights commensurate with your birth nationality because `we Japanese are Japanese by blood`. Nationality in Japan is about perceived `bloodlines`. That is why akula is so angry and that is what makes Japan so distasteful to me. It is hypocritical nonsense as well as the Japanese `bloodline` is Mongolian, Chinese, Korean and Islander. It is fascism that has been allowed to survive the defeat of World War 2.

I could no longer live in such a system which is why I upped and left with my Chinese husband. I have travelled to many parts of the world and I still say Japan is the most racist country I have ever experienced. If you`re going to define racism by tensions between different racial groups that is a limited definition. The racism is all-pervasive in Japan, it is deeply rooted in their legal system, their constitution, their culture. They will not change, generally speaking. My Japanese friends have regretfully acknowledged as much.

[markle]

[Henry_Cowell]

Good summary of the issues, markle. As the Japanese laws stand, it seems that this case is an instance of Japanese nationalism and xenophobia rather than racism.

However, when certain people have an axe to grind, they'll always vote first for RACISM as an explanation.

[malcoml]

I always find that the people who protest most about racism are the ones who are without knowing it the most racist. They seem to go on some type of crusade to attempt to cure their own disease.
Thats personally what makes me sick about some members on this board, why do they feel they need to protect a particular group, they must fell that the groups need protecting, or perhapes they feel better than the groups so they need to be the protector.
Some people arrive in Japan and suddenly feel the whole country needs protection. Well wake up Japan has been there a long time and has done a very good job at protecting itself.
As a group of people living in Australain which by the way is a migrants country, I had Korean, Japanese, Chinese, African, Aboraginal, German, Italian, Croatian, Greek, English, and Russian friends. All of us knew exactly who were, what were were and where we came from, there was no need to question this.
I'm not going to allow this political correctness to confuse us as to who we are or how we are to bahave around each other.

Japan as a culture has some views that many consider racist, I have never really considered it racist, perhapes a little prededice.
But at the end of the day it is their business what they do in their country, not for me to be puting my nose in another mans back yard.
As for those few who attack me over the Australian immigration country, I ask you to have a look at the immigration policy of your beloved Japan and then ofcourse change your opinion or atleast keep it to yourself.

[Akula the shark]

[Brooks]

call it what you want, but the bottom line is that it is wrong.

[Henry_Cowell]

Sheesh! If you guys are so appalled by the behaviour of the Japanese, why don't you just leave and go somewhere else? Or does venting here on these forums help you stay through the end of your contract like good, obedient little boys?

[Doglover]

[Brooks]

ok Henry, so where are you living?

I have a Japanese wife. Do I have to leave?
I pay Japanese taxes and pay into the pension system.
Japan is my home, for now.
So I will complain all I want.

[malcoml]

Excellent Doglover,

Now the ball is rolling, someone on the groud telling the rest of us troops how it is. For to long have some groups licked the Japanese backside.
I know, I had to put my dad in line after he started doing business with the Japanese and started sucking down Suki and eating with a chop stick. Next thing it would't be safe to let him travel on public transport.
I have seen a lot to do with the general behaviour of the men that many a teacher would not, and it has left a bad taste in my mouth.
Back to the immigration point, many nations complain on Australias immigration policy but take a look at that, 50 people with a economy of that size.
In regards to the phillipines lady deported, yes that was unfortunate but she was origionally fromt he Phillipines, she had at a time been an Australian immigrant. The government is serious considering bringing in a national ID card to attempt to stop this problem.
There was a white girl that also almost ended up deported after she claimed to be a German tourist and was speaking fluent German.

I honestly do thing the average Japanese person promotes racism, as racism generally means a hate for a different group. I don't think they really hate other groups. To be honest besides the immoral business practices and the stange sexual behaviour I found the Japanese to be very polite to your face.
I found that the descrimination was ten fold between different social groups in Japan. We had a translator work for us and we found the business clients would hardly speak to him, because of area he was from and wealth.
We also had a Japanese friend that was dieing from a stomach tumor, as the Japanese men were friends we expected hime to be operated on by his friend a rich doctor in Japan. His friend refused to take the phone calls, I never understood this. Yet the friend still had the hide to send his wife a Christmas card after the death of her husband.
Also during cyclone Joy in Cairns it was expected that many people would die and the hospital would face huge shortages of doctors. This doctor was visiting us for business in Cairns and we explained that he may have to help at the hospital, his response was that he did not think that many people in Cairns could afford his service.

[Doglover]

[malcoml]