UNITED
NATIONSE
Economic and Social
Council

Distr.
GENERAL
E/CN.4/1996/53/Add.1
4 January 1996
Original:

ENGLISHCOMMISSION ON HUMAN RIGHTS
Fifty-second session
Item 9 (a) of the provisional agenda

FURTHER PROMOTION AND ENCOURAGEMENT OF HUMAN RIGHTS
AND FUNDAMENTAL FREEDOMS, INCLUDING THE QUESTION OF
THE PROGRAMME AND METHODS OF WORK OF THE COMMISSION
ALTERNATIVE APPROACHES AND WAYS AND MEANS WITHIN THE
UNITED NATIONS SYSTEM FOR IMPROVING THE EFFECTIVEENJOYMENT OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Addendum
Report of the Special Rapporteur on violence against women,
its causes and consequences, Ms. Radhika Coomaraswamy,
in accordance with Commission on Human Rights
resolution 1994/45
Report on the mission to the Democratic People’s Republicof Korea, the Republic of Korea and Japan on the issue of
military sexual slavery in wartime
CONTENTS

Introduction. . . . . . . . . . . . . . . . . . . . .

Paragraphs

Page

1 -

5

3

I.

DEFINITION . . . . . . . . . . . . . . . . . . . . .

6 - 104II.

HISTORICAL BACKGROUND. . . . . . . . . . . . . . .

11 - 44

5

General . . . . . . . . . . . . . . . . . . . .
Recruitment . . . . . . . . . . . . . . . . . .
Conditions in the comfort stations . . . . . . .

11 - 2223 - 31
32 - 44

5
7
9

A.
B.
C.

GE.96-10123(E)

E/CN.4/1996/53/Add.1
page 2

CONTENTS (continued)
Paragraphs
III.

Page

WORKING METHODS AND ACTIVITIES OF THE
SPECIAL RAPPORTEUR . . . . . . . . . . . . . . . . .

45 -

51

12

IV.

TESTIMONIES. . . . . . . . . . . . . . . . . . . .

52 -

65

13

V.

POSITION OF THE GOVERNMENT OF THE DEMOCRATICPEOPLE’S REPUBLIC OF KOREA . . . . . . . . . . . . .

66 -

76

18

POSITION OF THE GOVERNMENT OF THE
REPUBLIC OF KOREA . . . . . . . . . . . . . . . . .

77 -

90

20

VII.

POSITION OF THE GOVERNMENT OF JAPAN. . . . . . . .

91 - 124

22

VIII.

MORAL RESPONSIBILITY . . . . . . . . . . . . . . . .

125 - 135

28

RECOMMENDATIONS. . . . . . . . . . . . . . . . . .

136 - 140

31

At the national level . . . . . . . . . . . . .
At the international level . . . . . . . . . . .

137
138 - 140

31
32

VI.

IX.

A.
B.

Annex:

List of principal persons/organizations theSpecial Rapporteur consulted during her mission

E/CN.4/1996/53/Add.1
page 3Introduction
1.
At the invitation of the Governments of the Republic of Korea and Japan,
the Special Rapporteur on violence against women visited Seoul from 18 to
22 July 1995 and Tokyo from 22 to 27 July 1995 to study in depth the issue of
military sexual slavery in wartime, within the wider framework of violenceagainst women, its causes and consequences. On the proposal and at theinvitation of the Government of the Democratic People’s Republic of Korea,
the Special Rapporteur was also scheduled to visit Pyongyang from 15 to
18 July 1995, on the same matter. However, as the Special Rapporteur
communicated to the Government in a letter dated 25 July 1995, theSpecial Rapporteur conveyed her sincere apologies and deepest regrets for her
inability to visit the Democratic People’s Republic of Korea due to a delay inthe flight connection.
2.
By way of the same letter, the Special Rapporteur further assured
His Excellency Mr. Kim Yong Nam, Minister for Foreign Affairs of the
Democratic People’s Republic of Korea, that she had full confidence in the
representatives of the Centre for Human Rights, who visited Pyongyang asscheduled from 15 to 18 July 1995 and transmitted to her in detail all
information, materials and documentation received on behalf of theSpecial Rapporteur. The Special Rapporteur also indicated her willingness tovisit the Democratic People’s Republic of Korea at a mutually convenient timein the future. In this regard, the Special Rapporteur greatly appreciates theflexibility and cooperation of the Government of the Democratic People’s
Republic of Korea which informed the Special Rapporteur in a letter dated
16 August 1995 that the Government would be grateful if the Special Rapporteur
were to study carefully and take into account in the preparation of her report
the information, materials and documentation provided to the representativesof the Centre for Human Rights during their visit to the Democratic People’s
Republic of Korea.
3.
The Special Rapporteur wishes also to express her appreciation for thecooperation and assistance extended by the Governments of the Republic ofKorea and Japan, enabling the Special Rapporteur to enter into dialogue with
relevant sectors of society and to obtain all information and documentationneeded to report to the Commission on Human Rights in an objective andimpartial manner.
4.
The visits, and the high quality of discussions during both consultations
with representatives of governmental and non-governmental organizations, aswell as interviews with women victims of military sexual slavery during
wartime, allowed the Special Rapporteur to gain insight into the demands ofthe victims and the positions of the Governments concerned. It also enabled
the Special Rapporteur to better understand which issues still remainunresolved and which measures are being taken at present in relation to thematter at hand.
5.
The Special Rapporteur wishes to underline that the discussion of thesubject-matter of the present report should be applied to all cases of former"comfort women" victims, and not only to those on the Korean peninsula. The
Special Rapporteur regrets that due to financial and time constraints it has
not been possible for her to visit surviving women in all countries concerned.

E/CN.4/1996/53/Add.1
page 4I.

DEFINITION

6.
The Special Rapporteur would like to clarify at the outset of this reportthat she considers the case of women forced to render sexual services inwartime by and/or for the use of armed forces a practice of military sexual
slavery.
7.
In this connection, the Special Rapporteur is aware of the position of
the Government of Japan conveyed to her during her visit to Tokyo, whichstates that the application of the term "slavery" defined as "the status orcondition of a person over whom any or all of the powers attaching to theright of ownership are exercised" in accordance with article 1 (1) of the 1926
Slavery Convention, is inaccurate in the case of "comfort women" under
existing provisions of international law.
8.
The Special Rapporteur, however, holds the opinion that the practice of"comfort women" should be considered a clear case of sexual slavery and aslavery-like practice in accordance with the approach adopted by relevantinternational human rights bodies and mechanisms. In this connection, theSpecial Rapporteur wishes to underline that the Sub-Commission on Preventionof Discrimination and Protection of Minorities, in its resolution 1993/24 of
15 August 1993, noting information transmitted to it by the Working Group on
Contemporary Forms of Slavery concerning the sexual exploitation of women andother forms of forced labour during wartime, entrusted one of its experts toundertake an in-depth study on the situation of systematic rape, sexual
slavery and slavery-like practices during wartime. The Sub-Commission further
requested the expert in the preparation of this study to take into accountinformation, including on "comfort women", which had been submitted to theSpecial Rapporteur on the right to restitution, compensation andrehabilitation of victims of gross violations of human rights.
9.
Furthermore, the Special Rapporteur notes that the Working Group on
Contemporary Forms of Slavery, at its twentieth session, welcomed information
received from the Government of Japan on the issue of "women sex slaves during
the Second World War" and recommended that such practices as "treatment akinto slavery" be settled through the establishment of a Japanese administrative
tribunal.
10.
Finally, for the purpose of terminology, the Special Rapporteur concurs
entirely with the view held by members of the Working Group on Contemporary
Forms of Slavery, as well as by representatives of non-governmentalorganizations and some academics, that the phrase "comfort women" does not in
the least reflect the suffering, such as multiple rapes on an everyday basis
and severe physical abuse, that women victims had to endure during theirforced prostitution and sexual subjugation and abuse in wartime. The Special
Rapporteur, therefore, considers with conviction that the phrase "militarysexual slaves" represents a much more accurate and appropriate terminology.

E/CN.4/1996/53/Add.1
page 5II.

HISTORICAL BACKGROUNDA.

General11.
The establishment of "comfort stations" providing on-site prostitutes for
the Japanese army started as early as 1932, following hostilities between
Japan and China in Shanghai. This was nearly a decade before the use of
so-called "comfort women" became a widespread and regular phenomenon, as it
had undoubtedly become in all parts of Japanese-controlled East Asia by theend of the Second World War. The first military sexual slaves were Koreansfrom the North Kyushu area of Japan, and were sent, at the request of one of
the commanding officers of the army, by the Governor of Nagasaki Prefecture.
The rationale behind the establishment of a formal system of comfort stations
was that such an institutionalized and, therefore, controlled prostitution
service would reduce the number of rape reports in areas where the army was
based.
12.
When, in 1937, the Japanese Imperial Army captured Nanking, withresulting violence, the Japanese authorities were forced to consider the stateof military discipline and morale. The comfort station plan as originallyintroduced in 1932 was revived. The Shanghai Special Branch used its contacts
in the trading community to obtain as many women as possible for militarysexual services by the end of 1937.
13.
These women and girls were employed in a comfort station situated between
Shanghai and Nanking, operated directly by the army. This station became theprototype for later stations and photographs of the station, as well as
regulations for the users, are preserved. This station’s direct operation by
the army did not continue as the norm for comfort stations in the more settled
environment which followed when the phenomenon became more widespread. There
were enough private civilians willing to run the stations and to see to theirinternal operation; they were given paramilitary status and rank by the army.
The army remained responsible for transportation and the general overseeing of
the stations, and matters such as health and general supervision remained the
responsibility of the military.
14.
As the war continued and the number of Japanese soldiers based in various
parts of East Asia increased, the demand for military sexual slaves increased,so that new methods of recruitment were created. This involved the increased
use of deception and force in many parts of East Asia, and especially in
Korea. The testimonies of many Korean "comfort women" who have come forward
reveals the frequency with which coercion or duplicity was employed: aconsiderable number of (mostly Korean) women victims speak in their
testimonies of the deceit and pretence which were employed by the various
agents or local collaborators who had been responsible for their
recruitment. 1/
15.
With the strengthening of the National General Mobilization Law by theJapanese Government, which had been passed in 1932 but which had not been
fully implemented until the last few years of the war, both men and women
were called upon to contribute to the war effort. In this connection, theWomen’s Voluntary Service Corps was established, ostensibly to procure women
for work in factories or to perform other war-related duties to assist theE/CN.4/1996/53/Add.1
page 6

Japanese army. Under this pretext, however, many women were deceived into
serving as military sexual slaves and the association of the Service Corps
with prostitution soon became well known.
16.
Ultimately, the Japanese were able to procure more women for theincreasing demands of the army by using violence and outright coercion. A
large number of the women victims speak of violence used on family members who
tried to prevent the abduction of their daughters and, in some cases, of being
raped by soldiers in front of their parents before being forcibly taken off.
One case study refers to Yo Bok Sil who, like many girls, was seized from herhome and whose removal involved the beating of her father because he attempted
to resist her abduction. 2/
17.
The geographical location of comfort stations appears to have followed
the course of the war; stations seem to have been found wherever the Japanesearmy was based. Meanwhile, the exploitation of "comfort women" went on evenin Japan where, despite the presence of licensed prostitution, some stations
were established for those who had no access to the existing facilities.
18.
Comfort stations are known, through a number of sources, to have existed
in China, Taiwan, Borneo, the Philippines, many of the Pacific Islands,
Singapore, Malaya, Burma and Indonesia. The testimony is recorded of avariety of people who either remember the stations from the time of theiroperation or who had relatives or acquaintances who were involved in therunning of the system in some way. 3/
19.
Photographs of the stations, and even of the "comfort women" themselvesin various contexts, have been preserved, along with a number of different
records of the regulations of comfort stations in different parts of theJapanese Empire. Though little documentation remains that bears witness to
the recruitment methods, the actual operation of the system is widely attested
in records which survive from the period. The Japanese military meticulously
recorded the details of a prostitution system that appeared as to be regarded
as merely another amenity. The rules for comfort stations in Shanghai,
Okinawa, other parts of Japan and China and the Philippines still survive,
detailing, inter alia, rules for hygiene, hours of service, contraception,
payment of women and prohibitions of alcohol and weapons.
20.
These regulations are some of the most incriminating of the documents tohave survived the war. Not only do they reveal beyond doubt the extent towhich the Japanese forces took direct responsibility for the comfort stations
and were intimately connected with all aspects of their organization, but theyalso clearly indicate how legitimized and established an institution thestations had become. Much attention seems to have been paid to see that the"comfort women" were treated correctly. The prohibition of alcohol andswords, the regulation of hours of service, reasonable payment and otherattempts to impose what would appear to be a sense of decorum or fairtreatment are in stark contrast with the brutality and cruelty of thepractice. This only serves to highlight the extraordinary inhumanity of asystem of military sexual slavery, in which large numbers of women were forced
to submit to prolonged prostitution under conditions which were frequently
indescribably traumatic.

E/CN.4/1996/53/Add.1
page 721.
The end of the war brought no relief to a large proportion of the"comfort women" still in service, since many were killed by the retreating
Japanese troops or, more often, simply abandoned to their fate. In
Micronesia, in one case the Japanese army killed 70 "comfort women" in one
night, because they felt the women would be an encumbrance or an embarrassment
were they to be captured by the advancing American troops. 4/
22.
Many women victims who were based at front-line locations were forced totake part in military operations, including suicide missions with thesoldiers. Most frequently, however, they were left to fend for themselves, inmany cases many miles from their homes, uncertain of how they would fare at
the hands of the "enemy". Many did not even know where they were and had
little or no money, since very few of the women, according to their
testimonies, ever received any of the money they had "earned". Among thewomen who were evacuated, as occurred in Manila, there were many deaths fromthe gruelling conditions and shortage of food.
B.

Recruitment

23.
The most problematic aspect of attempting to write an account of therecruitment of military sexual slaves during the period leading up to theSecond World War and during the war itself is the lack of remaining or
disclosed official documentation concerning the actual recruitment process.
Nearly all evidence concerning the recruitment of "comfort women" comes fromthe oral testimony of the victims themselves. This has made it easy for many
to reject the testimonies of the victims as anecdotal or even created to
implicate the Government in a matter which was essentially a private and,
therefore, a privately run, system of prostitution. Yet the consistency of
the accounts of women from quite different parts of South-East Asia of themanner in which they were recruited and the clear involvement of the military
and Government at different levels is indisputable. It is wholly implausiblethat so many women could have created such similar stories about the extent ofofficial involvement solely for their own purposes.
24.
The first comfort stations under direct Japanese control were those inShanghai in 1932, and there is first-hand evidence of official involvement intheir establishment. One of the commanders of the Shanghai campaign,
Lieutenant-General Okamura Yasuji, confessed in his memoirs to have been theoriginal proponent of comfort stations for the military. 5/ There had beena very high incidence of rape by Japanese troops and, in response, a number of
Korean women from a Korean community in Japan were sent to the province by theGovernor of Nagasaki Prefecture. The fact that they were sent from Japan
implicates not only the military but also the Home Ministry, which controlled
the governors and the police who were later to play a significant role incollaborating with the army in forcibly recruiting women.
25.
Following the rape of Nanking in 1937, it became apparent to the Japanesethat discipline had to be improved and the "comfort women establishment" wasrevived. Agents were sent to the same area in North Kyushu, and when there
was inadequate response from volunteers from brothels they resorted todeceiving local girls with offers of well-paid jobs, ostensibly as cooks andE/CN.4/1996/53/Add.1
page 8laundresses for the army. Instead, they worked as military sexual slaves in a
comfort station situated between Shanghai and Nanking, a centre which became
the prototype for future stations. 6/
26.
Later in the war, the military relinquished, for the most part, its
involvement in the running and operation of comfort stations to private
operators who were either approached by army agents or who applied for permits
on their own initiative. It was considered inappropriate for the army to berunning prostitution services and the facilities of the private operators wereconsidered to be more "suitable" for the troops. The recruitment process,however, increasingly became the responsibility of officials, although theextent to which private individuals were involved and who exactly was
responsible for initiating the establishment of comfort stations varied fromarea to area. However, since the Japanese authorities were until recently
unwilling to recognize their role in forced recruitment and duplicity, or
indeed their responsibility in the recruitment process at all, information
about the process of acquisition of women to serve as military sexual slaves
comes largely from the accounts of the victims themselves.
27.
As already mentioned, this information is, however, abundant in thestories of former "comfort women" and presents a reasonably clear picture.
Three types of recruitment are identified: the recruitment of willing womenand girls who were already prostitutes; the luring of women with the offer ofwell-paid work in restaurants or as cooks or cleaners for the army; and,
finally, large-scale coercion and violent abduction of women in what amounts
to slave raids in countries under Japanese control. 7/
28.
In the quest for more women, private operators working for the military,
as well as members of the Korean police force who worked in collaboration with
the Japanese, would come to the villages and deceive girls with the promise ofwell-paid work. Alternatively, in the years preceding 1942, Korean police
would arrive in a village recruiting for the "Women’s Voluntary Service
Corps". This made the process official, sanctioned by the Japanese
authorities, and it also implied a certain level of compulsion. If the girls
recommended as "volunteers" failed to turn up, the kempeitai or military
police would investigate their reasons for doing so. In fact, the "Women’s
Voluntary Service Corps" gave the Japanese military the opportunity to makeuse of local Korean operators and police to put pressure on local girls to"join the war effort" under false pretexts, as described above. 8/29.
In cases where even more women were needed, the Japanese militaryresorted to violence, undisguised force and raids which involved the slaughterof family members who tried to prevent the abduction of their daughters.
These methods were facilitated by the strengthening of the National General
Mobilization Law, which had been passed in 1938 but was only used for theforcible recruitment of Koreans from 1942 onwards. 9/ The testimonies ofmany former military sexual slaves bear witness to the widespread use ofviolence and coercion in the recruitment process. Moreover, the wartime
experiences of one raider, Yoshida Seiji, are recorded in his book, in which
he confesses to having been part of slave raids in which, among other Koreans,as many as 1,000 women were obtained for "comfort women" duties under the
National Labour Service Association as part of the National General
Mobilization Law. 10/

E/CN.4/1996/53/Add.1
page 930.
Written sources also state that the daughters of officials and thelandlord population were spared from recruitment, as their families were
useful in keeping general control over the local people. The girls seizedfrom villages appear to have been very young, the majority between the agesof 14 and 18, and the school system was exploited for the acquisition ofgirls. Professor Yun Chung Ok, who is now working to raise awareness on theissue of military sexual slavery, was lucky enough to have escaped recruitment
from her school through the forethought of her parents. She, however, bears
witness to the fact that such a method was used to recruit school-age virgin
girls without sexually transmitted diseases. 11/
31.
As a result of their young age and innocence, many girls did not evenquestion the good employment opportunities offered to them, they were unable
to resist forcible removal and, in most cases, were complete strangers to any
understanding of prostitution or the sexual act. Their vulnerability andpowerlessness was aggravated by the fact that their schoolteachers, local
police and village authorities, whom they trusted, were often involved in the
recruitment process. Moreover, the stigma attached to prostitution inhibited
women returning from such service before the end of the war from speaking of
their experiences and thereby warning other girls of the danger; most of thewomen victims were concerned principally with hiding their horrendous
experiences and reintegrating into society.
C.

Conditions in the comfort stations

32.
According to the testimony of former "comfort women", the conditions
under which they were expected to serve the soldiers of the Japanese army were
almost invariably appalling. The quality of their accommodation and generaltreatment varied from place to place but almost all women victims testify tothe harshness and cruelty of their circumstances. The stations themselves,depending on their location, were either buildings appropriated by theJapanese military in the course of the advance or makeshift constructions put
together by the army specifically for the purpose of housing "comfort women".
In front-line positions, the stations were often tents or temporary wooden
shacks.
33.
The sites were usually surrounded by a barbed wire fence, well guarded
and patrolled. The movements of the "comfort women" were closely monitored
and restricted. Many women speak of never having been allowed to leave thecamp. Some were allowed to walk outside at set times each morning; others
recall being allowed to make the occasional trip to have their hair cut oreven to see a film. However, any meaningful freedom of movement was evidently
restricted and escape was almost invariably impossible.
34.
The station itself was usually a one- or two-storey building, with adining or reception area downstairs. The women’s rooms were usually locatedat the back or upstairs, and tended to consist of cramped, narrow cubicles,
often as little as 3 feet by 5, with room for only a bed. In such conditions"comfort women" were expected to serve as many as 60 to 70 men per day. In
some front-line locations, the women were forced to sleep on mattresses on thefloor and were exposed to terrible conditions of cold and damp. The rooms
were separated in many cases only by a tatami or rush mat which did not reachthe floor, and so sound travelled easily from room to room.

E/CN.4/1996/53/Add.1
page 1035.
A typical comfort station was supervised by a private operator and thewomen often taken care of by a Japanese or, in some cases, a Korean woman.
Their health checks were carried out by an army doctor but, as many of the
comfort women recall, these regular checks were carried out to prevent the
spread of venereal diseases; little notice was taken of the frequent cigaretteburns, bruises, bayonet stabs and even broken bones inflicted on the women bysoldiers. The women, moreover, had very little time off and the free time
dictated in many of the existing regulations was often ignored by officers who
wished to stay longer or visit at different times. On many days, the womenbarely had time to wash themselves before the next customer arrived.
36.
Food and clothing were provided by the army, though some former "comfort
women" complain of having been kept short of food for long stretches of time.
Though in nearly all cases the women were supposed to have been paid for their"services" and collected tickets in lieu of the pay they were due, only very
few saw any "earnings" at the end of the war. Thus, even the small
consolation of having perhaps saved enough to help themselves or theirfamilies after the war was rendered meaningless after the retreat of theJapanese army.
37.
In the testimonies of many former military sexual slaves, in addition to
the deep-rooted and long-lasting trauma of their sexual abuse, the harshness
and brutality of their conditions of servitude are apparent. They had no
personal freedom, were treated with violence and savagery by the soldiers andwith indifference by the station operators and army doctors. Due to theirfrequent proximity to the front-line, they were exposed to attack, to bombingsand to the threat of death, conditions which made the soldiers who frequented
comfort stations even more demanding and aggressive.
38.
In addition, there existed the constant fear of disease and pregnancy.
Indeed, a majority of "comfort women" seem to have at some point contracted avenereal disease. During this period they were given some time off torecuperate but at all other times, even during menstruation, they wererequired to continue "working". One woman victim told the Special Rapporteur
that, due to the numerous venereal diseases she had been exposed to whenserving as a military sexual slave, her son had been born mentally handicapped
after the war. These conditions, along with the deeply entrenched sense of
shame felt by all women victims, often resulted in suicide or in escapeattempts, the failure of which meant certain death.
39.
To complement written historical sources, the Special Rapporteur, during
her visit to Seoul and Tokyo, met with historians to solicit information on
the circumstances in which comfort stations were established and women
recruited for the purpose of military sexual slavery.
40.
The Special Rapporteur noted that historian Dr. Ikuhiko Hata of Chiba
University, Tokyo, refuted certain historical studies made on the issue of"comfort women", in particular Yoshida Seiji’s book, which describes theplight of "comfort women" on Cheju-do island. Dr. Hata explained that he had
visited Cheju-do, Republic of Korea, in 1991/92 seeking evidence and had cometo the conclusion that the major perpetrators of the "comfort women crime"
were in fact Korean district chiefs, brothel owners and even parents of thegirls themselves who, he alleged, were aware of the purpose of the recruitment

E/CN.4/1996/53/Add.1
page 11of their daughters. To substantiate his arguments, Dr. Hata presented theSpecial Rapporteur with two prototype systems of recruitment of Korean womenfor comfort houses in the years 1937 to 1945. Both models provide that Koreanparents, Korean village chiefs and Korean brokers, that is to say private
individuals, were knowing collaborators and instrumental in the recruitment of
women to serve as sex slaves for the Japanese military. Dr. Hata also
believed that most "comfort women" were under contract with the Japanese army
and received up to 110 times more income per month (1,000-2,000 yen) than the
average soldier (15-20 yen).
41.
The Special Rapporteur also met with historian Professor Yoshiaki
Yoshimi, Chuo University, Tokyo, who provided the Special Rapporteur withcopies of documents of the Japanese Imperial Army which substantiated thatorders and regulations for the recruitment of Korean "comfort women" had been
carried out by or with the knowledge of Japanese military authorities.
Professor Yoshimi also presented the Special Rapporteur with a detailed
analysis of the original documents, arguing that it was common for rearguard
staff or adjutants of a division or regiment to receive instructions from the
expeditionary army, through the military police, to order village chiefs orlocal influential persons in the occupied lands to recruit local women toserve as military sexual slaves.
42.
To illustrate the definite involvement and responsibility of the JapaneseImperial Army in the establishment of comfort stations, Professor Yoshimi
referred to various documents. The Special Rapporteur would like to refer, as
an example, to the Ten Day Report of the 21st Army Unit of the Japanese Armystationed at Kwandong, China, from 11 to 21 April 1939, which states thatmilitary brothels were operated for officers and soldiers under the control ofthe military and that approximately 1,000 "comfort women" served 100,000
soldiers in that region. From other similar documents transmitted to theSpecial Rapporteur, it is evident that a strict system of control over the"comfort women" stations was maintained on the basis of instructions from the
Ministry of the Army. These orders concerned matters such as healthregulations with the aim of avoiding the spread of venereal diseases.
43.
The Special Rapporteur was also informed that another common method ofrecruitment of sex slaves seemed to have been traders who were sent to Korea
by each expeditionary army to collect Korean women as military sexual slaves
in cooperation with or with the support of the military police and the police.
It is alleged that these traders were usually appointed by army headquarters,
but possibly also by the division, brigade or regiment directly.
Professor Yoshimi further maintained that documenting the details of
recruitment was very difficult as not all official documents had been
disclosed by the Government of Japan and might still exist in official
archives of the Defence Agency and the Ministries of Justice, Labour, Social
Welfare and Finance.
44.
In view of the above, the Special Rapporteur felt that a fact-finding
mission in 1995, on the fiftieth anniversary of the end of the Second World
War, would take on particular significance and would help to settle theoutstanding issues in connection with military sexual slavery during the war
and help bring to an end the suffering of the few surviving women victims ofviolence.

E/CN.4/1996/53/Add.1
page 12

III.

WORKING METHODS AND ACTIVITIES OF THE SPECIAL RAPPORTEUR

45.
The Special Rapporteur had received ample information and documentationon the issue of military sexual slavery in the Asian region during the Second
World War from governmental and non-governmental sources, including written
testimonies of women victims, which were studied carefully before undertaking
the fact-finding mission. The main purpose of a mission to the field was toenable the Special Rapporteur to verify the information already available toher, to interview all parties concerned and, on the basis of such complete
information, to attempt to put forward conclusions and recommendations for the
improvement of the current situation of violence against women, its causes andconsequences, at the national, regional and international levels. Such
recommendations might be specific to a situation encountered in the country
visited or they might be of a more general nature, aimed at overcoming
violence against women on a global level.
46.
During the mission, the Special Rapporteur attempted in particular toclarify the demands of the former "comfort women" and to understand what
remedies the present Government of Japan is proposing for the resolution ofthis matter.
47.
Pyongyang (15-18 July 1995). During their visit, the representatives of
the Centre for Human Rights were received by His Excellency Mr. Kim Yong Nam,
Minister for Foreign Affairs. The representatives were provided withinformation and documentation for the use of the Special Rapporteur by membersof the Supreme People’s Assembly, senior officials of the Ministry for Foreign
Affairs, representatives of non-governmental organizations, academics and the
media. The team also heard testimonies by four former military sexual slaves.
48.
Seoul (18-22 July 1995). During her visit to the Republic of Korea, theSpecial Rapporteur was received by His Excellency Mr. Ro Myung Gong, Ministerfor Foreign Affairs. The Special Rapporteur also met with high-level
officials of the Ministry of Foreign Affairs, the Ministry of Political
Affairs II, the Ministry of Justice and the Ministry of Health and Welfare,with academics, as well as with representatives of the National Assembly andvarious non-governmental organizations. The Special Rapporteur also met
with 13 former "comfort women" and heard testimonies of nine of these women
victims of violence.
49.
Tokyo (22-27 July 1995). During her visit to Japan, the Special
Rapporteur met with Mr. Kozo Igarashi, Chief Cabinet Secretary in the Officeof the Prime Minister, as well as with high-level officials of the Cabinet
Councillor’s Office, the Ministry for Foreign Affairs, the Ministry of Justiceand the Japanese National Assembly, the Diet. In addition, the Special
Rapporteur met with representatives of non-governmental organizations andwomen’s groups. The Special Rapporteur also heard the testimony of one former
Korean "comfort woman", residing in Japan, as well as of one former soldier of
the Japanese Imperial Army.
50.
A list of the principal persons the Special Rapporteur met with during
her mission is annexed to the present report.

E/CN.4/1996/53/Add.1
page 1351.
This report aims to reflect accurately and objectively the opinions of
all parties concerned with this matter, namely the Governments of the
Democratic Republic of Korea, the Republic of Korea and Japan, with a view tofacilitating a future course of action towards the resolution of the matter.
More importantly, however, this report is intended to make the voices heard of
those women victims of violence whom the Special Rapporteur was able to meet,
and who spoke on behalf of all other former "comfort women" in thePhilippines, Indonesia, China, Taiwan (province of China), Malaysia and theNetherlands. These testimonies are the voices of the surviving women victims
who now demand the restoration of their dignity and the acknowledgement of theatrocious acts committed on their persons 50 years ago.
IV.

TESTIMONIES52.
At the outset, the Special Rapporteur wishes to extend her sincere
gratitude to all women victims who had the courage to speak to her and give
their testimonies, although this meant, without doubt, the reliving of themost humiliating and painful moments in their lives. The Special Rapporteur
was deeply touched at meeting these women who told of their experiences under
great emotional strain.
53.
Due to the limited length of this report, the Special Rapporteur is only
able to summarize a few of the 16 testimonies she heard in all three
countries. However, the Special Rapporteur stresses the importance of having
been able to hear all the statements as they enabled her to construct an imageof the situation prevailing at the time. The following testimonies have been
selected to illustrate the various aspects of the phenomenon of militarysexual slavery, leading the Special Rapporteur to believe that such militarysexual slavery was conducted in a systematic and coercive manner by and withthe knowledge of leaders of the Japanese Imperial Army.
54.
The testimony of Chong Ok Sun, who is now 74 years old, reflects inparticular the brutal and harsh treatment that these women had to endure in
addition to sexual assault and daily rape by soldiers of the Japanese ImperialArmy:"I was born on 28 December 1920, in Phabal-Ri, Pungsan County,
South Hamgyong Province, in the north of the Korean peninsula.
One day in June, at the age of 13, I had to prepare lunch for myparents who were working in the field and so I went to the village wellto fetch water. A Japanese garrison soldier surprised me there and took
me away, so that my parents never knew what had happened to theirdaughter. I was taken to the police station in a truck, where I was
raped by several policemen. When I shouted, they put socks in my mouthand continued to rape me. The head of the police station hit me in myleft eye because I was crying. That day I lost my eyesight in the lefteye.
After 10 days or so, I was taken to the Japanese army garrison
barracks in Heysan City. There were around 400 other Korean young girls
with me and we had to serve over 5,000 Japanese soldiers as sex slaves
every day - up to 40 men per day. Each time I protested, they hit me orE/CN.4/1996/53/Add.1
page 14

stuffed rags in my mouth. One held a matchstick to my private parts
until I obeyed him. My private parts were oozing with blood.
One Korean girl who was with us once demanded why we had to serve
so many, up to 40, men per day. To punish her for her questioning, theJapanese company commander Yamamoto ordered her to be beaten with asword. While we were watching, they took off her clothes, tied her legs
and hands and rolled her over a board with nails until the nails werecovered with blood and pieces of her flesh. In the end, they cut off herhead. Another Japanese, Yamamoto, told us that ’it’s easy to kill you
all, easier than killing dogs’. He also said ’since those Korean girls
are crying because they have not eaten, boil the human flesh and makethem eat it’.
One Korean girl caught a venereal disease from being raped so often
and, as a result, over 50 Japanese soldiers were infected. In order tostop the disease from spreading and to ’sterilize’ the Korean girl, they
stuck a hot iron bar in her private parts.
Once they took 40 of us on a truck far away to a pool filled withwater and snakes. The soldiers beat several of the girls, shoved theminto the water, heaped earth into the pool and buried them alive.
I think over half of the girls who were at the garrison barracks
were killed. Twice I tried to run away, but both times we were caught
after a few days. We were tortured even more and I was hit on my head somany times that all the scars still remain. They also tattooed me on theinside of my lips, my chest, my stomach and my body. I fainted. When I
woke up, I was on a mountainside, presumably left for dead. Of the two
girls with me, only Kuk Hae and I survived. A 50-year-old man who lived
in the mountains found us, gave us clothes and something to eat. He also
helped us to travel back to Korea, where I returned, scarred, barren andwith difficulties in speaking, at the age of 18, after five years ofserving as a sex slave for the Japanese."
55.
Seventy-seven-year-old Hwang So Gyun’s testimony bears witness to thedeceptive way of recruitment, which lured so many young women into being
military sexual slaves:"I was born on 28 November 1918 as the second daughter of a day
labourer. We lived in the Taeri Workers’ District, Kangdong County,
Pyongyang City.
When I was 17 years old, in 1936, the head of our village came toour house and promised me to help me find a job in a factory. Because myfamily was so poor, I gladly accepted this offer of a well-paid job. I
was taken to the railway station in a Japanese truck where 20 or so other
Korean girls were already waiting. We were put on the train, then onto atruck and after a few days’ travel we reached a big house at theRiver Mudinjian in China. I thought it was the factory, but I realizedthat there was no factory. Each girl was assigned one small room with astraw bag to sleep on, with a number on each door.

E/CN.4/1996/53/Add.1
page 15After two days of waiting, without knowing what was happening tome, a Japanese soldier in army uniform, wearing a sword, came to my room.
He asked me ’will you obey my words or not?’, then pulled my hair, put meon the floor and asked me to open my legs. He raped me. When he left, I
saw there were 20 or 30 more men waiting outside. They all raped me thatday. From then on, every night I was assaulted by 15 to 20 men.
We had to undergo medical examinations regularly. Those who were
found disease-stricken were killed and buried in unknown places. One
day, a new girl was put in the compartment next to me. She tried toresist the men and bit one of them in his arm. She was then taken to thecourtyard and in front of all of us, her head was cut off with a sword
and her body was cut into small pieces."
56.
The testimony by Kum Ju Hwang, now 73 years old, of Dungchongdong,
Youngdungpoku, Republic of Korea, illustrates the regulations under which
comfort stations were operated by the army.
"I thought I was drafted as a labour worker when, at the age of 17,
the Japanese village leader’s wife ordered all unmarried Korean girls to
go to work at a Japanese military factory. I worked there for three
years, until the day that I was asked to follow a Japanese soldier into
his tent. He told me to take my clothes off. I resisted because I was
so scared, I was still a virgin. But he just ripped my skirt and cut myunderwear from my body with a gun which had a knife attached to it. At
that point I fainted. And when I woke up again, I was covered with ablanket but there was blood everywhere.
From then on, I realized that during the first year I, like all theother Korean girls with me, was ordered to service high-ranking
officials, and as time passed, and as we were more and more ’used’, we
served lower-ranking officers. If a woman got a disease, she usuallyvanished. We were also given ’606-shots’ so that we would not get
pregnant or that any pregnancies would result in miscarriage.
We only received clothes two times per year and not enough food,only rice cakes and water. I was never paid for my ’services’. I worked
for five years as a ’comfort woman’, but all my life I suffered from it.
My intestines are mostly removed because they were infected so manytimes, I have not been able to have intercourse because of the painful
and shameful experiences. I cannot drink milk or fruit juices without
feeling sick because it reminds me too much of those dirty things they
made me do."57.
Another survivor, Hwang So Gyun, was able to escape from the "comfort
house" in 1943, after she had spent seven years serving Japanese soldiers as asex slave. Later, at the age of 39, she was able to marry but never told herfamily of her past. As a result of the psychological and physical scars andgynaecological problems she was never able to have children.
58.
Another surviving woman, Kum Ju Hwang, told the Special Rapporteur that,on her first day at the comfort station in Kilim, China, she was told by aJapanese soldier that there were five orders which she had to obey or else sheE/CN.4/1996/53/Add.1
page 16

would die: firstly, the order of the Emperor; secondly, the order of theJapanese Government; thirdly, the army company she was attached to; fourthly,
the subunit within that company and finally, his orders as the tenant of thetent where she was serving him. Another survivor, Bok Sun Kim of the Republicof Korea, testified that her life as a sex slave was directly regulated by the
military: from 3 to 7 pm each day, she had to serve sergeants, whereas theevenings after 9 p.m. were reserved for lieutenants. All women were also
given condoms so as to protect the soldiers from venereal disease, althoughmost soldiers refused to use them.
59.
The above statements confirm written information received by the Special
Rapporteur that leads her to believe that the system of sex slaves wasestablished and strictly regulated by the Japanese Imperial Army in asystematic way, as ordered by the army and civilian commands.
60.
The Special Rapporteur was also able to observe the scars and marks these
women referred to in their testimonies. When the Special Rapporteur consulted
Dr. Cho Hung Ok, the medical doctor in charge of caring for former "comfort
women" in Pyongyang, the doctor confirmed the physically and psychologicallygenerally weak state these women have been in for most of their lives as aresult of having had to endure multiple rapes on a daily basis for many years.
Dr. Cho further stressed that, in addition to the apparent physical scars thewomen have on their bodies, mental pain has tortured them throughout theirlives and was of much greater significance. She further testified that manyof the women suffer from lack of sleep, nightmares, high blood pressure andnervousness. Many of the women had to be sterilized since their reproductive
organs and urinary tracts were affected by sexually transmitted diseases.
61.
The Special Rapporteur, in addition to hearing testimonies, sought toidentify ways to settle the issue in a way which would be acceptable to theindividuals concerned and inquired, inter alia, what measures of compensation
the women victims were seeking and what their reaction was to the proposed
settlement by the Government of Japan by way of the Asian Peace and Friendship
Fund for Women. In this context, the Special Rapporteur would like to reflect
in detail the concrete demands made by the former "comfort women" who want
their voices to be heard by the international community and by the Governmentof Japan in particular. In response to questions raised by the Special
Rapporteur most former "comfort women" informed the Special Rapporteur that
the Government of Japan should:(a)Apologize individually to each of the surviving women for thesuffering they have had to endure. Women victims in the Democratic People’s
Republic of Korea also felt that an apology should also be extended to thepeople of the country through the Government, whereas their counterparts in
the Republic of Korea were largely of the opinion that individual letters of
apology to all surviving victims should be presented. In addition, mostvictims felt that the apologies made at the time of the mission ofPrime Minister Murayama were not sincere enough, especially because hisstatement had not been endorsed by the Japanese Diet;

E/CN.4/1996/53/Add.1
page 17(b)
Recognize that the drafting of approximately 200,000 Korean womenas military sexual slaves and the establishment of comfort houses for the useof the Japanese Imperial Army were carried out in a systematic and forciblemanner by and/or with the knowledge of the Government and the army command;(c)
Recognize that the systematic recruitment of women for purposes ofsexual slavery should be considered a crime against humanity, a grossviolation of international humanitarian law, and a crime against peace, as
well as a crime of slavery, trafficking in persons and of forced prostitution;(d)Accept moral and legal responsibility for such crimes;(e)
Pay compensation from governmental resources to the surviving
victims. For this purpose, it was suggested that the Government of Japan
should enact special legislation so as also to enable a settlement of
individual claims for compensation through civil law suits at Japanesemunicipal courts.
62.
In connection with payment of compensation, many women emphasized thatthe amount of compensation would not be as important as its symbolic meaning.
No mention of a particular amount of compensation was made to the Special
Rapporteur.
63.
Furthermore, many women requested that the Asian Peace and Friendship
Fund for Women, established by the Government of Japan, inter alia tocompensate former "comfort women" victims with contributions from civilian
sources, be withdrawn. The Fund is seen by most of the women concerned toconstitute a way for the Japanese Government to evade its legal State
responsibility for the acts carried out.
64.
In addition, the former "comfort women" are requesting the following
measures to be taken by the Government of Japan:(a)A thorough investigation into the historical facts of the issue of
military sexual slavery during the Second World War, including publicizing all
official documents and materials on the matter still existant in Japan and, inparticular, in official governmental archives;(b)
The amendment of Japanese history books and educational curricula
to reflect the historical facts which would have emerged from theinvestigation;(c)
The identification and prosecution, under Japanese domestic law, of
all perpetrators involved in the recruitment of military sexual slaves and theinstitutionalization of military sexual slavery.
65.
The Special Rapporteur would like to note that all surviving victims
called upon the Special Rapporteur and the United Nations system asinternational actors to bring about a suitable settlement of this question
through international pressure. A resort to the International Court ofJustice or the Permanent Court of Arbitration was mentioned on various
occasions.

E/CN.4/1996/53/Add.1
page 18

V.

POSITION OF THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA

66.
The team from the Centre for Human Rights, on behalf of the Special
Rapporteur, visited the Democratic People’s Republic of Korea in order to beable to understand fully the position of the Government on the recruitment of
Korean women as sexual slaves by the Japanese Imperial Army and to transmit
its views and demands to the Government of Japan in an attempt to further adialogue towards the settlement of the issue.
67.
The Government of the Democratic People’s Republic of Korea requests theGovernment of Japan to accept full responsibility under international law for
the crimes it committed and, on the basis of this legal responsibility,
apologize for all its acts so as to "liquidate and not hide any longer its
shameful past"; pay compensation to each individual surviving woman victim;
and identify and prosecute under national law all persons involved in the"comfort women" establishment.
68.
When asked about the legislative basis for the legal responsibility that
the Government of Japan should accept, Dr. Jong Nam Young, Director of theInstitute of Legal Studies of the Academy of Social Sciences in Pyongyang,
explained the legal interpretation of the Government of the Democratic
People’s Republic of Korea with regard to Japan’s liabilities underinternational law.
69.
In the first instance, it was argued that the forcible recruitmentof 200,000 Korean women as military sexual slaves, their severe sexual assault
and the killing of most of them in the aftermath should be considered a crime
against humanity. Furthermore, as the annexation of the Korean peninsula byJapan is considered not to have been attained through legal means 12/ andthe Japanese presence on the Korean peninsula is considered to haveconstituted a state of military occupation, the forcible recruitment of Korean
women as "comfort women" should also be considered a crime under international
humanitarian law, since these crimes were committed against civilians in an
occupied area. Secondly, it was contended that the establishment of a"comfort women" scheme, and in particular the forcible recruitment andcoercion into prostitution, is contrary to the 1921 International Convention
for the Suppression of the Traffic in Women and Children, which Japan had
ratified in 1925.
70.
Thirdly, it was argued that the system of military sexual slavery in thecase of "comfort women" is clearly inconsistent with the 1926 Slavery
Convention, which was considered declaratory of customary international law atthat time. Finally, the Special Rapporteur was informed that the act of
military sexual slavery should also be considered an act of genocide, in
accordance with the 1948 Convention on the Prevention and Punishment of the
Crime of Genocide, which is also argued to have represented generally accepted
norms of customary international law even before 1948. Dr. Jong Nam Yong held
the view that those acts committed by Japan were carried out with intent todestroy a particular national, ethnical, racial or religious group, causing
bodily or mental harm to members of the group, deliberately inflicting on thegroup conditions of life to bring about its physical destruction and imposing
measures intended to prevent births within the group, constituting genocide inaccordance with article II of the Genocide Convention.

E/CN.4/1996/53/Add.1
page 19

71.
The representatives of the Government of the Democratic People’s Republicof Korea pointed out that no diplomatic relations have been establishedbetween Japan and the Democratic People’s Republic of Korea as between Japanand the Republic of Korea. Therefore, in addition to the "comfort women"
issue, there remain other crucial issues, such as the question of forced
labour, to be settled between the two Governments which the Government of the
Democratic People’s Republic of Korea does not accept to have been settled
through the San Francisco Treaty or any other international agreement at theend of the war, as the Government of Japan contends.
72.
The Government of the Democratic People’s Republic of Korea also requests
the release of all remaining documents and materials that are still being kept
in the archives of the Government of Japan. On the basis of these documents,
Japan should carry out a thorough investigation into the historical facts of
the "comfort women" establishment and modify Japanese history books andcurricula accordingly.
73.
Concerning the question of compensation, the Special Rapporteur has notbeen provided with any details on an exact or envisaged amount that should be
paid. However, high-level officials of the Ministry for Foreign Affairs haveconfirmed that in addition to individual compensation payments to the few
surviving women victims, the payment of compensation is also demanded by theGovernment of the Democratic People’s Republic of Korea for all those killed
as a result of Japanese aggression. Some officials, however, also pointed outthat an apology extended by the Government of Japan to the Government of the
Democratic People’s Republic of Korea in addition to the individual surviving
victims would be much more important symbolically than the payment ofcompensation.
74.
Finally, the Government of the Democratic People’s Republic of Korea, as
well as academics, journalists and victims whom the investigative team met
during its visit, voiced their strong opposition to and rejection of the Asian
Peace and Friendship Fund. Specifically, the Fund is interpreted as being "aploy or trick to dodge the issue of State compensation". It was repeatedly
expressed that through the establishment of the Fund the Government of Japanis attempting to evade its legal responsibilities for the acts committed. The
establishment of the Fund and the initiatives by the Government of Japan tosolicit funds from the public for the payment of "atonement money" tosurviving victims are considered an insult to "victimized States", and theFund’s immediate withdrawal is requested.
75.
At all meetings in the Democratic People’s Republic of Korea, strong hopewas expressed that the Special Rapporteur and the United Nations, acting as amediator between the Governments concerned, would recommend to the Governmentof Japan to admit its responsibility and to agree to a settlement of the issue
through the International Court of Justice.
76.
In conclusion, the Special Rapporteur was able to conclude that all
sectors of society in the Democratic People’s Republic of Korea held a nearly
unanimous view on how the issue of military sexual slavery should be settled
and in that regard demands had been addressed to the Government of Japan.

E/CN.4/1996/53/Add.1
page 20VI.

POSITION OF THE GOVERNMENT OF THE REPUBLIC OF KOREA

77.
The Special Rapporteur visited the Republic of Korea in order to hear
testimonies of surviving women victims and to discuss possible ways ofsettling the "comfort women" issue with the extremely active network of
non-governmental organizations representing many former "comfort women", aswell as to understand the position of the Government of the Republic of Korea
towards the Government of Japan on this matter.
78.
The position of the Government of the Republic of Korea in relation to
Japan is different from that of the Democratic People’s Republic of Korea
since claims arising from the Japanese occupation of Korea during the war weresettled in the 1965 bilateral treaty between the Republic of Korea and Japan.
The Special Rapporteur noted, however, that the 1965 treaty only regulated
property claims and not personal damages. The Special Rapporteur questioned
governmental officials on whether the 1965 treaty, in their opinion,
sufficiently covered compensation for "comfort women" victims.
H.E. Mr. Ro Myung Gong, Minister for Foreign Affairs, underlined the fact thaton the basis of the 1965 Japanese-Korean treaty "normalizing" diplomatic
relations between the two countries, compensation was paid by the Japanese
Government for property damage incurred during the war. At that point, theissue of military sexual slaves had not been addressed. In March 1993,
following the first public articles about the issue, the President of the
Republic of Korea, Mr. Kim Young Sam, had made public assurances that theRepublic of Korea would not request any material compensation with regard tothe "comfort women" issue from the Government of Japan.
79.
Concerning the Government’s position with respect to Japan’s legal
obligations, the Special Rapporteur was told by high-ranking officials of the
Ministry of Justice and the Office of the Public Prosecutor that it was very
difficult to determine whether the Government of Japan actually had a legal
responsibility to compensate for crimes committed 50 years ago and whether or
not bilateral or international treaties concluded at the end of the war might
have also settled the issue of "comfort women". No objection, however, wasvoiced to the private lawsuits that individuals had filed at national Japanese
civil courts as a method of obtaining compensation.
80.
In that connection, the Special Rapporteur observed that, in contrast to
the position of the Government of the Democratic People’s Republic of Korea,
no demands for financial compensation had been made by the Government. The
Special Rapporteur also noted, however, that although no governmental demands
for compensation for "comfort women" victims had been requested, theGovernment of the Republic of Korea supported the activities of
non-governmental organizations and women’s groups defending the rights of thesurviving victims. In addition, the Special Rapporteur noted withsatisfaction that the Government, through the Ministry for Health and Welfare,
had implemented a "Living Support Act", enacted in 1993, which provides forfree medical care and living expenses for and otherwise protects former"comfort women".
81.
The Special Rapporteur was also informed that an official request for thedisclosure of all existing documents and facts related to the "comfort women"
scheme had been made by the Government of the Republic of Korea.

E/CN.4/1996/53/Add.1
page 2182.
In addition, the Special Rapporteur was informed that an official publicapology by Japan is requested "to restore the honour of the women victims",
for example by way of a personal letter from the Prime Minister of Japan toall surviving women victims.
83.
Concerning the position of the Government of the Republic of Korea on theestablishment of the Asian Peace and Friendship Fund for Women, H.E. theMinister for Foreign Affairs told the Special Rapporteur that it was felt that
the Fund was a sincere effort by the Government of Japan to accommodate thewishes of the Republic of Korea and the victims. Nevertheless, he supported
the activities of non-governmental organizations in this field and expressed
the hope that their demands would also be met.
84.
During her visit to the Republic of Korea, the Special Rapporteur
observed that, in contrast to the rather cautious position of the Government,
other sectors of society, such as politicians, academics, representatives of
non-governmental organizations and the women victims themselves, voiced muchstronger demands.
85.
Members of the National Assembly, including the Chairperson of theSpecial Parliamentary Committee on Women, as well as other parliamentarians,
informed the Special Rapporteur that the Foreign Affairs Committee of theAssembly had advised the Government of the Republic of Korea to request theGovernment of Japan to admit State responsibility for war crimes committed inconnection with military sexual slavery, to apologize officially and to pay
compensation accordingly. In addition, the revision of history textbooks andthe erection of a statue in memory of all women victims had been requested.
86.
In addition, the Special Rapporteur had ample opportunity to meet withmany representatives of non-governmental organizations and women’s groups
working on the issue of "comfort women". In particular, the Korean Council of
Women Drafted for Sexual Slavery by Japan, the Korean Association of Pacific
War Victims and Bereaved Families and the Korean Bar Association provided theSpecial Rapporteur with invaluable information.
87.
The position of these organs of civil society closely reflects thedemands made by the surviving victims themselves, including an official
apology by the Government of Japan, the admission of State responsibility for
war crimes committed "to restore the honour and dignity of all former comfort
women", the release of all documents and materials relating to the issue,compensation by the Government of Japan to be paid to individual surviving
victims, and the enactment by the Government of Japan of special legislation
so as to enable a settlement of individual claims for compensation throughcivil law suits at Japanese municipal courts.
88.
The Special Rapporteur also questioned the representatives of
non-governmental organizations on their views regarding the Asian Peace andFriendship Fund for Women. The Fund was also perceived by this group as a way
for the Government of Japan to evade its State responsibilities by soliciting
funds from private sources, and its unconditional withdrawal was requested.
The Special Rapporteur was informed that it is the raising of funds fromindividuals and elements of the civil society for compensation that causes thegreatest difficulty for the victims themselves and their advocates.

E/CN.4/1996/53/Add.1
page 2289.
Furthermore, the United Nations, as an international actor, wasrepeatedly requested to bring about a suitable settlement of this question
through international pressure, for example through the International Court ofJustice or the Permanent Court of Arbitration.
90.
It is also interesting to note that, in March 1995, the Federation of
Korean Trade Unions handed a request to the communications mechanism of theInternational Labour Organization requesting a settlement of the issue of"comfort women" on the basis of charges of forced labour, since the women were
not remunerated for their "work" as sex slaves.
VII.

POSITION OF THE GOVERNMENT OF JAPAN91.
In general, under international law, the rights of victims and thecriminal responsibility of perpetrators are seldom recognized. However, theserights and responsibilities are an integral part of contemporary internationallaw especially in the field of international humanitarian law.
92.
During the Special Rapporteur’s visit to Japan, the Government of Japansupplied the Special Rapporteur with documents which contain arguments against
certain demands made by former "comfort women" and by the international
community on their behalf. The Government felt itself to be under no legal
compulsion towards the victims, but only a moral obligation. Yet, it is thebelief of the Special Rapporteur that the Government of Japan has both a legal
and a moral obligation towards the women kept in military sexual slavery
during the Second World War.
93.
The Government of Japan admitted in August 1994 that "the then Japanesemilitary was directly or indirectly involved in the establishment andmanagement of comfort stations and the transfer of ’comfort women’". 13/ It
admitted the recruitment and the transportation of ’comfort women’ during theSecond World War. It also admitted that military personnel took part directlyin the recruitment, which was carried out against the will of thewomen 14/. It was further stated "that this was an act that severely
injured the honour and dignity of many women". 15/
94.
From documents provided during the visit to the Republic of Korea andJapan by non-governmental organizations and academics, it was clear that theJapanese Imperial Army during the Second World War was responsible for thesetting up of comfort stations, the use and operation of such stations as wellas the control and regulation of the stations. Detailed documents were
supplied which indicated that orders had been given by officers of theImperial Army concerning comfort stations. Photocopies of original orders
were also supplied containing special requests made by field officers for the
recruitment and transportation of comfort women. 16/
95.
The Special Rapporteur is absolutely convinced that most of the women
kept at the comfort stations were taken against their will, that the JapaneseImperial Army initiated, regulated and controlled the vast network of comfort
stations, and that the Government of Japan is responsible for the comfort
stations. In addition, the Government of Japan should be prepared to assume
responsibility for what this implies under international law.

E/CN.4/1996/53/Add.1
page 23

96.
The Government of Japan argues that the Geneva Conventionsof 12 August 1949 and other instruments of international law did not exist
during the period of the Second World War and, therefore, the Government is
not responsible for violating international humanitarian law. In this regard,
the Special Rapporteur would like to draw the attention of the Government ofJapan to the report of the Secretary-General relating to the establishment of
the International Criminal Tribunal for the former Yugoslavia (S/25704) whoseparagraphs 34 and 35 read as follows:"In the view of the Secretary-General, the application of theprinciple nullum crime sine lege requires that the international tribunal
should apply rules of international humanitarian law which are beyond any
doubt part of customary law so that the problem of adherence of some but
not all States to specific conventions does not arise ....
The part of conventional international humanitarian law which has
beyond doubt become part of international customary law is the law
applicable in armed conflict as embodied in the Geneva Conventions of
12 August 1949 for the Protection of War Victims: the Hague Convention(IV) Respecting the Laws and Customs of War on Land and the Regulations
annexed thereto of 18 October 1907; the Convention on the Prevention andPunishment of the Crime of Genocide of 9 December 1948; and the Charterof the International Military Tribunal of 8 August 1945."
97.
The Special Rapporteur holds, in accordance with the Secretary-General,that certain aspects of international humanitarian law are beyond any doubt
part of customary international law and that States may be held responsible
for the violation of these international humanitarian law principles eventhough they were not signatories to the particular convention.
98.
Article 27 of the Fourth Geneva Convention reiterates the principle thatrape during times of war is an international war crime. It states that "womenshall be especially protected against any attack on their honour, inparticular against rape, enforced prostitution, or any form of indecent
assault". The Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armies in the Field, which was in force in 1929 and which
Japan did not ratify, states clearly in article 3 that "prisoners-of-war areentitled to respect for their persons and honour. Women shall be treated withall consideration due to their sex ...."
99.
Article 6 (c) of the Charter of the International Military Tribunal andarticle 5 of the Charter of the Tokyo Tribunal define crimes against humanity
as murder, extermination, enslavement, deportation and other inhumane acts
committed against any civilian population before or during the war.
100. In this context, it is important that the International Law Commission in
its report on the work of the forty-sixth session stated that "the Commission
shares the widespread view that there exists the category of war crimes undercustomary international law. The category overlaps with but is not identicalto the category of grave breaches of the 1949 Geneva Conventions". 17/101. Even if it is considered that the 1949 Geneva Conventions are notevidence of customary international law because of ratione temporis and theE/CN.4/1996/53/Add.1
page 24

1929 Geneva Convention is not applicable because Japan was not a signatory,
Japan was a party to the Hague Convention and Annexed Regulations concerning
the Laws and Customs of War on Land of 1907. The Regulations are notapplicable if all belligerents are not parties to the Convention (art. 2) but
its provisions would be a clear example of customary international law
operating at that time. Article 46 of the Hague Regulations places on States
the obligation to protect family honour and rights. Family honour has beeninterpreted to include the right of women in the family not to be subjected tothe humiliating practice of rape.
102. Japan ratified the International Agreement for the Suppression of theWhite Slave Traffic of 1904, the International Convention for the Suppressionof the White Slave Traffic of 1910 and the International Convention for the
Suppression of the Traffic in Women and Children of 1921. However, Japan
exercised its prerogative under article 14 of the 1921 Convention to declarethat Korea was not included in the scope of the Convention. However, thiswould imply that all non-Korean "comfort women" would have the right to claimthat Japan had violated its obligation under this Convention. The
International Commission of Jurists 18/ argues that once Korean women weretaken from the peninsula into Japan, as was done in many cases, the Convention
became applicable to them. This implies that in many cases, even with regard
to Korean women, Japan violated international obligations arising under thisConvention. It is also argued that the Convention was evidence of customaryinternational law in existence at that time.
103. The Government of Japan states in documents handed to the Special
Rapporteur that even if there were to exist responsibilities underinternational law, these responsibilities had been met by the San Francisco
Peace Treaty, 19/ and other bilateral peace treaties and international
agreements dealing with reparations and/or settlement of claims. The
Government of Japan argues that, with these agreements, it has sincerely
fulfilled its obligations and that all issues of reparations and claims havebeen settled between Japan and the parties to the above-mentioned agreements.
104. Also in documents supplied to the Special Rapporteur, the Government ofJapan argues that article II (1) of the Agreement on the Settlement of
Problems Concerning Property and Claims and on Economic Cooperation between
Japan and the Republic of Korea (1965) 20/ confirmed "that the problem
concerning property, rights and interests of the two Contracting Parties andtheir nationals ... is settled completely and finally". Article II (3)stipulates that "no contention shall be made with response to the measures onproperty, rights and interests of either Contracting Party and its nationals
which are within the jurisdiction of the other Contracting Party". In fact,
the Government points out, a total amount of US$ 500 million was paid.
105. Basically, the Government of Japan takes the firm stand that all claims
have been settled under bilateral treaties and that Japan is not legally boundto pay compensation to individual victims.
106. The Government of Japan also points to article 14 (a) of the
San Francisco Peace Treaty of 1951, which states: "It is recognized thatJapan should pay reparations to the Allied Powers for the damage and suffering
caused by it during the war. Nevertheless, it is also recognized that theE/CN.4/1996/53/Add.1
page 25

resources of Japan are not presently sufficient, if it is to maintain a viableeconomy, to make complete reparation for all such damage and suffering and at
the same time meet its other obligations ...".
107. The International Commission of Jurists, in its report of a mission on"comfort women" published in 1994, 21/ states that the treaties referred toby the Japanese Government never intended to include claims made byindividuals for inhumane treatment. It argues that the word "claims" was notintended to cover claims in tort and that the term is not defined in theagreed minutes or the protocols. It also argues that there is nothing in thenegotiations which concerns violations of individual rights resulting from war
crimes and crimes against humanity. The International Commission of Jurists
also holds that, in the case of the Republic of Korea, that the 1965 treaty
with Japan relates to reparations paid to the Government and does not include
claims of individuals based on damage suffered.
108. The Special Rapporteur is of the view that neither the San Francisco
Peace Treaty nor the bilateral treaties were concerned with human rights
violations in general or military sexual slavery in particular. The "intent"of the parties did not cover the specific claims made by "comfort women" andthe treaties were not concerned with human rights violations of women during
the conduct of the war by Japan. It is, therefore, the conclusion of theSpecial Rapporteur that the treaties do not cover the claims raised by former
military sexual slaves and that the Government of Japan remains legally
responsible for the consequent violations of international humanitarian law.
109. Documents submitted to the Special Rapporteur by the Government of Japan
state that according to a conventional theory of international law, an
individual cannot be a subject of rights or duties in international law asinternational law regulates, in principle, the relations between States,
unless recognized by treaties.
110. It is the view of the Special Rapporteur that international human rights
instruments are examples of individual rights recognized by international law.
Article 1 of the Charter of the United Nations, for example, includes as oneof the Purposes of the United Nations cooperation in "promoting andencouraging respect for human rights and fundamental freedoms". The Universal
Declaration of Human Rights, as well as the International Covenant on Civil
and Political Rights and the International Covenant on Economic, Social andCultural Rights, define the rights of the individual vis-à-vis the State and,
therefore, are further evidence that the individual is often the subject ofinternational law and entitled to its protection.
111. The Government of Japan has also expressed concern about international
human rights organizations discussing the duty under international law toprosecute and punish perpetrators. There is an understanding that this is nota general obligation of States. The question of impunity is not recognized asa substantive issue. Yet, neither the Nürnberg Trials nor the Tokyo Tribunal
at the end of the Second World War granted a general amnesty for those who
committed war crimes. Prosecution of individuals for war crimes is apossibility that still exists under international law.

E/CN.4/1996/53/Add.1
page 26112. It is also important to note that members of the armed forces are boundto obey lawful orders only. They cannot escape liability if obeying acommand, they commit acts which violate the rules of warfare and international
humanitarian law.
113. As noted above, crimes against humanity have been defined as murder,
extermination, enslavement, deportation and other inhumane acts committed
before or during the war. The abduction and systematic rape of women and girlchildren in the case of "comfort women" clearly constitutes an inhumane act
against the civilian population and a crime against humanity. It is up to theGovernment of Japan to apply due diligence to initiate prosecution of those
responsible for the establishment and running of comfort stations. The time
elapsed and the paucity of information may make this difficult but it is,nevertheless, the duty of the Government to attempt prosecution wherever it ispossible.
114. It follows from the opinion of the Government of Japan that individuals
have no rights under international law, that individuals have no right tocompensation under international law and that any form of reparation ascompensation exists between States only.
115. Article 8 of the Universal Declaration of Human Rights states that"everyone has the right to an effective remedy by the competent national
tribunals for acts violating the fundamental rights granted him by theconstitution or by law". The International Covenant on Civil and Political
Rights also states, in Article 2 (3), that any person claiming an effective
remedy shall have his right thereto determined by competent judicial,administrative or legislative authorities or by any other competent authority
provided for by the legal system of the State, so that the right of theindividual to an effective remedy is an international norm.
116. All human rights instruments also address the question of an effective
remedy for breaches of international human rights law; individual persons andgroups of persons whose rights have been violated are recognized to have theright to an effective remedy, including the right to compensation.
117. The right to appropriate compensation under international law is anotherwell-recognized principle. As the Special Rapporteur noted in her preliminary
report, the Chorzow Factory case establishes the principle of law that any
breach of an engagement invokes an obligation even though the precise amountof loss cannot be established. 22/
118. The Commission on Human Rights has also expressed an interest inclarifying the problem of the right of the individual to compensation. In its
resolution 1995/34, it encouraged the Sub-Commission on Prevention ofDiscrimination and Protection of Minorities to give consideration to the
proposed basic principles and guidelines which were being elaborated by theSpecial Rapporteur of the Sub-Commission on the right to restitution,compensation and rehabilitation for victims of grave violations of humanrights and fundamental freedoms, as contained in his final report(E/CN.4/Sub.2/1993/8, chap. IX).

E/CN.4/1996/53/Add.1
page 27119. In paragraph 14 of his report, the Special Rapporteur states that "itcannot be denied that both individuals and collectivities are often victimized
as a result of gross violations of human rights". He also provides a detailed
discussion of the right of individuals to an effective remedy and tocompensation in the framework of existing international law. The Universal
Declaration of Human Rights, the International Covenant on Civil and Political
Rights, the Declaration on the Elimination of All Forms of Racial
Discrimination, the American Convention on Human Rights, the European
Convention for the Protection of Human Rights and Fundamental Freedoms, theConvention against Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, the Declaration on the Protection of All Persons from Enforced
Disappearance, ILO Convention No. 169 on Indigenous and Tribal Peoples in
Independent Countries and the Convention on the Rights of the Child are allcited in the report. These international instruments recognize and accept
that an individual has a right to an effective remedy and compensation underinternational law.
120. The Special Rapporteur, in the proposed basic principles and guidelines
concerning reparation to victims of gross violations of human rights, statesthat "every State has a duty to make reparation in case of a breach of theobligation under international law to respect and to ensure respect for humanrights and fundamental freedoms. The obligation to ensure respect for humanrights includes the duty to prevent violations, the duty to investigate
violations, the duty to take appropriate action against the violators, and the
duty to afford remedies to victims". 23/
121. Also in the proposed principles and guidelines, it is stated that
reparation should respond to the needs and wishes of victims, be proportionate
to the gravity of the violations and shall include restitution, compensation,
rehabilitation and satisfaction and guarantees of non-repetition. These formsof reparation are defined as follows:(a) Restitution implies the re-establishment of the situation thatexisted for the victim prior to the violations of human rights requiring,inter alia, restoration of liberty, citizenship or residence, employment andproperty;(b) Compensation applies to any economically assessable damage resulting
from human rights violations, such as physical or mental harm; pain, sufferingand emotional distress; lost opportunities, including education; loss ofearnings and earning capacity; reasonable medical and other expenses ofrehabilitation; harm to property or business; harm to reputation or dignity;
and reasonable costs and fees of legal or expert assistance to obtain aremedy;(c) Rehabilitation implies the provision of legal, medical,
psychological and other care, as well as measures to restore the dignity andreputation of victims;(d) Satisfaction and guarantees of non-repetition include the cessationof continuing violations; verification of facts and full and public disclosureof the truth; apology, including public acknowledgement of facts andacceptance of responsibility; bringing to justice the persons responsible forE/CN.4/1996/53/Add.1
page 28

the violations; commemorations and paying tribute to the victims; inclusion ofan accurate record of human rights violations in educational curricula andmaterials. 24/
122. The Special Rapporteur adds that reparations may be claimed by the direct
victims and, where appropriate, the immediate family dependents or otherpersons having a special relationship to the direct victim. Also, in addition
to providing reparations to individuals, States shall make adequate provision
for groups of victims to bring collective claims and to obtain collective
reparation.
123. The basic claim by the Government of Japan that any attempt at asserting
legal responsibility would imply retrospective application is met by theargument that international humanitarian law is part of customaryinternational law. In this regard, it may be appropriate to note
article 15 (2) of the International Covenant on Civil and Political Rights,
which states: "Nothing in this article shall prejudice the trial andpunishment of any person for any act or omission which, at the time when it
was committed, was criminal according to the general principles of law
recognized by the community of nations."
124. The argument that there must be a statute of limitations and thatnearly 50 years have passed since the end of the Second World War is also
inappropriate. Criminal law, policy and practice do not recognize statutes oflimitation in deference to victims’ rights. In this connection, the Special
Rapporteur on the right to restitution states in his report that "statutes oflimitations shall not apply in respect to periods during which no effective
remedies exist for human rights violations. Claims relating to reparations
for gross violations of human rights shall not be subject to a statute oflimitations". 25/
VIII.

MORAL RESPONSIBILITY

125. The Government of Japan has not accepted legal responsibility but in manystatements appears to accept moral responsibility for the existence of"comfort women" during the Second World War. The Special Rapporteur considers
this a welcome beginning. Documents handed to the Special Rapporteur by theGovernment of Japan included statements and appeals accepting moral
responsibility for the problems of the so-called "comfort women". The
statement made by Chief Cabinet Secretary Yohei Kono on 4 August 1993 accepted
the existence of comfort stations, as well as the direct or indirect
involvement of the then Japanese military in the establishment and managementof the comfort stations and that, although recruitment was carried out byprivate recruitment, it was done at the request of the military. His
statement further recognized that, in many cases, "comfort women" wererecruited against their will and had to live in misery at comfort stations ina "coercive atmosphere".
126. The Government of Japan "sincerely apologizes and [expresses its] remorse
to all those, irrespective of place of origin, who suffered immeasurable pain
and incurable psychological wounds". In that statement, the Government ofE/CN.4/1996/53/Add.1
page 29

Japan expressed its "firm determination never to repeat the same mistake andthat they would engrave such issues through the study and teaching of
history".
127. It was also announced to the public that as a result of the discussions
between President Roh Tae Woo of the Republic of Korea and Prime Minister
Miyazawa of Japan, a special study was commissioned by the Government ofJapan. Former military personnel and former "comfort women" were present at
in-depth hearings conducted by the Government of Japan. Important government
institutions were also covered by the study, including the National Police
Agency and the Defence Agency.
128. On 5 July 1992, the Government of Japan announced the results of thestudy as conducted up to that time, a document which was also given to theSpecial Rapporteur. It stated that "comfort stations were established invarious locations in response to the request of military authorities at thetime". It claimed that "comfort stations existed in Japan, China, thePhilippines, Indonesia, the then Malaya, Thailand, the then Burma, the then
New Guinea, Hong Kong, Macao and the then French Indo-China". It accepted thefact that the Japanese military directly operated comfort stations. "Even in
those cases where the facilities were run by private operators, the thenJapanese military was involved directly in the establishment and management of
comfort stations by such means as granting permissions to open the facilities,
equipping the facilities, drawing up the regulations for the comfort stations
that set the hours of operation and tariff and stipulated such matters as
precautions for the use of the facilities."
129. The document also stated that "these women were forced to move with themilitary under constant military control and that they were deprived of theirfreedom and had to endure misery". The study came to the conclusion that,
although recruitment in many cases had been carried out by private operators,
the recruiters resorted to "coaxing and intimidating" these women who wererecruited "against their will". The study further states that there werecases where administrators and military personnel took direct part in the
recruitment. Finally, the study states that the Japanese military approved
and organized the transport of "comfort women" and that the Japanese
Government issued certificates of identification.
130. Individual members of the Government of Japan have expressed theirremorse. In a statement issued on 31 August 1994, Prime Minister
Tomiichi Murayama stated "on the issue of wartime ’comfort women’, which
seriously stained the honour and dignity of many women, I would like to takethis opportunity once again to express my profound and sincere remorse andapologies". In the same context, he announced the Asian Peace, Friendship andExchange Initiative to coincide with the fiftieth anniversary of the end of
the Second World War. The Initiative would lead to support for research andthe establishment of an Asian Historical Documentation Centre so that people
can "face squarely the fact of history". It would also provide for thesetting up of exchange programmes to promote dialogue and mutual understanding
between Japan and the countries of the region. Though not aimed at "comfort
women" in particular the Initiative was said to be based on the Prime
Minister’s "profound remorse for acts of aggression".

E/CN.4/1996/53/Add.1
page 30

131. Finally, Chief Cabinet Secretary Kozo Igarashi issued a statement
on 14 June 1995 as follow-up to Prime Minister Murayama’s statement, sayingthat in accordance with the discussions of the Ruling Parties Project Team for
Fiftieth Anniversary Issues, and based on "remorse" for the past, there would
be an attempt to set up an Asian Peace and Friendship Fund for Women. The
responsible officials in the Office of the Prime Minister explained to theSpecial Rapporteur the detailed workings of the Fund, the principal objectivesof which go beyond the payment of compensation to surviving women victims toinclude:(a)
Raising of funds from the private sector as a means to enact theJapanese people’s "atonement" for the suffering of former wartime sexual
slaves;(b)
Supporting projects in the field of medical care and welfare insupport of former "comfort women" victims from governmental and other sources;(c)
Through the implementation of the Fund’s projects, the Government
would express its feelings of remorse and sincere apology to all former"comfort women" victims;(d)Collating historical documents on the "comfort women" establishment
in order "to serve as a lesson of history". The Special Rapporteur learned
that these and other documents relating to modern Asian history will be
exhibited publicly in a proposed Centre for Modern Japan-Asia Relations;(e)Support projects by non-governmental organizations in the Asian
region and, in particular, in countries from which "comfort women" victims
were drawn, in the field of the elimination of contemporary forms of violenceagainst women, such as trafficking and prostitution.
132. The Special Rapporteur inquired as to the purpose of raising money fromthe public for the Fund. She was informed that, as announced by Chief Cabinet
Secretary Igarashi on 14 June 1995, the establishment of the Fund should beconstrued as an effort by the Government of Japan, together with the Japanesepeople, "to find an appropriate way to enable a wider participation of thepeople to share feelings of apology and remorse". The Fund is, in addition,
intended to promote mutual understanding with the countries and areas
concerned by the issue of "comfort women", as well as for the Japanese people"to face squarely the past and to ensure that it is rightly conveyed to the
future generations". This is why the Government has decided to seek funding
from private sources for the Fund. The Government has itself earmarked
500 million yen (approximately US$ 5.7 million) to cover the administrative
costs of the Fund, as well as to finance medical and social welfare programmes
for women victims, as referred to above.
133. Since her visit to Japan the Special Rapporteur has received additional
information from the Government of Japan, according to which a total of
US$ 1 million had been received, as at the time of writing, in donations,mostly from individuals. The Special Rapporteur has also been informed that
trade unions, enterprises and private institutions are expected to contributeto the fund-raising process and that the Fund will receive a legal personality
and the status of a non-profit organization.

E/CN.4/1996/53/Add.1
page 31134. In the light of the above, the Special Rapporteur sees the Fund, as
created, as an expression of the Japanese Government’s moral concern for thefate of "comfort women". However, it is a clear statement denying any legal
responsibility for the situation of these women and this is reflected inparticular in the desire to raise funds from the private sector. Although theSpecial Rapporteur welcomes the initiative from a moral perspective, it must
be understood that it does not vindicate the legal claims of "comfort women"
under public international law.
135. The Special Rapporteur notes with interest the information received that
the Government of Japan intends to contribute to a programme of work on
violence against women by the United Nations Development Fund for Women. Thisis most welcome and displays a commitment to the general principles ofinternational law which protects women victims of violence.
IX.

RECOMMENDATIONS

136. The Special Rapporteur wishes to make the following recommendations which
aim at the discharge of her mandate in a spirit of cooperation with theGovernments concerned and at trying to understand the phenomenon of militarysexual slavery in wartime within the wider framework of violence against
women, its causes and consequences. The Special Rapporteur counts, inparticular, on the cooperation of the Government of Japan, which has alreadyshown, in discussions with the Special Rapporteur, its openness andwillingness to act to render justice to the few surviving women victims of
military sexual slavery carried out by the Japanese Imperial Army.
A.
137.

At the national level

The Government of Japan should:(a) Acknowledge that the system of comfort stations set up by theJapanese Imperial Army during the Second World War was a violation of its
obligations under international law and accept legal responsibility for that
violation;(b) Pay compensation to individual victims of Japanese military sexual
slavery according to principles outlined by the Special Rapporteur of the
Sub-Commission on Prevention of Discrimination and Protection of Minorities on
the right to restitution, compensation and rehabilitation for victims of grave
violations of human rights and fundamental freedoms. A special administrative
tribunal for this purpose should be set up with a limited time-frame since
many of the victims are of a very advanced age;(c) Make a full disclosure of documents and materials in its possession
with regard to comfort stations and other related activities of the JapaneseImperial Army during the Second World War;(d) Make a public apology in writing to individual women who have comeforward and can be substantiated as women victims of Japanese military sexual
slavery;E/CN.4/1996/53/Add.1
page 32(e) Raise awareness of these issues by amending educational curricula toreflect historical realities;(f) Identify and punish, as far as possible, perpetrators involved in
the recruitment and institutionalization of comfort stations during the Second
World War.
B.

At the international level

138. Non-governmental organizations working at the international level should
continue to raise these issues within the United Nations system. There should
also be an attempt to seek an advisory opinion of the International Court ofJustice or the Permanent Court of Arbitration.
139. The Governments of the Democratic People’s Republic of Korea and theRepublic of Korea may consider requesting the International Court of Justice
to help resolve the legal issues concerning Japanese responsibility andpayment of compensation for the "comfort women".
140. The Special Rapporteur urges the Government of Japan in particular totake into account and act upon the above recommendations at the soonest
possible time, bearing in mind the advanced age of the surviving women, as
well as the fact that 1995 is the fiftieth anniversary of the ending of theSecond World War. The Special Rapporteur feels that not only have fifty years
passed since the end of the war but that it is time to restore the dignity of
those women who have suffered so much.
Notes
1/ G. Hicks, "Comfort women, sex slaves of the Japanese Imperial Force",
Heinemann Asia, Singapore, 1995, pp. xiii, 24, 42 and 75.
2/

Ibid., p. 23.

3/

Ibid., p. xvi.

4/

Ibid., p. 115.

5/

Ibid., p. 19.

6/Ibid., p. 29.

7/

Ibid., pp. 20, 21, 22 and generally.

8/ Ibid., pp. 23-26 (and elsewhere in the testimonies of the "comfort
women" themselves).
9/

Ibid., p. 25.

10/ Yoshida Seiji, My War Crimes:
Tokyo, 1983.

the Forced Draft of Koreans,E/CN.4/1996/53/Add.1
page 33

11/

Ibid., pp. 24-25.

12/
The Special Rapporteur notes that the Government of the Democratic
Peoples Republic of Korea does not consider the 1905 "Ulsa Five-Point Treaty"
and the 1910 "Treaty of Annexation" legally valid.
13/

Statement by Chief Cabinet Secretary on 4 August 1993.

14/

Ibid.

15/

Ibid.

16/ See documents submitted by Professor Yoshiaki Yoshimi to the Special
Rapporteur, which are available for consultation.
17/ Report of the International Law Commission on the work of its
forty-sixth session, Official Records of the General Assembly, Forty-ninth
session, Supplement No. 10 (A/149/10), para. 10, p. 74.
18/ U. Dolgopol and S. Paranjape, Comfort Women:
International Commission of Jurists, Geneva, 1994.

an Unfinished Ordeal,

19/ Putchard and Zaide (eds.), The Tokyo War Crimes Trial, vol. 20,
New York, Garland, 1981.
20/

United Nations Treaty Series, vol. 583, No. 8473, p. 258.

21/

Dolgopol and Paranjape, op. cit. p. 168.

22/
p. 29.

Permanent Court of International Justice (P.C.I.J.), Sect. A, No. 17,23/E/CN.4/Sub.2/1993/8, p. 56, para. 2.

24/

Ibid., p. 57, paras. 9 to 11.

25/

Ibid., p. 58, para. 15.

E/CN.4/1996/53/Add.1
page 34

Annex
LIST OF PRINCIPAL PERSONS/ORGANIZATIONS THE SPECIAL RAPPORTEUR
CONSULTED DURING HER MISSION

Pyongyang
H.E. Mr. Kim Yong Nam

Minister for Foreign Affairs

Mr. Ri Hung Sik

Acting Director, Department of International
Organizations, Ministry of Foreign Affairs

Mr. Chang Myong Sik

Section Chief, Department of International
Organizations, Ministry of Foreign Affairs

Mr. Ho Sok Chil

Researcher, 14th Department, Ministry of Foreign
Affairs

Mr. Li Mong Ho

Secretary-General, Standing Committee of the Supreme
People’s Assembly
Chairman, Committee of the Democratic People’s
Republic of Korea for the Investigation of Damage
caused by the Japanese Imperialists during theirOccupation of Korea

Mr. Sim Hyong Il

Member, Standing Committee of the Supreme People’s
AssemblyDr. Li Jong Hyon

History Research Institute, Academy of Social
Sciences

Dr. Chong Nam Yong

Law Institute, Academy of Social Sciences

Dr. Kim Dok Ko

Lecturer, Grand People’s Study House

Ms. Chong Chun Gyong

Korean Committee for Cultural Relations with Foreign
Countries
Secretary-General, Korean Democratic Lawyers’
Association

Mr. Wi Chong SongTV General Bureau, Central Broadcasting Commission

Ms. Li Un Sim

Journalist, "Rodong Sinmun" Publishing House

Mr. Ri Song Ho

Chairman, Committee on the Measures for Compensation
to the Former Korean Comfort Women for the JapaneseArmy and the Pacific War Victims (COCOPA)

Ms. Pak Song Ok

COCOPAE/CN.4/1996/53/Add.1
page 35

Ms. Chong Ok Sun )Ms. Pak Yong Sim )Ms. Chang Su Wol )Ms. Hwang So Gyun)

Former"comfort women"

Dr. Cho Hong Ok

Neurologist, Kim Man Yu Hospital

Seoul
H.E. Mr. Gong Ro Myung

Minister for Foreign Affairs

Mr. Lee Jae Choon

Assistant Minister, Ministry for Foreign Affairs

Mr. Jae Hong Lim

Director, Human Rights and Social Affairs Division,
Ministry for Foreign Affairs

H.E. Ms. Kim Jung Ja

Vice-Minister, Ministry for Political Affairs II

Mr. Choi Jung Sun

Assistant Minister for Social Welfare Policy,
Ministry for Health and Welfare

Mr. Kim Soo Jang

Chief Public Prosecutor, Ministry of Justice

Mr. Won Yong Bok

Director, Human Rights Division, Ministry of Justice

Ms. Lee Oo Chung

Chairperson, Special Committee on Women, National
Assembly

Mr. Chang Young Dal

Member, National Assembly

Mr. Kim Deog Ryong

Member, National Assembly

Mr. Yoon Mee Hyang
Ms. Heisoo Shin

Korean Council for the Women Drafted for Sexual
Slavery by Japan

Ms. Lee Ho Chae

Korean Women’s Centre for Social Research

Mr. Kim Sung Nam

Secretary-General, Korean Bar Association

Mr. Ha Kyung Chull

Korean Bar Association

Mr. Lee Ju-Wan

Secretary-General, Federation of Korean Trade Unions

Rev. Kim Dong Wan

National Council of Churches in Korea

Ms. Yang Soon Im

Executive Director, Korean Association of Pacific
War Victims and Bereaved Families

Prof. Kang )Prof. Chung)Historians

E/CN.4/1996/53/Add.1
page 36

Ms. Kang Duk Kyung)
Ms. Kim Sun Dok)
Ms. Kim Sang Hi)
Ms. Sun Ai Kang)
Ms. Kim Bok Sun)
Ms. Son Pan Yim)
Ms. Mun Pil Gi)
Ms. Kim Kyung Soon)
Ms. Hwang Kum Ju )Ms. Lee Yong Su)
Ms. Sim Mi Ja)

Former "comfort women"

Mr. Jin Hae

Buddhist monk, caretakerMs. Kwon Hee Soon

Caretaker

Tokyo
Mr. Kozo Igarashi

Chief Cabinet Secretary, Office of the Prime
MinisterMs. Haniwa Natori

Cabinet Councillor for Gender Equality, Office of
the Prime Minister

Mr. Tanino

Director, Cabinet Councillor’s Office for External
Affairs, Office of the Prime Minister

Mr. Yoshiki Mine

Cabinet Councillor, Office of the Prime Minister

Mr. Kawashima

Director-General, Asian Affairs Bureau, Ministry for
Foreign Affairs

Mr. Takano

Director-General, Multilateral Cooperation
Department, Ministry for Foreign Affairs

Mr. Tsukasa Kawada

Director, Human Rights and Refugee Division,
Ministry for Foreign Affairs

Mr. Makoto Mitzutani

Director, Regional Policy Division, Ministry for
Foreign Affairs

Mr. Koji Tsuruoka

Director, Legal Affairs Division, Ministry for
Foreign Affairs

Mr. Huruta

Assistant Vice-Minister of Justice, Ministry ofJustice

Mr. Misao Akagiri

Vice-President, House of Councillors

Ms. Takako Doi

Speaker, House of Representatives

E/CN.4/1996/53/Add.1
page 37

Mr. Kosuke Uehara

Chairperson, Coalition "Post-War 50-years Project",
House of Representatives

Mr. Shoji Motooka

Member, House of Councillors

Mr. Kohken Tsuchiya

President, Japan Federation of Bar Associations

Mr. Etsuro Totsuka

Member, JFBA

Mr. Hong Sang Jin

The Investigation Team on Truth about Forced Korean
Labourers in Japan

Representatives of

Action Network in Japan on the Issue of Military
Sexual Slavery by Japan

Ms. Makiko Arima-Sakirai

Yokohama Women’s Forum

Prof. Yoshiaki Yoshimi

Chuo University, Tokyo

Mr. Satoshi Uesugi
Prof. Shinichi Arai

Centre for Research and Documentation on Japan’s
War Responsibility

Dr. Ikuhiko Hata

Chiba University, Tokyo

Ms. Yoko Hayashi

Attorney-at-law, proponent of the Asian Peace andFriendship Fund for Women

Ms. Soo Shiin Do

Former "comfort woman"

Mr. Nagatomi Hakudo

Former member of the Military Police of the JapaneseImperial Army-----