[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1326 Engrossed in House (EH)]

H. Res. 1326

                In the House of Representatives, U. S.,

                                                    September 29, 2010.
Whereas Japan is an important partner with the United States and shares 
        interests in the areas of economy, defense, global peace and prosperity, 
        and the protection of the human rights of the two nations' respective 
        citizens in an increasingly integrated global society;
Whereas the Government of Japan acceded in 1979 to the International Covenant on 
        Civil and Political Rights that states ``States Parties to the present 
        Covenant shall take appropriate steps to ensure equality of rights and 
        responsibilities of spouses as to marriage, during marriage and at its 
        dissolution. In the case of dissolution, provision shall be made for the 
        necessary protection of any children [Article 23]'';
Whereas since 1994, the Office of Children's Issues (OCI) at the United States 
        Department of State had opened over 214 cases involving 300 United 
        States citizen children abducted to or wrongfully retained in Japan, and 
        as of September 17, 2010, OCI had 95 open cases involving 136 United 
        States citizen children abducted to or wrongfully retained in Japan;
Whereas the United States Congress is not aware of any legal decision that has 
        been issued and enforced by the Government of Japan to return a single 
        abducted child to the United States;
Whereas Japan has not acceded to the 1980 Hague Convention on the Civil Aspects 
        of International Child Abduction (the Hague Convention), resulting in 
        the continued absence of an immediate civil remedy that as a matter of 
        urgency would enable the expedited return of abducted children to their 
        custodial parent in the United States where appropriate, or otherwise 
        immediately allow access to their United States parent;
Whereas the Government of Japan is the only G-7 country that has not acceded to 
        the Hague Convention;
Whereas the Hague Convention would not apply to most abductions occurring before 
        Japan's ratification of the Hague Convention, requiring, therefore, that 
        Japan create a separate parallel process to resolve the abductions of 
        all United States citizen children who currently remain wrongfully 
        removed to or retained in Japan, including the 136 United States citizen 
        children who have been reported to the United States Department of State 
        and who are being held in Japan against the wishes of their parent in 
        the United States and, in many cases, in direct violation of a valid 
        United States court order;
Whereas the Hague Convention provides enumerated defenses designed to provide 
        protection to children alleged to be subjected to a grave risk of 
        physical or psychological harm in the left-behind country;
Whereas United States laws against domestic violence extend protection and 
        redress to Japanese spouses;
Whereas there are cases of Japanese consulates located within the United States 
        issuing or reissuing travel documents of dual-national children 
        notwithstanding United States court orders restricting travel;
Whereas Japanese family courts may not actively enforce parental access and 
        joint custody arrangements for either a Japanese national or a 
        foreigner, there is little hope for children to have contact with the 
        noncustodial parent;
Whereas the Government of Japan has not prosecuted an abducting parent or 
        relative criminally when that parent or relative abducts the child into 
        Japan, but has prosecuted cases of foreign nationals removing Japanese 
        children from Japan;
Whereas according to the United States Department of State's April 2009 Report 
        on Compliance with the Hague Convention on the Civil Aspects of 
        International Child Abduction, abducted children are at risk of serious 
        emotional and psychological problems and have been found to experience 
        anxiety, eating problems, nightmares, mood swings, sleep disturbances, 
        aggressive behavior, resentment, guilt, and fearfulness, and as adults 
        may struggle with identity issues, their own personal relationships, and 
        parenting;
Whereas left-behind parents may encounter substantial psychological, emotional, 
        and financial problems, and many may not have the financial resources to 
        pursue civil or criminal remedies for the return of their children in 
        foreign courts or political systems;
Whereas, on October 16, 2009, the Ambassadors to Japan of Australia, Canada, 
        France, Italy, New Zealand, Spain, the United Kingdom, and the United 
        States, all parties to the Hague Convention, called upon Japan to accede 
        to the Hague Convention and to identify and implement measures to enable 
        parents who are separated from their children to establish contact with 
        them and to visit them;
Whereas, on January 30, 2010, the Ambassadors to Japan of Australia, France, New 
        Zealand, the United Kingdom and the United States, the Charges 
        d'Affaires ad interim of Canada and Spain, and the Deputy Head of 
        Mission of Italy, called on Japan's Minister of Foreign Affairs, 
        submitted their concerns over the increase in international parental 
        abduction cases involving Japan and affecting their nationals, and again 
        urged Japan to sign the Hague Convention;
Whereas the Government of Japan has recently created a new office within the 
        Ministry of Foreign Affairs to address parental child abduction and a 
        bilateral commission with the Government of the United States to share 
        information on and seek resolution of outstanding Japanese parental 
        child abduction cases; and
Whereas it is critical for the Governments of the United States and Japan to 
        work together to prevent future incidents of international parental 
        child abduction to Japan, which damages children, families, and Japan's 
        national image with the United States: Now, therefore, be it
    Resolved, That--
            (1) the House of Representatives--
                    (A) condemns the abduction and wrongful retention of all 
                children being held in Japan away from their United States 
                parents;
                    (B) calls on the Government of Japan to immediately 
                facilitate the resolution of all abduction cases, to recognize 
                United States court orders governing persons subject to 
                jurisdiction in a United States court, and to make immediately 
                possible access and communication for all children with their 
                left-behind parents;
                    (C) calls on the Government of Japan to include Japan's 
                Ministry of Justice in work with the Government of the United 
                States to facilitate the identification and location of all 
                United States citizen children alleged to have been wrongfully 
                removed to or retained in Japan and for the immediate 
                establishment of procedures and a timetable for the resolution 
                of existing cases of abduction, interference with parental 
                access to children, and violations of United States court 
                orders;
                    (D) calls on the Government of Japan to review and amend its 
                consular procedures to ensure that travel documents for children 
                are issued with due consideration to any orders by a court of 
                competent jurisdiction and with notarized signatures from both 
                parents;
                    (E) calls on Japan to accede to the 1980 Hague Convention on 
                the Civil Aspects of International Child Abduction without delay 
                and to promptly establish judicial and enforcement procedures to 
                facilitate the immediate return of children to their habitual 
                residence and to establish procedures for recognizing rights of 
                parental access; and
                    (F) calls on the President of the United States and the 
                Secretary of State to continue raising the issue of abduction 
                and wrongful retention of those United States citizen children 
                in Japan with Japanese officials and domestic and international 
                press; and
            (2) it is the sense of the House of Representatives that the United 
        States should--
                    (A) recognize the issue of child abduction to and retention 
                of United States citizen children in Japan as an issue of 
                paramount importance to the United States within the context of 
                its bilateral relationship with Japan;
                    (B) work with the Government of Japan to enact consular and 
                passport procedures and legal agreements to prevent parental 
                abduction to and retention of United States citizen children in 
                Japan;
                    (C) review its advisory services made available to United 
                States citizens domestically and internationally from the 
                Department of State, the Department of Defense, the Department 
                of Justice, and other government agencies to ensure that 
                effective and timely assistance is given to United States 
                citizens in preventing the incidence of wrongful retention or 
                removal of children and acting to obtain the expeditious return 
                of their children from Japan;
                    (D) review its advisory services for members of the United 
                States Armed Forces, particularly those stationed in Japan by 
                the Department of Defense and the United States Armed Forces, to 
                ensure that preventive education and timely legal assistance are 
                made available; and
                    (E) call upon the Secretary of State to establish procedures 
                with the Government of Japan to resolve immediately any parental 
                child abduction or access issue reported to the United States 
                Department of State.
            Attest:

                                                                          Clerk.