*EPF408 11/02/00
Excerpt: Senators Urge Discussion on Japan's WWII Slave Labor
(U.S. should foster talks on claims against Japanese firms) (1350)
The United States should do what it can to "facilitate the settlement of claims of former members of the Armed Forces against Japanese companies that profited from the slave labor that those personnel were forced to perform for those companies as POWs of Japan during World War II," according to a Senate resolution approved October 31.
Senate Concurrent Resolution 158 is now before the House of Representatives.
Senator Orrin Hatch (Republican of Utah) spoke out for the resolution, stressing what he termed "simple fairness" for those captured U.S. servicemen who were used as slave labor by private Japanese firms in World War II.
"In light of the moral imperative and interests of simple fairness, we must ask ourselves why shouldn't the United States facilitate a dialog between the parties?," asked the Utah Republican.
"I think we owe this much to these brave veterans and their families. I believe a good faith dialog is the first step towards a just resolution that accommodates the various moral, legal, national security, and foreign policy interests which are at play," Hatch said.
Following is an excerpt from the October 31 Congressional Record:
(begin excerpt)
EXPRESSING THE SENSE OF CONGRESS REGARDING
ACTIONS OF THE UNITED STATES GOVERNMENT
REGARDING CLAIMS OF FORMER MEMBERS OF THE ARMED FORCES
AGAINST JAPANESE COMPANIES
(Senate - October 31, 2000)
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Con. Res. 158 submitted by Senator Hatch.
The PRESIDING OFFICER. The clerk will state the resolution by title.
The legislative clerk read as follows:
A concurrent resolution (S. Con. Res. 158) expressing the sense of Congress regarding appropriate actions of the U.S. Government to facilitate the settlement of claims of former members of the Armed Forces against Japanese companies that profited from the slave labor that those personnel were forced to perform for those companies as POWs of Japan during World War II.
There being no objection, the Senate proceeded to consider the concurrent resolution.
Mr. HATCH. I rise today with my cosponsors, Senators Feinstein and Bingaman, in support of a sense of the Senate resolution to encourage the U.S. Government, through the State Department or other appropriate offices, to use its best efforts to open a dialog between former American POW's forced into slave labor in Japan and the private Japanese companies that profited from their labor. This is a very important issue to our veterans and I think they deserve our help.
On April 9, 1942, Allied forces in the Philippines surrendered Bataan to the Japanese. Ten to twelve thousand American soldiers were forced to march some 60 miles in broiling heat in a deadly trek known as the Bataan Death March. Following a lengthy internment under horrific conditions, thousands of POW's were shipped to Japan in the holds of freighters known as `Hell Ships.' Once in Japan, many of these POW's were forced into slave labor for private Japanese steel mills and other private companies until the end of the war.
Fifty years have passed since the atrocities occurred, yet our veterans are still waiting for accountability and justice. Unfortunately, global political and security needs of the time often overshadowed their legitimate claims for justice--and these former POW's were once again asked to sacrifice for their country. Following the end of the war, for example, our government allegedly instructed many of the POW's held by Japan not to discuss their experiences and treatment. Some were even asked to sign nondisclosure agreements. Consequently, many Americans remain unaware of the atrocities that took place and the suffering our POW's endured.
Following the passage of a California statute extending the statute of limitations for World War II claims until 2010 and the recent litigation involving victims of Holocaust, a new effort is underway by the former POW's in Japan to seek compensation from the private companies which profited from their labor. Let me say at the outset, that this is not a dispute with the Japanese people and these are not claims against the Japanese Government. Rather, these are private claims against the private Japanese companies that profited from the slave labor of our American soldiers who they held as prisoners. These are the same types of claims raised by survivors of the Holocaust against the private German corporations who forced them into labor.
The Senate Judiciary Committee held a hearing on the claims being made by the former American POW's against the private Japanese companies. One issue of concern for the Committee was whether the POW's held in Japan are receiving an appropriate level of advocacy from the U.S. Government. In the Holocaust litigation, the United States appropriately played a facilitating role in discussions between the German companies and the victims. The Justice Department also declined to file a statement of interest in the litigation--even when requested by the court. The efforts of the administration were entirely appropriate and the settlement, which was just recently finalized, was an invaluable step toward moving forward from the past.
Here, in contrast, there has been no effort by our Government, through the State Department or otherwise, to open a dialog between the Japanese and the former POW's. Moreover, in response to a request from the court, the Justice Department did, in fact, file two statements of interest which were very damaging to the claims of the POW's--stating in essence that their claims were barred by the 1951 Peace Treaty with Japan and the War Claims Act.
From a moral perspective, the claims of those forced into labor by private German companies and private Japanese companies appear to be of similar merit, yet they have spurred different responses from the administration. Why?
Here in the Senate, we have been doing what we can to help these former prisoners of war. With the help of Senator Feinstein, we have moved through the Judiciary Committee Senate bill 1902, the Japanese Records Disclosure Act, which would set up a commission to declassify thousands of Japanese Imperial Army records held by the U.S. Government after appropriate screening for sensitive national security information and the like.
The Senate is also doing what it can to fulfill our Government's responsibility to these men by including a provision in the DOD authorization bill which would pay a $20,000 gratuity to POW's from Bataan and Corregidor who were forced into labor. Such payment would be in addition to any other payments these veterans may receive under law--and thus would not compromise any of the claims asserted in the litigation against the Japanese companies.
The bill I introduce today, an expression of the sense of the Senate that the U.S. Government should attempt to facilitate a dialog, as it did in the German case, is a logical and appropriate extension of our other efforts. Ultimately, I do not know where we will come out on the precise meaning of the Treaty. Regardless of how the technical legal issues are resolved--which the courts will determine--in light of the moral imperative and interests of simple fairness, we must ask ourselves why shouldn't the United States facilitate a dialog between the parties? When is good faith discussion a bad idea? I think we owe this much to these brave veterans and their families. I believe a good faith dialog is the first step towards a just resolution that accommodates the various moral, legal, national security, and foreign policy interests which are at play.
I urge all Members to support this amendment.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the resolution be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The concurrent resolution (S. Con. Res. 158) was agreed to.
(end excerpt)
(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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