Last month, on October 23, the Nishimatsu Construction Company reached an agreement in the Tokyo Summary Court to set up a trust fund for Chinese who had been forced into labor in Japan during World War II. According to the Asahi Shimbun, the trust fund—worth ¥250 million—will compensate 360 Chinese citizens who were compelled to work at a hydroelectric power plant in Hiroshima Prefecture. Under the terms of the summary settlement, Nishimatsu acknowledged that these Chinese workers were forcibly brought to Japan and apologized for their suffering.This outcome was both overdue and unexpected, particularly since Japan's Supreme Court in 2007 rejected the original lawsuit that five Chinese plaintiffs brought against the construction company in 1998.  Nishimatsu officials maintain that they want to set a new precedent for "social responsibility" in the wake of the corporation's recent scandal involving political donations.  The timing of Nishimatsu's decision coincides with the rise of the new Hatoyama administration, which has promised to improve Japan's relations with China and other Asian neighbors.

Former forced laborers and their bereaved families have pursued litigation against the Japanese government and the corporations that employed them, not only in Japan but also in the United States. The Hayden Bill, which passed the California State Senate in July 1999, opened the door for Chinese and Korean victims to sue Japanese corporations and demand compensation for their hard labor in inhumane working conditions. Although the U.S. Supreme Court thus far has rejected such cases, the unresolved issue of Asian forced labor redress has now been introduced into the U.S. legal system, indicating that the United States has become involved in Japan’s historical disputes.

In fact, the United States was intimately involved in the issue of Asian forced laborers during the Allied Occupation of Japan between 1945 and 1952. U.S. Occupation forces initially attempted to retain Korean coal miners until Japanese repatriates replaced them, but riots in Hokkaido and elsewhere forced authorities to abandon this policy in November 1945. Responding to strong Korean demands, in May 1946 a military government team in Hokkaido gathered over ¥3 million worth of wages, bonuses, and death benefits owed to Korean miners. This amount was but a small fraction of the more than ¥215 million that corporations throughout Japan deposited into an account at the Bank of Japan by 1948. Occupation authorities made several unsuccessful attempts to persuade unwilling Japanese officials to pay back the financial assets owed to Koreans, while U.S. policy gradually changed to oppose reparations demands against Japan. Article 14(b) of the American-drafted San Francisco Peace Treaty signed in September 1951 waived all reparations claims, and the unpaid wage deposits of forced laborers remained a well-kept secret of the Japanese government.

When former forced laborers from South Korea and China began appearing in Japanese courts in the 1990s, their lawsuits helped to clarify the historical record of wartime abuse and postwar cover-up. Lawyers, journalists, and researchers supporting the redress movement dug up hidden official documents, such as the voluminous reports by the Foreign Ministry on Chinese forced labor and by the Welfare Ministry on the unpaid financial deposits of Korean laborers, both compiled in 1946. Although the Japanese government refuses to make such ministry reports public, the Tokyo High Court in 2005 confirmed that the state continues to hold the ¥215 million deposits, which have never been disbursed. While Japanese records remain largely closed, declassified American records can help to answer important questions, including how closely the United States was involved in the process of postwar Japan’s forgetting and neglecting Asian victims of forced labor.

An Asahi Shimbun editorial on October 24, 2009 admonished the Japanese state to take action in the wake of Nishimatsu settlement, since other corporations facing litigation have vowed not to pay reparations unless the government becomes involved. The new Hatoyama administration should first make an unambiguous apology, the editorial contends, then propose a new framework whereby the government and corporations can establish a joint trust fund to compensate former forced laborers and bereaved families. The United States can support this reconciliation process by revisiting the unresolved issue of forced labor—which also included Allied POWs—and reinterpreting the San Francisco Peace Treaty to enable these victims to file legal claims in American and international courts. Proactive U.S. involvement at the government level should also be matched by an enhanced effort toward nongovernmental cooperation between researchers in the United States and Northeast Asia. Shorenstein APARC has been contributing to this effort through its Divided Memories and Reconciliation research project, now in its third year. The Center will also host a colloquium series titled “The American Role in Northeast Asian Reconciliation” during the 2010 winter quarter.

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Shorenstein APARC Dispatches are regular bulletins designed exclusively for our friends and supporters. Written by center faculty and scholars, Shorenstein APARC Dispatches deliver timely, succinct analysis on current events and trends in Asia, often discussing their potential implications for business.

Eileen Chamberlain Donahoe is to be nominated U.S. Ambassador to the United Nations Human Rights Council, the White House announced Nov. 9

Eileen Chamberlain Donahoe, an affiliated scholar at the Center for International Security and Cooperation (CISAC), is expected to be nominated as U.S. ambassador to the United Nations Human Rights Council, the White House reported Nov. 9.

Donahoe must appear in a hearing before a Senate subcommittee before the Senate votes on the nomination, a process that could take several weeks. If confirmed, Donahoe would be responsible for advancing U.S. policies on the council to ensure protection of universally agreed human rights standards.

"I'm really pleased that President Obama has chosen Eileen Donahoe to be the ambassador to the Human Rights Council in Geneva," CISAC Co-Director Scott Sagan said. "Her scholarly research and work has focused on the ethical and legal dilemmas involving the political uses of military force in human intervention. I can't think of anyone more qualified to help reinvigorate the Human Rights Council to meet the challenges it must face today."

Donahoe, 50, was a CISAC visiting scholar in 2006-07 after earning a doctorate in ethics from the University of California's Graduate Theological Union. Her dissertation, "Humanitarian Military Intervention: The Moral Imperative Versus the Rule of Law," addressed the sometimes conflicting ethical and legal justifications for humanitarian military intervention, as well as the basis for authorization of the use of force by the UN Security Council. Her research has also focused on U.N. reform and the international rule of law.

Donahoe has worked with various human rights organizations, including The Lawyer's Committee for Human Rights, where she did research on the connection between U.S. foreign policy and human rights, and Amnesty International's Ginetta Sagan Fund, where she did strategy work related to human rights concerns of women and children.

Donahoe, a resident of Portola Valley, chaired the National Women for Obama Finance Committee during Barack Obama's presidential campaign.

Previously, Donahoe was a litigation associate at Fenwick & West in Palo Alto, where she served technology clients in intellectual property and commercial disputes. Prior to that, she was a teaching fellow at Stanford Law School and a law clerk to the Hon. William H. Orrick in San Francisco.

In addition to her doctorate, Donahoe earned a bachelor's degree from Dartmouth College, a master's in theology from Harvard, and both a law degree and master's in East Asian Studies from Stanford University.

Which facets of Cold War history do you find most compelling?

JS: A great deal of work has been done on the origins of the Cold War, but I am more interested in two other questions: Why did it last so long? and Why did it end when (and how) it did? The Cold War could have ended (along with a great deal else) if there had been a military conflict between the superpowers. And while there were some close calls, this did not happen. Instead, there were a number of proxy wars that created a great deal of damage in their immediate environments, but did not lead to a U.S.-Soviet war. Why not? In large measure, I think, because both sides created and sustained a stable order in Europe, the one part of the world where their land armies faced one another.

The Cold War ended, and ended peacefully, when Gorbachev decided to allow this European order to collapse. He based this decision on an extraordinary miscalculation: that the Soviet regime could survive in a new Europe, taking advantage of Western Europe's economic resources and dynamism without abandoning the Communist Party's leading role in the state. By the time it was clear that would not happen, it was too late to go back. The Cold War ended the way most wars end, with the defeat of one side, a largely peaceful defeat to be sure, but a defeat nonetheless.

AE: I am fascinated by those cases in which people living under totalitarian regimes in Eastern Europe stood up against their oppressors, often knowing that their own political actions were bound to fail. The cases of the 1953 uprising in the GDR, the 1956 Hungarian Revolution and the 1968 Prague Spring will always inspire us and force us to acknowledge that even in situations that seem to exclude human agency, individuals and groups can exercise their ability to act and their wish to live freely.

Why is it valuable to examine how both the rise and fall of the Wall impacted culture in Germany and even throughout Europe?

JS: Obviously the Wall shaped East German culture and, to some extent, continues to do so. I am less convinced that the Wall was of central importance for the West. Many West Germans tended to forget about the East, the possibilities of unification seemed remote, the attractions of Western Europe much more compelling. A major impact of the Wall's fall on both Germanies was to reveal how far they had grown apart.Many West Germans tended to forget about the East, the possibilities of unification seemed remote, the attractions of Western Europe much more compelling. A major impact of the Wall's fall on both Germanies was to reveal how far they had grown apart.

AE: It’s valuable because the building of the Wall was not only the result of the communist regime’s will to stop the flight of its own people to the West but also the result of the West’s inability to effectively counter what is now universally acknowledged as an unbearable crime. The Wall is a lesson in the history of tyranny but also in the inability to face up to tyrants. The mistakes of those who allowed the Wall to be built may be repeated in the future. Learning what happened before, during and after the building of the Wall in 1961 may help us avoid the emergence of similar repressive artifacts in the future.

The fall of the Wall, on the other hand, gives us many lessons regarding the ability of political actors – on both sides of the East-West divide – to overcome, by way of decisive actions, decades-long tyranny.

How do you approach such a far-reaching era of history in a research project?

JS: It is important to see the end of the Cold War in the light of long-range trends, especially changes in global economic institutions. At the same time, we should try to understand the human impact of these events. In her recent book on 1989, Mary Elise Sarotte describes how East Germans fleeing to the West in the fall of 1989 threw away their Eastern currencies as they reached the border. It seems to me that this episode captures the intersection of deep structural transformations and immediate human experience. Money, including the physical appearance of East German coins, the "welcome money" given to East German arrivals in the West, and of course, the 1-1 exchange of East for West Marks, had an extraordinary symbolic and practical significance for this story.

AE: I study the ways in which literature and the arts reflect on the past. In the case of postwar German literature, the past consists of the two totalitarian regimes that dominated Germany in the twentieth century: Nazism and Communism. It is to a significant extent by way of revisiting the past, I believe, that cultures and socio-political institutions evolve. In telling and retelling what occurred in Europe during the twentieth century, postwar German literature (one of my main subjects of interest) made a substantial contribution to the creation of the modern, progressive Germany we know today.

Could you describe examples of how the Wall, and what it represented, influenced German cultural and aesthetic works created during its existence?

JS: East Germany had a vibrant literary culture and produced a great many novels that reflect the experience of the Wall. I especially admire Christa Wolf's Divided Heaven. Her career illustrates both the accomplishments and the limitations of culture in a society like the GDR. Since 1989, there has been a great deal of work reflecting on the meaning of the Wall. I just read Uwe Tellkamp's novel, Der Turm, which is set in and around Dresden in the late 1980s. It is a remarkable book in many ways, a sprawling family saga as well as a sharp political portrait of the regime's last days.

AE: The Wall played a crucial role in the writing of such significant writers as Christa Wolf (of the former GDR) and Peter Schneider (of the Federal Republic of Germany). In novels such as Divided Heaven (1963), Wolf gave us a lasting image of life in the shadow of the Wall. In The Wall Jumper, Schneider made the absurdity of an edifice such as the Wall painfully tangible. Yet, a novel like Ian McEwan’s The Innocent makes it clear that the Wall and the division of Germany also left a significant mark on European literature as such. In recent years, films like "The Lives of Others" began exploring the meaning of the East-West divide and the lasting impact of European totalitarian regimes on the lives of individuals and societies.

During the course of your work what kind of evidence have you encountered that illustrates how the Wall impacted the legacy of European Jews?

JS: East and West Germany dealt with the legacy of Nazism--and the meaning of the Holocaust--in quite different ways. East and West Germany dealt with the legacy of Nazism--and the meaning of the Holocaust--in quite different ways. In the GDR, Nazism was seen as a particularly toxic form of fascism, that is, an expression of capitalism's structural crisis. From this perspective, the racial dimensions of Nazism did not seem central: there was, for instance, very little about the Holocaust in the exhibitions on Nazism in the old East German museum of German History. Like the museum itself, this view of Nazism is now largely gone.

AE: The Jewish community of both the GDR and the Federal Republic was rather small when the Wall was built. While the Federal Republic accepted early on the German responsibility for Nazism, the GDR regarded itself as representing the legacy of the ‘better Germany’ that is of the German left. This has been as many scholars have since claimed, the foundational myth of the GDR. In the decades following the building of the Wall, the issue for German-Jewish relations was less the East-West divide and more finding ways to commemorate the dead of the Holocaust, acknowledging the crimes of the Nazis and developing a German-Jewish dialogue based on mutual respect and different memories. However, one of the most significant contemporary German-Jewish authors is Barbara Honigmann, who in her writing also reflects on what it meant for her and others like her to grow up and come to age as a Jew in the GDR.

From the perspective of your research, what do you feel are the most lasting implications of the Berlin Wall today?

JS: In the euphoric days after the fall of the Wall, many people underestimated the material and spiritual difficulties of unification. It is not surprising that, after 40 years apart, the two Germanies have only slowly grown together. Like parts of the American south after the Civil War, parts of the old GDR have a nostalgic view of the "good old days" before 1989. This has an impact on German culture, especially in Berlin. A more lasting implication is the Left Party, a somewhat improbable alliance of Western German leftwing Social Democrats and the former East German Party of Democratic Socialism.

AE: The Wall will always remain a symbol of tyranny. It will also continue to remind us what fantasies about a ‘perfect’ human society such as those that guided the Soviet Union and the GDR may end up producing: endless human misery and the creation of enclosed, repressive political systems.

Do you believe there’s still more to learn from this transformative period of history?

JS: Historians always believe there is more to learn. In the case of 1989, I think one lesson is how often history surprises us. No one expected the Wall to fall so suddenly and so peacefully, just as no one expected the Soviet Union to collapse with such speed. Nor has the post-Cold War world turned out quite the way many people expected.

AE: Absolutely. The learning about the nature and the challenges of totalitarian thought and totalitarian regimes has just begun. Contemporary totalitarian regimes across the globe such as Iran, Syria, Myanmar or North Korea make the study of the Wall and how we—those living in open societies may react to them—crucial for the freedom of millions who suffer by those regimes. The study of the Wall and of such regimes may also prove crucial for our survival given the fact that these regimes strive to acquire deadly military capacities.