OTTAWA, ON, May 30, 1991 - Prime Minister Brian Mulroney has apparently stated that the rights of Canadian PoWs to claim compensation from Japan were forfeited by Japanese-Canadian Peace Treaty of 1952. If correct, the Canadian Government, being a signatory to the Peace Treaty, must accept responsibility to pay the compensation, particularily because Section 131 of the Third Geneva Convention specifically prohibits the Canadian Government from absolving Japan of any liability. 

This statement was made today by Cliff Chadderton, Chief Executive Officer of The War Amputations of Canada and Chairman of the Allied PoW organizations which have submitted a claim against Japan for compensation through the Human Rights Commission of the United Nations.

Article 131 of the Third Geneva Convention specifically states:

"No high contracting party shall be allowed to absolve itself of any liability incurren by itself or by another high contracting party ..."

Chadderton stated further: "The public statements by our Prime Minister in Japan to the effect that the rights of Canadian PoWs were forfeited will no doubt please the Japanese Prime Minister as it reinforces the position of his Government to the effect that the Peace Treaty effectively seals the door to any further compensation claims.

"I am surprised that our Prime Minister has taken this position. The Delarations of International Law have made it clear, for years, that the Peace Treaties with Japan do not specifically bar further compensation claims," Chadderton said.

The text of a telegram sent to the Prime Minister follows:

The Right Honourable M. Brian Mulroney, P.C., M.P.
Prime Minister of Canada
C/O Canadian Embassy
Tokyo, Japan

Understand from media reports you have stated that right to further compensation by Canadian former Prisoners of War of Japan has been forfeited by terms of 1952 Peace Treaty between Japan and Canada.

The War Amputations of Canada, through its status as a Non-Governmental Organization, submitted claim against Japan under Resolution 1503 of Economic and Social Council of United Nations for reparations for Canadian PoWs arising from slave labour contrary to provisions of Geneva Conventions.

If the position of Canadian Government is that such a claim is invalid due to terms of Peace Treaty, consideration should now be given by Canadian Government regarding compensation to those whose rights were violated by Japan and who were deprived of protection of International Law as set out in Geneva Conventions.

This proposition was subject of letter I wrote to you dated September 23, 1988, in which our claim was outlined. We suggested that if Japan continued to ignore claim Canadian Government should consider paying compensation either under humanitarian grounds or beacuse rights of this group of Canadian Citizens may have been forfeited by Canada's actions in signing Peace Treaty without consultation with war veterans involved. We have no record of response from you.

H. Clifford Chadderton, OC, OStJ, DCL
Chief Executive Officer
The War Amputations of Canada