Ambassador Extraordinary and Plenipotentiary of Japan to the United States Ichiro Fujisaki speaks often in Washington. He like to emphasize what he expects in his diplomatic mission. His first expectation and rule, is that he wants "no surprises" between the US and Japan.
On Monday, March 9th, he was surprised; and not in the good way.
A seemingly irrelevant House of Representatives resolution sponsored by a New Jersey Republican (Chris Smith) calling on Brazil to honor its commitment to the Hague Convention on the Civil Aspects of International Child Abduction, suddenly became Japan's problem. The Democratic leadership of the House decided that this resolution (
H. Res. 125) was the perfect vehicle to address a number of related child abduction issues. Wronged parents can be very tenacious constituents.
Thus, the Chairman of the House Foreign Relations Committee Howard Berman (D-CA) allowed the resolution to be amended to include language that pointed out other cases of unlawful child abduction. Some cases have been with countries that have signed the Hague Convention, but have demonstrated a pattern of noncompliance, such as Brazil, Bulgaria Chile, Ecuador, Germany, Greece, Mexico, Poland, and Venezuela. AND Countries that are NOT "partners with the United States under the Hague Convention" such as JAPAN, India, and Russia.
The Resolution also included two examples of countries that have caused American parents-left-behind incredible grief: Brazil being one case and JAPAN being the other. It was not lost on members of Congress that Japan was being grouped with less "developed" countries like India and Russia.
On March 11th, Mr. Berman agreed to "waive jurisdiction" (a common parliamentary procedure with noncontroversial legislation) on the Resolution and it jumped from the HFAC and landed on the floor of the House under the suspension of the rules (another common parliamentary procedure with noncontroversial legislation). This resolution was considered on the floor with the Tibet resolution condemning China for its oppression of the Tibetan people on the March 10th anniversary of the Tibetan uprising against China. House Speaker Pelosi had made this issue a priority. The resolution on child abduction also had a particular urgency because the President of Brazil Lula was to meet with President Obama that weekend.
In other words, there was deep bi-partisan support to speed both resolutions through Congress. The Democrats wanted the Tibet Resolution and the Republicans the Child Abduction one. Moreover, Rep Xavier Becerra (D-CA) who is head of the Hispanic Caucus and an increasingly powerful member of Congress, is Patrick Braden's representative. Mr. Braden is one of the most active fathers seeking the return of his abducted daughter. His legal case is also the strongest.
Yes, both China and Japan tried to lobby against the resolutions affecting their countries. Japan sent both Embassy officials and the law firm of Hogan & Hartson (former Amb to Japan Howard Baker's law firm) to the Hill. Japan complained that they were considering signing the Hague Convention. Japan hands know that although this is true, that "consideration" will take years, if not decades. Japan also complained that the laws of other countries do not apply to Japan. However, the U.S. does have an extradition treaty with Japan and many other shared legal vehicles. And it goes without saying that this argument undermines Japan's commitment to international law.
Brazil, the real target of H. Res 125, never raised an objection, never made even a phone call to the Hill. They let the issue pass.
On the floor of the House, several congressman gave prepared statements supporting the Resolution and citing various examples of child abduction. Significantly, House Foreign Affairs Chairman Berman introduced the resolution and led the discussion (debate). Rep. Becerra discussed in detail the situation of
Melissa Braden who was abducted to Japan, among of the top three countries where children are abducted.
It appears Rep. Smith called for a roll call vote (it is possible this was the result of last minute Japanese Embassy lobbying or simply good domestic politics). I am not sure that was wise for Japan if they encouraged it, but it was good for Mr. Smith. (you can find the discussion in the Congressional Record pp H3300-3305.]
Under suspension of the rules, debate is limited and the vote is a voice vote with the result implying unanimous consent. With a roll call vote, everyone has to go on the record as to how he or she voted. Interestingly, 418 of the 435 members of the House were on the floor at the time. So the result was 418 voting for the resolution, making it unanimous--and embarrassing for Japan.
This is not the first time Japan has been surprised by the US Congress by issues of values and law to which Tokyo is not a "partner" with the US. And it will not be the last.
More on Melissa Braden.
[Updated on March 17, 2009]