The Asian Human Rights Commission (AHRC) is writing to you on the occasion of the 2006 International Day for the Disappeared to encourage the Government of Japan to show leadership in addressing the incidence of forced disappearances in Asia.
As you are aware, many countries in Asia have suffered from very severe levels of disappearances during recent years. In past decades these have included Indonesia, the Philippines and Sri Lanka. Those with growing numbers of cases include Thailand and Pakistan. Nepal has just gone through a period of very heavy abductions and killings by the army and police. Parts of India have at various times over many years been subjected to the same. In all of these countries forced disappearances have been accompanied by other gross abuses, including torture, and a collapse or undermining of basic policing, prosecuting and judicial agencies.
At the same time, the United Nations is this year completing the much-awaited Convention on the Protection of All Persons from Enforced Disappearance. As you know, the basic principle that underpins this new treaty is that no one shall be subject to enforced disappearance anywhere, under any circumstances.
The AHRC appreciates the active role that Japan has taken in seeing the convention brought to this stage, and anticipates that with your support it will continue through the UN General Assembly this September, at which time it will fall open for signatures. The Government of Japan has itself said in its statement on the draft treaty this June 29 that, “The adoption of this convention should not be the end of our achievement but a starting point. We must continue to fight against enforced disappearance.” We wholeheartedly agree. By itself, the convention is meaningless. It is only when signed by governments and made real through domestic laws, institutions and policies that this atrocious abuse can be brought to an end. It is in this respect that we are writing to you today.
The Asian Human Rights Commission urges the Government of Japan to continue with the leadership it has shown among countries in Asia by turning the convention on enforced disappearances into reality. We call upon you to use your strong diplomatic and economic ties with countries throughout Asia to encourage other governments to join you in your commitment to end forced disappearances. We ask you to contribute the accumulated skills and resources of the Japanese people to give advice and technical assistance to interested governments in order to achieve the same. We have little doubt that if your government works with energy and sincerity towards an Asia free from forced disappearances that it will have good and lasting effects. We call upon you to recognise your obligation to do the same.
It is obvious that your own interests are also at stake. Stable countries are governed by the rule of law and functioning rational institutions. Japan is one such country. By contrast, countries where enforced disappearances are the norm are characterised by fear, social confusion and institutional collapse. Under these conditions, there is little incentive for outside investment and economic development. It is no coincidence that countries with the highest incidence of forced disappearance in Asia, and regions within countries with the highest incidence, are also those where the rule of law is at its lowest ebb and poverty is most pronounced. As your government emphasises overseas development assistance to improve economic and social conditions in your neighbours, it follows that you should have a strong interest in the pronounced social, economic and institutional consequences of forced disappearances in this region.
In conclusion we would again quote your government’s statement before the United Nations on June 29, that, in reference to article 24(2) of the new convention,
“‘Each victim has the right to know the truth regarding the circumstances of the enforced disappearance, the progress and results of the investigation and the fate of the disappeared person’. We should all listen to the voice of a family asking for the truth.”
In Thailand, Indonesia, the Philippines, Sri Lanka, Pakistan, India, Nepal and other parts of Asia today there are thousands of those voices not just asking, but crying out for the truth. We urge your government to do more than just listen. We ask that you do everything within your means to have the governments of other countries in Asia listen too, and then act accordingly. On this International Day for the Disappeared, thousands are looking to you for leadership to end enforced disappearances in Asia. Please do not disappoint them.
Yours sincerely,
Basil Fernando
Executive Director
Asian Human Rights Commission
Cc:
1. Mr. Junichiro Koizumi, Prime Minister of Japan
2. Mr. Seiken Sugiura, Minister of Justice
3. Ms. Akiko Yamanaka, Vice-Minister for Foreign Affairs, Secretary for Human Rights Issues including the victims of forced disappearances to DPRK
4. Mr.Seigoh Hirayama, President, Japan Federation of Bar Association
5. Mr. Kenzo Oshima, Ambassador, Permanent Representative of Japan to the United Nations
6. Mr Ichiro Fujisaki, Ambassador, Permanent Mission of Japan to the United Nations in Geneva
7. Ms. Louise Arbour, United Nations High Commissioner for Human Rights
8. Mr. Stephen J. Toope, Chairperson, UN Working Group on Enforced or Involuntary Disappearances
