An Emerging Transnational Movement in Women SH Um An Rights
An Emerging Transnational Movement in Women SH Um An Rights
An Emerging Transnational Movement in Women SH Um An Rights
Chih-Chieh Chou∗
Abstract. This study examines the efforts and effects of human rights
nongovernmental organizations’ (NGOs) campaigns on “comfort women” issue in
East Asia. By focusing on the dynamic process of interactions between the three
main actors involved in the issue: comfort women NGOs; Japanese government; and
the United Nations, I first argue that the Japanese government is being forced to
change its original discourse of official denial and cover-up policy to approach the
demands offered by comfort women’s NGOs. Second, the human rights movement
relies on popular awareness and consciousness toward human rights issues in civil
societies.Hence, through campaigns and activities,NGOs can play the key role to
promote this issue and further form a transnational activism around the region and
the international community. Third, a leading NGO can effectively promote
international networking and then can press the target government to change its
position. Fourth, we need to conduct a process oriented analysis of a specific case
within a research framework to establish the exact influence of NGOs on the human
rights issues. Finally,comfort women’s NGOs have established a successful model
for the transnational advocacy networks in human rights movement and have
promoted a new claim for women’s rights in East Asia.
1. Introduction
2. Research Framework
I provide two propositions for the research: first, three main actors are
involved in the issue: the comfort women survivors and related non-
governmental organizations, the Japanese government, and the United
Nations. I assume that the activities and attitudes of the three parties and
interactions between them are essential and crucial factors in the
development and possible resolution of the issue. Second, the strategies used
by comfort women’s NGOs - promoting the issue to attract other countries
or United Nations concerns and requesting the Japanese government to face
and resolve the problem, are pushing the Japanese government to change
1
Comfort women, translated from Japanese-jugun ianfu (military comfort women),
are the approximately 200,000 young females who were forced into sexual slavery
by the Japanese Imperial Forces before and during World War II (1928-1945). Most
of them were Korean, Chinese, Taiwanese, Filipino, Indonesian, and few were
Dutch, Australian and Russian women (Soh, 1998, p.1). However, neither
compensation nor punishment has been discussed regarding this inhumane war
crime after World War II.
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their policy to approach the NGOs’ demands and also enhancing human
rights and women’s status in East Asia.
The first two types refer to “the ability to quickly and credibly
generate politically usable information and move it to where it will have the
most impact,” and “the ability to call upon symbols, actions, or stories that
make sense of a situation for an audience that is frequently far away” (p.16).
The third and fourth types refer to the response of “target actors” (i.e. policy
change by the “target” government), and the ability of NGOs to “convincing
governments…to publicly change their positions on issues” (pp.23-4). I treat
the typology as the four indicators, in order to assess the campaigns led by
NGOs on this issue.
The Japanese government began to see the need of “comfort women” for the
purpose of stabilizing soldiers’ psychology, encouraging their spirit. The
government believed such comfort women would help prevent soldiers from
committing random sexual violence toward women of occupied territories,
which became a real concern after the infamous Nanjing Massacre in 1937
(Soh, 1998, p.2). In particular, the rapes provoked a strong anti-Japanese
feeling among occupied people. This made it difficult for the Japanese to
rule the territories. Thus, the military authorities had to order a strict
regulation on soldiers' behavior and started to set up facilities for sexual
comfort.
2
Some feel that the term devised by Japan as military “comfort women”(MCW)
needs to be replaced with military “sexual slavery” (MSS). It is more value-neutral
and socially justice, although historically they were better known as MCW. From
the perspective of such naming politics, MCW justifies the victims’ services
therefore legitimizing the Japanese military inhumane actions. See (Keck and
Sikkink, 1998, p.176; Yoon, 1995, p.2).
3
Women between the ages of 11 to 32 were taken to the Japanese occupied areas by
force, deceit, or kidnapping in order to be used as military sex slaves for the
Japanese soldiers. They were forced to serve about 30 soldiers daily on weekdays
and 50 soldiers a day on weekends. These women were euphemistically called
“comfort women.” See (Lee, 1994, p. 8).
4
The testimony held by NGOs and the United Nations is recorded of a variety of
people who either remember the stations from the time of their operation or who had
relatives or acquaintances who were involved in the running of the system in some
ways (Coomaraswamy, 1996, p.4).
158 Chih-Chieh Chou
sacrificed their lives in the name of Japan, while others were killed5. Few
comfort women were saved and sent back to their homelands by the Allied
forces. Many of them stayed abroad because the humiliation and pain were
too deep for them to overcome.
A Concealed Issue
When the war ended, the only military tribunal concerning the sexual abuse
of comfort women took place in Batavia (today’s Jakarta, the capital of
Indonesia) in 1948. Under the Dutch law rather than international law, the
Batavia trial convicted several Japanese military officers for having forced
into comfort stations the 35 Dutch women mentioned in the case. However,
the same trial completely ignored similar ordeals suffered by native
Indonesians and women of other ethnic backgrounds.
In fact, as early as 1942, the U.S. government was aware that a large
number of Korean females were systematically being sent to China and
Manchuria (Yoon, 1995, p.3). Numerous U.S. military documents from 1944
on also deal with “Japanese Army Brothel” and “comfort girls” issues.
However, during the Tokyo war crimes trial (formally called as the
International Military Tribunal for the Far East, 1946-48), the issue was not
an agenda item. West-centered international politics focused on the Military
Tribunal of Nuremberg to punish Nazi leaders with little attention paid to
those war criminals in the “East”.
The arrival of the cold war era shifted the US policies toward Japan
from political and economic sanctions to rebuilding Japan for strategic
balance in East Asia, especially after the Korean War broke out in 1950.
Hence, the US was not eager in punishing Japanese war criminals. Also, as
Japan plays more and more an important role in international society, due to
its economic power, this might cause the international society to overlook an
incidence of gross violation of human rights.
Moreover, the Japanese government and the army have hidden all
relative documents. According to a record discovered recently, the Japanese
Army not only carried out the sexual comfort operation in secret, but it also
5
For instance, in Micronesia, in one case the Japanese army killed 70 comfort
women in one night, because they felt the women would be an encumbrance or an
embarrassment were they to be captured by the advancing American troops
(Coomaraswamy, 1996, p.5).
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ordered the officers in charge of it to get rid of all related records (Yu, 1993,
p.531). This irresponsible attitude of Japan is related to its “willful”
ignorance neglect toward other Asian states. Unlike Germany that made
significant restitution to the neighboring countries, Japan has never been
sincere in resolving this issue. Japan does not seem to feel guilty for its war
crimes and is conversely more dedicated to justify or to cover up the past.6
Japan's ignorance over the issue is the main reason why the problem has
remained unsolved.
The last reason that prevents solution is that people who know the
actual fact - the assailants as well as the victims - have kept silence. This is
partly because of the oriental culture that makes the victims of sexual abuse
feel ashamed and the assaulters tacitly tolerated. Confucianism in East Asia
has strongly fostered the cultural aspects, though we can also find similar
cultures in other parts of the world. However, it should be recognized that
this cultural pressure against women victims is the second offense to them.
Although large participation of transnational movement in this issue has
helped to change the attitude of the Chinese or Korean societies toward the
victims of sexual abuse, such culture is still a negative factor in terms of
resolving the problem.
The comfort women issue began to emerge only in the South Korea in the
late 1980s. The turning point was in June 1990: a complete denial by a
Japanese official at a Diet session in June 1990 of any governmental
6
For example, Japan has given the excuse that this country aggression was carried
out for the purpose of liberating all Asian countries under the slogan of “the Greater
East Asia Co-prosperity Sphere.” Japan also denied the “Nanjing Massacre” in
China in 1937. Except for the US attitude toward Japan and the changing geopolitics
after WWII, other reasons accounting for Japanese attitude toward the history in
WWII are: (1) the divided nationhood of Korea and China (confrontation between
two pairs of rival regimes) weakened their possible efforts to push Japan to take
responsibilities of their war crime. (4) The dominant right wing parties (i.e. the
ruling Liberal Democratic Party) in Japan has tried to cover and eliminate the past
war crimes through “reinterpreting” the history. For further discussion about the
issue in the social-cultural dimension, see (Harootunian, 2000, pp.715-39); for the
policy of “reinterpretation,” see (Cohen, 1996, pp.525-6).
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Since the Korean Council was formed, the NGO has requested the Japanese
government to face the problem following the six demands and has
developed activities in order to resolve the issue of comfort women, which is
long overdue:
(1) Fact-finding
7
The Diet is the legislative institution of Japan.
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(2) Apology
Since 1991, the Korean Council has demanded the Japanese government to
issue an official apology. In January 1992, the Chief Cabinet Secretary Kato
admitted for the first time that the Japanese Imperial Army was in some way
involved in running military comfort stations. In July 1995, the Japanese
Prime Minister Tomiichi Murayama offered formal personal apologies to
comfort women (Lord, 1996, p.63). However, although the government
expressed their regret and sorrow, the apologies are usually challenged and
denied by Japanese cabinet members8. As a result, the Korean Council still
demands the government offer a formal apology from the Diet to send to
each individual victims.
(3) Reparation
The Japanese government has insisted that the reparation for all damages
during the colonial period was taken care of by the Korean-Japan Treaty in
1965, while they put up an Asian Women's Fund in 1995. It is not enough to
state that legal responsibility of reparations for the victims was finalized by
the Fund (as analyzed later). The Korean Council has decided to take the
case of military sexual slavery to the PCA (Permanent Court of Arbitration)
to clarify whether or not the Japanese government has any legal obligations
to pay individual reparations under international law (Chi, 1996, p.2).9
8
Such statements are declared by especially the right wing's politicians. For
instance, in May 1994, Japan's Justice Minister. Shigeto Nagano, described "comfort
women" as "licensed prostitutes" (implying that they volunteered) and stated that the
"Rape of Nanjing" in 1937, in which 300,000 Chinese were slaughtered in Japan's
bloodiest atrocity, never occurred. In August 1994, Japan's Environmental Minister
translated Japan's wartime aggression as an act of liberation for Asian countries. See
(Soh, 1996, p.1229-30).
9
An international conference to demand the withdrawal of the Asian Women’s Fund
was held in Tokyo on December 2-4, 1995. Survivors and activists from the
Philippines, the Korean Council and Taiwan, along with about 300 Japanese people,
participated in the conference. The following day, the Korean Council participated
in a peaceful demonstration in downtown Tokyo. About 500 people took part and
requested various actions to be taken by the Japanese government: “Withdraw the
National Fund!” “Adhere to the UN Recommendations!” The participants discussed
future strategies and adopted the resolution to make all the efforts to force the
162 Chih-Chieh Chou
(4) Punishment
The Korean Council demands that the Japanese government should punish
the guilty parties who were involved in carrying out the system of the
military sexual slavery by Japan (Kwon, 1994, p.6). According to the
Council, if the punishment is carried out, the effect of the punishment can
enhance Japan’s morality and conscience. In fact, the most recurring
problem has been Japan’s inability to fully admit its past crimes. The
Japanese government has even built shrines and memorials to pay honor to
those who sacrificed their lives for Japan. This kind of one-sided
representation of the past can only lead to more confusion about Japan's guilt
and responsibility of war crimes for future generations. The victims are still
suffering from the effect of the war.
(5) Lawsuit
International Movement
In August 1992, February 1993, May 1993, and February 1994, the Korean
Council sent delegates to the UN, urging the “Sub-Commission on
Prevention of Discrimination and Protection of Minorities” to start an
investigation into the gross violation of human rights during World War II.
In May 1993, other NGOs started to request UN to investigate the forced
labor issue, as well as the military sexual slavery during the Pacific War
(Kwon, 1996, p.8)11.
11
These NGOs include the World Council of Churches, the International
Commission of Jurists, International Fellowship of Reconciliation, The Task Force
on Filipino Comfort Women (Lilla-Pilipina), and the Korean Forced Draft
Investigation Group. Korean Forced Draft Investigation Group was founded in 1972
to deal with the issue of Korean drafted laborers during the Japanese Occupation.
Task Force on Filipina Comfort Women is the most influential comfort women 's
NGO in the Philippines. The International Commission of Jurists (ICJ) organized a
mission for comfort women issue in 1993. They visited Manila, Tokyo, Seoul and
Pyongyang, interviewing over forty victims, three former soldier and NGOs, as well
as lawyers and interested academics and journalists. In November 1994, ICJ
published its report and recommended that the Japanese government assume moral
and legal responsibility for this issue. The International Fellowship of Reconciliation
concerns the issue by researching the Japan-Korea Basic Treaty of 1965 and other
international laws. See Hicks, 1994, p.124, p.172, pp.262-3.
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In August 1999, the Korean Council attended and addressed the 51th
session of the UN Sub-Commission on the Promotion and Protection of
Human Rights (Sub-Commission)12. The issue of rape, sexual slavery, and
slavery-like practices during armed conflict is mentioned in the Resolution
of the Sub-Commission. In addition, the resolution notes “that the rights and
obligations of states and individuals with respect to the violations referred to
in the present resolution cannot, as a matter of international law, be
extinguished by peace treaty, peace agreement, amnesty or by any other
means.” Although the Sub-Commission resolution does not mention any
country, it would appear to support the claims of comfort women’s NGOs
against the Japanese government for compensation with regard to the
systematic rape and sexual slavery which those comfort women suffered
during World War II (Weissbrodt, 2000).
12
The Sub-Commission is a subsidiary body of the Commission on Human Rights in
UN. The mandate of the Sub-Commission includes human rights standard setting as
well as reviewing specific country situations and current human rights issues in all
parts of the world. The role of the Sub-Commission is to initiate action within the
UN human rights system and to aggregate opinions provided by attended NGOs in
human rights issue. See Weissbrodt, 2000, pp.788-9.
166 Chih-Chieh Chou
5. Japanese Response
Denial
When the Korean Council first formed and began to protest in 1990, the
Japanese Government literally denied the fact that military sexual slavery
even existed. Its response to the six demands by Korean Council in April
1991 was that there was no evidence of the forced draft of Korean women,
and hence no public apology, disclosure, nor memorial were forthcoming13.
The Japanese reply pointed out that all claims of compensation between
Japan and South Korea had been settled by the 1965 treaty, and that
“textbooks would continue to reflect Japan’s regret for aggression against
the rest of Asia” (Economist, 1992, p.32). When a number of Koreans filed a
class action suit against the Japanese in December 1991, the international
community began to hear about the comfort women issue (Yy, 1993, pp.41-
5). A major political impact of the lawsuit has been widening the issue into
the universalistic issue of women's human rights. Moreover, the lawsuit has
attracted the attention of the worldwide media about the hitherto hidden
chapter on the role of comfort women in the history of World War II.
Investigation Report
facilities, equipping the facilities, drawing up the regulations for the comfort
stations that set the hours of operation and tariff and stipulated such matters
as precautions for the use of the facilities” (Yoon, 1995, p.6-7). The study
came to the conclusion that, although recruitment in many cases had been
carried out by private operators, the recruiters resorted to “coaxing and
intimidating” these women who were recruited “against their will” (Yoon,
1995, p.8).
15
The Japanese government claimed that the principal objectives of Fund go beyond
the payment of compensation to surviving women victims to include: (1) Raising of
funds from the private sector as a means to enact the Japanese people's “atonement”
for the suffering of former wartime sexual slaves; (2) Supporting projects in the field
of medical care and welfare in support of former comfort women victims from
governmental and other sources; (3) Through the implementation of the Fund's
projects, the Government would express its feelings of remorse and sincere apology
to all former comfort women victims; (4) Collating historical documents on the
comfort women establishment in order to serve as a lesson of history; (5) Support
projects by NGOs in the Asian region and, in countries from which comfort women
victims were drawn, in the field of the elimination of contemporary forms of
violence against women, such as trafficking and prostitution. See (Coomaraswamy,
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Although the government of Japan has expressed its remorse for these events
on a number of occasions, those statements seem devoid of any real
understanding of the effects that these events have had on the women. It
seems that the government refuses to focus on the individual humanity of the
victims. At a minimum, the government should be willing to send
representatives to meet with the women personally, to apologize directly and
to listen to the women's stories of their pain. So far the Japanese government
has done nothing more than make general statements of remorse in specific
diplomatic occasions in order to appease the international community. It has
not chosen to apologize directly and personally to the women. Similarly,
when we look at what has been done to document and publicize these crimes
by the government of Japan, the record of the government is unacceptable.
The government has denied access to relevant information about the issue.
In addition, the government steadfastly refused to interview former members
of the military in order to cover the issue.
1996, pp.23-4).
170 Chih-Chieh Chou
anger being expressed by many of the women should be enough to stop the
government. It cannot be an adequate form of redress if significant numbers
of women refuse to accept any payment from the fund.
UN Commission Report
16
For example, the responsible persons involving in it, how these practices became
systematized, and the tremendous extent to which sexual slavery was practiced.
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17
The Special Rapporteur urges the Government of Japan to take into account and
act upon the following recommendations at the soonest possible time: (a)
Acknowledge that the system of comfort stations set up by the Japanese Imperial
Army during the Second World War was a violation of its obligations under
international law and accept legal responsibility for that violation; (b) Pay
compensation to individual victims of Japanese military sexual slavery according to
principle outlined by the Special Rapporteur of the Sub-Commission on Prevention
of Discrimination and Protection of Minorities on the right to restitution,
compensation and rehabilitation for victims of grave violations of human rights and
fundamental freedoms. A special administrative tribunal for this purpose should be
set up with a limited time-frame since many of the victims are of a very advanced
age; (c) Make a full disclosure of documents and materials in its possession with
regard to comfort stations and other related activities of the Japanese Imperial Army
during World War II; (d) Make a public apology in writing to individual women
who have come forward and can be substantiated as women victims of Japanese
military sexual slavery; (e) Raise awareness of these issues by amending educational
curricula to reflect historical realities; (f) Identify and punish, as far as possible,
perpetrators involved in the recruitment and institutionalization comfort stations
during World War II. See (Coomaraswamy, 1996, p.24-5).
172 Chih-Chieh Chou
18
The main participating NGOs of comfort women are the Korean Council (South
Korea), Taipei Women's Rescue Foundation (Taiwan), Task Force on Filipina
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In the Fifth Asian Solidarity Forum held in Seoul, Korea from the
15th to 17th of April 1998, the participating NGOs came from the
Philippines, Indonesia, Taiwan, Korea and Japan. The participants talked
under the title of “Legal Reparation right now by the Japanese
Government....,” and with respect to Japan's formal apology and state
reparation, they concluded that military sexual slavery by Japan is an
indisputable violation of human rights against women and a war crime by
the state (Rumiko, 1998, p.4). Hence, it cannot be repaired only by monetary
means. They claimed that for past few years, most of the survivors and
comfort women's NGOs have rejected the Asian Women's fund that the
Japanese Government founded to avoid their legal responsibility.
Now that the NGOs in the forum decided on a course of new action
with regards to the other two issues (Joint Resolution, 1998, p.2-3). First,
NGOs urged the Japanese government to recognize their legal responsibility
and to implement the resolution of the UN Commission on Human Rights
and pressure them to recognize their legal responsibility, to apologize
formally, to make up to the victims with a state reparation and to dissolve the
“Asian Women's Fund”. Second, NGOs demanded that the government push
for the disclosure of the true facts and punishment of the responsible
officials.19 Through investigation and disclosure of the materials about the
issue by NGOs, the military comfort system that fell into oblivion for fifty
years became a patent historical fact. Through international lobbying of the
UN commission for human rights, the world now shares the common
perspective that the military sexual slavery by Japan is an abominable war
crime against woman. The Joint Resolution of the Fifth Asian Solidarity
Forum for Comfort Women explicated above has portrayed the future
strategies and tasks of comfort women's NGOs.
be open in 2000; e) form a network to enforce the disclosure of the real facts and the
punishment of the responsible persons.
20
During the two-year organizing process, prosecution/preparatory meetings were
held in Seoul (June 1999), Tokyo (October 1999), Shanghai (April 2000), Manila
(July 2000), and Taipei (September 2000), and a judges’ meeting was held in The
Hague (October 2000). See (Kim, 2001, pp.611-20).
21
They come from South Korea, North Korea, the People’s Republic of China,
Taiwan, the Philippines, the Netherlands, Indonesia, East Timor, and Japan. In the
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the war provided testimonies. The defendant of this case - the Japanese
government did not respond to the Tribunal’s invitation. The four judges
finally declared their historic ruling through their summary of findings and
argued that the Japanese government bears state responsibility (Kim, 2001,
pp.611-20). Although the Japanese government still refused to comment
anything related to the Tribunal, the activity led by NGOs has attracted
attention within Japan and around the international society.
7. Conclusion
The Korean Council and other comfort women NGOs’ efforts have
progressed in resolving the comfort women issue and promoted the
transnational movement on women’s human rights in East Asia. Through
fact-finding missions, demands and demonstrations for reparations,
apologies, and punishment of criminals, activities in the UN and a
transnational solidarity movement, the issue is being revealed and disclosed
gradually. Moreover, Japan is unable to create a close relation and true
reconciliation with other Asian nations, if the issue cannot be resolved. Even
today, although Japan is the economic “hegemon” – the main investor and
the provider of financial aid around the region, many countries still hold a
strong bitterness towards Japan, because of its crimes and responsibilities in
World War II. After the continuing campaigns promoted by comfort
women’s NGOs, it is evident that the Japanese government is feeling
pressure and embarrassment for not having yet admitted to its gross human
rights violations.
trial, prosecution teams from each country, thousands of international audience, and
around three hundred journalists from Japan and abroad were also in attendance. The
tribunal began with the presentations from each prosecution teams. Each
presentation included testimonies by the survivors, the submission of documentary
evidence, and cross-examination by the panel of judges.
176 Chih-Chieh Chou
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