Japanese Court Dismisses War Reparation Claims Brought by Chinese

By Ariel Lin
Impunity Watch Reporter, Asia

TOKYO, Japan – A Japanese high court turned down two damages suit filed by Chinese nationals.  According to Kyodo News reported, one case is brought by eight Chinese who were forced to work as laborers at a copper mine in Japan during World War II.  The other lawsuit filed by a Chinese woman who was forced into sexual slavery by the Japanese army.

The Chinese plaintiffs in both cases were seeking apologies and financial damages from the Japanese government for the acts of slavery during World War II.   The suit, filed by eight plaintiffs in 2004, sought US$1.9 million dollars from Japan’s government and Mitsubishi Materials.  Six out of the eight plaintiffs have died and were represented by relatives.  Plaintiffs’ statement states they were among 241 Chinese were forced to work under harsh conditions at the copper mine while no wages were paid.

The other suit was filed by an eighty-three-year-old Chinese woman, Chen Jinyu, on behalf of all Chinese sex slaves for Japanese soldiers in World War II.  Chen arrived in Japan to attend the second trial at the Japanese High Court, but she left with disappointments.

Japanese High Court Presiding Judge, Watanabe Hitoshi, says that the 1972 Japan-China Joint Communique does not give the individual right to claim war reparations from Japanese government.  China renounced any attempts to seek war compensation from Japan in the agreement. However, the Japanese court did recognize the female plaintiffs were suffering from post-traumatic stress disorder because of the wrongful conducts and brutal behaviors by Japanese troops.  The plaintiffs pledged to appeal to the Japanese Supreme Court.

For more information, please see:

Market Watch – Lawsuit from WWII sex slaves dismissed – 27 March 2009

StraitTimes – Court rejects WWII claim – 27 March 2009

XinHua – Japanese high court turns down lawsuit by Chinese forced laborers during WWII – 37 March 2009

XinHua – Tokyo court rejects damages suit filed by WWII Chinese sex slaves – 27 March 2009

Pacific Islands Forum Chair Calls Fiji Military Regime a Threat

Hayley J. Campbell
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji – The Pacific Islands Forum chairman has stated that Fiji’s military regime is a threat to the region’s stability and must return to democratic rule as soon as possible.

Toke Talagi, Forum chairperson and Niuean Premier, has recommended that Pacific leaders force Fiji to set a date for elections ahead of the previously imposed May 1st deadline.

In addition, Talagi has condemned the recent abrogation of Fiji’s constitution and the reappointment of several Fiji ministers including interim prime minister, Commodore Frank Bainimarama.

Talagi says that such action is in contradiction to the Court of Appeal’s ruling last week, declaring the 2006 military coup led by Bainimarama illegal.

According to Talagi, Fiji’s military regime now poses a serious threat to the region’s stability.

“It is our belief that Fiji poses a real threat in terms of the stability of the region and we’d like Fiji to go back to democratic rule as quickly as possible. This is not withstanding the fact that the military regime has influenced the president to state that they won’t hold elections for the next five years,” Talagi said.

If the Pacific Islands Forum suspends Fiji from the group, Talagi says the Forum will still support the people of Fiji and offer what assistance it can.

For more information, please see:
Radio New Zealand International – Fiji military actions threaten regional stability, says Pacific Forum chair – 15 April 2009

ABC News – Pacific Islands Forum head says Fijian expulsion likely – April 15 2009

Sydney Morning Herald – Pacific bloc leader attacks Bainimarama – 15 April 2009

China’s Human Rights Action Plan

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – China issued a human rights action plan, promising to improve the protection of civil liberties.  “China has a long road ahead in its efforts to improve its human-rights situation,” the plan acknowledges.  The two-year plan promised broader access to social security, health care and education.  It also calls for measures to discourage forced confessions by torture and the mistreatment of detainees.  Furthermore, the death penalty will be “strictly controlled and prudently applied,” the plan states, and that defendants will be entitled fair trials.  According to the document, the plan’s drafters asked for input from Chinese government ministries, domestic colleges and nongovernmental human-rights organizations.

China’s action is welcomed by many International rights groups.  A research manager for the Dui Hua Foundation, Joshua Rosenzweig says, “the plan was notable because it seemed to have more input from academics, activists and other elements of civil society than the government’s previous human rights reports.”  He also said issuing a plan with benchmarks, instead of a report summing up past progress, was also an “important step.”

The deputy program director for Asia and the Pacific at Amnesty International, Roseann Rife, said the plan is a step forward for the Chinese government.  She thinks it is also good there are some concrete benchmarks with 2010 as a deadline.  Nevertheless, she indicated, there are very serious abuses omitted from the plan such as abuses for people who challenge the authorities in China.  She says the plan is more like a “right of urban and rural residents to a basic standard of living.”

However, some groups think the plan is too vague and dodged key issues such as curbs on freedom of speech and of religion.  Phelim Kine, a researcher for Human Rights Watch, called the plan “a grab bag of policy prescriptions and existing laws and regulations and commitments to human rights which are already out there.” He said the plan failed to address real issues, including illegal detentions and curbs on freedom of religion and speech.

For more information, please see:

AFP – China pledges to improve human rights – 14 April 2009

AP – China releases first human rights action plan – 14 April 2009

New York Times – China Releases Human Rights Plan – 14 April 2009

Reuters – China sets human rights agenda for sensitive year – 13 April 2009

Wall Street Journal – Beijing Issues Plan to Improve Rights – 14 April 2009

Thai Protesters Stops Asian Summit

By Pei Hu
Impunity Watch Reporter, Asia

BANGKOK, Thailand – On April 11th 2009, the anti-government protesters have effectively blocked leaders from meeting at the Association of South East Nations (ASEAN) summit at the seaside resort of Pattaya. The Thai government has declared a state of emergency after the 10-nation ASEAN summit was abruptly canceled.

Leaders from Australia, China, Japan, India, South Korea, and New Zealand were supposed to attend the meeting. However, despite increased security forces placed by the Thai government due to widespread demonstrations in Bangkok, protesters breached security forces by breaking through glass doors.

Moments before the protesters breached security, Panitan Wattanayagorn said he was confident that the meeting would proceed, “The ASEAN summit was slightly delayed this morning due to certain safety reasons in certain locations. Not in the hotel, not in the meeting places but in the surrounding areas far away from the meeting places… Although at the meeting places there are some demonstrations but the authorities and the agencies in-charge are able to put the situation under control.”

Thailand is the current leader of the ASEAN regional economic bloc and the cancellation of the ASEAN summit was an embarrassment for the new Prime Minister, Abhisit Vejjajiva. Last December, a similar summit was also postponed due to Thailand’s political turmoil.

Last year the protesters occupied government buildings and closed down major airports, putting an effective block to the country’s tourism industry. The new government has been informing to the public and the international community that the country’s political uncertainty was a thing of the past.

Ban Ki-moon, United Nations Secretary General, who was scheduled to attend the meeting, said in a statement he regretted the postponement of the ASEAN summit but hoped for a return to normalcy and to settle the differences through peaceful means.
The summit was to discuss the region’s economic concerns including trade, food and security.  Regional leaders were also expected to sign an ASEAN investment pact with China and discuss security on the Korean Peninsula.

For more information, please see:

BBC – Thai protests cancel Asian summit– 11 April 2009

Reuters – Asian summit effectively cancelled – 11 April 2009

VOA – Protests Force Thailand to Cancel ASEAN Summit – 11 April 2009

Reporters Deported After Censorship Strengthening in Fiji

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji – The Fiji interim regime has ordered the reporter of the Australian Broadcasting Corporation, Sean Dorney, to leave Fiji immediately because they are unhappy with his reporting.  Mr. Dorney was contacted by information ministry officials after he reported the absence of political news from newspapers which have been subjected to new censorship since the constitution was abrogated.

Australian Foreign Affairs Minister Stephen Smith has urged Mr. Dorney not to take any unnecessary risks.  Mr. Smith said, “He should follow the request or the instruction of the Fiji authorities however so obnoxious he might regard those to be, because they are impinging upon his capacity to do his job as a journalist.”  Mr. Dorney has said he much prefers to be on a plane than in the military barracks.

The government has also arrested and begun proceedings to deport a television journalist, Edwin Nand.  Mr. Nand’s detention is based upon Fiji TV’s transmission of reports of the detention and deportation of Mr. Dorney to overseas news services.  The interim regime says such transmissions are now illegal.  A New Zealand television reporter and cameraman are also facing deportation.

Journalists in Fiji have been told not to publish or broadcast stories that present the reinstatement of the military government in a negative light, and police censors are now in newsrooms across Suva to check on the stories intended to be run.  The Permanent Secretary for Information has been given almost total control over what is printed or broadcast in Fiji.  The penalty under the Emergency Regulations for not obeying may be an order to cease all activities and operations.

Commodore Bainimarama says he hopes everyone will follow the restrictions.

For more information, please see:
Australian Broadcasting Corporation – Fiji virtually a military dictatorship: Rudd – 12 April 2009

Austalian Broadcasting Corporation – Fiji cops backlash over media crackdown – 13 April 2009

Australian Broadcasting Corporation – Fiji begins process to deport ABC’s Dorney – 13 April 2009

Australian Broadcasting Corporation – Fijian journalist arrested as Dorney awaits deportation – 13 April 2009

Radio New Zealand International – Austalian reporter to be deported from Fiji – 13 April 2009