Seoul’s Last-Minute Campaign to Derail Japan’s World Heritage Bid

Politics

The dispute between Japan and South Korea regarding historical perceptions became the source of a major tussle over the bid for inclusion of the “Sites of Japan’s Meiji Industrial Revolution” in the World Heritage List. The sites were added to the list, but meanwhile Seoul won international attention for its position on Japan’s wartime conscription of Korean laborers.

Compensation for Wartime Conscription: Seoul’s Dilemma

There is one more factor behind Seoul’s focus on this matter: Within South Korea, the idea of World Heritage listing for Japan’s industrialization sites is positioned as relating to the issue of Japan’s mobilization of Koreans as laborers during the height of World War II.

In May 2012 South Korea’s Supreme Court ruled that people drafted to work at the former Nippon Steel (now Nippon Steel & Sumitomo Metal) and Mitsubishi Heavy Industries during World War II and their surviving family members had the right to claim compensation. Since then, the issue of compensation for those who were mobilized in Korea as laborers during the war has emerged as a major new issue relating to the differing historical perceptions of Japan and South Korea. At the same time, it has created a serious dilemma for the South Korean government.

Though the South Korean judiciary has come out in favor of the right to claim compensation for wartime conscripted laborers, it is clear that the South Korean and Japanese governments addressed this issue squarely in the negotiations that led to the conclusion of the 1965 Treaty on Basic Relations Between Japan and the Republic of Korea and that compensation for such laborers was one of the bases for calculation of the “economic cooperation” funds that Japan agreed to pay South Korea under this treaty. For this reason, Seoul has not been able to adopt a clear-cut position on this issue, unlike the issue of the comfort women, and the South Korean authorities are not confident that they can negotiate successfully with Japan on this matter. People close to the South Korean government have been heard to say that South Korea would have little chance of winning a favorable judgment if the issue of conscripted laborers were to be brought before an arbitration panel under the provisions of the relevant annex to the 1965 treaty.

Focusing on the Forced Nature of the Work

In this context, Seoul must have seen the sudden emergence of the World Heritage sites issue as a great opportunity to push back against Tokyo in the debate over wartime mobilization of workers, which is a matter on which the South Koreans are at a disadvantage in terms of international law. The course the South Korean government chose was to focus the attention of the international community on the “forced” nature of the working environment for the mobilized Koreans, so as to create the impression that the actions of the wartime Japanese government were beyond the pale under international law. And this choice was probably informed by its experience in the debate over the comfort women.

The position of the South Korean government and activist groups regarding the issue of the comfort women, which initially focused on the forced nature of their recruitment, has since shifted to a focus on the forced nature of their work. In other words, the debate has shifted to their status in terms of human rights. And Seoul has now started applying the same logic with regard to the conscripted workers. Though the conscription clearly became mandatory under law only toward the end of the war, prior to that the recruitment of laborers from Korea for work in Japan was conducted by companies, sometimes with assistance from the government, and so the extent to which it was “forced” is unclear. This makes it difficult for the South Koreans to pin blame on Japan for forced recruitment based on the outright use of government authority. But as they see it, the prospects for claiming compensation may be better if they can establish that the recruited laborers ended up working under forced conditions and can link the claims to the illegality of this compulsion.

The South Korean authorities’ position was clearly visible in the demand they pressed on Japan at the bilateral foreign ministers’ meeting just before the UNESCO committee session and during the subsequent negotiations between the two countries—namely, that Japan agree to include the term “forced labor” in an official statement regarding the World Heritage listing. This term is internationally recognized as referring to actions prohibited under the 1930 Forced Labor Convention of the International Labor Organization. In the end the two countries agreed on an ambivalent formulation, with Japan issuing a statement that avoided the term “forced labor” but included the phrase “forced to work” in a reference to the conscripted Koreans.

A Double Win for Seoul

Even the inclusion of this phrase represented a major success for Seoul, inasmuch as it highlighted the “forced” nature of Japan’s wartime mobilization of laborers in the debate conducted in view of the international community. This is a matter that has repeatedly come up for discussion in the ILO and other international forums, where it has resulted in considerable criticism of Japan.

Particularly significant was the report issued in 1999 by the ILO’s Committee of Experts on the Application of Conventions and Recommendations, which identified Japan’s wartime mobilization of non-Japanese laborers as a clear violation of the convention. In the light of such factors as the extremely high level of mortality among these laborers, the ILO committee judged that Japan’s actions fell outside the scope of ordinary wartime mobilization, which is exempt from the provisions of the convention. It is highly likely that the South Korean authorities were conscious of the existence of this report while they were negotiating with Japan over the bid for World Heritage listing.

What bears noting is that for the South Korean government the issue of World Heritage listing for Japan’s Meiji-era sites was not so much an important issue in its own right as an occasion for the government to show its domestic public that it was putting up a more than even fight against Japan in the arena of international opinion regarding historical perceptions—and also a chance for South Korea to find an advantageous way of handling the knotty issue of compensation for wartime laborers. In this sense it was a double win for Seoul. And it was in fact a major accomplishment for the South Koreans. They are likely to press further on the forced nature of the wartime working conditions for Korean laborers, and we must now see how Tokyo will respond.

(Originally written in Japanese on August 10, 2015. Banner photo: South Koreans sign a petition in Seoul Plaza on June 17, 2015, opposing World Heritage listing for Japan’s “Sites of the Meiji Industrial Revolution.” © Yonhap/Aflo.)

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