War Amps Advised Hong Kong Claim
to Have October Hearing at U.N.
OTTAWA, ON, July 27, 1995 - The War Amps has been advised by the Human Rights Committee in Geneva that the claim for compensation, filed on behalf of members of the Hong Kong Force who were prisoners of war in Japan for 44 months during World War II, is now being prepared for a hearing this coming October.
"We had hoped there would be a resolution of the matter for an announcement in conjunction with the 50th Anniversary of the end of World War II this coming August 15th, but that does not seem to be the case," stated Cliff Chadderton, Chief Executive Officer of The War Amps and Patron of the Hong Kong Veterans Association of Canada.
According to Chadderton, the Human Rights Committee in Geneva is actively engaged in studying the response to the claim from the Canadian Government and the rebuttal from The War Amps.
The claim was first referred to the Human Rights Committee by The War Amps, under its status as a non-governmental organization, in March 1993. In accordance with the procedural requirements, the Human Rights Committee forwarded the claim to the Canadian Government which provided a response in December 1994.
It was the opinion of the Canadian Government that the Peace Treaty of 1952, between Japan and Canada, which provided a payment to the Hong Kong Veterans of one dollar per day, concluded the issue.
In its response, the Canadian Government stated also that veterans who were prisoners of war already received pension under the Veterans Disability Pension Act and cited this as a further reason why no further compensation was due the victims of the brutal imprisonment at the hands of the Japanese.
Chadderton pointed out that monies paid under the Veterans Pension Act for war-incurred disabilities bore no relationship to the claim for slave labour compensation under the Geneva Convention. He stated further that international law has been interpreted to mean that the Peace Treaty did not extinguish a claim for further compensation.
The Geneva Convention provides that where a prisoner of war is engaged in slave labour in war industries, the detaining power (in this case Japan) is required to pay wages at the same rate paid its own workers.
Having regard for wage rates during the war years in Japan, this would entitle the Hong Kong veterans, or their survivors, to a net payment, after deducting the $1,300 previously paid, of approximately $22,000 a piece. There are approximately 400 Hong Kong veterans remaining alive and another 700 to 800 number of widows who would qualify.
On May 28, 1991, while on a trip to Japan, former Prime Minister Mulroney told Japanese Prime Minister Kaifu that if Canadian veterans were looking for compensation, they should seek such from Canada.
George Proud, Member of Parliament for Charlottetown and the then spokesman for Veterans Affairs, made a commitment, in writing, during the 1993 election to the effect that the Liberal Government would pay the claim if it took power. Chadderton wrote to Prime Minister Chrétien, reminding him of this commitment under date of November 8, 1993 but the government has, thus far, ignored the issue.
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