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59StiffmuscleStiffmuscle   クマラスワミ報告書に対する日本政府の意見書

1996年3月27日付け、文書番号(E/CN.4/1996/137)

Note verbale date 26 March 1996 from the Permanent Mission of Japan to the United Nations Office at Geneva addressed to the Center for Human Rights


特に目を引いた部分を書き出しておく。

2. Result of the Study on the Issue of "Comfort Women" and the Disclosure of Documents

(1) In December 1991, the Government of Japan started a fact-finding study on the issue of "comfort women."

(2) The Government of Japan investigated whether or not the materials on this issue are kept in ministries and government offices of Japan, the National Diet Library, and the U.S. National Archives, and made thorough examination of more than 230 relevant materials found through the investigation. At the same time, the Government of Japan, dispatching missions at home and abroad, conducted a wide rage of hearing investigation from former "comfort women", former military personnel, ex-officials of the Government-General of Korea, former operators of "comfort stations," residents of the area where "comfort stations" were located, historians, etc. Furthermore, the Government studied not only the study report compiled by the Government of the Republic of Korea, collections of testimonies by former "comfort women," which were compiled by the related organizations including the Association of Pacific War Victims and Bereaved Families and the Korean Council for the Women Drafted for Sexual Slavery by Japan, but also numerous publications related to this issue.

(3) The Government of Japan examined and analyzed the materials and testimonies collected through this study, and announced the result on August 4, 1993 (See ANNEX I). The main Points of the result are as follows.

*"Comfort stations" were established and operated at the request of the Japanese military authorities of the day.

*The then Japanese military was, directly or indirectly, involved in the establishment and management of the "comfort stations" as well as the transfer of "comfort women."

*The recruitment of "comfort women" was conducted mainly by private recruiters who acted at the request of the military. However, in many cases they were recruited against their own will, through such means as coaxing and coercion, and at times administrative / military personnel directly took part in the recruitment.

(4) This finding are based on the study which the Government conducted with utmost and wholehearted efforts. However, there still is a possibility of new materials to be found, and the Government of Japan has paid a close attention to the possibility, following private studies on this issue as well.


(pp. 3-4)


日本政府が聞き取り調査したのは、元慰安婦だけではない。上から抜粋した以下の記述に注意。

 ....conducted a wide rage of hearing investigation from former "comfort women", former military personnel, ex-officials of the Government-General of Korea, former operators of "comfort stations," residents of the area where "comfort stations" were located, historians, etc.



III. Comments on the Legal arguments in the Report of the Special Rapporteur on the mission to the Democratic People's Republic of Korea, the Republic of Korea and Japan (E/CN.4/1996/53/add.1)

The Special Rapporteur's legal arguments, which the Government of Japan carefully studied, are not well founded in international law. The Government of Japan has seriously reservation on major parts of her legal arguments.

As regards the issues of reparations and/or settlement of claims for the damage and suffering caused during the war, including the issue of "comfort women," Japan has sincerely fulfilled its obligations according to the San Francisco Peace Treaty, bilateral treaties and other relevant international agreements, and therefore, the issues have been finally and completely settled between Japan and the Parties to the above mentioned agreements. As for the obligation to pay compensation to individuals, it is the established rule that an individual cannot be a subject of rights or duties in international law unless his or her right is expressly provided in a treaty and the procedure for exercising the right is guaranteed under international law as well. Despite the Special Rapporteur's quotations, instruments such as the Universal Declaration of Human Rights, and the International Covenants on Human Rights have nothing to do with an individual's right to claim compensation under international law.


(pp. 8-9)


本気でこう申し立てしているなら、日本政府は無知で愚かである・・・絶句。

返信2007/07/27 01:41:39