Petities

Petition #270: War-renouncing Article 9 of the Japanese Constitution.

His Excellency Shinzo ABE
Prime Minister of Japan
The Hague, 9 May 2017
Petition: 270
Subject: War-renouncing Article 9 of the Japanese Constitution.

Excellency,
Japan’s present constitution prevents Japan to engage in an offensive war. Article 9 established Japan’s pacifism as it forever renounces war. Land, sea and air forces, as well as other war potential will never be maintained. Japan was not involved in using military force overseas since 15 August 1945. World War II has been very “costly” for Japan and its opponents, both in lost lives and individual prospects as well as materially. The San Francisco Peace Treaty enabled Japan to recover economically, but left the individual victims with an open wound. On paper Japan apologized and paid tribute to the victims, but materially it failed to “share” its new found wealth with the victims its military made during the occupation of overseas territories. The image of Japan remains shifty and unconcerned with the victims it made in going into World War II. Renouncing article 9 of the Japanese Constitution without repairing the World War II damage makes it clear that Japan has not learned lessons of the past.

Prime Minister,
In this context it is remarkable that a parliamentary group of legislators are working together to establish a system to compensate civilian bombing survivors of World War II air raids on Japan. They submitted a multipartisan bill on April 27. The proposal is not limited to Japanese citizens as it is regardless nationality. It thus includes the Dutch Civilians who were transported as slaves to Japan to work there. The legislators are concerned with the survivors of the war which the constitution renounces forever. You should enhance this initiative to include our surviving members also.

Prime Minister,
We are awaiting your reply.

On behalf of the Foundation of Japanese Honorary Debts.

J.F. van Wagtendonk
President

Petition #269: Why are the Dutch from Dutch East Indies yearning for a solution?

His Excellency Shinzo ABE
Prime Minister of Japan

The Hague, 11 April 2017
Petition: 269
Subject: Why are the Dutch from Dutch East Indies yearning for a solution?

Excellency,
It is more than 70 years ago that Japan capitulated and was occupied by the Allied Forces. Japan had its San Francisco Peace Treaty, in 1952 rectified by the then members of the United Nations. The Peace Treaty ignored, contrary to the Third Geneva Convention of 1949, the sufferings and losses of the individual victims. The Yoshida-Stikker protocol of 1956 was a shameful document showing hardly any respect to the victims and failed to give any solace to the Dutch victims of Japanese military terror. It took 5 years to conclude, as its completion was subjected to the paroling of convicted Japanese war criminals. Since then successive Japanese governments stalled the discussion on acknowledging its obligations to the Dutch victims of the Japanese military occupation. The cynical conclusion is that Japan will continue to ignore its responsibilities until all Dutch, who were in concentration camps or outside those camps on racial grounds, will be dead. Those still alive, most of them in their eighties or beyond, yearn for a solution whereby Japan acknowledges its military past and accepts the consequences of that acknowledgement.

Prime Minister,
Those victims still alive feel and remember more than ever and cannot forget their sufferings. They won’t talk about it in the hope that time heals. But their memory is vivid and horrendous. They read the papers and follow Japan’s predicament now in asking the United States of America for protection against possible actions from North Korea. Proposing, in a bilateral economic dialogue with the US, to exclude agriculture and automotive from the agenda. A typical Japanese attitude to delete or exclude what is contentious. A similar approach was followed in acknowledging war crimes in the Peace Treaty. At the same time nullifying the consequences that Japan could not pay the claims of the individual victims of those war crimes. This attitude needs to be adjusted. Japan has a PR issue: lacking to recognize the effects of its military past. It shamefully ignores its responsibilities for the sufferings it continues to cause.

Prime Minister,
There are enough problems in the world. Japan would gain much needed goodwill in suggesting a solution. We are awaiting your solution! The surviving victims yearn for a respectful solution.

On behalf of the Foundation of Japanese Honorary Debts.

J.F. van Wagtendonk
President
NB When can we expect an official receipt of our petitions?

Petition #268: If you are not part of the solution then you are part of the problem.

His Excellency Shinzo ABE
Prime Minister of Japan
The Hague, 14 March 2017
Petition: 268
Subject: If you are not part of the solution then you are part of the problem.

Excellency,
Positive thinking is an effective way to resolve the past. In particular if that past is so murky as Japan’s Second World War past. Japan is not the victim; it is the aggressor who caused so much harm and lasting damage. For Japan’s future as an acceptable democratic nation it is essential to acknowledge Japan’s war past and come to terms with the surviving victims of Japan’s war crimes. It is not a matter between the Dutch government and the Japanese government. It is a matter of willing to resolve the problems with the Dutch victims of Japan’s war crimes. It takes considerable courage to accept responsibility in accordance with international law. That is not what you want and what you presume that the Japanese electorate wants either. But it is what the world wants Japan to accept: responsibility and respect for the damage done to the individual Dutch victims. The people of Japan must be part of the solution as well as the surviving Dutch victims.

Prime Minister,
The increasing pressure on the Japanese media to not report the full truth about the Japanese military war crimes during the occupation of Dutch Indies is a crime in its own right. The media do not dare to publish that truth fearing the displeasure of the present Japanese government. It is therefore understandable that the Japanese people born after the war do not know what happened during World War Two in Asia. In a true democracy the independence and the freedom to report the truth is essential in maintaining that democracy. The present Japanese government is not part of the solution of informing the Japanese people the truth about the Japanese military misconduct. It is part of the problem in solving the problem.
The vice president of the Dutch High Council of State Mr. Donner put it recently, in remembering the sea battle in the Sea of Java, as follows: “Those who forget the past are bound to repeat that past in the future.” It obligates governments and NGO’s to seek a solution for the Japanese misconduct of the past thus preventing it to happen again in the future.

Prime Minister,
We are awaiting your solution! We are, on behalf of the Dutch victims ready, with ours.
Why not start with an official receipt of our petitions.

On behalf of the Foundation of Japanese Honorary Debts.

J.F. van Wagtendonk
President

Petition #267: Your summit with the President of the United States of America February 10, 2017.

His Excellency Shinzo ABE
Prime Minister of Japan
The Hague, 14 February 2017
Petition: 267
Subject: Your summit with the President of the United States of America February 10, 2017.

Excellency,
According to the international press you had a fruitful and friendly summit with the President of the United States of America Mr. Donald J. Trump on February 10, 2017. Global economy and security took an important part of the discussions, in particular North Korea and the threat of its nuclear capabilities. I presume that you discussed Japan’s World War II legacy and in this context Japan’s relationship with the Republic of China. Despite the economic and security topics of today I hope that you had the courage to review Japan’s commitment to peace and human rights past and present. At last the Joint Statement of February 10, 2017 mentions: “President Donald J. Trump and Prime Minister Shinzo Abe underscore the importance of maintaining international order based upon the rule of law”. In order to be effective this must surely include the acceptance of jurisdiction by the United Nations on international legal matters.

Prime Minister,
As mentioned previously, the United Nations has recognized that war crimes and crimes against humanity are the gravest crimes in international law. Thus adopting the 3rd Geneva Convention of 1949. The Convention is clear in two very important principles: violations of human rights have no statute of limitations and individual human rights cannot be absolved as a matter of international law by high contracting party of any liability incurred by itself or the other high contracting party. As such Japan continues to violate human rights. Japan should voluntarily try to absolve this violation with the Foundation of Japanese Honorary Debts, representing individual Dutch victims of Japanese war crimes during the occupation of Dutch East Indies, now Indonesia. We are looking forward to your initiative.

Prime Minister,
We are still awaiting an official receipt of our petitions.

On behalf of the Foundation of Japanese Honorary Debts.

J.F. van Wagtendonk
President

Petition #266: A respectful and appropriate interpretation of the meaning of “everlasting condolences”.

His Excellency Shinzo ABE
Prime Minister of Japan
The Hague, 10 January 2017
Petition: 266
Subject: A respectful and appropriate interpretation of the meaning of “everlasting condolences”.

Excellency,
The Foundation of Japanese Honorary Debts wishes you and the people of Japan a save and fruitful New Year. A year in which we will have the opportunity to present to you in person a resolve based on understanding and mutual respect for history.

Prime Minister,
On 27th December 2016 you and President Obama paid a memorable visit to the USS Arizona Memorial in Pearl Harbour. As Prime Minister you offered:
“Sincere and everlasting condolences to the souls who lost their lives here, as well as to the spirits of all the brave men and women whose lives were taken by a war that commenced in this very place.”
What do you mean with “everlasting condolences”? The brutal and inhumane conduct by the Japanse military in the occupied territories and at home in Japan cannot be forgotten with “everlasting condolences”. It would require a more sincere acknowledgement of the war crimes. In fact it is an insult to those who died and those, some still alive, who suffered in concentration camps or were terrorized outside the camps. The sincerity of your condolences must be questioned as the Japanese defense minister, the day following your offer, paid tribute at the Yasukuni shrine honoring among others convicted war criminals!

Prime Minister,
In our previous petition we mentioned that here is no statute of limitations for war crimes and crimes against humanity. There is no limitation either in an acknowledgement of what took place during World War II neither to properly tell the people of Japan. The Japanese government cannot continue to insist that it never happened and try to erase the facts from history books and public memory. A statement of regret or a peace exchange program cannot satisfy those who suffered. We hope that in this New Year you and your government have the courage and determination to resolve the unfinished ends of World War II with the Dutch government.

Prime Minister,
We are still awaiting receipt of our petitions.

On behalf of the Foundation of Japanese Honorary Debts.

J.F. van Wagtendonk
President

Petition #265: Amendments/revisions to US-led Constitution and Peace Treaty.

His Excellency Shinzo ABE
Prime Minister of Japan

The Hague, 13 December 2016
Petition: 265
Subject: Amendments/revisions to US-led Constitution and Peace Treaty.

Excellency,
The Constitution of Japan was drafted during the US-led occupation of Japan after World War II. In the parliamentary panel to propose revisions to the Constitution it was stated, that: “It is difficult to say that the charter sufficiently reflects the free public will.” Neither was the free public will of the people of Japan reflected in the 1951 San Francisco Peace Treaty.

Prime Minister,
In the Peace Treaty Japan admitted responsibility for the atrocities freely practiced committed by the Imperial Army and the Kempetai. In article 11 of the Peace Treaty Japan agreed with the findings of the International Military Tribunal, which included the findings of the Dutch Military Tribunal of Batavia and thus the Semarang Comfort Women case!
In agreeing to the San Francisco Peace Treaty Japan was and still is in breach of the 3rd Geneva Convention of 1949 on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity including World War II. Article 131 of the Convention provides that “no High Contracting Party can absolve itself in respect to breaches referred to in article 130.” The breaches include: “willful killing, torture or inhumane treatment, including biological experiments, willfully causing great sufferings or serious injury to body and health.”

Prime Minister,
There is no statute of limitations for war crimes and crimes against humanity. In other words Japan admitted its responsibility for the war crimes in the Peace Treaty, but failed to recognize and acknowledge the consequences of the Third Geneva Convention of 1949! The 1956 Stikker-Yoshida protocol did not address Japan’s obligations under the Convention. This protocol was subjected to the number of convicted war criminals paroled, ignoring the 3rd Geneva Convention.

Prime Minister,
Japan in agreeing to the 1951 San Francisco Peace Treaty violated the 1949 Third Geneva Convention. Does the San Francisco Peace Treaty sufficiently reflect the free public will? It is high time for Japan to acknowledge its obligations to the victims of the Japanese World War II war crimes.

We are still awaiting receipt of our petitions.

On behalf of the Foundation of Japanese Honorary Debts.
J.F. van Wagtendonk
President

Petition #264: Integrity of the UNESCO.

His Excellency Shinzo ABE
Prime Minister of Japan

The Hague, 8 November 2016
Petition: 264
Subject: Integrity of the UNESCO.

Excellency,
We are disgusted that Japan criticizes the UNESCO for lacking transparency. It demonstrates Japan’s total disrespect for the careful reviews UNESCO makes before admitting historically based documents to the World Register. That these facts are politically unwelcome for Japan does not mean that they should not be submitted. Apparently Japan’s political view must prevail. In accordance with this view historic documents which substantiate and show without any doubt the war-crimes committed by the Japanese military during World War II must be at all costs removed. Thus Japan withholds its annual contribution to UNESCO. In doing so Japan shows its true colors and disrespect for the UN. For the UNESCO is the withholding of contributions by Japan a serious operational matter; for the United Nations it is a signal that Japan ignores the rules and customs of the United Nations and that Japan cannot be trusted.

Prime Minister,
The Foundation of Japanese Honorary Debts has first-hand experience in submitting documents to be enlisted on the UNESCO Memory of the World Register. In preparing for this Register we collected, together with Dutch institutions, original documents which were carefully screened on authenticity and relevance of the content. In this process we are impressed by the integrity, transparency and objectively of UNESCO in assessing the lasting historical value of the documents submitted. We are glad that the Dutch government pays its annual contribution to UNESCO.

Prime Minister,
The UNESCO documents about the 1937 Nanking Massacre make it very clear that the Japanse military conducted war crimes at a large scale. In my previous petition: I pointed out that during the occupation of Dutch East Indies the Japanese military conducted war crimes which cannot be limited by a peace treaty. In accordance of the The Hague convention of 1907 Japan is liable and responsible for all acts committed by its armed forces.

Prime Minister,
We are still awaiting receipt of our petitions.

On behalf of the Foundation of Japanese Honorary Debts.

J.F. van Wagtendonk
President

 

Petition #263: Oral statement at the 33rd Session of the Human Rights Council, Geneva.

His Excellency Shinzo ABE
Prime Minister of Japan
The Hague, 11 October 2016
Petition: 263
Subject: Oral statement at the 33rd Session of the Human Rights Council, Geneva.
Excellency,
At the opening of the 33rd Session of the UN Human Rights Council in Geneva on 13 September 2016 the United Nations High Commissioner for Human Rights his Excellency Zeid Raʹad Al Hussein made it very clear that the Human Rights Council is focused on the rights and voices of victims. The Council’s clear and universal mandate to address human rights is not conditional on the approval of specific governments. It will always continue to seek the truth and stand up for the rights of all people.
In this context Mrs. Brigitte van Halder, Board member of the Foundation of Japanese Honorary Debts, presented, during the 33rd Session, in Geneva on 16 September 2016 the attached Oral statement on behalf of all victims of Japanese military terror in South East Asia during the Pacific war.

Prime Minister,
As you know the Foundation of Japanese Honorary Debts keeps a register of some 100,000 Dutch nationals from Dutch East Indies who all suffered from the systematic brutality of the Japanese military during the occupation of Dutch East Indies. Under the definitions of the United Nations the Japanese conduct qualifies as war crimes which cannot be limited and ignored by a peace treaty. Hence the request that Japan acknowledges without any reservations the past behaviour of the Japanese military and that Japan comes to lasting terms with and meets the requests of the NGO’s representing the victims. A solatium for these victims is long overdue. On the sidelines of the recent UN General Assembly you pledged substantial sums of money for present day victims. It must be an honor for you to include in this pledge past victims too.

Prime Minister,
We are still awaiting receipt of our petitions. The insults continue!

On behalf of the Foundation of Japanese Honorary Debts.
J.F. van Wagtendonk
President
Attachment: Oral statement at the 33rd Session of the Human Rights Council, Geneva.

 

Attachment:

Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Mr. President,

The Foundation of Japanese Honorary Debts acts on behalf of former Dutch Prisoners of War and civilian internees who suffered during the Japanese occupation of South East Asia during WW ll.
Families were split up; they were treated harshly in separate camps for men and for women and children. Boys over 10 years of age were separated from their mothers. Those who, on racial grounds, were left outside of the camps were discriminated. All were submitted to forced labour, sexual slavery and other atrocities by the Japanese military.

Japan has a moral obligation to acknowledge the plight of war victims they caused during the Pacific War.

Nations who wage war cannot be exempted from impunity if their military commits war crimes. During wartime the UN conventions, and earlier the League of Nations conventions, protect civilians and POW’s in occupied territories.

Japan as a member of the UN ignores its responsibilities by denying the consequences of martial law. Victims suffered from systematic military terror. Many died of deliberately enforced starvation, lack of medicines and even of executions, ignoring the laws of war.
The Japanese military disregarded Human Rights on a large scale.

In accordance with UN conventions the crimes of the Japanese military qualify as war crimes, therefore are not limited by the 1951 San Francisco Peace treaty. The government of Japan continues to express the view that the war crimes issue has been resolved by the Peace Treaty.

Japan must acknowledge its responsibility for the war crimes of its military during the Pacific war. The Human Rights Council cannot ignore Japan’s past and present conduct ignoring UN conventions.

On behalf of all victims of Japanese military terror in South East Asia during the Pacific war we request the Human Rights Council to insist that the Japanese government acknowledges the past behaviour of the Japanese military without any reservations, and that Japan comes to lasting terms with UN approved NGO’s representing the victims.

Thank you for your attention and we look forward to your actions.

 

Petitie #262: Move forward but don’t forget the past.

His Excellency Shinzo ABE
Prime Minister of Japan

The Hague, 13 September 2016
Petition: 262
Subject: Move forward but don’t forget the past.

Excellency,
During the last 70 years Japan recovered successfully from the Pacific War, but failed to pay attention to the sufferings of the individual war victims. Nowadays Japan suffers from the prevailing global economic conditions in addition to the ill feelings of the war victims condemning this failure.
At the closing of the Olympic Games in Rio de Janeiro you appeared as Super Mario. It was a great publicity stunt in promoting the 2020 Tokyo Olympic Games and your country. By bringing the Olympic Solidarity home you have the opportunity to extend the Olympic Solidarity to the Pacific War victims and their dependents too. In preparing for the Tokyo Olympic Games Japan must redress its military past. For you and your government a difficult task, but essential in improving Japan’s image and maintaining your export economy in the future.

Prime Minister,
During the same 70 years period Japan benefitted economically from the military and political protection by the United States of America and under the 1951 San Francisco Treaty. During this period Japan hardly considered its responsibility for the war victims it made during the Pacific War. The victims lost their lives or were molested by means of the unpunished and institutionalized war crimes by the Imperial Army. The 1951 San Francisco Peace Treaty did not terminate Japan’s responsibility for this. The Japanese legal point of view that the Peace Treaty indemnifies Japan defies the conventions of the United Nations. The individual victims and their dependents view Japan as a belligerent nation who remains liable for the war crimes of the Imperial Army during the Pacific War.

Prime Minister,
Do not forget the past while moving forward to a sustainable and honorable future. You as the prime leader of Japan, presenting yourself as Super Mario of the Tokyo Olympic Games, must take the initiative to include the Olympic Solidarity in considering the plight of the war victims of the past!

Prime Minister,
In our petitions we try to find a common ground in resolving our disagreement in dealing with the past. We consider it an insult that we do not receive your acknowledgement of receipt of our petitions nor any initiative in bridging the gap of the disagreement. Please exercise your position and open a genuine dialogue.

On behalf of the Foundation of Japanese Honorary Debts.
J.F. van Wagtendonk
President

 

 

Petition #261: We Remember.

His Excellency Shinzo ABE
Prime Minister of Japan

The Hague, 9 August 2016
Petition: 261
Subject: We Remember.

Excellency,
In World War Two Japan wasted Japanese Blood and Treasure. The damage done to the victims of the occupied territories by Japan however were a multiple of that waste. Present Japanese politicians and the Japanese people they represent hardly know the facts and the damage done in their heredity. The damage is not only material. It continues to have an immaterial effect on the global perception of Japan’s moral responsibility. Next Monday the surviving Dutch from Dutch East Indies remember the Japanese occupation. They were an integrated part of the community which the Dutch built together with the local people. It was a prosperous country recovering from the Great Depressing. The Japanese occupation destroyed the recovery and destroyed the future of the Dutch kept in concentration camps or ostracized outside camps on discriminatory grounds. On the 15th of August we do not celebrate Japan’s capitulation but we remember our lost ones and the pain we had to endure under the terror of the Japanese military. Japan’s surrender was for us not liberation but a continuation of terror with the ultimate result that we had to take refuge and lost everything.

Prime Minister,
In my previous petition I mentioned that the Japanese government is ignoring the elderly, often victims of war, and the young people who want to survive in the changing world. You announced a new economic stimulus package to kick start Japan’s future economy. In this package you must look after them and include an educational plan which objectively addresses Japan’s recent military history during World War Two. It must include Japan’s acknowledgement of its moral duty to war victims both at home and in the occupied territories too. As mentioned previously: “The dissatisfaction with political responses to economic and social problems seems to be spreading.” This dissatisfaction requires action from present politicians to rectify their failure to recognize the urgent needs of their voters and to acknowledge that past views are nowadays unacceptable as they continue to haunt Japan’s reliability in the world.

Prime Minister,
In my previous petition I suggested: “Be honest and act with dignity and genuine honor towards all war victims.” I hope for the Japanese people and the world that in your new economic stimulus package you take the suggestion at heart.

We are still looking forward to your acknowledgement of receipt of our petitions.

On behalf of the Foundation of Japanese Honorary Debts.

J.F. van Wagtendonk
President