Truth and Reconciliation Commission, Korea Under Revision ?

According to OhMyNews*, translators are considering suing Lee Young-Jo, the new President of Korea's Truth and Reconciliation Commission**, for defamation.

One of the first decisions of Lee Young-Jo was to ban the English brochure published by the TRCK in March 2009 to present its recent achievements ("Truth and Reconciliation - Activities of the Past Three Years") because "it is biased and the English is incorrect". Translators deny the charges and OhMyNews couldn't get any example of translation errors from the organization.

Since I'm not a native English speaker, I cannot judge what's grammatically correct... but "the Park military junta introduced an extreme right-wing Fascist regime into Korean society during a time when the nation lacked thoughts, values, and awareness of democracy" may sound politically incorrect. I reckon the cover of the report featuring civilian massacres could also hurt the feelings of ultra-conservatives who would prefer to keep the lid on such inconvenient truths (not to mention the feelings of grieving families).

Maybe Lee Young-Jo, a TRCK commissioner since 2005 and a fluent English speaker, saw the document under a different light after his nomination... I wouldn't dare imagining that his very nomination, under a conservative government, was part of a scheme to undermine the formidable achievements of the TRCK under his predecessors. Yet, several medias point out Mr Lee's own conservative credentials as an eminent leader of the New Right movement***, and a SisaIN article even evokes a possible sabotage of the organization, and past efforts from the New Right to revise history textbooks****.

If this book ban proves to be actually an act of censorship, I wonder what kind of changes could be already happening within this up to now irreproachable organization...

As we saw earlier, the TRCK did such a good job in performing its missions that it was politically impossible for ultra-conservatives to put an end to it. If their intention is to discreetly sabotage it, it is bound to backfire and at the end of the day, President Lee Myung-bak will have to make a choice : maintain the TRCK on its original tracks, or let the discredit and international uproar hurt his own image.

blogules 2010 - initially published on Seoul Village ("TRCK lost in translation or lost in transition ?").
=> all posts related to TRCK.

* "Translators upset by 'New Right Truth and Reconciliation Commission'" ("번역자들, '뉴라이트 진실화해위'에 뿔났다" - 20100113 updated 20100114).
** we mentioned his nomination last December in "Achievements and Tasks of TRCK's Activities".
*** Last month I was a little bit disturbed by his resume but didn't find any website about these organizations : Lee Young-jo was President of the Capitalism Economy and Nationalism Research Center and Secretary General of the Citizens United for Better Society
**** "New Right received by past Commission" ("뉴라이트가 접수한 과거사정리위원회" - SisaIn 20091221)

European Court of Human Rights slams fundamentalists (a)cross Italia and Europe

"The State was to refrain from imposing beliefs in premises where individuals were dependent on it" : so Italy will have to stop allowing crucifixes in courts or worse, public schools.

To support its sound decision*, the European Court of Human Rights specifically mentioned arguments traditionnally used by religious conservatives : the right for the parents to educate their children according to their own beliefs, the right for the childre to freedom of religion.

The plaintiff, Mrs Soile Lautsi, a Finnish-born Italian mother, will receive EUR 5,000 in damages. But this is not about money, and all partisans of secularism across Europe should rejoice : mixing religious signs with public service clearly insults to the very essence of democracy and republican values. Judge Luigi Tosti also fought for this vital cause, putting his career in jeopardy because he refused to enter in court rooms featuring a crucifix.

Once again, this is not about atheism vs. religion, but about democracy vs. fundamentalism AND about religion vs. fundamentalism. Secularism is the only way to protect at the same time democracy AND religion from their common and most lethal enemy.

Needless to say, the Lega Nord, the Re-Reformed Church of Chief Fundamentalist Benedict XVI, and other fundamentalists from all confessions** didn't welcome such resistance before the probable inauguration of one of them at the first continental leader (see "Tony Blair : a newborn fundamentalist President of Europe ?").

Yesterday, Minister of "Education" Mariastella Gelmini tried to make crucifixes pass for "symboles of Italian tradition"... The usual neo-creationist trick : multiply smoke screens, ban from the vocabulary all religious reference, deny any hidden agenda / wedge strategy, and send coward, submarine strikes against science, education, and democracy (see cf "En finir avec l'Intelligent Design").

The battle is not over : Italy's Supreme Court revoked in 2004 a 2003 judgement banning crucifixes from schools and courts without bringing any legal justification, and the European Court of Human Rights must brace against furious attacks from fundamentalists, most likely using their usual proxies within European political spheres (i.e. Luc van den Brande).

This battle is not a new one, but it's now official and out in the open : like the US before, Europe fights for its very survival as a symbol of democracy against its worst enemies, imposters from within.


blogules 2009
also in French : "La Cour Européenne des Droits de l'Homme crucifie les fondamentalistes"

* "Communiqué du Greffier - Arrêt de chambre - Lautsi c. Italie (requête n° 30814/06)" - the English Version :

CRUCIFIX IN CLASSROOMS:
CONTRARY TO PARENTS’ RIGHT TO EDUCATE THEIR CHILDREN IN LINE WITH THEIR CONVICTIONS AND TO CHILDREN’S RIGHT TO FREEDOM OF RELIGION
Violation of Article 2 of Protocol No. 1 (right to education)
examined jointly with Article 9 (freedom of thought, conscience and religion)
of the European Convention on Human Rights
Under Article 41 (just satisfaction) of the Convention, the Court awarded the applicant 5,000 euros (EUR) in respect of non-pecuniary damage.
(...)
The State was to refrain from imposing beliefs in premises where individuals were dependent on it. In particular, it was required to observe confessional neutrality in the context of public education, where attending classes was compulsory irrespective of religion, and where the aim should be to foster critical thinking in pupils.

** I cannot imagine any better message for moderate Muslims struggling to eradicate fundamentalism across the world (i.e. most recently Al-Azhar University in Egypt banning the niqab, or the heated debate about "France, secularism and burqa").

ADDENDUM 20091104
I replaced the French version (below) by the English Version (above) :

CRUCIFIX DANS LES SALLES DE CLASSE : CONTRAIRE AU DROIT DES PARENTS D'ÉDUQUER LEURS ENFANTS SELON LEURS CONVICTIONS ET AU DROIT DES ENFANTS À LA LIBERTÉ DE RELIGION
Violation de l'article 2 du protocole n° 1 (droit à l'instruction) examiné conjointement avec l'article 9 (liberté de pensée, de conscience et de religion) de la Convention européenne des droits de l’homme.
En application de l'article 41 (satisfaction équitable) de la Convention, la Cour alloue 5 000 euros (EUR) à la requérante pour dommage moral.
(...)
"L'Etat doit s'abstenir d'imposer des croyances dans les lieux où les personnes sont dépendantes de lui. Il est notamment tenu à la neutralité confessionnelle dans le cadre de l’éducation publique où la présence aux cours est requise sans considération de religion et qui doit chercher à inculquer aux élèves une pensée critique".

Korea needs even more Truth and Reconciliation

In its 2009 International Symposium (see program below*), the Truth and Reconciliation Commission, Republic of Korea (TRCK) collected priceless insights, very comforting for the future of Transitional Justice in Korea and, beyond, for the future of democracy itself.

This country is about to decide which model to follow, with the unique opportunity to not only follow but lead, and even become a role model for all Asia. The Commission has already accomplished a terrific job, and Korea needs it more than ever, not only because more truth needs to come out. But for reconciliation to succeed, Korea needs its government to play its role, to fully support transitional justice as a whole (i.e. beyond the TRCK, the settlement foundation has yet to be established according to the law), and to guarantee the success of national reconciliation. Any failure to do so would definitely send the wrong message to the world about the level of democracy in Korea.

Hopefully, this simply can't happen in this century.

Yesterday, among the cases from Africa, Americas, Africa, and Europe, I expected the most from Rwanda and indeed, ITCR Judge PARK Seon-ki delivered a comprehensive presentation, including precious insights about the local context (i.e. the Gacaca justice system). I only wish he had more time to raise the "national reconciliation" issues, critical in a country where genocide survivors often live in the same village as their torturers.

Dr. Martin Salm (Germany) put the human factor centerstage, and that's a necessity when all you can give to people who lost 3 years of their lives as forced laborers is 500 euros... not much at the micro level, but his EVZ foundation eventually distributed about 5 billion euros to 1.6 million victims across Europe, and that's not petty money. Korea and Japan can learn a lot from this impressive publicly and privately funded international effort, but also from the importance of the care given to grieving individuals often suffering from isolation. Reconciliation is also about replacing bitterness and anger with peace, recognition, and confidence in the future. Strenghtening society and lifting the whole nation instead of letting it rot it in a nationalist dead end. For chaebols often perceived as distant from the people, contributing to this national cause would not only be the high road, but an easy one at that if they want to enhance their own image.

In Korea like everywhere else, victims first need to be officially, and if possible legally, recognised as victims. This usually comes before financial reparations. Condemning methods (beyond potential political / ideological sensibilities) is also essential : the most powerful sentence ever pronounced by Barack Obama is "we reject as false the choice between our safety and our ideals". Punishing the criminals is yet another level, and Korea will probably fine tune its amnesty / trial ratio. But if much truth remains to be uncovered, the time of reconciliation has come, and that will require pedagogy, sensibility, a lot of work on memory, with visible, tangible, shared elements to not only honor and remember, but also strengthten society and its future.

Honoring the great Latin American literary tradition, former Peruvian Truth and Reconciliation Commission President Salomon Lerner submitted a brilliant text with a universal reach. One can only subscribe to his beautifully crafted focus on the power of words and the clarity of the vision, the importance of "a prudent approach to social expectancies (...) which demands, in turn, a fine and responsible crafting of the discourse and messages", and the need to prolong this writing with "memory, that, in becoming social life and in being fecundated by ethical motivations, becomes a true transformer of history".

I wish Dr. Leigh Payne used a more "responsible crafting of the discourse and messages" in her own conclusions, particularly since those were only temporary conclusions following the first part of her very interesting research on 91 national cases of Transitional Justice. She did use all the right precautions in her speech, but "verba volant, scripta manent", and the slide bluntly singled out TJ systems featuring only truth commissions as potentially "harmful". Such a message could be misunterpreted and thus maybe "harmful" to transitional justice, particularly in countries where truth commissions very existences are threatened... It can be misunderstood and almost sounds like blaming a thermometer for fever : of course, what is "harmful" is the abuses perpetrated, and certainly not the doctor examining the wound and recommanding ways to cure and prevent further damage - what is also "harmful" is the lobby trying to silence the doctor, or to discredit him by depriving him of his most essential tools. TRCs are not into reopening wounds : they are an essential part of the healing process, the guarantee for a better future.

That said, I'm not exactly a model in "fine and responsible crafting of the discourse and messages", and I naturally agree with Dr Payne's results, which look totally logical : Truth Commissions simply cannot work as stand alone tools precisely because they are not meant to work as stand alone tools... except in those countries where they are set up as smoke screens (or rather, as Dr. Payne finely and responsibly put it, "facades"), by governments who want to appear as mature democracies facing their own pasts. That is, fortunately, not the case of Korea, where the TCR was really meant to help the country move to a higher level.

But the TCRK was given a relatively limited reach, and key elements of the Basic Law for the Settlement of Past Incidents have yet to be implemented. Furthermore, the success of the whole system depends on the full support of a government which, these days, can at times appear uncomfortable with transitional justice : as I pointed out earlier**, ultra-conservative die harders keep lobbying against the TCRK, undermining not only Korea's efforts to emerge as a leading nation on the international stage, but also Japan's efforts to at last face its own dark chapters regarding Korea.

Every voice should be heard in the process : as reminded yesterday, that is the essence of democracy. It is not an easy task but there is no other way. The choice is simple : unity or division, reconciliation or hatred, healing or suffering, more democracy or less democracy. And it's binary : not doing anything, letting time pass and tensions rise is equivalent to killing transitional justice altogether.

So the pressure is certainly not on the Truth and Reconciliation Commission, but on the Korean government, who is compelled to give it a total support. By the end of TRCK's mandate, the world will have an answer : either Korea decides to become a model for Asia, or its rulers decide to cast shame upon themselves.


Blogules 2009 (initially published on Seoul Village - Truth and Reconciliation : which model for Korea ?

---
* "The Global Trend of Past Settlement and the Task of Korea to Build National Reconciliation" (20091027) :
Opening Remarks (AHN Byung-ook, President, TRCK)
1. The Justice Balance: When Transitional Justice Improves Human Rights and Democracy (Presentation by Dr. Leigh PAYNE, Professor of Sociology, Oxford University - Questions from AHN Kyong-whan, Professor, SNU and former President of Naitonal Human Rights Commission of Korea)
2. Rwanda Genocide, United Nations International Criminal Tribunal for Rwanda and Lessons from Rwanda and Africa (Presentation by Judge PARK Seon-ki, ITCR - Questions from LEE Suk-tae, Lawyer, Duk Su Law Office)
3. Achievements and Tasks in confronting the Past in Peru and Latin America (Presentation by Dr. Salomon LERNER FEBRES, Rector Emerito, Pontifica Universidad Catolica del Peru and former President of the TRC in Peru - Questions from PARK Koo-byoung, Professor, Ajou University)
4. Will remembrance of National Socialist Crimes never end ? Meaning, tasks, and societal role of the Foundation 'Remembrance, Responsibility and Future' (Presentation by Dr. Martin SALM, Chairman of the Board of Directors, EVZ - Questions from SONG Chung-ki, Professor, Kongju National University)
Wrap up session : Evaluation and Proposal for the Past Settlement of Korea

** see "President Lee, keep digging" followed by "A Common History".

Israel accepted as true the choice between its security and its ideals

Ahead of a September 29 presentation to the United Nations Human Rights Council, the United Nations' Fact Finding Mission on the Gaza Conflict released its key conclusions.

Unsurprisingly, both Hamas and Israel have been proven guilty of war crimes in a report covering 36 "incidents".

Between December 2008 and January 2009 or, as I pointed out (see "A Christmas Gift for Fundamentalists ?"), during the no-top-man's land between Obama's election and his formal inauguration, 13 Israeli and more than 1,400 Palestinians died.

Against Palestinian terrorists, the reports pointed out indiscriminate bombings, but found no evidence of "human shields", bringing even more pressure on Tel Aviv hawks who get most of the blame : disproportionate actions, collective punishment, use of illegal weapons (white phosphorus shells)...

Worse : this is the consequence of wrongdoings by a few rogue soldiers, but "the result of deliberate guidance issued to soldiers", or as Richard Goldstone put it, "policies". I suggested another word for that in "Israel openly embraces fascism". The report went as far as mentioning "crimes against humanity".

The mission wants the United Nations Security Council to investigate further and to consider bringing charges to the International Criminal Court. If the US don't put a veto on it, it may fly, but up to a certain point : the ICC's jurisdiction is not accepted by Israel.

Israeli hawks denounce an unfair and biased mission and as a matter of fact, Christine Chinkin, a member of the commission, accused Israel of war crimes in an op-ed published last January.

But blaming the thermometer doesn't cure the flu.

And even after the embarrassing revelations on a prominent Israeli human rights activist*, Israeli moderates are more than ever welcome to speak up and loud against their unruly rulers.


blogules 2009


* Human Rights Watch's Marc Garlasco happens to collect Nazi memorabilia !

State of The World Union : The Obama Doctrine

Believe it or not, we live in a multicultural and diverse world.

A world with Muslim Americans, Christian Palestinians, and Jewish Iranians. A world where a woman can lead the biggest Muslim-majority country, where a Hussein can lead America (which by the way is not a Christian country*), and where an Israeli leader is allowed to survive a few hours after signing a peace agreement with an Arab or Palestinian leader.

Barack Hussein Obama delivered his first State of the World Union address in Cairo**.

A great and powerful speech, without any surprise as far as the content was concerned. But I guess much will be said about its form, around 7 points (a number rich of symbols in all religions) :

Priority given to "violent extremism in all of its forms". In a nutshell : "We reject as false the choice between the Bush Doctrine and the Qaeda Doctrine"***. Yes, dear reader, we're definitely heading towards a Universal Declaration of Independence from Fundamentalism. And U-Turn is not an option, because "violence is a Dead End".

Second point : solving the first point will be much easier once we settle the issues between "Israelis, Palestinians and the Arab world" (note the address to the peoples, beyond the states)

Third point : North Korean and Iranian leaders must read Sun Tzu and Stan Lee. "With great powers come great responsibilities", said Uncle Ben to Peter Parker. In That One's mouth, it comes like this : uh... lllook, let's consider the "rights and responsibilities of nations on nuclear weapons".

Issue #4 : Democracy. A beautiful word, which the new POTUS doesn't want to define nor to force into other countries (leaving that to his predecessor). He does expose clear directions, though : "the ability to speak your mind and have a say in how you are governed; confidence in the rule of law and the equal administration of justice; government that is transparent and doesn't steal from the people; the freedom to live as you choose. Those are not just American ideas, they are human rights, and that is why we will support them everywhere. And we will welcome all elected, peaceful governments – provided they govern with respect for all their people." The perfect message ahead of the Iranian elections, stressed by this spectacular act of contrition on behalf of the American people : "the United States played a role in the overthrow of a democratically-elected Iranian government". Change is coming to the CIA as well...

The 5th branch of this verbal Menorah is "religious freedom". But not as the "freedom of proselytization" envisioned by W., willing to open the gates of secular Europe to fundamentalists, cultists, and megachurch franchises... Religious freedom is first about "the ability of peoples to live together". Obama prefers "Interfaith service" to that more or less literal cut-throat competition.

Number 6 : "I am not a number, I am a free man!" And a free woman. Always keeping in mind that "women's rights" are not threatened only in the Muslim world. The US or France are lagging behind "Turkey, Pakistan, Bangladesh and Indonesia, we have seen Muslim-majority countries elect a woman to lead". Obama scores another big hit when he blames hastive judgements : "I reject the view of some in the West that a woman who CHOOSES to cover her hair is somehow less equal, but I do believe that a woman who is denied an education is denied equality".

The 7th and final point can seem a trifle commercial, but "economic development and opportunity" does include education and science, and not the way intended by promoters of Intelligent Design and other creationists of all confessions. We are facing a future where, even if peace emerges soon, many generations will have no experience of it beforehand. This is about preventing a relapse to "violent extremism in all of its forms", preventing a return to square one.

A call for mutual respect wrapped up in references from the Torah, the Quran, and the New Testament. Religion never mixes well in politics but precisely, somehow, Obama managed to draw a most precious line in Egypt.



* according to the first international treaty signed by the US (Treaty of Tripoli, 1796, Art. 11.) : "the Government of the United States of America is not, in any sense, founded on the Christian religion". That's right before the part quoted by Obama in Cairo ("the United States has in itself no character of enmity against the laws, religion or tranquility of Muslims").

** see transcript (NYT 20090604)

*** If you miss the Bush-Cheney, us-vs-them mantras, there's still Osama Bin Laden :
""Antagonizing Muslims" ?!? Look who's talking, Osama"

India : no change means change

Congress Party claimed victory in the Indian election marathon, strengthening the positions of Manmohan Singh, party leader Sonia Gandhi and even her son Rahul Gandhi. A crushing desillusion for radicals from the nationalists and fundamentalist sides.

Yes, moderates can win. Even after Mumbai*. Even after a Bush-Cheney victory at the 2009 Israeli elections.

Maybe Indians are smarter and wiser than Israeli. Maybe they are simply more sensitive to demagogy that promises a more humane development instead of demagogy that promises more inhumane treatments. Go figure.

Mir Hossein Mousavi Khamenech is definitely smarter and wiser than Mahmoud Ahmadinejad. A reformer with the experience of a conservative war Prime Minister, he would get rid of Iran's Moral Police, restore some basic women's rights, open the media to private entrepreneurs, and put the country back on the diplomatic map. A poor score of Hezbollah in upcoming elections in Lebanon could be a good sign for reform in Iran.

Stability and calm in such big countries as India and Iran could radiate around, even as Pakistan and Sri Lanka threaten to fuel future fires while crushing Taliban or Tamil Tigers.

We've been used to electoral calendars overwhelmed with bad news and this year already provided its share, but should the trend be confirmed, even Israel would be forced to reconsider its suicidal stance.


* see "Lessons from Mumbai ?"

Red blogule to the 2006 Cold War - Gazprom and Gazpogrom

Because Viktor Yushchenko refused Putin's diktat, Gazprom just cut their Ukrainian pipes. Vlad the Impaler wanted Yushchenko dead but could just alter his face : now he doesn't care whether people die in this indecent and unfair armwrestling contest.
Russia is back to fascism but no one seems to care. Germany ? Gerhard Schröder just joined the board of a Gazprom subsidiary. The US ? Dubya can't locate "Ukrainia" on the map of Texas and has trouble translating his one-size-fits-all terror / freedom / democracy speech in Uzbek (hell, making friends with local despot Islam Karimov fulfills his understanding of Islam agenda). France, then ? Duh ! We're not interested in human rights either... actually, we're not even fighting for our gas or oil supplies anymore since we found the best way to solve both heating and gas consumption problems : we burn our own cars.
Sign of the times, Jews are fleeing Russia. Those who didn't reach Israel's shores land in Germany, where the Berlin community is blooming a beautiful way.
Back to Red Square One. So much for the U-turn of the Century.

White blogule to Bob Woodward - Blowing another fuse

Going for another impeachment ? With an exquisite sense of timing, Bob Woodward revealed I. Lewis "Scooter" Libby wasn't his Plame-Wilson deep throat. The Bush Administration may have to blow another fuse and look for another scapegoat.
They easily replaced Scooter with another hawk : the only specie to avoid the laws of evolution does breed by entire flocks at 1600 Pennsylvania Avenue, Washington DC, USA (watch out : herd flu hazards). David Addington is already at work to please his masters Lobby Dick and King Dubya, revising the U.S. Army Field Manual in order to allow torture and escape such un-american and un-patriotic documents as the Geneva Convention, the UN Convention Against Torture or the Universal Declaration Of Human Rights.
If he were to chose, W could pick Rummy instead of Dick or even Alberto. He would then please a great part of the Army and even find an alibi to change strategies in Iraq, "his" Rep majority pushing harder than ever for a clear withdrawal agenda before 2006 elections.

White blogule to John McCain vs cruel, inhuman, or degrading Amerika

The Reps have their moral leader back on time for 2006 and 2008. Karl Rove managed to ruin his 2000 campaign but Senator John McCain once again proved how great he could be as the commander-in-chief.
His amendment specifying no "cruel, inhuman, or degrading" treatment should be performed by the US against detainees puts the Commander-in-thief in front of a dilemma : if I veto the bill (since, as McClellan put it, it "would limit the president's ability as commander-in-chief to effectively carry out the war on terrorism"), I may have to renegociate a $400bn check. If I don't veto it, I'm losing the face as a commander-in-chief.
McCain said : "The enemy we fight has no respect for human life or human rights. They don't deserve our sympathy. But this isn't about who they are. This is about who we are. These are the values that distinguish us from our enemies." How about Saddam's trial ?
Saddam Hussein's trial is only about who he is, not about who we Western democracies are : the only charge is about a massacre of villagers. Relevant, but nothing about gassing the populations (with gas manufactured in Germany or in Iraq with French & US facilities). Nothing about the ugly war against Iran (sponsored by the US and "old Europe"). Nothing about the post Gulf War I retaliation on Kurds (abandonned by Dubya's father). Nothing about the honoris causa Doctor Hussein behind the evil Mister Saddam.

White blogule to South Korea's diplomacy

It ain't over till it's over but at least North Korea declared they would cease their nuclear weapon program. The US envoy, former Ambassador to Seoul Christopher Hill, eventually accepted South Korea's proposal : light water is better than heavy fuel.
The Seoul-Beijing team defeated the Washington-Tokyo axis. Beyond nationalities, doves won over hawks in a most crucial part of the world.
Let's see what Karen Hughes can spin out of this new insult to the Bush doctrine.
Furthermore, let's see how far Seoul can go : pleasing Pyongyang was an easy job, tackling the human rights issue a much tougher challenge.