Amnesty International comments on the Noriko Calderon case
Amnesty International has posted its view about the case of Noriko Calderon, a girl born in Japan to illegal immigrant parents:
“Japan must uphold their international obligations by placing the interests of the child as the primary consideration in all actions and deporting Noriko’s parents would clearly be counter to her best interests,” said Roseann Rife, Asia-Pacific Deputy Programme Director.
Article 9 of the Convention of the Rights of the Child, to which Japan is a state party, provides that “State Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child”
Japan has attempted to circumvent this obligation by declaring that it interprets this provision as inapplicable to a case where a child is separated from his or her parents as a result of deportation in accordance with its immigration law.
Amnesty International believes that this interpretation is unacceptable. “The principle of placing the child’s interests first, lies at the very heart of the Convention on the Rights of the Child and simply cannot be set aside. We urge Japan to abide by its international obligations, as well as heed the voice of common sense and basic humanity, and allow the family stay united in Japan,” said Roseann Rife.
As the organization seems opposed to the idea of breaking up the family by deporting only the parents, maybe they’d be more satisfied if the Japanese government had not given the Calderons the option of letting their daughter stay in Japan?
The Japanese government announced a few days ago that Noriko’s parents would be allowed to visit their daughter in Japan if they made the decision not to take her back to the Philippines. (Those deported for violations of immigration law are usually banned from entry to Japan for 5 years.)
Update: Noriko’s father has been detained and her mother has been granted another week of permission to stay in Japan. The Calderons are still insisting that they all be allowed to stay in Japan, but the government has stated that the parents must be deported.
The decision to only detain one parent and grant a one week extension to the other is, quite frankly, odd.
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How is it “against their will” if they chose to leave let the daughter stay in japan when they had the option of being together in the Philippines?
Child doesn’t want to go to the phillippines, because she is unable to live there. (as far as I know she doesn’t speak the language good enough, if at all)
Thus “being together in the Philippines” is neither a suitable option, nor is it in the interest of the child.
->
It is against the will of the child, as well as it isn’t in the interest of the child.
So does this mean that any illegal immigrant that can manage to stay in japan long enough to make their child unable to survive in their original country should be allowed to gain residence? What the hell is the point of immigration laws then?
It is all on a case-by-case basis. The next one might be kicked out.
Dude since when did the world have to pay any attention to what a 13 year old child wants ? She’s a kid she will adapt to life in the Phillippines.
Deport the whole family together – problem solved.
i agree…they can all be together in the philippines…i really dont understand how the child is supposedly “unable” to live in her home country…is it because she cant speak Tagalog? well, it can be learned and she’s young…so it’s not an excuse…and im just curious, does this mean that they all speak japanese at home? the child has never been exposed to her own language? how can that be? i know filipinos who are half-american, or half- japanese who can understand the language, although they may not be able to actually converse using tagalog…it just seems impossible..13 years in a filipino household without gaining some understanding about the language is just somewhat incomprehensible…illegal acts should not be condoned…people who do this augment the negativity felt by other nations towards other more honest filipinos…
Oh hell, why don’t we just get rid of all laws? I mean, laws clearly infringe on people’s basic human rights to do whatever the hell they feel like doing whenever the hell they feel like doing it. Laws themselves are inhumane, abolish them all!
But then what would AI’s battalion of clueless lawyers (OK, an oxymoron, work with me here) do?
Amnesty International can go F themselves. Japan has no more obligation to support illegal aliens, or their “products,” than America has to support Mexico’s. No country has to give up their sovereign rights because some criminal says so.
“sovereign rights” still weigh less than “human rights and the rights of the child”
If Japan was unable to stop them from immigrating in the first place, afterwards unable to detect them for a long time, (I’d say at least 10 years) it’s only natural for them to be allowed to stay in Japan, because Japan basically became their place of living.
FYI: Spain would have allowed them to stay, because they actually had work, it seems they didn’t have a criminal record, and were registered with the local authorities (Noriko was in school :>)
But oh well, that’s Japan for you
Clever criminals are still criminals. There is no such thing as a treaty that usurps the authority of a nation’s constitution. If Amnesty International ‘thinks’ they can enforce their opinion then maybe they can mobilize their ’sovereign military force’ and invade Japan on behalf of an illegal immigrant. I’m not holding my breath though.
Actually the decision to allow Noriko to stay was made by the Ministry of Justice. Of Japan. The Government of Japan persumably has the right to enforce its opinion on the laws on Japan.
“There is no such thing as a treaty that usurps the authority of a nation’s constitution.”
Don’t bet on it. International treaties have been used before to force legal changes.
The legal precedent set by a treaty depends on the Constitution of a country. In America a treaty entered into by the POTUS is given the same weight as the Constitution, and therefore becomes binding on all lower courts.
I don’t know what Japan’s Constitution says about treaties. I do know that countries have often chosen to ignore international treaties. I also know that Amnesty International has no capability to force Japan’s hand.
The relevant articles say:
At the same time,
But
Note that it does not mention the treaties.
So there are several interpretations.
Anyway I am sure Amnesty International has no capability to force Japan’s hand, for that matter, the U.S. ’s hand, either.
Well it seems Spain is an exception. The amnesty was carried out at the time of economic boom. Spain “is now trying to persuade some 20,000 migrants to go home ・・・・ Spanish officials are also looking for ways to restrict the number of relatives of migrants arriving in the country.”（Jun 26th 2008 Economist.）
And
But oh well, that’s Spain for you
I think they should all get to stay until Noriko is old enough to live by herself. Then they should resume the case and decide wether or not the parents are deported.
I think the girl should at least go to here “home” country and learn about her own culture and then when she is older she could always return to Japan legally. Personally I think sh eis being selfish.
Many people in PI grow up fine.
http://www.asahi.com/national/update/0309/TKY200903090119.html
There are always debates over the similar cases.
・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・
I think Justice ministry’s deal was not bad if not the best.
Noriko can live with her aunt in Japan according to the article and probably will not be separated from her Japanese friends(Her aunt lives in Saitama) And the parents also can visit Japan once in a while.
I wonder what the lawyer is up to:there is no chance the decision is to be changed.
I am tired of giving my opinion about this topic. I just can say let her free e live her life with happiness. If she has friends in Japan and wants to live here. What is the problem with that? Japan is suffering with low birth rate and needs young people to support the elderly people in the future and she can be the one to do that. What is the problem Japan? Wake up and let her be free e happy with her friends and parents.
If Japan had realized the problem before e solved the problem before she was borned, this situation would not happen. Now Japan should aknowledge such mistake and let her be happy with here friends and family in Japan.
how is this japan’s fault. noriko’s parents entered japan illegally.
According to the Amnesty International piece, Japan’s obligations under the Convention outweigh the immigration issue.
In other words, it doesn’t matter that the parents entered illegally.
IT IS JAPAN´S FAULT BECAUSE THEY DID NOT DO IT BEFORE. NOW IT IS TOO LATE…
So by that logic, if an arsonist starts a fire and the fire truck gets caught in traffic and can’t respond promptly, causing the building to burn down, it is the city’s fault and the arsonist receives a “get out of jail free card”? And turn your damn caps lock off.
She is staying in Japan, it’s her parents that are leaving.
She is free to be with her friends and parents. Just not in the same country. If she wants to live with her (criminal) parents, she can live with them in the Philippines. If she wants to stay in Japan and live with her friends, she can do that too. The choice is hers and her parents’ to make.
“If Japan had realized the problem and solved it before she was born, this situation would not have happened.”
How about: “If her parents had not illegally entered Japan on false passports, and then stayed on in Japan as illegal immigrants, gibing birth to Noriko in the meantime, this situation would not have happened.”
If you are going to point fingers, point them where they belong – at the party that actually did something wrong.
“Japan should acknowledge the mistake” How about “Noriko’s parents should acknowledge their mistake, and return to the Philippines. And also apologize to Noriko.”
if japan let the entire family stay, that would leave the door open to other illegal aliens who have snuck in to pop out a kid as fast as possible and hope they can last a few years so the kid grows up and they can get the same treatment…
I agree that letting the daughter stay and deporting only the parents is a valid solution for japan to take. they’re the ones who broke laws, plus they’re already getting special treatment, and dispite having her parents being deported, i believe one of the previous articles stated that she had relatives near by she live with or something.
also, japan is not forcibly seperating the child from her parents, they’re just saying the parents cannot stay in japan, never did they say that they couldn’t live together at all anymore, just the parents cannot live in japan, now if the daughter stays in japan or follows her parents is a completely different issue all together, it is her and her parent’s choice whether she stays in japan away from them, or follows them out
From what I read it sounds like Amnesty International is suggesting that giving the parent the option of leaving their child in Japan was the wrong thing to do. In a way I agree with them, it’s a little reckless and irresponsible to suggest that a minor can choose to live in Japan with no family.
I’m going to assume that they are going to put her into some form of foster care or whatever system they have in place to deal with orphans. How can a situation like that be preferable to growing up in a loving home with your parents?
So yea, on this occasion I agree. Japan should have either kicked them all out or let the family stay. Anything else is not helpful in the least.
It just blows my mind when people say Japan cannot let them stay because it would “open the door” to more cases like this. I seriously doubt there are hundreds of children like this living in Japan. Is it not reasonable to assume that Japan can enforce it’s laws however it chooses? And if that is the case it could choose to punish the family without deportation. The decision to deal with this case by only allowing the child to remain in Japan is a bit cruel. Perhaps the parent did break the law, but the punishment is up to the discretion of the Japanese government and they take all the responsibility for the cruelty of it.
Wow, some of the commenters above are pretty harsh! Try calming down a bit people.
However Mister M, I agree with you completely: “Japan is suffering with low birth rate and needs young people to support the elderly people in the future and she can be the one to do that. What is the problem Japan? Wake up and let her be free e happy with her friends and parents.”
I think the family should be allowed to stay. But I also think it’s not *that* bad if they do in the end all go back to the Philippines–she will get to learn about her own culture and can try to come back to Japan legally as an adult.
A couple years of intensive study in Filipino language and she’ll be ready to reunite with her parents. Kids pick up languages fast.
I’d hate for Noriko to waste too much time in Japan when she really should be preparing for Philippine High School. I’d guess that a Japanese diploma wouldn’t as valuable as a Philippine one once she re-settles in the Philippines.
Okay, must be getting soft in my old age…
I can’t help but compare this to the Pvt. Jenkins case. Not that I had sympathy for Jenkins, but the decision in the end not to prosecute him was 100% correct – for the sake of his wife and daughters.
Should Soga-san have been deprived of her husband?
Noriko was born in Japan, and is Japanese. Everything in her life is Japanese – the Philippines is a foreign country. She is Japanese, and it is her right to stay here.
So the question is, should a young girl be deprived of growing up with her parents?
No qualifying statements, please. This isn’t about her parents – Should a young girl be deprived of growing up with her parents?
I hope we’ve finally reached the point in society where we have room to look at those questions with some compassion. I can’t help but think most of the people on this thread have never been in a situation where their entire lives were determined by how much compassion a small group of people were willing to show them.
Or, if you want to be a complete Machiavellian about it, How much damage to society will letting her parents stay incur, vs. how much will happen by deporting them? What might Noriko do FOR Japan some day because of a favorable decision?
I echo your sentiment, and I for one think justice ministry should have granted the special permit to the parents.
But it seems that the argument is a little confused.
Jenkin’s case is different. He didn’t enter Japan illegally.
And Noriko is not legally Japanese and it is not her right to stay in Japan. That is why this is a problematic case.
Granted that she has a right to live with her parents, then she can live with her parents in Philippines.
I’ve checked Japanese school in Philippine.
http://www.mjs.org.ph/
If she does not want to go to Filipino school, she can go to Japanese school.
That said, though justice ministry deal was not entirely unreasonable, I for one think that the over-stayers should be given a chance to stay on certain conditions.
They have no criminal record except illegal entry and overstaying, I suppose. They are hard-workers,they speak Japanese pretty well.
And as you point out, considering what Noriko (and her parents) might do FOR Japan some day because of a favorable decision, Japan might as well grant them a special permit.
To let them pay for the wrongs that they did, it is not unreasonable that Japan might make them pay the penalty, or do community work without deporting them.
This is likely to become an issue to be addressed in the future.
Some corrections: Jenkins was prosecuted. He was just let off with a slap on the wrist, in consideration of his age, the time since the offense, the fact he turned himself in, that he offered the US all the information he had on the North, and of course because Japan asked the US to go easy.
Noriko is not Japanese. Not legally. Mentally, perhaps, but it ends there.
She is not being “deprived” of growing up with her parents. She is completely free to live with them, just not in Japan.
I for one am getting pretty damn sick and tired of all this “Japan should do this” and “Japan should do that”. How about “Noriko’s parents should have done X, Y and Z”, starting with not entering Japan illegally. See, that would have solved the whole thing. And yes, it is about her parents. They chose to break the law, and then have a kid, thereby dragging her into it. And when they got caught, what did they do? Start with the “Won’t someone think of our child?” routine. How about this: YOU’RE the parents, how about YOU think about your child. How hard is that? Noriko is not Japan’s responsibility, she is not my responsibility, and she is not your (”your” as in everyone on this forum) responsibility. Her parents – Alan and Sara – THEY are responsible for the well-being of their daughter, and they have been negligent. They are the people who should have been looking at Noriko with “compassion”.
But you are right on one point: I have never been in a situation where my life was determined by the compassion of others. I say that with pride. I take responsibility for my own life. That is not to say I have never been offered, and accepted, a helping hand when events beyond my own or anyone else’s control knocked me down, and I have and would again gladly do the same for someone else in such a situation. But this is not such a situation. Complete, total and callous lack of planning and selfishness by Alan and Sara Calderon is not cause for extraordinary measures on anyone else’s part. They created this mess – not the MOJ, not immigration, not the police, THEY did.
I don’t think you’ll find too many statements supportive of the parents’ actions here.
True, there are not many. And they are far outweighed by people trying to somehow blame Japan for this mess (either “creating” it by not stopping the Calderons at the border or “exacerbating” it by taking well over a decade to find them). Or, as jmadsen seems to be saying, “never mind the parents, this isn’t about them!”
Well, it is about the parents, and their actions. What is happening to Noriko may not be “fair”, but then again, life isn’t “fair”. She cries for the cameras and says she doesn’t want to move. Find me a 13-year-old who does! Mom and/or Dad get a job in a new town or state, they pack up the family and move, what do you think the kids are going to say? Some people move their whole family halfway around the planet – the kids adapt. There was just an interview in the paper with Angela Aki talking about how when she was about the same age as Noriko is now, her parents moved to Hawaii and Angela ended up in classes with 9- and 10-year-olds because she couldn’t speak English at an appropriate level. She seems to be doing fine now as an adult.
I was far more sympathetic to Noriko when this whole thing started. But at this point, I’m just thinking “Enough! Kick the whole G-D family out already!” Some folks are going to bitch even if Japan does a triple-over-backflip-and-pander-pirouette, saying they should have done a quadruple-over backflip etc., so what’s the point.
Noriko, sorry, your parents are idiots. Sucks to be you. But look at this as a chance to learn how not to do things. And think how you’d be able to regale all your new classmates in the Philippines with Tales of Japan. You’ll be the most popular kid in class. Good luck.
“But kids can deal with moving” is not an argument, and not relevant to the debate (and this isn’t even the same thing as moving).
“life isn’t “fair”.”
No, which doesn’t mean anything really. Life is not fair, which means laws are not always applied equally either. For every photogenic Noriko, how many still remain living illegally and who won’t get treated as well? You use what you have got, I guess.
I still would love to know the true story – how a kid can grow up for example, with the surname Calderon and no one tell her she is not Japanese. How she doesn’t speak a word of Tagalog despite her parents both being native speakers, presumably.
“Have to leave friends”, “Was born in Japan but has to adapt to unknown country”, “live without parents at her age”… *laughs*
I don’t really understand people who are criticizing the Japanese Govertmnet’s decesion handed down to the Chaldreon family (including Noriko).
The Japanese Government gave the family options. Either that:
-Noriko stays under the parent’s care and goes back to Philipines (which is where her citizenship is, remind you because she is NOT a Japanese citizen) OR
-Noriko stays in Japan under her close relative’s care (I believe an Aunt who lives some what close by) while her parent’s get deported and gets some sort of special permission to come visit periodically.
How is this unfair to the child OR the family? I would like to remind everyone here that Noriko’s parents broke the law of Japan. Yes, it might not seem like a major crime, compared to Murder/Rape/Fraud/Grand Theft Auto, etc BUT the fact is that a law was broken.
For those of you who think “who cares if you let a family stay in Japan”, its the principal here that matters. A law was broken from the parents. The parents are being punished rightfully.
And, its very unfortunate that the parent’s are using the media to plead their case. Please, we have more important things to worry about in the world right now. I think everyone can agree with me on this one. The world economy is on the brink of collapsing. Just my personal thought.
Agree.
Japan is a sovereign country so it can handle its immigration policy as it pleases.
I think it’s Noriko’s parents fault since they came illegally to Japan.
Now they were given two options: leave Japan with or without Noriko, but if they really love her they should take her with them since kids need parental care and love.
Finally it’s unfair comparing different countries with different problems. Japan has its own demographic problem so they need to find their own solution for this problem.
悲痛な叫び…のり子さん「お父さん返して」
http://www.sponichi.co.jp/society/flash/KFullFlash20090309050.html
I’ve supported the position that Noriko should be allowed to stay while deporting the parents so I was happy with the decision that the government reached regarding this matter. But I’ve felt bad for the kid to have to go through this since it wasn’t her fault.
But even after the Japanese government has been delaying and compromising, I have to admit that this whining to the press is wearing my sympathy thin. They could have been all kicked out the day they were found, and Japan would have done nothing wrong then.
Also, the parents are just being idiots and letting things happen by inanction.
If they think they should take Noriko back to the Philippines, then they should say so. If they think they should let her stay in Japan, then they should say so.
Maybe they think if they make the girl whine and shed enough tears in front of cameras, they could somehow make public opinion to force the Japanese government to relent and let all of them stay, which I find to be pushing their luck and goodwill too far.
I think it is the lawyer who took the risk and tried to win more sympathy and support.
The tactics worked until they won the compromise so that she can stay in japan and the parents as the deported won the privilege to visit Noriko.
But after he won the compromise, I am not sure if it has worked, though.
Once the decision is made, there is no chance the government change the policy for this case and I think he knows it.
Perhaps he wants to get as much as possible for other children of the illegal immigrants who might not have relatives in Japan.
My impression is that he has pushed too far.
“I have to admit that this whining to the press is wearing my sympathy thin.”
Yeah, this latest twist has me agreeing with you. It’s getting beyond Young Innocent Pleading and onto Cynical Manipulation. Ponta may well be right on the money with blaming an over-eager lawyer, though the father is also to blame. Quite a lot.
This is a textbook example of “子供を出汁に使う (to use one’s child to make soup stock).” The Calderons backed by “liberal” activists know very well the seniment of the Japanese public: “泣く子と地頭には勝てない (No one can defeat a crying child and a local gov’t officer).” It’s just sickening to me.
Calderon family has decided to stay in Japan no matter what. I wonder who is taking more initiative for the decision, the layer or Noriko’s father Alan ?
If the lawyer is the one who is taking the initiative for the decision, his strategy hasn’t worked so far.
I am wondering about the Japanese Public Opinion on that case….
Whoever advocated splitting up the parents and child are horrible people.