November 2009 Dispatch - Forced Labor Redress in Japan and the United States
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.
Promoting Clean Development Competing Market Mechanisms Post-2012
(Excerpt) According to climate scientists, averting the worst consequences of climate change requires that the increase in global temperature should be limited to 2°C (or 3.6°F). to achieve that objective, global emissions of green house gases (GHGs)—the main human cause of global warming—must be reduced to 50 percent of 1990 levels by 2050.
The key to successful climate change abatement at those scales lies in leveraging the collective actions of developed and developing countries. Cumulatively, developed countries have been responsible for most human emissions of GHGs. that picture will be quite different in the future as emissions from the developing world take over the top mantle. Given this dynamic, there is a general agreement internationally that developed countries will lead emissions reductions efforts and that developing countries will follow with “nationally ap- propriate mitigation actions.” turning that agreement into environmentally beneficial action requires close international coordination between the developed and developing countries in allocating the responsibility for the necessary reductions and following up with credible actions. However, the instruments employed so far to promote the necessary collective action have proved to be insufficient, unscalable, and questionable in terms of environmental benefit and economic efficiency.
Currently, the most important and visible link be- tween developed and developing countries’ efforts on climate change is the Clean development Mechanism (CdM). the CdM uses market mechanisms—the “carbon markets”—to direct funding from developed countries to those projects in developing countries that lead to reductions in emissions of warming gases. In reality, the experience with the CdM has been mixed at best since its inception in 2006. while the CdM has successfully channeled funding to many worthy projects that reduce emissions of warming gasses, it has also spawned myriad projects with little environmental benefits. overall, the CdM has led to a significant overpayment by developed countries for largely dubious emissions reductions in developing countries.
The Boston Review releases Victor and Morse's "Living With Coal"
Living With Coal: Climate Policy's Most Inconvenient Truth
PESD releases new working paper on the real drivers of carbon capture and storage in China and implications for climate policy
The capture and permanent storage of CO2 emissions from coal combustion is now widely viewed as imperative for stabilization of the global climate. Coal is the world’s fastest growing fossil fuel. This trend presents a forceful case for the development and wide dissemination of technologies that can decouple coal consumption from CO2 emissions—the leading candidate technology to do this is carbon capture and storage (CCS).
China simultaneously presents the most challenging and critical test for CCS deployment at scale. While China has begun an handful of marquee CCS demonstration projects, the stark reality to be explored in this paper is that China’s incentives for keeping on the forefront of CCS technology learning do not translate into incentives to massively deploy CCS in power plant applications as CO2 mitigation scenarios would have it. In fact, fundamental and interrelated Chinese interests—in energy security, economic growth and development, and macroeconomic stability—directly argue against large-scale implementation of CCS in China unless such an implementation can be almost entirely supported by outside funding. This paper considers how these core Chinese goals play out in the specific context of the country’s coal and power markets, and uses this analysis to draw conclusions about the path of CCS implementation in China’s energy sector.
Finally, the paper argues that effective climate change policy will require both the vigorous promotion and careful calculation of CCS’s role in Chinese power generation. As the world approaches the end of the Kyoto Protocol in 2012 and crafts a new policy architecture for a global climate deal, international offset policy and potential US offset standards need to create methodologies that directly address CCS funding at scale. The more closely these policies are aligned with China’s own incentives and the unique context of its coal and power markets, the better chance they have of realizing the optimal role for CCS in global climate efforts.
Abebe Gellaw
CDDRL
616 Serra St.
Encina Hall
Stanford, CA 94305-6055
Abebe Gellaw came to Stanford as the 2008-09 John S. Knight Fellow for Professional Journalists and Yahoo International Fellow. He is currently a visiting fellow at the Hoover Institution and visiting scholar at the Centre on Democracy Development and Rule of Law. He is working on a book project, Ethiopia under Meles: Why the transition from military rule to democracy failed.
He holds a bachelor's degree in Political Science and International Relations from the Addis Ababa University ['95] and a post-graduate diploma in law from London Metropolitan University ['03]. He began his career in journalism in 1993 as a freelance writer focusing on human rights and political issues. He worked for various print and online publications including the Ethiopian Herald, the only English daily in the country. Abebe is also a founding editor of Addisvoice.com, a bilingual online journal focusing on Ethiopia and the Horn of Africa.
He has received many awards and bursaries including, an international journalism training bursary at the London-based Reuters Foundation in 1998. He also received a Champions of Change Millennium Award in 2002 and was subsequently awarded lifetime membership of the Millennium Awards Fellowships in the UK. He also received a British Telecom Community Connections Award that same year. In 2007, he was honored by the UK branch of the Coalition for Unity and Democracy for his commendable journalism and advocacy endeavors.
His recent articles appeared in the Far East Economic Review and Global Integrity's The Corruption Notebooks 2008, a collection of essays on corruption and abuse of power written by leading journalists around the word.
Sample publications
- Free market without freedom [Addis Voice]
- Free Birtukan Mideksa [Far East Economic Review]
- A dismal proclamation [Global Integrity]
- A tale of two despots and the great powers [Addis Voice]
Video interviews
Sean Yom
N/A
Sean Yom finished his Ph.D. at the Department of Government at Harvard University in June 2009, with a dissertation entitled "Iron Fists in Silk Gloves: Building Political Regimes in the Middle East." His primary research explores the origins and durability of authoritarian regimes in this region. His work contends that initial social conflicts driven by strategic Western interventions shaped the social coalitions constructed by autocratic incumbents to consolidate power in the mid-twentieth century--early choices that ultimately shaped the institutional carapaces and political fates of these governments. While at CDDRL, he will revise the dissertation in preparation for book publication, with a focus on expanding the theory to cover other post-colonial regions and states. His other research interests encompass contemporary political reforms in the Arab world, the historical architecture of Persian Gulf security, and US democracy promotion in the Middle East. Recent publications include articles in the Journal of Democracy, Middle East Report, Arab Studies Quarterly, and Arab Studies Journal.
Burton Richter in Roll Call: US climate bill needs more support for energy R&D
Will climate change finally wake us from our energy lethargy? Three times in the past 36 years, our nation has suffered from oil shocks and done little to implement lasting policies that could avoid them in the future. We took some small steps in the 1970s and 1990s, but ultimately we failed to close the deal.
Today, we are more dependent than ever on imported oil - two-thirds of our total consumption in 2008 came from other nations compared to one-third in 1973. And today we face the recognized threat of climate change, which will affect the entire world dramatically in the coming decades - unless we and other nations reduce the production of greenhouse gases, primarily carbon dioxide.
For our oil dependence, we took half-measures. Will we do better on climate change? The House version of the climate bill, which passed by a narrow margin, offers some hope, but it misses the mark on several accounts. To satisfy various interests - some legitimate, others selfish - drafters of the legislation compromised away a number of crucial provisions. The big question now: Will the Senate make it better or worse?
The House gives away too many of the emission allowances that are central to cap-and-trade; places too much emphasis on renewables, which are not as ready for the big time as their advocates claim; gives too little emphasis to natural gas and nuclear power, both of which could play a large role in replacing coal; does not fund the necessary long-term research, development and demonstration program that President Barack Obama proposed; and places far too little emphasis on energy efficiency, which is easy to implement and saves money in the long run.
The Senate can do better. It should start by including in the legislation the president's Clean Energy Technology Fund, an investment of $15 billion per year over 10 years to develop affordable, low-emission energy technologies that could be used by the developing world as well as by rich countries. The provision wasn't included in the House bill, and I am one of 34 Nobel Laureates who recently wrote to the president, urging him to try to get Congress to include the fund in a final climate bill.
A stable funding mechanism for basic and applied research, development and demonstration is critical to developing the technologies we will need to greatly cut emissions in a cost-effective manner. The Senate should set aside at least 5 percent of all emission allowances for the Clean Energy Technology Fund, and for purposes of stability of funding, provide support for the full lifetime cost of a competitively selected project at the time the award is made.
Current technologies are a good start, but they are not up to doing the entire job. For example, we have no effective way to store energy from intermittent sources to smooth out the variations of wind and solar output that hugely complicate their use on a large scale.
Another challenge is the use of hydrogen fuel cells to store energy from intermittent sources and use it for transportation. The present cells use so much platinum as a catalyst that the entire yearly world supply of platinum is not enough to supply the fuel cells needed for U.S. auto production, much less the world's.
Our very expensive corn ethanol program is at best a marginal reducer of emissions, and if the effects of land-use changes are included, is positively harmful. There are more advanced biofuels that might actually do some good, but they, too, need more research and a lot more development and demonstration.
Nuclear power, a safe source available 24/7, is being slowed by concern about the lack of a permanent repository for spent nuclear fuel. There is no intermediate-term problem because spent fuel can be stored safely at reactor sites for many years. In the interim, we can do the research and development that might allow us to reduce the volume of waste in a way that is proliferation-resistant.
Energy efficiency is an easy, low-cost way to reduce emissions. There are many ways to improve efficiency in power generation, transportation and buildings that would benefit from the president's fund. Some things don't even need research and development, like an energy audit before the sale of any building that would tell the buyer how to save with simple upgrades that pay for themselves through reduced utility bills. Unfortunately, the House failed to include a provision for the audits, bowing to the National Association of Realtors, which seems to want buyers to know as little as possible.
Tackling climate change is not mission impossible. Deploying today's technologies and supporting the research and development for tomorrow's will put us on the right path toward achieving energy security and mitigating climate change.
Burton Richter is a Nobel Laureate (Physics, 1976), member of the National Academy of Sciences, and a past president of both the American Physical Society and the International Union of Pure and Applied Physics. He is the Paul Pigott professor emeritus at Stanford University and the former director of the Stanford Linear Accelerator Center, one of the Department of Energy's science laboratories.