Japanese Court Orders Pyongyang to Compensate Survivors of Deceptive Repatriation Programme
A Japanese court has delivered a landmark ruling, holding North Korea legally responsible for human rights violations against four individuals who were lured to the country under false pretences. The Tokyo District Court ordered the North Korean government to pay substantial damages to the plaintiffs, who endured decades of hardship after being deceived by promises of a "paradise on Earth."
Groundbreaking Legal Decision on Human Rights Abuses
On Monday, the Tokyo District Court ruled that North Korea must pay 22 million yen (approximately $143,000) to each of the four plaintiffs, totalling 88 million yen ($572,000). The court found that the individuals, comprising both ethnic Koreans and Japanese nationals, were victims of a systematic deception orchestrated by Pyongyang and its affiliated organisations.
Judge Taiichi Kamino stated that the plaintiffs lived under severe conditions for decades, deprived of fundamental freedoms. "It's not an overstatement to say most of their lives were ruined by North Korea," he declared, emphasising the profound impact of the regime's actions. The ruling represents a significant legal acknowledgment of North Korea's human rights violations, though enforcement remains a considerable challenge.
Decades of Suffering Under False Promises
The case centres on a repatriation programme that ran from 1959 to 1984, during which North Korea, with the assistance of the pro-North organisation Chongryon in Japan, falsely advertised a life of prosperity. Tens of thousands of ethnic Korean residents of Japan and their families were enticed with promises of:
- Free healthcare and education
- Guaranteed employment and other benefits
- A purported "paradise on Earth" in North Korea
Upon arrival, however, the plaintiffs were subjected to harsh living conditions and were effectively trapped, unable to return home for decades. One plaintiff, Eiko Kawasaki, now 83, spent 43 years in North Korea after boarding a ship in 1960, only managing to defect back to Japan via China in 2003.
Complex Legal Journey and Ongoing Challenges
The legal battle began in 2018 when five plaintiffs filed a lawsuit seeking compensation for "illegal solicitation and detainment." The case has undergone several judicial reviews:
- Initially, the Tokyo District Court acknowledged the deception but rejected compensation claims in 2022, citing jurisdictional issues and the statute of limitations.
- On appeal, the Tokyo High Court ruled in 2023 that North Korea violated fundamental rights and that Japan had jurisdiction, sending the case back to the lower court.
- The latest ruling orders damages, but with no diplomatic relations between Japan and North Korea, enforcement is uncertain.
Kenji Fukuda, a lawyer for the plaintiffs, noted the symbolic importance of the decision while acknowledging practical hurdles. "The ruling is just a piece of paper and getting the compensation money is a challenge," he stated, suggesting that seizing North Korean assets in Japan might be one potential avenue.
Brother Implications and Calls for Action
The plaintiffs and human rights advocates view the ruling as a pivotal first step. Kawasaki described it as "just a start," expressing scepticism that North Korea, under Kim Jong Un, would comply. She also called for accountability from Chongryon and an apology from the Japanese government regarding the repatriation deal, despite Japan not actively promoting the programme.
Kane Doi, Japan director at Human Rights Watch, urged the Japanese government to leverage the ruling to pressure North Korea into taking responsibility, facilitating the resettlement of other victims and their families in Japan. This case highlights the ongoing plight of the approximately 150 individuals who have returned to Japan from North Korea, out of over 93,000 who participated in the repatriation programme.
Historical Context and Enduring Discrimination
The repatriation programme was initiated in 1959 as North Korea sought to replenish its workforce after the Korean War. The Japanese government, viewing ethnic Koreans as outsiders, facilitated the travel arrangements. This historical episode is rooted in Japan's colonial past, where Koreans were subjected to forced labour during the 1910-1945 occupation.
Today, about half a million ethnic Koreans reside in Japan, many facing persistent discrimination. The court's decision not only addresses individual grievances but also underscores broader issues of justice and human rights for marginalised communities, resonating with calls for redress similar to those concerning Japanese citizens abducted by North Korea in the 1970s and 1980s.
