New Law Designed to Bankrupt Family Federation

International human rights expert describes in report to UN how Japan has introduced a new law especially designed to rob the Family Federation of all its funds 

Patricia Duval, French attorney specialised in international human rights law, sent on 22^nd September 2024, a 29-page report titled “Japan: A Witch Hunt to Eradicate the Unification Church” to several UN offices. Bitter Winter, the leading international magazine on religious freedom and human rights published 3 days later, on 25^th September, an executive summary of the report. The day after, the magazine started publishing a 5-part series where Duval gives a more detailed description of the content.

Part 2 of comments on fourth article of Bitter Winter’s 5-part series 

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Text: John Milton / Knut Holdhus 

New law targeting religious minority

Japan enacts law targeting religious corporations, focusing on Family Federation’s assets

On 30^th December 2023, Japan passed Law No. 89, officially titled the “Law on Special Provisions for the Operation of the Japan Legal Support Center for Prompt and Smooth Relief of Victims of Specific Torts, and Similar, and Special Provisions of the Disposition and Management of Property by Religious Corporations.”

Known as the “Act on Victims of Specific Torts” or “Special Measures Act”, this legislation introduces sweeping measures to aid “victims of specific torts” while monitoring the assets of religious corporations against which dissolution claims have been filed. Although framed as broadly applicable, this law specifically targets the Family Federation, the sole organization currently facing a dissolution request from the Japanese government.

[Editor’s note: Torts are acts or omissions that bring about injury or harm to another and amount to civil wrongs for which courts impose liability.]

Objectives and scope of law no. 89

The new law aims to achieve two main objectives. Firstly, it provides support for alleged victims of specific torts, enabling them to seek damages through expedited legal processes supported by the Japan Legal Support Center. Secondly, it grants government oversight of assets belonging to religious corporations that are subject to dissolution requests, specifically focusing on preventing potential dissipation of these assets.

Under Law No. 89, “specific torts” include actions such as coercive solicitation tactics, which allegedly impair individuals’ judgment and disrupt public welfare. These activities have been cited by Japan’s Ministry of Education, Culture, Sports, Science and Technology (MEXT) in its dissolution request for the Family Federation. The law allows MEXT to classify organizations facing dissolution under two designations: “designated religious corporations” and “specially designated religious corporations.”

Designated and specially designated religious corporations

The classification process is laid out in Article 7.1 of Law No. 89. Religious corporations can be designated as “designated religious corporations” if there is a “substantial” number of victims associated with them. This designation allows authorities to closely monitor their assets and financial transactions. The guidelines issued on 15^th February 2024, clarify that several dozen victims, including those who may come forward later, are enough to trigger this classification. [Editor’s note: As a point of reference here, it’s worth noting that the Family Federation has about 600,000 members in Japan.]

Should there be concerns that a religious organization may attempt to evade asset monitoring, it may be further classified as a “specially designated religious corporation,” as per Article 12. This heightened classification permits stricter surveillance measures, including easier access to the corporation’s financial records by victims’ legal representatives. The law is intended to safeguard against any attempt by these organizations to move or conceal assets pending the dissolution process.

Laws intended to bankrupt the Family Federation

The Family Federation (in Japan until 2015 called the Unification Church), which has been under increasing scrutiny for its solicitation practices, now faces enhanced financial monitoring and legal challenges under the new law. As the first organization likely to be designated under this statute, the Family Federation’s financial institutions have already become cautious about processing international transactions and large remittances, reflecting the law’s immediate effects.

Law 89 is seen as a tool for victims’ lawyers, particularly the network of leftwing activist lawyers who have campaigned against the Family Federation / Unification Church for decades. Those hostile lawyers can now access the Family Federation’s financial records more efficiently. The lawyers have naturally expressed support for this legal approach, calling for a flexible implementation of these provisions to allow more individuals to claim damages without financial burdens.

Many of these individuals may already be associated with the hostile leftwing lawyers’ network, which for more than 50 years has worked in league with professional faith-breakers who have coerced forcibly deprogrammed members of the minority religion to become claimants in lawsuits against the Family Federation / Unification Church.

Critics of the new law naturally say that the laws are tailor-made for the hostile lawyers to seize all the assets of the Family Federation. That becomes more apparent when we know that representatives of those same lawyers have served as advisors to the administration that had the laws enacted. In fact, one of the lawyers, Masaki Kito, was personally appointed by a government minister to be a key architect of the steps taken by the authorities against the religious minority called the Family Federation.

Laws unheard of in the rest of the world

To assist potential claimants, the law mandates that the Japan Legal Support Center provide legal aid to those seeking compensation. This includes removing financial barriers, allowing “victims of specific torts” to pursue claims without incurring legal expenses.

The Special Measures Act extends beyond economic damages from donations, opening the doors wide for broader claims for alleged family and relational damage allegedly caused by the Family Federation’s practices. In this respect, families “affected by” the conversion of loved ones to the Family Federation are being encouraged to pursue both refunds and punitive damages, citing family separations.

Critics claim that such laws make it virtually impossible for a religious organization to exist. Such extreme laws are unheard of in the rest of the world. It certainly seems like in the current witch hunt against the Family Federation reason has gone out the window. The new laws are designed to bankrupt the Family Federation. But with such a legislation enacted, the above-mentioned lawyers would love to embrace claims against any religious organization. Laws allowing for legal claims for alleged “family and relational damage” make it easy to go after unpopular minority religions and could prove very lucrative for lawyers already hostile to new religions.

Controversy surrounding Law 89’s implementation

While the Japanese government presents Law 89 as a measure to protect victims, critics argue that its broad provisions against “specific torts” may lead to targeted discrimination against new religious movements, particularly those seen as “socially unacceptable”. By creating a legal framework that scrutinizes the financial activities of designated religious corporations, the law could potentially weaken their financial structures and reduce their influence within Japanese society.

Potential misuse

As Japan enforces Law no. 89, religious freedom advocates express concerns about the potential misuse of these provisions to stigmatize non-mainstream religious groups. The Family Federation’s current legal battle against monstrous laws readily exploited by activist lawyers will likely set a precedent for how this new law will impact the financial and operational stability of many religious corporations in Japan.

Featured image above: Specifically targeted: the Family Federation, here its flag waving in Japan. Photo: FFWPU

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