A gist of the joint communique and agreement for voluntary repatriation of Koreans from Japan to North Korea
Joint Communique
At the talks held between the Japan Red Cross Society and the Red Cross Committee of the Democratic people's Republic of Korea from April 13 to June 24, 1959 regarding the problem of the voluntary repatriation of Koreans in Japan, the views of both sides came to a perfect agreement. Consequently, the agreement between the Japan Red Cross Society and the Red Cross Committee of the Democratic People's Republic of Korea regarding the voluntary repatriation of Koreans in Japan, together with the annex thereto, has been signed.
The Red Cross delegations of Japan and Korea take this opportunity to express their deep gratitude to the International Committee of the Red Cross for making its room available to the above talks.
Agreement
With a view to realizing the repatriation of Koreans in Japan by their freely expressed will based on the freedom of choice of residence and the principles of the Red Cross, the Japanese Red Cross Society and the Red Cross of the Demoractic People's Republic of Korea agree as follows:
Article 1 Returnees shall be Koreans in Japan, including Koreans who have acquired Japanese nationality, who wish repatriation, their spouses, including those
The nature of the problem of voluntary repatriation to North Korea of Korean residents in Japan, the Japanese Government 's basic position and its policy relating to the disposition of this problem, and the problem, and the negotiations at Geneva between the Red Cross Societies of Japan and Korea
1. This problem is one of voluntary return in accordance with the free will of the individual and not one of repatriation of Koreans by the Japanese Government, much less deportation against their will. This should be kept in mind in discussing the disposition of this problem or making a fair judgment on it.
The Japanese Government has consistently pursued a policy of permitting the voluntary exit of an alien regardless of the destination he chooses, when such alien desires to leave Japan of his free will.
However, in view of the special circumstances of the present case, such as that there have been movements fomass return to North Korea and counter-movements and that the Japanese Government is obliged to afford necessary facilities to Korean repatriates from a humanitarian viewpoint because this is a collective repatriation of a large number of Koreans, many of whom are destitute, the Japanese Government has decided, on its own initiative, to go beyond the limit of its normal responsibility and take special measures for safeguarding the freedom of will and maintaining impartiality of the repatriation work as much as practicable.
Thus, the Japanese Government decided to entrust the repatriation work to the Japanese Red Cross Society and to request the ICRC to cooperate in this work, having confirmed in the Cabinet Understanding of February 13 of this year its policy to dispose of the North Korean repatriation problem in accordance with the internationally accepted principle of the freedom of choice of residence.
2. The Japanese Red Cross Society, recognizing that the above-mentioned policy of the Japanese Government to be in perfect agreement with the basic principles of the Red Cross, complied with the request of the Government and sent first its Cirector of Foreign Affairs, Mr. Inoue, in late February, and then its Vice President, Mr. Kasai, and Director of Social Affairs, Mr. Takagi, in early April to Geneva. The Japanese Red Cross delegation first conveyed the request of the Japanese Government to the ICRC. Following this, the negotiation with the North Korean Red Cross delegation began, during which various difficulties and complication were encountered. In this connection the following two facts must be pointed out.
Firstly, direct negotiation with the North Korean Red Cross was started since the ICRC was of the opinion that it was unable to decide its attitude unless the Japanese Red Cross first negotiated with the North Korean Red Cross and the result of agreement reached become known. Thus, even through the two Red Cross societies conduct negotiations on a humanitarian question under such circumstances, and Koreans in Japan return to North Korea of their own free will, this does not imply the slightest change in the Japanese Government 's foreign policy.
Secondly, such being the case, it became necessary for the Japanese Red Cross to devise a practicable formula which would be acceptable to the North Korean side but which at the same time would not deviate in substance from our basic position. This required considerable efforts on our part. Under the agreement finally agreed upon, arrangements to guarantee the freedom of will, which was our basic position from the outset, are assured.
3. In the course of the negotiations items considered to be not absolutely necessary were dropped and some changes were made in the woring, but arrangements to guarantee the free expression of will, which is our basic policy, have been maintained.
The principal reasons are as follows:
a) It is provided in the agreement as a prere-uisite that the applications for return must be based on the free will of applicants themselves.
b) It is provided in the agreement that the application must be made by the applicant himself in person to the registration agency organized by the Japanese Red Cross Society.
c) It is provided in the agreement that the registration agency will be organized and operated by the Japanese Red Cross system. But in order to insure that the organization and operation of the registration agency will be fair and impartial in conformity with humanitarian principles, it is provided that the Japan Red Cross Society may request the ICRC to take necessary and appropriate measures. On the basis of such request the ICRC may render effective cooperation for the purpose of insuring impartial handling of the repatriation work as well as the free expression of will by the individual.
d) Needless to say, the individual may at any time prior to embarkation change his mind regarding repatriation. In addition, an individual may express his genuine will to return or not to return to the Japanese Red Cross Society and the Japanese Red Cross Society will handle this in a just and proper manner.
4. On the other hand, the ICRC, recognizing that the agreement proves that the Red Cross Societies of Japan and North Korea intend to act on the basis of the principle that any individual may freely choose is own place of residence and especially that he may return to the country of his origin, announced on August 11th its decision to cooperate with the Japan Red Cross Society in order to enable Korean residents in Japan to express their will to return to the place of their choice of their country of origin.
This announcement confirms that the ICRC has agreed to cooperate in the humanitarian phase of the repatriation work. Thus the basic purpose of the Cabinet Understanding of February 13 of this year had been adhered to not only in the agreement as well as in the cooperation of the ICRC.
5. The Japanese Government wishes to restate on this occasion that its policy has always been to allow Koreans contine to stay in Japan, if they so desire, so long as they observe the laws and regulations of Japan, and to permit their departure from Japan if they so choose by their own free will to return either to North or South Korea. In the implementation of this policy, the Japanese Government firmly upholds the basic position that it does its utmost to prevent any person from being taken against his will to places where he does not want to go or from not being able to return to the place of his choice.
As mentioned earlier, the will of individual will be fully guaranteed by the formula agreed upon, but the Japanese Government, from its own stand and from its position of supervising the Japanese Red Cross, is prepared to take necessary and appropriate steps for this purpose.
6. It is the sincere hope of the Japanese Government that the repatriation work will be smoothly implemented and will be carried out smoothly with the assistance of the ICRC as well as the cooperation of all parties concerned. At the same time it earnestly hopes that the Governments and peoples of all the countries of the world will fully understand the nature of this problem and extend their support and cooperation to this humanitarian cause.