Hong Kong Veterans Step Closer to Compensation
BAD ISCHL, AUSTRIA, April 25, 1988 - The claim of Canadian veterans who were prisoners of war in Hong Kong during World War II, for compensation arising out of the atrocities committed by Japan, has moved one step closer with endorsation by the World Veterans Federation (WVF).
At an international conference on war veterans legislation, which finished up yesterday, representatives from 52 countries gave consideration to a Declaration demanding that all countries pass legislation allowing indemnification for victims who died or were permanently disabled while prisoners of war.
The veterans' Declaration has already gained support from a number of leading organizations in the human rights community, including: Amnesty International; the International Committee of the Red Cross; the International Commission of Jurists; the International Federation of Women Career Lawyers; and the International Committee of Health Professionals. It's expected that official endorsation of the Declaration will be forthcoming from the WVF when the secretariat prepares its report on the conference.
The Canadian veterans' claim for compensation -- they were taken prisoner in 1941 at the fall of Hong Kong -- was first presented to the Human Rights Commission in Geneva in February of this year. No formal decision was rendered by the Commission, pending further consideration of interested parties including Japan and the various UN advisory groups who specialize in gross violations of human rights in war crimes against humanity.
The War Amputations of Canada is pursuing the compensation claim on behalf of the Hong Kong PoWs. The Association's Chief Executive Officer, Cliff Chadderton of Ottawa, is Patron of the Hong Kong Veterans' Association of Canada. Other prominent Canadians involved as consultants to the group are Dr. Gustave Gingras, an internationally renowned specialist in rehabilitative medicine and Professor John Humphrey of McGill University, a former director with the UN Human Rights Commission.
"It was necessary to obtain formal acceptance of the general principle of compensation from the WVF before we could proceed," stated Chadderton. The procedures followed by the UN provide that such claims can only be brought forward by non-governmental organizations, if that organization has been accorded such status by the UN. The WVF, to which The War Amps belong, is one such group. The WVF is considered to be the body that speaks for veterans at the international level.
Chadderton explained further that the Human Rights Commission, in its consideration of the Hong Kong claim, would be extremely interested in knowing the position of the WVF.
By overwhelming vote the WVF, which not only includes representatives from war veterans' organizations but also delegates from Japan and other leading nations of the world, agreed that the UN should adopt legislation providing compensation.
A further principle of the Declaration was that no moratorium be applied and that all countries engaged in World War II be bound by the Geneva Convention governing treatment of PoWs. Japan had not signed the Geneva Convention, but were aware that it represented the customary international law of nations. Their treatment of Canadian and other PoWs represented gross violations of that conduct.
Chadderton noted that the Declaration can now be brought before the UN by either The International Committee of Health Professionals or the newly formed International Committee of PoW Associations. To do this, the latter group must first seek status as a non-governmental organization and then handle the application before the UN on its own initiative.
"We are well on our way to establishing this international alliance and the provisional directors will include Dr. Gingras, Professor Humphrey, Brian Forbes, legal counsel for The War Amps and the Hong Kong Veterans' Association, and myself," stated Chadderton.
"We have been told by UN officials that if we can secure the authority to act for PoW groups in other countries there should be no problem in establishing the new PoW association with the necessary status before the UN.
"The only hurdle would be if the Canadian government should oppose us. I can't see them doing that, however," he stated. It is the intention of The War Amps to proceed to the UN with the Hong Kong claim once the principle has been established.
"Our claim could set a precedent. If Japan is found liable in the eyes of the UN, it will pave the way for claims from other PoWs in other countries," Chadderton concluded.
In addition Professor Humphrey stated that this situation provided Canadians with the unique opportunity of playing a leading role in the redress of PoWs and other victims of war.
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