NLG International Committee Delegation Blog

From the Philippines Election Delegation - Kyle Todd

2010-05-14T08:41:00.001-07:00

May 9, 2010

“Struggling to Own the Land That They Till”

Throughout our visit to Tarlac, Central Luzon, we spent our time in Hacienda Luicita. This 6,435-hectare plantation estate, what locals simply call “Hacienda”, is owned by the Cojuango family, of which presidential favorite Benigno “Noynoy” Aquino is a member. On November, 16, 2004, Hacienda was also the site of a massacre where 7 workers were killed, and over 200 more were injured, during a blockade where farmers were calling for better wages and benefits. On May 9, the PIOM observers had the chance to meet with local labor leaders and activists who continue to advocate for better working conditions and a more equitable and fair system of land distribution and use – continuing the struggle of the November 16 martyrs.

On May 9, we had a chance to meet with the president of the Hacienda farmers union, United Luicita Workers Union (ULWU), the president of a local union of factory workers, the International Wirings Systems Workers Union (IWSWU) and members of MARTIR, an activist group of family members of November 16 martyrs.

Lito Bais, the president of the ULWU, began by telling us about the history of the workers’ movement in Hacienda. He told us about how the Cojuango family obtained the Hacienda land through a loan from the United States, on the condition that the land would eventually be redistributed to the farmers who worked the land. He told us that when the time came land redistribution, the owners gave workers the choice of a “Stock Distribution Option” (SDO). He said that the workers chose the SDO because they were lead to believe that it would be more lucrative for them than communal redistribution. He said that, not only was the SDO a weak deal, but that the workers have not received one centavo of the 30% profit-sharing that was promised through the SDO.

Both the ULWU president and members of the MARTIR group told us about political intimidation that goes on in the Hacienda. While in a public restroom, Bais was met with the barrel of a rifle and told to watch his back. MARTIR member Felix Nacpil stated that military officers harass him almost nightly and unknown community members continually put up propaganda associating activists with the Communist Party of the Philippines (CPP). And, as we would later witness, military detachments are pervasive throughout the area. Bais noted that, given the people’s past experience with state and paramilitary repression, this serves as a heavy-handed deterrent to workers’ movements and progressive political activity.

Leading up to the election, these activists were endorsing the ANAKPAWIS party list. They campaigned hard, and even conducted voter education and formed an anti-fraud group. However, they feared campaigning past dark because, not only do they face intimidation by military and police officers, but also by local paramilitary groups like the Citizen Armed Forces Geographical Unit (CAFGU). Local members of our PIOM delegation also noted that the group will likely face increased repression if Noynoy Aquino wins the presidential election, as he has a familial interest in profiting from the Hacienda and preventing any just implementation of land reform or workers’ rights.

Suresh Naidu blogs the Philippine elections!

2010-05-10T12:08:00.000-07:00

Cross posted here.

I’m Suresh Naidu, a friend and colleague of Noel. I’ll be guest-blogging the upcoming Philippine elections.

I’m here in Manila with the NLG component of the People’s International Observers Mission (not as a lawyer, but a fellow traveler). The PIOM is a coordinating group for international election observers, and they are getting us up to speed before sending the 80+ internationals out in teams to various parts of the country on Sunday. (Mine is Mindanao in the south.)

We’re on day 2 of our orientation, and yesterday we got a rundown on Philippine politics and what’s at stake in this election. Two things that need to be established right off the bat: (A) The Philippines is terribly unequal and poor (ranked 105 in the Human Development Index), with a plantation based agricultural sector and a nascent foreign-owned service economy. (B) The government’s policy options all waft out from a noxious cauldron of repression, foreign debt service, and corruption.

The standard academic story (which is probably right) is that Philippine politics is a Frankenstein of local clans and patronage networks welded into political machines by national politicians. Local landowners use their economic (and paramilitary) power to secure votes, in the classic Latin American fashion, and then combine these vote banks across clans and coalitions to form national electoral blocs. The result is that virtually all of Congress is landlord (either urban or rural) controlled, and all the presidential candidates come from the same landowning elite.

Need proof? Imelda Marcos is running for the Congress in her family stronghold of Ilocos Norte, in northern Luzon. Ferdinand Marcos Jr. is running for the Senate, which is elected at-large. Meanwhile, the likely winner of the presidential poll, Benigno “Noynoy” Aquino (son of former president Cory Aquino), is not just the owner of any plantation in Central Luzon ... he is the owner of the Hacienda Lucita, the site of a 2004 massacre of striking workers.

The incumbent president, Gloria Macapagal-Arroyo (GMA as the acronym-loving population has dubbed her), has epitomized the worse features of Philippine politics, being cartoonishly kleptocratic and corrupt. She is also very good at the Philippine political game. She has faced down impeachment proceedings and coup attempts.

GMA managed to get the Philippines branded the most corrupt country in Asia, and her the most corrupt president in Philippine history. (I would still give that title to Ferdinand Marcos.) In addition, she has stacked the electoral body and the Supreme Court with her allies and used the military to persecute the only source of political innovation permitted by the existing institutions: the left-wing party-lists, which contest the 20% of House seats that are open to “marginalized sectors” and elected at large.

In other words, the job of the election observers is cut out for us. Observers are no panacea for the underlying inequality and weak institutions that are the Philippine colonial inheritance. That said, independent electoral observers can improve the electoral process in the face of repression and widespread fraud. While it is a small contribution towards changing the balance of power between elites and citizens in the Philippines ... it is a small contribution towards the only thing that will ultimately allow badly needed reforms to occur.

More reports to come.

Puerto Rico - Day 1

2010-03-27T07:14:00.000-07:00

Our first day in San Juan: Flickr Photoset

Come back for more substantive posts.

Agent Orange Continues to Poison Vietnam

2009-06-26T16:14:00.000-07:00

From 1961 to 1971, the U.S. military sprayed Vietnam with Agent Orange, which contained large quantities of Dioxin, in order to defoliate the trees for military objectives. Dioxin is one of the most dangerous chemicals known to man. It has been recognized by the World Health Organization as a carcinogen (causes cancer) and by the American Academy of Medicine as a teratogen (causes birth defects).

Between 2.5 and 4.8 million people were exposed to Agent Orange. 1.4 billion hectares of land and forest - approximately 12 percent of the land area of Vietnam - were sprayed.

The Vietnamese who were exposed to the chemical have suffered from cancer, liver damage, pulmonary and heart diseases, defects to reproductive capacity, and skin and nervous disorders. Children and grandchildren of those exposed have severe physical deformities, mental and physical disabilities, diseases, and shortened life spans. The forests and jungles in large parts of southern Vietnam have been devastated and denuded. They may never grow back and if they do, it will take 50 to 200 years to regenerate. Animals that inhabited the forests and jungles have become extinct, disrupting the communities that depended on them. The rivers and underground water in some areas have also been contaminated. Erosion and desertification will change the environment, contributing to the warming of the planet and dislocation of crop and animal life.

The U.S. government and the chemical companies knew that Agent Orange, when produced rapidly at high temperatures, would contain large quantities of Dioxin. Nevertheless, the chemical companies continued to produce it in this manner. The U.S. government and the chemical companies also knew that the Bionetics Study, commissioned by the government in 1963, showed that even low levels of Dioxin produced significant deformities in unborn offspring of laboratory animals. But they suppressed that study and continued to spray Vietnam with Agent Orange. It wasnt until the study was leaked in 1969 that the spraying of Agent Orange was discontinued.

U.S. soldiers who served in Vietnam have experienced similar illnesses. After they sued the chemical companies, including Dow andMonsanto, that manufactured and sold Agent Orange to the government, the case settled out of court for $180 million which gave few plaintiffs more than a few thousand dollars each. Later the U.S. veterans won a legislative victory for compensation for exposure to Agent Orange. They receive $1.52 billion per year in benefits.

But when the Vietnamese victims of Agent Orange sued the chemical companies in federal court, U.S. District Judge Jack Weinstein dismissed the lawsuit, concluding that Agent Orange did not constitute a poison weapon prohibited by the Hague Convention of 1907. Weinstein had reportedly told the chemical companies when they settled the U.S. veterans suit that their liability was over and he was making good on his promise. His dismissal was affirmed by the Second Circuit Court of Appeals and the Supreme Court refused to hear the case. The chemical
companies admitted in their filing in the Supreme Court that the harm alleged by the victims was foreseeable although not intended. How can something that is foreseeable be unintended?

On May 15 and 16 of this year, the International Peoples Tribunal of Conscience in Support of the Vietnamese Victims of Agent Orange convened in Paris and heard testimony from 27 victims, witnesses andscientific experts. Seven people from three continents served as judges of the Tribunal, which was sponsored by the International Association of Democratic Lawyers (IADL).

Testimony given by the witnesses showed the following:

Mai Giang Vu, a member of the Army of South Vietnam, carried barrels
of the chemicals on his back. His two sons could not walk or function
normally, their limbs gradually curled up and they could only crawl.
They died at the ages of 23 and 25.

Pham The Minh, whose parents also served in the South Vietnamese Army,
showed the Tribunal his severely deformed, crooked, skinny legs; he
has great difficulty walking, as well as digestive and pulmonary
diseases.

To Nga Tran is a French Vietnamese who worked as a journalist during
the spraying. Her daughter weighed 6.6 pounds at the age of three
months. Her skin began shredding and she could not bear to have skin
contact or simple demonstrations of love. She died at 17 months,
weighing 6.6 pounds. Ms. To described a woman who gave birth to a ball
with no human form. Many children are born without brains; others make
inhuman sounds.

Rosemarie Hohn Mizo is the widow of George Mizo, who served in the
U.S. Army in Vietnam in 1967. He slept on contaminated ground and
consumed food and drink that were also contaminated. George refused to
serve after he was wounded for the third time; he was court-martialed
and sentenced to 2-1/2 years in prison and a dishonorable discharge.
George helped found the Friendship Village where Vietnamese victims
live in a supportive environment. He died from conditions related to
his exposure to Agent Orange.

Georges Doussin, co-founder of the Friendship Village, visited a
dormitory where he saw 50 highly deformed monsters, who produced
inhuman sounds. One man whose parent had been exposed to Agent Orange
had four toes on each foot. Doussin said Agent Orange creates total
anarchy in evolution.

Dr. Nguyen Thi Ngoc Phuong, from Tu Du Hospital in Ho Chi Minh City
(Saigon), sees many children born without arms and/or legs, without
heads or faces, and without a brain chamber. According to the World
Health Organization, only 1 4 parts per trillion (PPT) of Dioxin in
breast milk can cause severe deformities in fetuses and even death.
But up to 1450 PPT are found in maternal milk in Vietnam.

Dr. Jeanne Stellman, who wrote the seminal article about Agent Orange
in the magazine Nature, testified that this is the largest unstudied
environmental disaster in the world (except for natural disasters).

Dr. Jean Grassman, from Brooklyn College at City University of New
York, testified that Dioxin is a potent cellular disregulator which
alters a variety of pathways to disrupt many systems. Children, she
said, are very sensitive to Dioxin; the intrauterine or post natal
exposure to Dioxin may result in altered immune, neurobehavioral, and
hormonal functioning. Women pass their exposure to their children both
in utero and through the excretion of Dioxin in breast milk.

Many ecosystems have been destroyed and Dioxin continues to poison
Vietnam, especially in the several hot spots.

Chemist Dr. Pierre Vermeulin testified that it was estimated that $1
billion would be required to restore one hectare of land in Vietnam.
The cost of caring for the victims, many of whom need 24-hour care, is
enormous.

In 1973, President Richard Nixon promised $3.25 billion in
reconstruction aid to Vietnam without any preconditions. That aid was
never granted.

There are only 11 Friendship Villages in Vietnam; 1000 are needed to care for the child victims of Agent Orange.

Last week, the Bureau of the IADL, meeting in Hanoi, presented President Nguyen Minh Triet of the Socialist Republic of Vietnam with the final decision of the Tribunal. The judges found the U.S. government and the chemical companies guilty of war crimes, crimes against humanity, and ecocide during the illegal U.S. war of aggression in Vietnam. We recommended that the Agent Orange Commission be established in Vietnam to assess the damages suffered by the people and destruction of the environment, and that the U.S. government and the chemical companies provide compensation for the damage and destruction.

I told the President that it always struck me that even as U.S. bombs were dropping on the people of Vietnam, they always distinguished between the American government and the American people. The President responded, We fought the forces of aggression but we always reserved our love for the people of America . . . because we knew they always supported us.

An estimated 3 million Vietnamese people were killed in the war, which also claimed 58,000 American lives. For many other Vietnamese and U.S. veterans and their families, the war continues to take its toll.

Several treaties the United States has ratified require an effective remedy for violations of human rights. It is time to make good on Nixons promise and remedy the terrible wrong the U.S. government perpetrated on the people of Vietnam. Congress must pass legislation to compensate the Vietnamese victims of Agent Orange as it did for the U.S. Vietnam veteran victims.

Our government must know that it cannot continue to use weapons that target and harm civilians. Indeed, the U.S. military is using depleted uranium in Iraq and Afghanistan, which will poison those countries for incalculable decades.

By Marjorie Cohn
President of National Lawyers Guild

Student Reflections

2009-06-26T16:08:00.000-07:00

My name is Dan Parziale and I am a student at Loyola Law School in Los Angeles. Since I have returned from Vietnam I have found myself reflecting upon my experiences there quite frequently. Again, I want to thank the IADL and the NLG for inviting me and to Ami Silverman, Franklin Sterling and Loyola Law School for supporting me financially to be able to make the trip.
Currently I am working at the Legal Aid Foundation of Los Angeles working in the Immigration Unit and I am currently working on an asylum case from southeast Asia. It has been very interesting to work on a case from this part of the world shortly after spending time there and it has helped to keep our time there in perspective.
One thing I had a problem with at the conference was the way we seemed to close our eyes, or at least our mouths, to some of the glaring problems in several parts of the world. Human rights violations in China were not mentioned and Sudan, Uganda and Columbia were only mentioned in passing, to name a few. I understand that there is only so much we can cover in four or five days, but the level of focus on the US was disconcerting to me in the face of these other countries that deserve our attention. Vietnam, while being the host country, faces several of its own challenges and the country reports from the UN and Human Rights Watch clearly reflect as much. Vietnam was all but hailed as a bastion of freedom and progress. This was troubling for me. While I understand that, as one of the world’s strongest powers, the US rightfully garners a lot of attention. I strongly criticize our shortcomings and call for the prosecution of our leaders when we break international law, but I felt as if some of these other hotbeds of human rights violations needed attention as well. They may have been discussed in the other commissions and if so, then I need to speak with the people who were in those meetings.

That being said, I will walk away from the conference with an overwhelming amount of respect for the people of Vietnam. I was humbled by the love shown by them and the forgiveness expressed for the wrongs perpetrated against the people of their country. They exemplified the qualities that the world will need to adopt in order to create the truly peaceful world for which we strive. I recently heard someone say that even the weakest person can carry the heaviest of grudges and maybe it takes the strongest to let go of that burden. I hope that we can learn from the strength of the Vietnamese people.

I was inspired by the lawyers at this conference who work for international peace. Expanding one’s practice to think about the impact that it can have upon the world is a noble venture and we need more lawyers to take on issues of international human and environmental rights.

It is absolutely imperative that the students and lawyers who were in Vietnam share their experiences and knowledge with the people who were not able to be there. Lincoln Ellis, a fellow law student, and I are going to host a brown-bag lunch or informal dinner here in Los Angeles sometime in the next month or so to share stories and talk about our experiences in Vietnam. If anyone would like to get an invitation, feel free to email me at danparziale@gmail.com.

Home, Home it is Strange

2009-06-26T13:31:00.001-07:00

It's always hard returning to the US after being out of the belly of the beast for a while. Hell, it's even hard coming back when we go up to Vancouver for the Jazz Festival for the day.

After spending two weeks in Vietnam, a country we self-professedly tried to "bomb back into the stone age," it's been particularly hard.

We were taken off guard by the way the War managed to come up virtually every day in some form, large or small. Some of those were expected: the Museum of the Revolution, where the exhibits spoke with great detail and eloquence about what the US did, and how the Vietnamese won the War and defeated imperialism. Very inspiring, and hopeful. Some were unexpected: sitting on a bench out at the temple in Hoan Kiem Lake, looking for the legendary turtles, we were approached by an elderly Vietnamese man who kept asking , "American?" when we said yes and were able to communicate that, he turned around, pulled up his shirt and showed us the torture scars on his back. Taking a leaf from Susan's book, we apologized in one of our few words of Vietnamese, "Sin Loi" (I'm sorry.). He turned back around, took our hands and smiled. warmly, and then took his leave of us. But his face remains burned in my memory.

Then there was the American-born Brit we shared a train compartment with going back to Hanoi from Hue, who insisted, on the verge of apoplexy, that the US was right, and that the domino theory was right, decades after it was proved to be a lie and a pretext.

Now, here we are back in the US, which has learned, apparently, no lessons from history, returning to stories of attacks and bombing in Iraq, Afghanistan, Pakistan, where we just killed 60 attending a funeral, by remote-controlled drone, witnesses to a nightmareous science fiction movie of a distopian high tech world.

The problem with Che's dictate that we Americans must fight here in the belly of the beast, is the amount of acid and bile that lives here, the amount of denial and apathy.

But, fight we must, A former client now witnessing for peace in Jordan, on the Iragi border sent a message that yes, the Iraqis too know about our demonstrations and marches: that the media in the Middle East give them prominent coverage and elicit public discussion. So, 30 years from now, our efforts may appear in the history books of Iraq and Afghanistan, and the people may know that we stood in solidarity in the small and large ways that we can.

From Bellingham, WA, a designated "Troops Home Now City" we struggle on. Another World is Possible, Another US is Necessary."

Larry Hildes

Friendship and the Sad Days of Summer Snow

2009-06-15T04:00:00.000-07:00

“If you want to scare the vampires you simply drag them into the light.” Michael Franti.

Heading out of Vietnam I passed a beautiful tile mosaic wall dedicated to next years’ 1000 year anniversary of the founding of Hanoi. The city breathes with old and new. It’s perhaps this long continuum that adds to its strength and resilience. No where was this more evident in the efforts of the Friendship Village - a home for the vets and their offspring whose neurological systems and DNA flow with the chemical known as Agent Orange.

I was torn about going to the Village. I had seen the film produced by a Japan filmmaker that she dedicated to her husband - a Vietnam Vet who was caught up in the blanketing of miles of Vietnam with Agent Orange and had succumbed to Cancer. I was against the war and its crimes but felt I might not have any more juice or understanding, especially when it comes to the poisoning of children. I have filled up on both love and horrors these past few weeks. I began to think I might be feeling a little numb? Was there something to be gained by seeing the victims in order to understand the impact of war on people?

Meeting with Director of Village and head of the Victims of Agent Orange Association
The children, often with deformed faces, missing limbs etc - birth defects as a result of their parents exposure to the Toxin - remains the vestiges of a war that lives on in the bodies of its victims and is passed to the next generation. From 1961 to 1971, the U.S. military sprayed Vietnam with Agent Orange, which contained large quantities of Dioxin, allegedly in order to defoliate the trees for military objectives. Dioxin according to the World Health Organization is a carcinogen (causes cancer) and is identified by the American Academy of Medicine as a teratogen (causes birth defects). Between 2.5 and 4.8 million people were exposed to Agent Orange. 1.4 billion hectares of land and forest - approximately 12 percent of the land area of Vietnam - were sprayed. The countless birth defects and injuries are staggering.

But how often we don’t want to face the sad history of our use of violence and our historical efforts from Wounded Knee to Korea and onto Vietnam, to wipe out mass groups of people through massacres, carpet bombing and chemical weapons (depleted uranium weapons in Iraq) in the name of peace and progress. But as we walked into the first classroom my apprehension slipped away and I knew why I was here. I quickly got down to the side of their table and began to talk with them, touch and play. I remembered what I had learned from Fred Donaldson’s Creative Play class. Don’t touch the heads and get down to their space. It was transformative and their smiles infectious. I was so grateful I came.

It is important to experience the casualties of war if only to put a human face on it. These children have been medically linked to Agent Orange decades later. According to the World Health Organization, only 1 - 4 parts per trillion (PPT) of Dioxin in breast milk can cause severe deformities in fetuses and even death. But up to 1450 PPT are found in maternal milk in Vietnam. Dr. Jeanne Stellman, an agent orange expert, says that "this is the largest unstudied environmental disaster in the world (except for natural disasters)."

The US courts threw out the Agent Orange case brought by some fellow Guild lawyers and friends Jeanne Mirer and Jonathan Moore on behalf of some victims of Agent Orange and their association. The court concluded that Agent Orange did not constitute a poison weapon prohibited by the Hague Convention of 1907. The Supreme Court refused to review it.

US veterans had successfully sued the chemical companies Dow and Monsanto (now bringing us GMO Food) who settled out of court for $180 million. Later the vets received $1.52 billion per year in benefits from Congress. Despite promises from Nixon of unconditional aid and clear liability, no assistance has been made for the children or the other victims in Vietnam. Will we ever truly heal until something is done and ackowledged?

The U.S. government and the chemical companies knew that Agent Orange, when produced rapidly at high temperatures, would contain large quantities of Dioxin. They also knew that the Bionetics Study, commissioned by the government in 1963, showed that even low levels of Dioxin produced significant deformities in unborn offspring of laboratory animals. The report was suppressed, Agent Orange continued to be sprayed until after the report was leaked in 1969. Furthermore the Eco-damage wiped out significant forests, made species extinct and still contaminates parts of Vietnam. No US funds have been paid to clean up the mess.

In order to continue the struggle to Congress to get some funds for the victims and their families a Court of Conscience was called in Paris in May by our group IADL and the findings are astonishing and stark reminder that the breadth of destruction left by acts of war go far beyond the “target..” You can read the decision of the International Judges at our site at www.nlginternational.org. On my visit to this Friendship Village I learned that this fellow I met ( pictured below ) had had several children but they all died as infants (an all too common event for parents exposed to Agent Orange). He had been in the areas blanketed with Agent Orange during the war. The Village lets him come for rest and to work with him, as he has difficulty with mental functioning.

Can we even imagine such a trauma to a family? Today I had my new grandson’s 1st birthday party.....Unimaginable.

I recall vividly in 1971 on the steps of the Capital, Peter Paul and Mary singing that deep refrain “when will we ever learn, when will we ever learn?” It pains me that forty years later we still are duped into believing that war is an answer for anything. I think of the millions of Iraqi families scarred for life and for generations.

In the end it is the smiles, songs and faces of the children from Friendship Village that will stick with me forever.
We are creative beings with unlimited potential but we cannot be silent in the face of those who cling to the past ways of relating and solving problems. I hope all of you reading will find a small way to let your congressperson know that they should support a Victim Fund for Agent Orange victims in Vietnam and you can make a donate to Friendship House (www.friendshiphouse.org.) But also find something in your life that supports a move to peace in our world. On March 18, 2002, Vietnam Friendship Village Founder George Mizo died at his home in the village of Hofen, Germany. His wife Rosi and son Michael sent out a message of love for George: "Peace is giving something to life...Your spirit is living in our hearts and in the Vietnam Friendship Village. --With love, Rosi and Michael Mizo, Hildegard Hohn, and all the people you have touched with your life."

Eric Sirotkin
Ashland Oregon

PS - Thanks Marjorie Cohen, one of the Judges of the Court, from some of the stats above. Read her full article on Agent Orange on our site also at www.nlginternational.org

2009-06-10T04:21:00.001-07:00

It's been fascinating being here, not least to see the Vietnam War from the Vietnamese perspective. Monday we got a tour of the Army Museum, and heard the pride (justifiably) with which the people discuss winning the War and defeating the US.

Today Karen and I sat in on an incredible discussion between NLG law students and Vietnamese students, some law, some language students,a nd after feeli ng each other out and comparing educational systems, Dan brought the discussion to the heart of the issue, The War. The Vietnamese students are very angry about Agent Orange (the Orange Poison as they aptly call it) and everyone seems to know people who are affected by it, now into a third generation. As always in the world, we have a lot to answer for!

When the war itself came up, they were staggeringly gracious, differentiating between Lyndon Johnson and the American people. Citing the Mobilization march, and other demonstrations, they are taught, and talk about how the American people stood in solidarity with the people of Vietnam and made the government stop fighting the war.

They talked about how Americam soldiers were victims and suffer as well.

I couldn't not say something: They give us way too much credit! It was a struggle then as it is a struggle now to get Americans into the streets, and to actually empathize about the suffering of others, to actually see the world beyond the U.S.

In the midst of cryi ng, I was able to apologize and to tell them how glad I was that they had won the war and to sit here in a free Vietnam.

Dan, Karen, and others made wonderful eloquent statements.

One of the Vietnamese quoted Uncle Ho saying that we will drive the AMericans out of teh country and then, when they ask to come back as equals, to roll out the carpet and welcome us back. And, here we are.

We hugged and cried together, and posed for pictures. It was an amzing connection. Solidarity in beautiful radiance.

Two clear lessons, probably more:

1) Every little demonstration that we suffer through where we think no one is watching, no media are covering it, and 50 people show up, makes a difference in solidarity. People are watching, and 30 years from now, maybe the Iraqis will learn about our marches in their history books.

2) Imperialism can be defeated, by determined nations, underarmed, poor, but determined. The empire cannot maintain occupations in the face of committed resistance, and Empires always fall.

The Vietnamese, are extremely welcoming, generous, gracious, and immensely inspiring.

Every town, and most parks and street corners have shrines to the dead of the American War, and yet they welcome us.

There is the old stupid cliche spouted during the War and now again about Iraqis, Afghanis, etc. that they don't value life as we do.

In fact, it's become very clear, they value life in ways that we as Americans can barely begin to understand.

From Hanoi, The City of Peace, may peace be with you all,

Larry Hildes

GUILD'S JEANNE MIRER ELECTED PRESIDENT OF IADL

2009-06-10T01:01:00.000-07:00

CONGRATS TO JEANNE FROM HER NLG DELEGATES AT IADL AND FROM THE WHOLE INTERNATIONAL COMMITTEE! Congrats to Osamu Niikura from Japan who will become Secretary General.

The Vietnamese are SO magnanimous

2009-06-09T22:55:00.000-07:00

I just came out of an IADL organized meeting between American and Vietnamese students and young lawyers from around the world, and I am so very humbled by everything the Vietnamese shared with us. These people have the biggest hearts possible. Vietnam continues to struggle and live through the unimaginable physcial, psychological, and ecological damage we unjustifiably imposed upon them less than thirty years ago, in living memory, but here's what the students said about it:

- my family members and my people have suffered from all of the destruction of the war, and it is the responsibility of the present generation to alleviate their pain by fostering partnerships and good relations with the world.
- One woman shared a really poignant story about her uncles and parents who fought against the American invasion--all of them are disabled, and despite the difficulties they have faced personally and in raising their family every step of the way -- they taught their children that "all Americans are not the same, it was the American government of the time that attacked us, not the American people. The people of America were with us, they marched for us and went to jail for us."
- We hold the future and we awnt to hold it for peace, and we want to forget the past atrocities in order to create a bwrrwe duruew.

These sentiments resonated consistently across the comments, and it was absolutely humbling for me to witness a people -- who America tried to completely break through its indiscriminate bombing campaign and sanctions since -- stand up and reach out with a hand of friendship. Everyone sitting in the room was in tears. Though we shared the pain and suffering of the Vietnamese people, as Americans, I think our tears also symbolized an element of anger and frustration for the injustice that our country has done to millions of Vietnamese.

One thing that came up several times was the our gov'ts hypocrisy in reimbursing our war veterans for damages from Agent Orange, but their strict refusal to do the same for the Vietnamese people. Yesterday we went to the Vietnamese Friendship Village, one of few institutions that take care of children and veterans of Vietnam who have been affected by America's campaign to defoliate this country by spraying Agent orange. Generations of children and their families completely deprived of "life, liberty, and pursuit of happiness." Children born disabled and deformed; families forced to child-rearing instead of earning an income; villages burneded and eternally scarred with the stigma of rearing deformed children and losing family members to complications of Agent Orange --- sheer injustice from every perspective!!

In our country, we compensate victims for the slightest tort crimes with millions of dollars -- but we refuse to deliver that same justice to individuals who were systematically and knowingly sprayed with this heinously toxic chemical.

As Americans, we came out of this student delegation feeling a deep sense of injustice, one stemming both in America's misguided foreign policy that is imbued with the dichotomous us vs. them rhetoric that is blantantly racist, with a mission to do something for this. We need to support our Vietnamese bretherens and bring justice to those who have suffered by holding our government accountable.

Anurag, NYU Law

We Don't Think Marjorie is Ever Coming Home

2009-06-09T22:09:00.000-07:00

The RIght to Peace Requires Social Justice

2009-06-09T21:45:00.000-07:00

The Right to Peace Commission was filled with people form around the world expressing their visions for a peaceful world. Just the holding of the workshop seemed to reflect what is needed. Listening. Sharing. Curiosity.There is always so much to learn.
There is more that binds us than separates us. The Japanese delegation talked a lot about Article 9 and the UN Charter. A proposal to start an international campaign to not only protect Article 9, but to incorporate it in every constitution was proposed. Speakers from the US, Japan, North Korea, France, Vietnam and others covered the UN documents and resolutions that make peace.

Last night a the Pub we had a gathering of lawyers from the US, Philippines and Belgium. We laughed , ate and shared ideas on how to effectively organize around international peace and justice issues. Listening to the stories of people working on issues of refugees, political prisoners and UN enforcement is very inspiring.

But what is the key to peace? Is it any clearer to me after this meeting? I think its hard to define. However, the past speaker, a woman lawyer from Vietnam, did remind us that “Reconciliation is the First Step to Peace.” It is true and its why I work for a peace treaty in Korea.

We did have a short debate about is it feasible to prohibit war in national Constitutions. The Vietnam speaker said that she thought that Article 9 in Japan was more theoretical than practical as Japan has such an extensive Navy and “Self-Defense” forces. However, I rose up after to strongly contest such a statement saying “ The fact that not one Japanese soldier or citizen had lost his or her life in any war since 1945 is a very practical solution. If not for Article 9 they would have joined the US in Vietnam, Iraq and other wars and killed many many people.

Thus countless of thousands are alive today because of Article 9. Costa Rica also survived and thrived during a decade of war all around them in the 1980’s in Central America because of their peace constitution. Thus, it is not theoretical, but has very, very tangible results.” What I see from this Right to Peace workshop is that peace is not only practical, but saves millions from pain and suffering.

We have formed an Article 9 Working Group to spread support for Article 9 and to work on similar peace resolutions here. Please contact the Working Group Chair Chris Orton at orton@igc.org to help out or to get an Article 9 package for presentation with your chapter or group.

At the Congress are people who actively challenge the idea of preemptive war, work at the Hague and with Human Rights Commissions around the world. It is truly a gathering of "People's Lawyers."

There are mixed reviews on Obama here in Hanoi among our delegation and those around the world. There is still a large camp who support his efforts, and certainly his language, but many seem critical of his failure to translate it into action. His actions of continuing the war in Afghanistan, failure to release the photos of Abu Grahib and of course his failure to abolish the military tribunals. I point out that he likely did not release the photos because they would have re-ignited opposition around the world at a time in which he preferred to approach the Muslim world with his Cairo speech and reaching out. The speech and bridge building would have been destroyed and much time lost in building a safer world. On the tribunals, I suspect his decision to “tweek” the process will have the same effect, for if you require due process, throw out confessions under torture and mandate specific evidence most of the cases will be dismissed. For me, the “war” in Afghanistan and into Pakistan is more troubling. I think he should use creativity in calling the “war” a mistake and that these should be treated as crimes with an international body like the ICC set to handle the cases. A war only breeds fear and fuels the arms industry. The acts of 9/11 etc were crimes and should be treated as such - people caught and prosecuted for such crimes.

Currently I am listening to a delegate from Bangladesh share what is going on for lawyers and struggles there for democracy. A government was supposed to transfer power, but failed to do so and the lawyers and others had to fight for it. Vanessa Ramos, the President of the America Association of Jurists (AAJ) spoke on Latin America and the increased peace in the region. The India Association of Lawyers has a large delegation here and they are now presenting on their efforts on peace-building and their support for the Pakistan lawyers - of which there are several here who were detained and arrested during the struggle when the Supreme Court justices were removed.

A delegate from North Korea just got up and passionately spoke about his lawyers organization’s efforts to support movements around the world for peace and self-determination. He told the group that in 2005 he had visited South Korea for some time and that the South Korean lawyers groups and peace groups are very supportive as well of the goal of the Koreas to uphold their agreement of June 15, 2000 to work toward reunification. The two lawyers here from DPRK have been very active participants. I am pleasantly surprised to have had this time to meet and interact and always feel more hopeful when I find people from North Korea who share similar views with many peace-loving Americans.

The world seems so much smaller and more manageable here. Regardless of the impact of IADL around the world, which of course is limited, the collective force of the work of those associated with it play a clear role in creating a more just and fair world. Yet, at times an IADL resolution has put pressure on a government to take action and the work of these lawyers has saved countless lives. Also, one can never underestimate the power of playful and creative exchange!
Posted by Eric Sirotkin Ashland Oregon

Eric's Talk on the RIght to Peace in Korea at IADL

2009-06-09T17:07:00.000-07:00

The Right to Peace in Korea with Eric Sirotkin at IADL Congress Hanoi from Eric Sirotkin's Ubuntuworks on Vimeo.

Dan and Lincoln's Research Night Out

2009-06-09T09:51:00.000-07:00

President of Vietnam comes to IADL

2009-06-09T09:32:00.001-07:00

Vietnamese President Nguyen Minh Triet at the XVII International Association of Democratic Lawyers Congress from Eric Sirotkin's Ubuntuworks on Vimeo.

Incident at Hoan Kiem Lake

2009-06-09T09:25:00.000-07:00

This is my first time in Asia and my first IADL Congress and the combination is pretty mind-blowing. I'm taking the day off from the Congress today (the "commissions" are over and today is the organizational day, elections, etc) to spend my brithday paying my respects to Ho Chi Minh and trying to write my thoughts down before they abandon me.

I've been starting every day at 5:30, walking the few blocks thru the old quarter from the great little hotel Eric found for us to the gorgeous Hoan Kiem lake, to join literally thousands of local people doing everything from tai chi to aerobics to fan dances to badminton with and without nets and with raquets or feet, to solitary meditation, to just walking around the lake in a huge river of people. The ubiquitous motorbikes are few and far between at that hour and the lake is as calm and reflective as the people.

Yesterday I did my qigong at the far end of the lake near where a young man was up to his neck in the water, slowly walking around and apparently picking occasional plastic bottles out of the water. I quickly realized he was developmentally disabled in some way. (More Agent Orange?) His mouth was open with a frozen surprised expression on his face. He started submerging and coming up with various things from the bottom of the lake and looking them over and holding them up to the sky -- a beautiful blue and white vase, a mucky woodframed screen, and then an amazing ceramic sculpture with a golden dragon and colorful creatures, which was partly covered with snails from the lake. He noticed me looking at him and brought the sculpture over to me as if to offer it to me. I bowed and smiled and pointed to him, as if to say no, it's yours. Suddenly there were two young cops by my side. Apparently, it's illegal to swim in the lake and they wanted him to get out. But instead of yelling at him or threatening him they spoke gently to him and soon there was a crowd of 50-100 people all trying to talk him out of the lake. No one taunted him, no one yelled at him, everyone was gentle and concerned. I had to leave to catch the bus for the Congress so I didn't see the end. But I heard a breaking sound as I was leaving and I found a broken piece of the blue and white vase when I went back this morning, so I think he may have thrown the vase on the concrete bank of the lake, perhaps not understanding that it would break or perhaps trying to fend off the people. Most mysterious. I'm telling about this because the gentle way the people responded seems to typify the social interaction I've observed. Maybe it's not socialism. Maybe it's Asia. It's definitely not what would have happened in a city in the US.

Susan Scott
Inverness, CA
Co-chair NLG IC and Task Force on the Americas

Globalization and Economic, Social and Cultural Human Rights

2009-06-09T03:11:00.000-07:00

There is a lot of discussion about action on economic, social and cultural human rights on the agenda, especially with the economic downturn. The downturn is hitting the working poor, youth and women especially hard; all around the world.

It is well known that many of the debts which cripple developing countries were assumed by illegitimate leaders (ie, military dictators) or corrupt ones, but what is less clear is how to create a process for sorting out these loans and forgiving debts that are unfair.

One good proposal that has been floated is to create a legal framework (probably an arbitration system) with guidelines to forgive all debt that was assumed by illegitimate leaders or legislative bodies, and/or all debt which would stunt progress on the Millennium Development Goals.

Lincoln Ellis (NLG student member)

Where do we go from here?

2009-06-09T01:28:00.000-07:00

Much of what has been posted on this blog has been about the personal experiences and observations of our delegation. These things have certainly provided depth and color for our readers. They give insight into the culture of Vietnam, not to mention the many and diverse cultures, backgrounds and experiences of the attendees.

But it is important to recognize that we must be about more than building individual relationships, as important as they are. And we must do more than inform others of the value of such relationships. The purpose of the congress, the purpose of our traveling half-way around the world, is greater. As Marx said, it is not enough to understand the world, the point is to change it.

And it is not enough to share with others our experiences in Vietnam. The point is to use those experiences to build a united global movement to defend and expand human rights around the world. It is critical that we develop lasting organizational ties with the IADL and its member organizations and that we become greater than the sum of our parts. While personal friendships developed are meaningful and valuable, we are obligated to transform those friendships into alliances in defense of the oppressed and exploited and in opposition to imperialist war and imperial domination.

We in the United States -- in the belly of the beast -- have many responsibilities:

** We must support the demand for reparations and justice raised by the Vietnamese victims of Agent Orange

** We must not only defend Japan's peace constitution, but bring Article 9 home to the United States

** We must ensure the growth of the movement for boycott, divestment and sanctions against Israel

** We must continue to support the Pakistani lawyers movement

** We must support Filipino lawyers and judges who are faced with assassination, disappearance and prosecution for defending human rights against the Arroyo regime

The list goes on. It demands immediate attention and organizational struggle. If this blog does not inspire us to redouble our efforts, we have not expressed ourselves well enough. And if those of us who came to Hanoi are not still engaged next year and beyond, we will have some nice memories, but we will have betrayed ourselves and the movement for lasting peace, true justice and a better world.

Un otro mundo es posible.

David Gespass

Brief Reflection

2009-06-08T09:55:00.000-07:00

I will be forever grateful to all of those who encouraged and made it financially possible for me to attend the IADL Congress in Hanoi. I am a 3rd year law student at Loyola College of Law in New Orleans, Louisiana and am plan several of our Guild's events and programs. The time at the Congress has been very inspiring and educational for me. Through meeting delegates from countries that we seldom have an opprotunity to share stories, meals, and time with (ex.- Bangladesh, Lebanon, Colombia, North Korea), I have gained a better understanding of what it means to be a people's lawyer in the context of international law. To daily hear the stories of struggles and hope by lawyers who practice and study the law with an economics and global perspective has been a moving experience. I have made much progress in my own way of seeing the practice of law as an organic and holistic journey for justice. While it's easy to get discouraged with our ideals of a more peaceful and loving world, there is so much beauty and hope to be found in the stories of ordinary people whose voices have been heard because a people's lawyer was able to make the law accessible to the oppressed and/or voiceless.

Alison McCrary

Photos of Titles of Break-Out Sessions at the Congress

2009-06-08T09:49:00.000-07:00

Balance

2009-06-08T09:42:00.000-07:00

I hinted at the idea of balance in my first post, but I wanted to expand upon it in light of our congress. I ran into some Americans the other morning who said they had been coming to Hanoi every year or so since the early 1990's and said that at that time, there were no cars and all of the motorbikes here now were bicycles then. Old Hanoi had certainly changed, but there were still vestiges of that time and I didn’t get the feeling that the people here were as frenetic as the pace seemed to suggest. There seems to be a certain balance between the pace and the culture. Amidst madness on the streets, there is no “road rage”—in fact it seems like people think it’s hysterical when the traffic gets out of control. Yesterday, I watched as ten or so motorbikes tried to untie an impossible entanglement in a narrow alley and the level of stress never seemed to escalate. Maybe I made more of this occurrence than it deserved, but that could never happen in the high stress world of Los Angeles.
Amidst the development in Vietnam, it needs to be able to develop in way that balances respect for culture, the environment, and social rights. I suppose that the mere fact that GDP gores up doesn’t necessarily mean that development is taking place if these aspects of society are not considered and protected.
I hope that as lawyers we are able to achieve balance as well. I think that most people would observe our congress and accuse us of being idealists in some way and feel that the world we envision cannot be achieved. I disagree. First, I think that it takes a certain level of realism to recognize the problems of our world and to decide to try and face them head on, not just by protests (which can also be effective), but also by addressing the fundamental deficiencies in our system, the clear injustices allowed by our institutions of power and the global and holistic impact (economic, social, cultural and environmental impacts) of our actions. We have discussed the right to peace, the need for an independent judiciary, the need for prosecution of crimes against humanity and the requirement to respect the rights of workers and the environment.
We tend to place seemingly conflicting ideas on opposite ends of a spectrum—liberalism versus conservatism, tradition versus progress, industrialization versus environmentalism and idealism versus realism for example. Our challenge is to find harmony between these ideas because it is only by realizing this balance that we are going to be able to move forward in a healthy and sustainable way.
How do we accomplish this harmony? Quite simply, a balanced and well informed approach necessitates awareness which is accomplished by discussion and transparency. President Obama was recently criticized for his frequent acknowledgment of “extreme Islam” during his recent speech in Cairo. By doing so, it was argued that Obama empowered these radical religious groups and endangered both the United States and its allies by doing so. In fact, I would argue that the opposite is true. By opening the lines of communication and recognizing the presence of these religious views in a high profile situation, Obama humanized this group of people and by doing so, the unknown becomes known and the menacing becomes manageable.
By creating transparency and dialogue, fear is reduced and common interests can be recognized. In other words, peace becomes possible. When Obama said in his Cairo speech that his name was in fact Barack Hussein Obama and that he had Muslim blood lines somewhere in his ancestry, he created common ground which could be more easily traversed. In breaking from the “you are either with us or against us” mentality of the prior administration which was used to create fear and animosity, Obama has attempted to say “you are us and we are you.” We have common desires. We have common needs. We have common goals. In an increasingly interdependent world, we can only accomplish those goals by working together and creating solid relationships with one another. Competition must be transformed into cooperation. Obviously this can only be done through communication which can lead to understanding and respect. These realities must be allowed to permeate our system.
Balance will allow us to create a system where we are able to justify what has historically been understood to be diametrically opposed. Balance will allow us to accomplish development as well as conservation. Working to attain balance will force us to consider to holistic effects of our actions. We are but one living organism on this planet and it is only through the effective imposition of peace that we will not only survive, but thrive.
This seems to be one of the goals of this conference and to have the opportunity to sit in the same room as progressive lawyers from all over the world whose collective focus is to reshape the system of law and politics to allow for greater equality and peace is both beautiful and incredibly powerful.
Dan Parziale, Loyola Law School

Amazing Experience

2009-06-08T08:40:00.000-07:00

This IADL, as with the previous Congress we attended in Paris in 2000, has been an extremely heady experience. As much as it strengthens and informs our work as Guild lawyer and legal worker to gather with others doing the same or similar work around the country, multiply that 1,000 fold to meet and discuss stratgy with lawyers doing similar work around the worldespecially in these times when the crushing boot heel of repression of dissent remains astride the Constitution.

I've had the privilege of being able to compare notes with lawyers doing mass defense work almost identical to mine in Britain, Turkey, Belgium, etc. It is immensely powerful to know how many of us engaged in similar struglles and building common ground around the world.

There's common work for Guild Lawyers doing everything from employment to fighting anti-terrorism laws, to feminist lawe, anti-globalization, you name it.

I participated in the track devoted to anti-terrorism laws. Many great presenters attacked the substance and theory of that legislation. In addition we discussed building a strategy to get those laws scrapped, and strategies for winning freedom for the Cuban Five.

Meanwhile, Filipino people's lawyers get to talk with those in Indonesia, Belguim, Columbia. the Western Sahara,a nd yes, even the US.

WHere else would you hear a Cuban attorney followed by an Iraqi human rights lawe discussing what to do about US imperials. You're certainly not going to hear that conversation in the States.

Larry Hildes

Student meeting agenda

2009-06-07T16:59:00.001-07:00

This is a quick post to solicit input from law students who may be reading this blog. There will be a student meeting at the IADL on Tuesday, and we'd love to hear from you about what issues are important to law students from around the world. You can let us know in the comment section.

Impressions of Hanoi

2009-06-07T16:44:00.000-07:00

First I want to thank all of the people who made it possible for me to be here-Loyola Law School, Ami Silverman, Sterling Franklin and the National Lawyers Guild-thank you for your generosity.

One of the first things I said about Hanoi was that it was a beautiful and chaotic city, but after a few days I have to say that it is a whole lot more. During the midday, getting across the street is an adventure--thousands of motorbikes moving in all directions at the same time with the streets lined with markets of every type but in the mornings there is none of this. I was able to get up around 4:30 the other morning and walk to the lake in the Old District and it was silent. Hundreds of people walking around the lake, doing thai chi, and meditating--preparing for the day. It was the sort of balance that we oftentimes forget to strive for in the United States and one that I think defines life here in Hanoi. The people are intense, but kind and personal. The food is overwhelming, but you cant get enough of it and the age of the city is balanced by the energy and vitality of it.

I am honored to be here as a student representing Loyola Law School in Los Angeles and I am eager to learn as much about this place as I can. I am attaching a couple of pictures I took while at the lake.

Photos from the First Two Days:

2009-06-07T09:46:00.000-07:00

American Law Students with the British and Filipino Delegation!

Notes from Commission VI: Accountability for International Crimes

2009-06-07T09:39:00.000-07:00

ACCOUNTABILITY FOR INT’L CRIMES

Panel: Jonathan Moore (Police brutality lawyer in NEW YORK); Jeanne Mirer (Sec-Gen, IADL), Mr. Hoang The Li (Dep. Minister of Vietnam Lawyer's Association), Mr. Mario Joseph (Lawyer, Haiti)

General Theme -- Questions of Reparations for victims of war, slavery, unjust intervention.

Accountability for International Crimes

Sunday June 7, 2008

A. Mr. Hoang The, Deputy Minister of

a. Crucial for us to guarantee justice for human beings

b. When looking at the international community, we must see individuals as we see ourselves

c. Questions raised

i. Feasibility of compensation for victims?

ii. Responsibility of the government in the legal system within each country?

iii. Is it feasible for us to expand the scope of accountability to third parties?

iv. What is the role of the International Criminal Court?

1. It needs to be an effective instrument for justice

2. ICC needs to ensure justice in the daily lives of people

3. How should the ICC interfere with roles of national governments?

v. Clarify the following:

1. Judicial rights? DO judicial rights affect the sovereignty of each nation?

2. Focus on corporate accountability and responsibility

3. Define the responsibilities of corporations in relation to the crimes committed

d. We need to look at the efforts made by different nations and come together in unity for each other’s concerns

B. Morning Session: Compensation ad legal responsibilities

a. Compensation for victims of Agent Orange- a presentation by Nguyen Dac Nhu-Mai of Vietnam

b. Chemical warfare under the US program,

c. US Army sprayed over 10,000 chemical substances over the area of

d. Tons of timber have been lost and millions of people have been victims of this chemical warfare

e. Affects the world ecological system.

f. Affected Vietnamese and American soldiers

g. Agent Orange was the most toxic substance used- Dioxin

h. A remedy depends on the amount of intake of the toxic substance- some cause cancer, others death

i. Crimes have cause pain, suffering, and anguish to 3-4 million people and their families (majority are civilians).

j. US Army has used more than 3,000 tons of toxic substances. Entire populations in Vietnam have been wiped out, especially in the mountains

k. Average amount is 360 kg of agent orange used during the chemical warfare in southern Vietnam.

l. We need to analyze the land of Vietnam in relation to this toxic substance. The toxic level created by the US Army on the Vietnamese land is the highest in the world.

m. We need to reduce the toxic levels.

n. The levels of toxins in the land are thousands times greater than the minimum environmental regulations set forth by the US government.

o. Average amount of toxins in blood is 1.9% PPT.

p. Government has recognized the need to help the people affected by this chemical warfare.

q. Vietnamese scientists have carried out and we receive a lot of assistance from the international community

r. Agent Orange has had a negative effect on the people and 3-4 generations from the victims.

s. Chemical warfare is not a weapon of mass destruction for just one generation but a weapon of mass destruction for many generations to come and long-term effects on the soil, air, and water in the area.

t. The US government knew the effects of this substance on the land.

u. US violated international law: Geneva Convention in 2005.

v. People must be held accountable for their crimes.

w. www.iadllaw.org – section on website address international campaigns.

x. Compensation for Vietnamese victims of Agent Orange is an international campaign.

y. The issues explained on the website will be elaborated in the future.

C. Afternoon Session: Comprehensive Remedy and responsibility of the International Court

a. Mr. Mario Joseph of Haiti

i. Haiti was the first to carry out the revolution

ii. Haitians have been killed by US troops so they could explore our gold mines.

iii. The US has exploited worked.

iv. Haitians suffer from the long term effects of colonialism.

v. Many Haitians still live in exile.

vi. In 1904, the French colonialized.

vii. Haitians have been liberalized and we have created a nation-wide solidarity campaign to fight against exploitation.

viii. UN needs to send a special envoy to Haiti to prevent Haitians from being victims of unrest.

ix. Haitians are helpless because the United States prevents stabilization.

x. Haiti would like for more people globally to be aware of their situation.

b. Korea Democratic Lawyers Association from People’s Democratic Republic of Korea

i. Crimes committed before 1945 against the Asian people by Japan

ii. Slavery crimes are still committed today.

Madame Mai:

- Technical aspects of Int’l Court of Conscience for victims of Agent Orange in Vietnam.

o Organized by IADL: Consisted of 7 Int’l Lawyers

- Present photos of court held in Court, 15-16 May, 2009.

- Testimony presented by victims: “Justice for Vietnam Ribbons”

o Vietnamese civilians, former US GIs, GIs from other nations like South Korea involved.

- War Crime under Art 6(b) of Nuremburg Convention – using dioxin is a war crime.

o War also pronounced illegal/unjust

o Intergenerational Ramifications

- Verdict: USG & companies complicit in atrocities are responsible for compensation to victims

o Amount is yet to be calculated

o And the amount should be transferred over a period of 4 weeks.

Lawyer & Professor of Law in Vietnam: Prof. Liew Win Dat (?)

- Three Points:

o Who are the perpetrators of crime?

o How to ask for compensation to USG & Companies?

o What should be the guiding principal for compensation?

- Intl Crim Law insuff to fit the context of this situation à doesn’t include crimes committed by ecoside

- Effects of Ecoside

o Damage of human health not sufficient. This was used as a mechanism to commit genocide – despite controversy

o USG & Companies have not recognized their rights as neither participated in Tribunal.

§ Problems: (1) how can we engage them in enforcing the Tribunal’s decision?

· Perhaps the UN? Potentially with UN’s HRC?

§ (2) Estimating damages

o Why did they still commit these crimes knowing they were int’l crimes? Especially applicable to Iraq…

- Ends with Ho Chi Minh quote: “unite, unite, unite…success, success, success”

- Recommendations:

o Not solely Vietnamese but a global issue – holding US accountable for their responsibility

o Attain Success Now or in the Future.

Jeannie Mirer:

- Unsuccessful in US Courts – it was a legal weapon bc it was a herbicide and there was no int’l law classifying dioxin as illegal – loss of life and property was pronounced collateral damage

- There have hearings on this in the US congress, so perhaps resolution through legislative means, but long struggle.

- www.iadllaw.org: Link to IADL’s int’l campaign for Vietnamese victims of Agent Orange.

- Q: In the proceedings going fwd in US Congress, are the claims of Vietnamese being combined with claims of US Veteran? Would it be of any benefit to take this claim in fornt of the HRC to embarrass the US, and perhaps lead to some sort of settlement?

- A (Moore): There was a case filed in 1979 re injuries caused by exposure to Dioxin; ready for trial 1984, only against chemical industry, not USG (couldn’t do it), and they settled for $180 million; very small amount for catastrophic damages. “best they could do at that point”

o Veterans whose illnesses revealed after the settlement were first rejected (collateral estoppels) but then later permitted by the SCOTUS; yet then the case of Vietnamese seeking compensation was dismissed by all courts.

o Change towards US vets in 1990s – US Vets began being compensated for injuries ssustained by Agent Orange as long as they can show they served in Vietnam during the period Agent Orange was used, and they were in the area that it was sprayed, and they had an illness identified by US Inst of Medicine that is caused by Agent Orange.

o As of 2005, 160,000 US Veterans receiving full compensation for Agent Orange related illness, despite their level of exposure was very short, where as the Vietnamese lived under this for three years.

o Currently $1.5B spent annually on compensating US Vets.

o This is gravely iniquitous and by setting up tribunals like Paris, we are trying to build world opinion on this issue. Those who paid for these toxins, who made them, knowing their consequences should pay for it.

o There is an effort to bring this claim to HRC and working with reps in Geneva.

- Comment: Fabio: No question there is an int’l crime, and a denial of justice by the USG bc there was no oppt given by the US to bring claims This case should characterize IADL for the coming years along with the Cuban five.

o Mechanisms: (1) HRC, (2) bring a resolution in front of the UN GA, following art 86 of the UN Charter to bring this issue in front of the ICJ for a consultative opinion.

§ Issues to ask: violation of crimes, denial of justice, consequences 1 & 2.

§ The ICJ can give a consultative opinion.

- Vietnamese Doctor, Emotional Account:

o Birth defects on those affected. She personally experienced the effects of the war, but what she is saddened by the impacts of US on Vietnamese environment, land, and people. Unfair that US Vets are compensated, but not Vietnamese people.

- Mr. Hasan from Lebanon: There are common issues bt situation of Vietnam and Lebanon – wants to collaborate on finding a solution. Reasons why they share the problem:

o Problems with HRC: no enforcement mechanism, no legal voice, jus community voice to create pressure.

o Bring the case to International Courts, write all of the legal bases for this case and raise in the ICJ – two bases:

§ (1) against one nation that has caused int’l crimes and US should bear the responsibility in front of the int’l criminal tribunal

§ (2) There are individual grievances – and bring this case to UNSC to seek resolution from them, Art. 337. Art. 22 in UN Charter concerning establishment of ad hoc commission or agencies to deal with such problems

§ (3) Get USG & Companies to acknowledge chemical warfare.

Mr. Mario Joseph (Haiti)

- Haiti was one of the first nations to be a victim of neoliberal economic reforms.

- Shares impact of imperialism, especially US-led attacks (since 1915) for Haiti’s ‘gold mines’

- US set up a puppet regime in Haiti & recruited many people to extract gold – leading to victimization of Haitian people. Many Haitians live in exile.

- After gaining independence, French has paid $150 million for exploitation of ancestors, but such an amount is both insufficient and insignificant compared to the damages incurred.

- Goal: Prevent extraction and exploitation of natural resources.

- Since 2004, Haiti has been led by a US led commission to stabilize Haiti’s political situation.

o 2003, there was political unrest, UN intervened to stabilize the political situation there and the unrest spread to the D.R.

o 2004, President was kidnapped & UNSC created a resolution calling upon US & Canada to send peace troops to stabilize the conditions on the island.

- Seeks the UN to send special rapporteur to Haiti to stop/report on the attacks there, especially attacks on innocent individuals.

- No justice attained for ‘extrajudicial killings’ and US military intervention.

- Q: How did UN troops arrive in Haiti? What’s the Rule of Law like in Haiti?

- Q: (from Korean Democratic Lawyers Committee) DPRK: crimes committed by Japan against Asians, unless the past is corrected properly – future cannot be corrected.

o Issue of comfort women, forced labor of 6 million Korean, forcefully drafted millions of Asian people, slavery

o Apologize and compensate Japan, in accordance with Geneva convention, violations of Koreans in Japan, UDHRs, etc.

o He asks for establishment for another tribunal.

Right to Peace:

- Japan in Somalia:

o Japan has a peace Constitution but it sent a troops to Somalia with guns

o They would have fired if they had found weapons on a Malta ship – these ships sent were patrol aircrafts. This would be a change in policy because before it was supposed to be completely defensive. Now Japan is trying to make these arrangements permanent.

o Historical background to Pirates firing Japanese ships – acts of piracy have become frequent due to development crisis there: government collapse so they cannot control their territorial waters, they do not have control over their territory, giving rise to Islamic warlord forces

o What is needed is to improve economic situation—int’l cooperation to rebuilding the country so they don’t have to resort to piracy.

o UN GA responded under Chap 7, that use of naval vessels and use of force – same as Bush response after 9.11.

o US is considering bombing strongholds of pirates on ground. What japan is doing with patrol aircrafts is participating in US opearations to end piracy. This violates US convention of law of sea wheich tries to contorl priacy as crimes, but not without military response.

o This response would instead of eradicating problem would make pirates heroes in their nations.

o New challenges to protect peace constition:

§ Japan has never sent combat forces aborad.

§ Self defense forces have NEVER fired forces—but this situation permits such a situation from arising.

- Eric Svodkin, NLG, Korean Peace Project:

o We have normalized relations with Vietnam, exchanged ambassadors – but we have failed to do that with DPRK.

o No relations and no basis for conversation. There is no way to peace, peace is the way (Gandhi)

o Why isn’t state recognition a prerequisite to negotiations – state of war continues.

o In 1953, with no peace treaty, only with an armistice agreement to stop shooting. It required parties to get together to negotiate a peace treaty, there was a meeting in Europe but there were no discussions since until recently.

o Maintaining a virtual state of war and run war games on border, embargoes, and little dialogue, state of world peace is in jeapordy.

o We need peace bc:

§ (1) Legal Right to Peace. UN resolution 3911 – it is the people’s right to peace—not governments. It demands states eliminate war and threat of war ; int’l diputes settled through peaceful means; states hae to d otheri upmost for people’s right to peace.

§ What has happened in Korea? People’s right to peace.

§ Urging all nations to start a peace project on Korea…What does the Korean conflict bring to us?

· Nuclear Non-Proliferation of ALL countries

· Issues of mass-war crimes and massacres.

o Learn about the shocking instances war in South Korea.

· SK govt Truth & Reconciliation Commission found 100,000+ killed by SK & US forces beforethe war even began.

· Fear in Japan that is used as a reason to repeal Art. 9

o Peace in NE Asia s Close. This is because both sides have unification ministers, and draft plans on reunification, but it has often been the US & Japan that have stood in the way of peace in Korea.

o This issue brings the problem of abuse of UN powers. Using UN banner to carry out atrocities across in Korean war

o NO exit strategy for 28,000 troops in SK!! We need to move out today

- Under Right to Peace : we need to stand firm with People of Korea that they have a right to peace.

- Importance of this mission:

o Goal is to support reunification of N-S Korea, while showing solidarity, and currentl militarism of the US is misguided.

o UN must continue efforts to pursue rights to peace in the future.

- We can no longer afford a culture of war, and shirfiing our culture from mainitaing a astate of war to a state of peace.

- Currently, US spends more in Korea than the US spends on MDG agenda on human security, human rights & education.

- Focus NOT on the past – but on the future. Building a peace culture.

Accountability for Int’l Crimes:

Mr. Hasan Juni, Lebanon:

- Holding US companies accountable for producing weapons used against middle eastern people.

- Using CIL and international universal jurisdiction in bringing such cases. The courts in Spain did not respond to our concerns because they did not receive anything from Israel.

- Universal jurisdiction needs to become less rigid, and the Geneva Conventions need to be implemented and executed globally.

- Discussed role of international judicial institutions in bringing peace.

- Subjectively, he is unsure about int’l jurisdiction, but we need int’l solidarity to attain justice, bc currently we feel that we are living in a world without justice. How can we tweak existing organizations to deliver the basic promises of UDHRs.

Dr. Lee Duk Han, Universal Jurisdiction:

- Three points:

o 1) the scale of jurisdiction

o 2) impact of such jurisdiction

o 3) challenges facing them..

A. Writ of Amparo (for property and humans): Extrajudicial Killings in the Philippines

a. Representative of Parliament, Neri Colmenares

b. Escalating human rights violations

i. Enforced or involuntary disappearance

ii. Extra judicial killings

iii. Impunity

c. Under the Arroyo government between Jan 21, 2001 to September 31, 2008, many people disappeared. Many were murdered with no investigation.

d. Make sure that laws are passed so the perpetrators can be prosecuted

e. Writ of Amparo was taken from the Mexican legal system and was imposed in the Philippines

f. In addition to the Writ of Amparo, they also have the Writ of Habeas Corpus.

i. It’s a remedy available whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omissions of a public official or employee.

ii. Who can file the Writ?

1. The aggrieved party or

2. Any qualified person

a. Any members of the immediate family of the aggrieved party

b. Any relative within the 4^th degree

c. Any concerned citizen or association if there is no known members of the immediate family or relative of the aggrieved party.

iii. The petition may be filed at any day at any time with the Regional Trial Court of the place where the threat, act, or omission was committed.

g. The Writ of Amparo gives an opportunity where we can pierce through the veil of immunity and take a steps to hold the perpetrator accountable.

h. The judiciary has been very passive for a long time and now the Supreme Court has come in with the Writ of Amparo.

i. We need to find creative ways to hold governments accountable for their crimes.

j. We can creatively advance the struggle without abandoning the traditional means of bringing justice.

k. We must deal with these human rights violations systematically. We can use universal jurisdiction.

l. Lawyers in the Philippines (National Association of Peoples’ Lawyers) face extreme pressure in doing their work. One of our members were captured and the government was forced to release him only with pressure from outside lawyers in more powerful countries.

m. They need international lawyers to express concern when they are in the Philippines. Come to the Philippines to do a fact-finding mission so the People’s Lawyers in the Philippines can show us the situation.

n. When people from the countries of the UK, US, China, and the EU speak out, it saves lives. It saves murders, executions, extra judicial killings.

o. Certain governments are very important to the Philippines. The US and military aid is very important to the Philippine government

Documentary on Agent Orange -- *Absolutely Amazing*

Anurag Gupta & Alison McCrary

Photos

2009-06-07T09:33:00.001-07:00

Here are a few photos from the Congress thus far.

Quote of the day for June 6, 2009

2009-06-07T09:27:00.000-07:00

“This battle is not over. This battle is far from over. This battle is just and righteous and there is no doubt that with international solidarity, we will succeed on this.” - Jeanne Mirer on obtaining justice for the victims of Agent Orange in Vietnam

Vietnamese Veterans at the Ho Chi Minh complex

2009-06-07T09:10:00.000-07:00

The Vietnam Lawyer Association has extremely graciously offered us a tour of Hanoi. (Those in tracks 3, 4 and 5 could take a tour today while 1, 2, and 6 worked on their recommendations for resolutions; tomorrow, we switch.) Our first stop was the Masoleum, with Ho Chi Minh beautifully preserved after 40 years. He looks like he is asleep, and will open his eyes and talk to you at any moment. Pictures cannot do justice to the size and grandeur of the building and the huge open lawn and plaze in front. The VLA had donated a funeral wreath on our behalf, which was laid at the door of the Masoleum with great ceremony by the guards in their funeral white uniforms. As we began to filter in, one guard raised his finger to his lips to indicate we should be respectfully quiet, a quizzical combination of white gloves and white uniform in the librarian's pose.

We came in through the VIP/foreigners' entrance; through a snafu with directions, some members of the tour and I had originally come to the People's entrance, the Vietnamese entrance. The line from there to the other entrance looked like it was at least a mile, with 10,000 crammed into the narrow walkway that wraps around the outer circumference of the complex. People come from all over Vietnam to see the complex. One of the staff members of the front desk of our hotel said he has seen it many, many times, too often to count.

After you come out of the Masoleum, the line snakes through the complex to view first the Presidential Palace, built by the French for their French-born governor (Ho Chi Minh felt is was too grand for a single, simple man) and then appropriated by the Vietnamese and the two buildings he lived in, one a two-room simple wooden structure, raised on stilts to provide single wide area, about the size of a small conference room, where the breeze could blow while he and his ministers met around a straight-forward table.

At that point, I spied them: a group of Vietnamese soldiers in the old green uniforms that I had seen so often from pictures of the war with the U.S., some of them with medals hanging from their front pockets. I became as curious and stared as much as all the Vietnamese stare at me (white faces are still vastly in the minority, despite the opening up of Vietnam and the encouragement of toursim). I was excited and so much wanted to talk to them: what state were they from? where had they fought? Did they get to met Ho? Did they ever hear him talk? How do they feel about the U.S. today? We are supporters of the U.S. group, Veterans for Peace, which helped to start the Vietnam Friendship Village, an organization that helps children and veterans affected by land mines and Agent Orange. We know several Americans who fought in the war. I ached to reach out to them, to offer a bridge of peace, or even a contact of peace. But it was too sudden, to come across them like this. I could not formulate the words to tell our translator why I was so excited, and my Vietnamese is non-existent. We stared at each other several times in the walk through the complex, sometimes only two or three feet away, but it might as well have been opposite sides of the Grand Canyon. I finally asked permission to take a photo. I wanted to have a picture with them, but even that part didn't come across. They shook their heads no. To have it come down to such a dumb tourist kind of gesture. I feel so sad. They are clearly all older, they must be in their 60s and 70s, who knows if we will have another chance. And who knows how they feel about being approached by this overweight middle-class American woman after all they had been through.

I will write again about the Congress. It is incredibly exciting to be here, the ideals and solidarity expressed are deeply felt and reach across all kinds of barriers of language and experience. That makes the contrast with the experience with the Vietnamese veterans all the more pointed in my heart. But this took me an hour, and I have to up early to get to the meeting point where the very organized VLA has suttle buses waiting for us to get us to the Congress site. Thank you, Eric, for setting this up, and giving us this opportunity to share.

Karen Weill

Seattle, Washington

On being an American

2009-06-07T08:37:00.000-07:00

During the opening plenary, I was pained to hear speaker after speaker, including and especially our own Marjorie Cohn, condemn actions of the US government. I was saddened to recognize that the catalogue of condemnation was only a partial list of my country's transgressions. And I was angered to be reminded so graphically that the United States has been, and remains, the world's most dangerous rogue state. We are a country that has much to offer the rest of the world, but that must start with admission of how much we have taken from the rest of the world.

Of course, being in Vietnam brings that home to those of us of a certain age, whose lives and politics were formed by the Vietnam War protests. But the video about the victims of Agent Orange -- both American and Vietnamese -- drives home the point that the effects of US imperialism in this country that is hosting us are still with its people and ours. The chemical companies that manufactured Agent Orange have made payments to American victims and GI's who were exposed to it are able to collect some disability benefits, but the Vietnamese continue to suffer the ravages of dioxyn poisoning generations later while the US has failed to abide by the commitment of aid it made when the peace treaty was signed and the chemical companies successfully defeated the suit brought against them. It was no secret back in 1969 that Agent Orange poisoned people. I recall Rennie Davis talking about it on more than one occasion.

But I was reminded of other things, great and small, that demonstrate Vietnam and Agent Orange were not aberrations, but the fundamental character of post-World War II America.

I worked for the NLG's Military Law Office in Japan and Okinawa in 1974. Article 9 of the Japanese Constitution, the provision renouncing war, had been imposed by the US and Douglas MacArthur after the war. But, even back when I was there, that was changing. The Nixon Doctrine called for local regional partners to protect US "interests" around the world and, with China looming, Japan was the designated Asian junior partner. Its "Self-Defense Forces" were large and growing, with US blessing. Now, it is being encouraged to scrap Article 9 altogether and the dominant Liberal Democratic Party has signed on willingly.

In Okinawa, US bases covered virtually the entire island. They included a Coast Guard station because even the coast of Okinawa was to be guarded by the US. All the land had been stolen from the Okinawans who had farmed it for generations and had been forced to serve as baseworkers. But they formed a militant union whose principal demand was return of their land, but which also fought for better wages and working conditions. Ultimately, they were all fired and replaced by military "dependents," so were force to scrounge for work in service to the occupiers, mainly in bars and as prostitutes, or to be the last hired, first fired, most menial workers (along with Koreans) on the Japanese mainland. With Okinawa being returned to Japan (the right of Japan to Okinawa is questionable, but another story), control of some of the bases went to the Self-Defense Forces, but none went back to the people from whom it was stolen.

Being here, meeting new friends and reconnecting with old ones from around the world, reminds one of what our responsibility is in the belly of the beast. The world is too small and fragile for us to be complacent or parochial. We are obligated, not just to change US policy, but to change the very nature of the US. We owe it not just to the rest of the world, but to all those suffering at home, victims too of a rapacious system that has converted every wonder it has wrought into a means of enriching a few at the expense of the further impoverishment of billions around the world. I realize this can sound like empty rhetoric, then you meet those victimized and impoverished and you realize the rhetoric doesn't do the condemnation justice.

David Gespass

Arrival to amazing Hanoi National Convention Center

2009-06-06T08:58:00.000-07:00

The Congress met today and we had a lot of fun meeting with poeple from so many countries. Our hosts really entertained us with music and gracious support and we listened to the President of Vietnam and others speak of peace and justice. It is late and I will write more but I wanted to upload some pics for you all to enjoy and watch tomorrow for dozens of pics and even some footage.

Go to http://www.flickr.com/photos/sirotkin/sets/72157619266349131/ for a temporary look at 51 photos from Day one. Tags and descriptions added soon.

Enjoy. You can see that we are. Other delegates will write soon. Good night.

Eric Sirotkin
Ashland Oregon

Seeking Progressive Changes from the Heart of Hanoi

2009-06-05T08:35:00.000-07:00

Hanoi has the most unique traffic pyramid I have ever encountered. One where an entity's size -- whether a vehicle, rickshaw, cart, or pedestrian -- determines its power on the road. Irrespective of this sheer physical and phenotypical power, pedestrians and stray animals push their way through the never ending waves of motor bikes and occasional SUVs amidst the very narrow city roads, where streets too are populated with parked motor-bikes. This power-play on Hanoi's roads is analogous to state-state interactions in international law, which makes it a wonderfully appropo place to host this year's annual IADL conference. The conference will be discussing issues central to contemporary International Law: Right to Peace, Accountability in the Internatinal Criminal Court System, an Independent Judiciary, ESC Rights, and the Right to Development and Environmental Security.

I came to the conference with very little knowledge about NLG's International Committee and the IADL in general. However, the introduction meeting today clarified the history and the objectives of the conference. As we feasted over various vegetarian dishes in Hanoi's old quarter, Jeannie Myers, the current Secretary-General of the IADL gave us brief intro to the organization and the conference itself. IADL was founded in 1946 by the prosecutors of the Nuremberg trial, with the objective of creating an international coalition of lawyers to realize the principles of the Universal Declaration of Human Rights, further enshrined in conventions like the CCPRs, and CESRs. It has lawyer-members from over 100 countries, and they collectively attempt to carry out the struggle against violations of these foundational principals of modern international law. The conference will be attended by over 220 legal practitioners and students, and the President of Vietnam will give the plenary talk!!

Regardless of the fan and flare of the line-up, what I found most interesting were the career paths of the lawyers with whom I met. I would say over half of the 16 or so lawyers present had worked directly on labor and employment issues across America, and almost all had served as staunch opponents of the Vietnam War (and presumably Iraq too!). In fact, Jeannie spend the last 10 years of her career to use legal avenues to bring compensation to the victims of Agent Orange via American war-tactics during the 60s and 70s. It was refreshing to see American lawyers working on justice issues across the world, from Human Trafficking issues in Tajikistan, to human rights promotion in post-conflict Bosnia and Croatia to serving as defense counsel at the ICTR to pushing for peace on the Korean peninsula to suing oil companies for their misadventures in Nigeria to working with advocacy groups in Venezuela & Cuba. It was pretty inspiring to be sitting among a group of folks who were reaching beyond the rhetoric to make things happen, and hopefully this would serve as a good segway into tomorrow's events!

Anurag Gupta,
NYU Law School

Let the Games Begin

2009-06-05T07:28:00.000-07:00

Lawyers and law students from all across the US gathered here in Hanoi today for a great veggie feast at the Tamarind restaurant (conveniently located right across from the Elegance Hotel). It was great seeing everyone excited about Vietnam and being here. We first met with a representative from the Vietnam Lawyers Association who brought us gift briefcases, our manual with the translated papers and a gift for everyone. The event starts tomorrow and we head early to the Convention Center. The President of Vietnam comes to address us tomorrow. We will try and tape it and get it up to watch. Banners hang around town welcoming the IADL.

Art and Sandy had just gotten back from a boat trip on Halong Bay. Beautiful caves and rock formations and some kayaking too. Marjorie was sharing with some students and others her first trip to China just after Mao died in 1977 with the Lawyers Guild. Several people had just arrived and more are still coming in. What was most exciting was to hear the wealth of experience as people went around and talked about their work and lives. Michael Sorgen shared his work in the 60's where they actually got a Federal Judge to declare the Vietnam War illegal and tracked his work forward through stop-Loss challenges and other cases. Law Students shared their experiences in finding the Guild and how inspiring it was to be here. Tiger Beer and Carrot Juice flowed freely. Watch for everyone's blog entries in the coming days.

Eric Sirotkin
Ashland, Oregon

Awakening to Vietnam

2009-06-04T21:28:00.000-07:00

The beauty of the lotus flower here in Vietnam rising out of the depths of such struggle and darkness to bloom ever brighter.

On the Headset on the way to Vietnam Tim Buckley (Yes Jeff Buckley’s dad to those of a younger era) is singing that amazing and powerful song from the stunningly complex and heart-filled anti-war film with Jon Voight, Bruce Dern and Jane Fonda - Coming Home. A poem that goes straight through the heart.

“Once I was a soldier
and I fought on foreign sands for you
Once I was a hunter
and I brought home fresh meat for you.

Once I was a lover
and i searched behind your eyes for you.
Oh but soon they’ll be another
to tell you I was just a lie.

But sometimes,
I wonder
just for a while.
....will you ever remember me.

Though you have forgotten  All of our rubbish dreams...I find myself searching
through the ashes of our ruins.

For the days when we smiled
and the hours that ran wild
with the magic of our eyes
and the silent of our worlds

But sometimes
I wonder
Just for a while.
Will you ever
ever, ever,
remember me.

Coming to Vietnam was to be a healing journey. I never served the war, but as a teenager I took to the streets. It was my parents who first took me to an anti-war demonstration - even to Washington for the Moratorium of 1969. Soon after I went with friends to DC for mass
gatherings for peace in 1971 and in the counter-Nixon inauguration of 500,000+ in 1972. Cold in January but warming for the heart on so many levels.

Yet this trip is showing me how traumatized we still are as Americans from this war. More than 50,000 US troop deaths, but even deeper was the continuation of the erosion of the American illusion as liberator and freedom fighter. The integrity gained in liberating Europe was quickly lost as the atomic bombs shattered kids on tricycles in Japan and in the US carpet bombing and horrific acts in Korea. The cycle of violence continues to haunt us to this day.

In the US we became stuck in the past - frozen in time in our images and stereotypes. For despite some hearings on a few high profile massacres and the discussion of the PTSD war trauma of soldiers, we have yet to learn a new way of relating from this experience with those with which we have strong differences (See Iraq, DPRK etc).

For me as an American caught in the legacy of shame from the Vietnam War, I too find myself trapped in the sounds of war. I can walk around the lake in Hanoi and hear air raid sirens and feel a chill, while here Vietnamese lovers watch the sunset. While floating on the river in the stillness it can be muffled by the sound in my head of gunfire or my mind scanning the high grass along the bank - feeling the fear that must have been so pervasive.

All of this and I never fought here or visited here. The body memories of the GI’s must be so deep and painful. I think by being here you get that strongly.

The take on the Recruitment poster with Uncle Sam comes to mind “"Join the Army - travel to distant lands; meet exciting, unusual people and kill them....” When will we learn that this cannot work. Like Obama said yesterday in Cairo “Violence cannot work.” We need to apply that to our own dealings around the world.

However, the country here had move than 5 million casualties in maimed and killed civilians and soldiers. Incomprehensible to us. Yet, the shocking thing to me is how much laughter, joy and hospitality I experience and observe. I see a very proud people - the victors in war and struggle - about to celebrate their 1000 year history as a city - declaring themselves to be “The City For Peace.” Most of the people here are under age 35. They have never known war. Perhaps they lost grandparents to the war, but they now focus on fashion, work, school, cell phones and coffee houses.

I too begin to change. The sounds that echoed in my mind begin to fade and I am left with the sparkling reflection of the water, the plumeria petals filling the steps to the temple or the smile of a fisherman. I then begin to understand.

We only heal when we re-write our story - or at least turn the page. We heal when we face the quiet demons that have been trapped through thoughts or experiences and enjoy the essence of being human. Ubuntu means we are human only through or relations with other human beings. Its the C S & N song Wooden Ships: “Smile at me and I will understand.”Bringing the world closer is the key. Even here in the “Socialist Republic of Vietnam” we have more in common than we know.

We can’t rewrite the cruelty of war. But here in Vietnam they rebuilt a sacred pagoda that the French had purposely blown up as they were exiting their occupation in Vietnam. The tourist still come to the “ancient” pagoda - with its fresh rebuilt concrete base - to celebrate something older than brick and mortar. It’s a continuum that endures and I am here to celebrate and join the side of life that refuses to let hope die, but wishes to, despite adversity, continue to celebrate the amazing journey of life.

Posted by Eric Sirotkin

Equal Brothers

2009-06-01T19:36:00.001-07:00

The next day I spent in Inteawon, a multi-cultural commercial district near the US army base to eat a little different food. The thousands out on the Saturday night were far away - both from the Police lines of City Hall and any understanding of the issues facing the divided Korea. A nuclear Bomb had exploded underground in a country 30 miles away, but few here in the streets seemed to care. Young people I spoke with in the classroom when I asked them if the state of war and the nuclear test made them scared said simply...it’s just North Korea again.

It will take some pushing on both sides of the ocean to get the leaders to awaken to the fact that war/sanctions/isolation will never lead to peace. As Gandhi said, “There is no way to peace. Peace is the way.”

This is the problem with Obama surrounding himself with so many of the “experienced” foreign affairs people from prior administrations. They don’t accept that change is needed and think that what they did before was on track, instead of outdated. The Clinton folks just don’t get it. Few of the players int eh higher positions have been bold players. I believe Obama wants to lead in a new direction, but it will take him having the time to lead and realizing that a comprehensive bi-lateral peace is needed -not the same old 6 party crawl. Relationship is not a reward in international affairs - it is a PRE-requisite.

In my last hours in Korea I decided to visit the Korea War Memorial. No I’m not a gluten for gore and punishment, but knew it would be a treasure chest of B Roll footage and photos for any future film, You Tube etc. It was mammoth and oddly enough had attached to it a huge kids play area and a wedding Hall. “Hey hun. Lets get hitched at the old war museum.” I guess everyone has a different notion of romance. It reminded me of the “Victorious Fatherland Liberation War Museum” in Pyeongyang, though the description of the war varies greatly. It had a “DMZ” Cafeteria.

I wonder how they will grapple with the Truth Commission findings when they are complete. They clearly need to be included, but what is generally absent in most “war” museums is an honest critique about the horrors of war, unless inflicted by the other side, or any failings or wrongdoing of the “fatherland.” Yet, its never so black and white. I was impressed at Hiroshima where the museum was devoted to the dangers of aggression in general, including Japanese imperialist aggression. However, the difference is that they were memorializing the “peace” and it is known as a “peace” park and museum. Hmmm.

What also drew me there was I’d read that there was a “brothers” statute of two embracing soldiers from the North and South, “a symbol o the hope of reunification.” As I walked through a wall like the Vietnam Wall with the names of the lost soldiers, I emerged at the huge brothers statute. I was so disappointed. It was a huge South Korean soldier with a rifle hugging a tiny DPRK soldier who had no weapons - a clear symbol that brothers are united when the North has given up and surrendered to the South. Strip off the rifle and give them comparable stature and we’d have a powerful symbol of peace and reunification. That would be the approach of a peace museum. I left sad. This oft-dysfunctional family has a way to go in a world that still memorializes war and demonizes peace. I’m drawn to a Korean Poem that the TRC uses in its material:

Daffodils of the Sea
by Seo Young-sun

I am an ever tragic bird
I am wandering in a dark cave and a deep valley.
Hit by a wave, my soul cannot fly
The sky is torn and the earth is divided
My soul has been wandering for half a century.

My wounds have not yet healed over the many years.
Time has passed, but nothing seems resolved.
I wish I could see eternity.
I hope our dearest wish can move the heavens
And the heavens send us fresh spring water
ad peaceful doves.

Free Speech and a Sea of Seoul Blue

2009-06-01T19:10:00.000-07:00

When I arrived to the top of the City Hall Metro steps I was blocked by a sea of blue police helmets. Young kids really. Decked out in the costume primed for street warfare, in outfits that were a cross between a serious lacrosse player and Iron Man. Behind the caged face guards you could catch their expressions of “How did I get here?” Few seemed to have the anger and personal agenda of the US riot patrols (ala www.committingpoetry.com), as most are consigned to the job for just two years as an alternative to South Korean compulsory military service.
I have never seen so many police in one place. Their buses had encircled Seoul Plaza - the historic gathering place for prior successful anti-government rallies - no one got in or out all week except on the day of the funeral. The units moved around in clumps, ever letting anyone effectively assemble.

As in America there days, the designated free speech zones were set miles away- far from the visible City Center and historic mecca for candlelight vigils and the street battles of democratizations. The police quite consciously moved each squad from corner to corner - often in step and chanting like soldiers at boot camp. They would veer around baby strollers or couple arm in arm. Until they grew tired of my filming from the island strip, we were allowed to stay in place or move about unimpeded when we could get around their dense lines.

Here is a brief report I did on site. Thanks to Joe Cha for filming.

They seemed to go intensely around anyone who seemed to be upset with their intimidating show of force. A step ladder was used to rise up over the crowd so that they could take photos or at times video of those in that crowd daring to speak up. The message was clear - no assembly - no speech.

While filming on the island someone suddenly called my name. There was John Cha - whom I had met earlier this year in Berkeley. We had spent a great evening with many other Korea activists at a dinner when the Commissioner was speaking. John is working on a book on separated families - the personal stories behind the politics. It was a familiar face and welcome relief among the sea of blue intimidation.

After being ordered off the island (shades of Albuquerque, but without the gun in my face), John and I and his son Joe headed back to Insadong close to my hotel where he knew of a local knock on the door drinking hole called aptly Pyunghwa mahn deul ki - Making of Peace. There I downed a whole pitcher...of water...while we swapped Korea stories. His son Joe was from San Francisco and knew of my stepson Sam’s work so I shared pics of his latest show ( http://arrestedmotion.com/2009/05/openings-sam-flores-exhibitionsubliminal-projects/) and he told me he had a Flores T-Shirt with him on that trip. Small world.

Bury my heart at Gyeongsan

2009-06-01T18:48:00.000-07:00

Yesterday the country gathered to honor President Roh (Pronounced Noh by Koreans.) As you can see in the papers, it was a mass gathering with a sea of yellow (his campaign color) filling the streets outside the invite only funeral within the old palace’s walls.
Inside some tension arose wen a courageous Assemblyman, Back Won Woo, rushed at current President Lee shouting “Don’t lay the flowers. How dare you come here. You must apologize! You have murdered him in political retaliation.” As he was being taken away he cried out ”President Lee must apologize to President Roh.” And when Lee approached Roh’s family to offer his condolences, Roh’s son turned his face away. The cry heard throughout the week from his supporters filtered into the speech by his former prime minister saying “we’re sorry we abandoned you. We’re sorry we left you alone.”
It’s true the mass movements that ushered him into office had been relatively silent as his successor’s prosecutorial agents went after Roh with a vengeance. people in the movement, often stymied or frustrated by the new conservative government, realized they had let him down. Yet, Roh chose some degree of self-imposed exile at his southern house/farm and, thought becoming an active blogger, appeared to enjoy being out of the limelight of public office. Of course as with any politician his period in office was not always 100% in line with his supporters who often had trouble with his sending troops to Iraq, the dispossession of farmers from Pyongtaek for the U.S. military relocation and the signing of the Korean Free Trade Agreement. Yet, he boldly engaged the North and called on Washington to enter a peace treaty - something that fell silent in the Bush years.

I did not stay in the sea of people around the he funeral and would only return to Seoul Plaza at dusk. This would be the only time that a rally was allowed to take place on the historic plaza, as by nightfall hundreds of police buses would encircle the plaza and block access.
Instead the TRC took me a couple of hundred miles south to the Gyeongsan Cobalt Mine - of the ten (and largest to date) excavations sites from massacres by South Korean soldiers during the early Korean War. While not directly attributable to U.S. Soldiers, it was part of a mass execution of lefties policy carried out with U.S. knowledge. More than 100,000 died in this fashion according to the government sponsored TRC.

The Japanese had built the mine in 1937, but it had ceased operation by 1944. Today it is located behind a nursing home and borders a country club and gold course, with a small lake where people float by in boats not knowing or acknowledging that just below lie the bones of thousands of victims of horror. In fact several deep holes on the golf course were filled in during its construction and it was well-known in the area that all of these mine shafts and holes had been filled with bodies arriving by the truckload.

Two members of the local aggrieved families group accompanied us down the mine shaft. But first they took us into see some of the bones that have been gathered. Before the TRC took over, the family groups had gotten others to support their excavation. Many of the bones were used as examples to lobby hard for establishment of the TRC. In fact, one of the members with us had gone to New York with 8 others in 2001, when our group, the International Association of Democratic Lawyers (IADL), whoa re holding the conference next week in Hanoi, helped put on a Tribunal on US War Crimes in Korea. (See Report at our site www.nlg,org/korea). They had raised the money for all their expenses and brought some of the pre-TRC evidence to reveal some of the hidden truth about the war.

I slowly circled the shed with its assorted trays of skulls, femurs, bullets and teeth. Only the femurs can be used for an accurate count. I have had my share of sites of grief. I have been to Hiroshima and felt its painful imprints. In South Africa I listened to stories of great torture and unspeakable crimes, and visited Mandela’s cell and the the stone quarries of Robbin island. In the North of Korea I felt the fire-charred walls of the bomb shelter in Sinchon, where women and children and other civilians were burnt to death when US troops placed dynamite and gasoline down the air vents of the shelters. Yet, here the trays and trays of bones brought home in graphic terms how “civilization” has shelves and shelves of tears. As my boys sing in their Generation Prodigy song: “Sad eyes are leakin’ tears. Too much pain the world today.”

I will never forget the skull with the clear bullet hole, amazingly preserved, like a message from the past - pleading with us to end the madness.

Upon opening the door to the mine a huge icy breeze shot out - as if in one of those horror films where suddenly you can see your breath just before the candle goes out. The locals used to call it the “ice cave” and in the heat of summer some would picnic at the opening oblivious to the horrors just below the surface.

We donned large rubber boots as water flows along the floor. Traveling deep into the mine, hands raised to guide us along the low lying ceiling, I glanced back and saw the light of the entrance fade in the distance. Two flashlights lit the path ahead. When we reached the center we could see the vertical shaft where many of the bodies were dropped. A pond concealed the bones that were protruding from the wall below, as they were a few weeks from excavating the next more extensive layer. Some bones were found near the entrance which tells them that some people may have tried to crawl out after being shot and dropped. Our guide, a Ph’d anthropologist who heads the TRC excavation teams, used a stick to separate off the algae in the water to try and show us the bones below.

Gratefully we emerged into the bright light of the day and I took note of how the pine trees along the hillside seemed more alive and vibrant than when we entered. As we spoke with the family members the birds in the trees started singing a beautiful melody.

Back at their local office I met a woman who’s lost both her parents in the mine massacres. At ten she was an orphan. I held her hands as we walked up the stairs. She had lost her husband as well at age 30. Children of alleged leftists were denied work and hounded. But she still had such an infectious smile. She told me she was all alone and that this struggle for justice was all she had. She wishes to honor the dead through an apology or acknowledgment and some form of reparations. It was clear that the aggrieved families bond had become her surrogate family.
It was here that the bones became live with flesh and broken hearts. On the train home I would listen to the rest of the guys’ “Sad Eyes” song and it was so healing :
You can’t erase,
what’s before today.
But you can change
so tomorrow’s not the same.
Whatever it is in life,
can’t sleep at night,
there’s time to make it right.

TRUTH AND RECONCILIATION

2009-05-30T03:03:00.000-07:00

Yesterday I had my formal visit to the Truth and Reconciliation Commission. My work as a chair of the International Monitoring Project of the South African Truth and Reconciliation had been life changing. The effort to collectively heal the trauma of a nation trough truth telling and participation of all sides of conflict was genius. After being in a hearing where victims and perpetrators describe their motives, pain, regret and fears changed the way I performed as a lawyer - returning to integrate healing into my efforts on a much deeper level.

The TRC KOREA has a staff of over 250 people, but with a sunshine provision that phases it out next April (unless extended for two years which is unlikely under the current conservative post-Roh government). While their investigation reveals nearly 500 sites of mass graves, they have only so far been able to excavate at 10. With thousands of petitions from aggrieved families hoping for some truth and justice, they simply have not had the time to complete this important work. It’s like the sand in the hour glass from the Wizard of Oz - or perhaps like the one in Japan that I got with my tea telling me when it would be steeped. That one was movin’ fast.

However, what they have accomplished is so impressive and shocking. The fact that it became the first of its kind is Asia is very important, as the region has done little formally to deal with the often brutal past, be it Japanese Imperialism or the Korean War. Even more impressive is how it came to be. A courageous group of aggrieved families that I have been meeting camped out at the Diet and engaged in a major grassroots movement for several years to gather the bones (literally) and present them with their call for justice. This they did from Seoul to New York. Their efforts resulted in the creation of the TRC. (Check out the TRC work at www.jinsil.go.kr).

I met with Commissioner Dong-Choon Kim, Ph.D. (Standing Commissioner, Truth and Reconciliation Commission, Korea). He and I had met and had a great dinner gathering of Korean activists in Berkeley back on April 1st when he spoke on “Uncovering the Hidden History of the Korean War. (I had filmed the talk and if you want to watch his description of what they are finding watch the film I put together at http://vimeo.com/user1683292 .)

We also met with the International Liaison Kim Eun-Bok, and an investigator working on the Massacres that involved American Soldiers. I spoke about ways in which we could help from the international community and offered to develop some programs for students and lawyers to work on gathering documents from the US government. We also discussed the “Post period” of the TRC wherein they hope to have the government still support a private Foundation to continue some of the work, particular with a focus on reconciliation activities (monuments, museums, further outreach and a chance for more participants, as they actually had a small window that closed a couple of years ago to take petitions.) I remembered the impact of the public televised hearings in South Africa in breaking the denial and helping the nation heal some of the trauma. I urged them to find a way to record some oral histories from the aggrieved families and others to use in various ways. A possible project for us in the US could be to get some film students to take an internship for a month in Korea and also in the Korean American community to record the oral histories of the victims and US and ROK veterans and have it available for future TRC activity, scholars and filmmakers.

The US Investigator indicated that he was most interested in finding US pilots who had flown certain missions early in the war when mass bombing took place from US forces in the South, killing many civilians. I suggested that Veterans for Peace and some other Vet groups could run some simple ads in their outreach material calling upon veterans to become part of the healing efforts in Korea from the War by stepping forward and giving some statements that can help the Reconciliation process. Perhaps some carry a heavy load from what they saw or did in Korea and wish to contribute something to the situation before they die. The words of my Father-in-Law - he had been an officer in Korea during the war - sometime before he passed away, that “you would not believe some of the things that went on”, rang in my ears. He had never told my wife the details. Perhaps still living soldiers can speak about their experiences and it can have a healing effect on both sides of the sea.

The afternoon brought me first to film several interviews (as I have a desire if funding can emerge to do a short film on Korea and why we are where we are) and then to Dongguk University, a Buddhist founded campus, where I was scheduled to give a talk sponsored by some of the aggrieved families. It was an elaborate affair with greetings from the Dean of the Law School and others. When I arrived they had my paper for the IADL conference next week on the Right to Peace in Korea translated into Korean for the audience and above my head was a huge banner about the talk. I had casually suggested the topics I could speak upon and there they were in big white letters: South Africa TRC Experience and Legal Accountability for Civilian Massacres by the US during the Korean War. (Read my remarks at http://www.ubuntuworks.com/ubuntuworks/NLG_KPP.html)

After the talk and some heartfelt questions and comments about why they continue to seek justice, we adjourned to a dinner that they had planned for me...at a vegetarian restaurant. It was such a sweet gesture, as they had known of my eating needs. There we sat around a long table as each of them went around and gave a few comments of appreciation and about their visions for truth and reconciliation. We set up a formal contact to be in touch as I return to the US and set up an international legal team to help them secure some redress or more information from the US government.
Tomorrow is the mass funeral for President Roh Moo Hyun. A million people will be in the street. I will join it later in the day as I head to the Southern tip of Korea and down a mine shaft that held thousands of bodies from a massacre. Continuing to do the work that Roh stood for is my tribute.

JUST BLOW

2009-05-30T02:51:00.000-07:00

Eric Sirotkin and International Law Students at Inha University

Each time I meet someone here the first question they have of this tall gringo is “What makes you do this work?” The answer is always evolving for me, but its clear that some things stand out. First, it’s an area of peacemaking that few historically in the U.S. participate in or even understand. But really I think I felt that this is a conflict crying out for resolution and healing. Torn families, a dying cold war, two countries with a common heritage - this should be a no-brainer. Yet, its a place where old wounds still blister and huge military-industrial and U.S. geo-global objectives rule. But both David and Goliath are dancing on the precipice of great change and a slight wind of peace can topple them over at anytime. So here I am standing with as many people I can find and keep blowing.

I met with very exciting peace group representatives that are doing great work. At the Nautalis/ARI office. They work on international issues relating to both peace and energy. The work on pulling together resources and experts into a pool that can be used by NGO-s, government and others. We discussed the situation in Korea and the history of the 386 generation democratization movement. Professor Yi Kiho, pictured on the right,has taught political change and social movement or civil society and NGOs in the university and is the Director. We talked alot about new technology and the power for organizing. Deputy Director Tim Savage, left, was on teh phone quite a bit with news outlets around the answering questions about the DPRK nuclear test. Later that night at Dinner, Program Officer, Kim,Jee-Yeon and an intern Dennis Kim spoke about their younger generation’s view of the conflict and the craving for a new way to make change beyond the traditional in your face street action typical of the now older generation. I shared with them my views on the power of the energetics of activism, and how we make a difference in the way we do things,as well as the result. Visit them at http://www.globalcollab.org/Nautilus/northeast-asia.

I then, after a mad dash of confusion changing metro lines) had a meeting with us Minbyun lawyers - the progressive lawyers alliance here in Korea. 'MINBYUN-Lawyers for a Democratic Society' was established on May 28, 1988. MINBYUN aims at the development of a systematic and organizational structure in response to human rights violations with the goal of becoming a valuable participant in the entire democratization movement. In addition, MINBYUN provides legal advice and cooperation to non-governmental organizations working for social progress.

We had a short luncheon and discussed legal issues of statute of limitation s for war crimes, their role in foundation of the TRC act and the loss of their dear friend, President Roh. The former President, a human rights lawyer, was born out of the same movement for change of the 1980‘s that birthed their organization. OIne key point about the Truth Commission process was that they had fought for Public hearings as part of the Framework Act that set up the TRC, but the conservative forces blocked it. Also, they are prohibited under the Act for making public the names of perpetrators. From discussions it is clear that the failure to hold hearings really decreases the chance for any national trauma healing, as was so prominent in South Africa. They want to contact us about a suit to stop a base in Korea, as the Japanese had had some success with an ecological argument in court in San Francisco. We will be in contact in the future. We should definitely invite them to a Guild conference, as they totally relate to our message of human rights and social justice. See http://minbyun.jinbo.net/english/index.htm

I then got to engage in my biggest joy. Teaching a 2 1/2 course on...well on whatever I wanted - to an international law undergrad class at the law school. THe professor, Lee Seokwoo, whom I had briefly met several years before on my prior trip to Seoul, let me loose on the class. They were very attentive and asked many questions at the end. In addition, I learned later that they always get a break after an hour, but no one had told me. So instead they sat attentive and respectful and took into the lecture tentatively titled: How to be an international law lawyer without even trying.

As the cab took me home to my hotel we passed downtown and I could tell that there’s “somethin’ happenin’ here”- as Stephen Stills was known to croon. The suicide has brought people forward with their courage - and hopefully not just their anger. The funeral plans go forward, people still play respects, but demonstrations are beginning. The all too familiar scene of hundreds of riot police assembling down the side streets with their large shields has begun. Last night I saw dozens of police buses, some cordoning off “free speech zones” around plazas downtown. Something might explode. For even though the suicide note said “Don’t blame anyone,” people are talking about the current President pushing through the zealous prosecutions that led Roh Moo-Hyun to take his fateful leap. I will keep my hand on the pulse.

SHOWING RESPECT

2009-05-30T02:42:00.000-07:00

I took off from the photos, film and reporting to simply hold the white Chrysanthemum tightly and feel the hearts around me. Somehow the loss is universal. We lose our innocence at each step. Across the border a nuclear explosion deep underground is heard around the world. How Sad they could not have a waited a few weeks in light of Roh Moo Hyun’s death. How sad it has to be happening in the first place when it could have been avoidable. Yet, hardening those who reach out to you does little good.
The stark contrasts between North and South reveal themselves deeply on this trip. Last time I was here I was looking for the commonality, but now little remains. I did thought think I saw Mr. Bong, my DPRK ping-pong nemesis, on the street a few times. The stark physical similarities and expressions still abound. Unmistakably from the same tree, but how different they have been trimmed by circumstance.
I have watched the tears all around me and cannot shake the ocean of tears shed by these people since time immemorial. If someone you respected, who seemed to take on the world (“I’m not going to how-tow to Washington.”- Roh) loses the strength to carry on, what does it mean for me, asks many. Add to it the earth shaking North and peace can at times appear beyond remote.
Yet behind me in line to pay respects stood two small girls with their father. Their giggles wafted above the sorrow and their flowers became not tokens of memorial, but magic wands of delight.
They followed me to the alter, they bowed with their father to the ground, prostrations to the great loss. But for me they held the hope of tomorrow in their smile. On a certain level in this crazy and unpredictable world, peace is that simple.

What we leave for the Seven Generations that follow is our legacy. Restoring the world’s balance is possible. Even when our circumstances may seem unfair - our deck stacked, the wall so high, there remains the sparkle of life, a child’s laugh, or a flower’s brilliance, to remind us that beauty abounds. Hope is as strong as that fear and despair a and just as a accessible to us all. It is what we choose. It may be “the road less traveled,” but without it, the twists and turns of this oft-fragile world can keep us on the path in darkness.

Will there be more suicides, more despair? Or will this death reaffirm that each must move off the habitual and refocus our attention. After WWII we created the UN and its charter of peace and saw a new era of hope merge. Yet, it was moved to the back seat behind geo-political conflicts and we quickly forgot to reach for the best.

We are connected in so many ways. We all live, die, grieve, hope and dream. It’s time to use these events to remember our commonality and build a world that reflects this rich heritage. Model it, live it and yes demand it of our leaders and each other. I will never forget that your humanity is intrinsically wrapped up with mine.

The state funeral is Friday here in Seoul. It might nix my trip south the the TRC excavation site. A seven day funeral begins. But what I am seeing here is more than the death, but a reaffirmation in the streets and and on television of Moo Hyuan’s principles. Who he was and where he came from. People are appreciating that he stood for peace, reconciliation and justice. That he was, why withdrawn to his home in the South and doing some Organic gardening, weathering an attack from his conservative successor’s regime that reminded me of the Hunting of the President (the film about Clinton’s Whitewater/sex days). He was accused of corruption and it had been his life work to challenge it. He was, as two young Koreans told me last night, our Obama. Not because of race, but really class as he did not have a degree, yet studied and passed the hard bar exam to become a lawyer - but never part of the “ivy-school” elite of politics. To them he was a hero. Death happens for a reason and it appears that this death is opening Korea up to deep reflection - a wake up call as powerful as the blast to the North.

posted by Eric Sirotkin from NLG Korean Peace Project Trip to South Korea May 2

REST IN PEACE

2009-05-30T02:30:00.000-07:00

My meeting today was substantially scaled back due to the apparent suicide of President Roh (2002-2008). It will likely impact most of the week as there is great shock and mourning. As one friend here wrote: “Waken up in a Saturday morning by a shocking news of a former leader's death, people in this country still find difficult to realize he is truly gone. We are still in awe and speechless for the great loss we have. The whole country is turned into an enormous mourning place, where no one is able to find words to describe the deepest sorrow of loosing a leader who they elected with their own hands and also now about to bury. State of awe continues, Korea is submerged with the silence”

Roh was the most progressive president in Korea. He came up in familiar territory for me. A human rights lawyer whose early representations of demonstrators in 1981 had so impacted him that it changed his legal and political life forever. He had when asked about becoming a Human Rights Activists he described the case saying “When I saw their horrified eyes and missing toenails, my comfortable life as a lawyer came to an end and I became a man determined to make a difference in this world.” He went to jail for three weeks with other demonstrators in 1987 when the big democracy movement reached its peak. He passed the act creating the Truth and Reconciliation commission and sought to build more bridges with the North through exchange and trade. All are saying it was ironic when his family got caught up in this bribe scandal as it was something he fought regularly.

Regardless I met with Professor Bo-Hyuk Suh who has done great human rights and peace work in Korea. Also a few women from local peace groups and PSPD, including the Coordinator of Peace and Disarmament Huisun Kim. I told the group at the start of our meeting: “Let me first begin by expressing great sadness and our condolences to the families and friends and to the people of Korea for the loss of your former President Roh this past week. As a Human Rights lawyer myself who has represented activists for decades and worked for peace I feel great sadness that someone who stood up for people, was willing to lead a courageous march toward Truth and Reconciliation and continued the path toward peace, engagement died prematurely. No one is without their flaws and struggles, and personal demons, but the courage he showed as a human rights lawyer in the struggles of the 1980‘s will always inspire and lead more people to take up the cause of justice. It’s those moments we will remember forever.”

We actually accomplished a lot with discussions about ways in which we can unite our movements in Korea and the US to work for peace. They agreed to a joint Video conference and to share candlelight vigils with ours set for Armistice Day July 27th. Some further educational ideas on peacemaking and a joint project to video people’s stories for historical and film projects arose. We will start with people sharing what peace would mean to them on a joint blog. They agreed to write more letters of support for peace like the one they had written earlier to Secretary Clinton. (Great letter in which they called on the US to move from Peacekeeping to Peacemaking- huge difference). THis type of joint efforts are a big step. It is key to not only speak being an internationalist or support interconnectedness but to model it. It is what this trip represents. One thing we agreed upon was the need for healing on both sides of the pacific, as many families and Vets in the US still carry the trauma of what has gone on here.

I shared with them the words of President Obama “When nations and peoples allow themselves to be defined by differences, the gulf between them widens. When we fail to pursue peace, then it stays forever beyond our grasp.” President Barack Obama Prague April 5, 2009. The goal is to make sure that Obama is seeing his views reflected in his Korea policy. At Notre Dame in May “Moreover, no one person, or religion, or nation can meet these challenges alone. Our very survival has never required greater cooperation and understanding among all people from all places than at this moment in history..” It is time to bring such thinking from the stage in Indiana to the Korean Peninsula. It is Roh’s dream and his legacy.
Posted by Eric Sirotkin

JAPAN MEETING TO BUILD ARTICLE 9

2009-05-30T02:23:00.000-07:00

Heading over the ocean on an endless flight of sunlight. Only ten hours or so they say. Endless movies on-demand on this delightful Singapore Airlines where they ooze joyous service. LA was a whirlwind of preparation and catching up on the sleep I had missed for days. So much strategy spinning in my head on how to be more effective in this international peace work. How to really restore the dream of peace that emerged from the ashes of two world wars, but was put on the back burner to geo-political conflict, greed and the military/industrial “complex.” Those who could have led, fell far below the essence of being human, while turning a blind eye to the cruel and destructive means taken to achieve foggy ends. The resulting silent complacency settled in on our shores and peace was lost in the battle at home and broad between us and them. .

I am heading to Japan where one of the most important struggles today is being waged - to save Article Nine of their peace constitution. No Japanese soldier has killed or been killed by others since 1945 and this clause prohibits such action by law. A sleeping military giant is poised to join the world of preemptive war and overseas militarism. I just shared through email with some Japanese lawyers and activists my short film on Article 9 and they are very excited about it. One wrote to me yesterday and in just a few words reminded why this work is so inspiring:

Dear Eric
Thank you very much for making the film. I have watched it and I appreciate your solidarity with our struggles to maintain Article Nine. The film is quite enlightening explaining comprehensively the most current situation of the provision. I think the film is very useful to educate not only foreign people but the Japanese people. I will make the committee of the foreign affairs of the JLAF to discuss how to utilize the film.
Your friend in solidarity
Akio Sugeno

The film is called simply Japan’s Article 9: The Path to Peace. Still tweaking the images and the sound but go and watch it...only 29 minutes (For those who are used to sitting through 118 minutes of Committing Poetry - www.commttingpoetry.com ). Watch it at http://vimeo.com/4641518 and you will understand why I am going to Japan
...and why we all should shine our light on the hope it represents and the vote by 2010 that seeks to repeal peace.

Pass it on to others. Write Obama to reverse Bush position of seeking Japan to drop Article 9.

Off the plane and meeting with Osamu Niikira and Jun Sasamoto of the Japan Lawyers International Solidarity Association (JALISA).
Spoke of their plan to get all nations to consider peace constitutions. Next big Article 9 meeting in Costa Rica in July.

INVITATION TO THE DANCE

2009-05-30T02:13:00.000-07:00

Dear Friends, Family and Colleagues:

I am off to Asia this weekend on a major peacemaking trip. Meeting in Japan with lawyers and Article 9 Peace Constitutions advocates. Then I go for a week in South Korea to spread the word about our US national Campaign for a Peace Treaty and to learn about peacemaking and human rights in Korea. I am also filming scenes and interviews for a film I am working on called Land of the Morning Calm. Below is my schedule so you can see how exciting it will be. I will share things as often as possible on the blog in both words and video.

Then onto Vietnam. Hanoi. A healing journey as an American and peacemaker. A few days to fit in and then attending the International Association of Democratic Lawyers Congress where I'll be presenting a paper on The Right to Peace in Korea. The sessions I will mainly attend, other than the address by the President of Vietnam, relate to a right to peace.

So add this below site to your RSS FEED on your browser and you will get updates when I post things or just visit the blog to join me on this trip.

Go to http://www.ubuntuworks.com/ubuntuworks/Erics_Blog/Erics_Blog.html.

You can also watch them on the NOTES section of my facebook page. Let me know if you see it there so I can tell its working.

Join the trip!!!

Love and peace

Eric

SUNDAY MAY 24, 2009

10-12 – Tokyo Japan – Meet with lawyers and activists who are working to preserve Article 9 – the peace constitution in Japan.

MONDAY MAY 25, 2009

Meeting with peace and human rights activists

LOCATION: People’s Solidarity for Participatory Democracy (PSPD)
TIME: 3 PM

Organizers: Dr. Suh Bohyuk Center for Peace Studies
Kyungmee Kim Women Making Peace

Participants include many organizations including:
Women Making Peace1 - http://www.peacewomen.or.kr/
Peace Network 2- http://peacekorea.org/
People’s Solidarity for Participatory Democracy (PSPD)3 -
http://blog.peoplepower21.org/English
Sarangbang Group for Human Rights -
http://www.sarangbang.or.kr/kr/new/

TUESDAY MAY 26, 2009

Meeting with John Cha and Professor Lee Ki-ho and other peace activists followed by dinner.

WEDNESDAY MAY 27, 2009

Meeting with Minbyun,(Progessive Lawyers Association) lawyers Sang-Hee Lee, Chairman of the Past Reconciliation Committee and Hee-Soo Kim, who participated in TRCK projects, June Yang translating

Seochodong area.

Giving a Lecture on the RIGHT TO PEACE (3-5 pm) at Icha University Law School - Professor Seokwoo Lee and meeting and dinner with faculty.

THURSDAY MAY 28, 2009

11:00 am - Meeting with Truth and Reconciliation Commissioners

4-6 pm Meeting with Pan Korean Truth Commission on Civilian Massacre in Korea War Mr Sirotkin speaking on US-government's legal responsibility and accountability over several South Korean civilian massacres by US forces before and during Korean war and his experiences with South AfricanTRC.
Organizer: Lee Changsoo Executive Director,
6 pm DINNER members of steering committee and heads of some related victim family groups

FRIDAY MAY 29, 2009

All day trip - Travel by Train to South of Korea to visit to the excavation site at Gyeongsan Cobalt Mine and the meeting with relevant civic groups and members of bereaved family union.

With U.S. military officers sometimes present, and as North Korean invaders pushed down the peninsula, the southern army and police emptied South Korean prisons, lined up detainees and shot them in the head, dumping the bodies into hastily dug trenches. Others were thrown into abandoned mines or into the sea. Women and children were among those killed. Many victims never faced charges or trial.

The mass executions — intended to keep possible southern leftists from reinforcing the northerners — were carried out over mere weeks and were largely hidden from history for a half-century. They were "the most tragic and brutal chapter of the Korean War," said historian Kim Dong-choon, a member of a 2-year-old government commission investigating the killings.

Hundreds of sets of remains have been uncovered so far, but researchers say they are only a tiny fraction of the deaths. The commission estimates at least 100,000 people were executed, in a South Korean population of 20 million.

That estimate is based on projections from local surveys and is "very conservative," said Kim. The true toll may be twice that or more, he told The Associated Press.

SUNDAY MAY 31st - JUNE 13th

On to Vietnam – Two weeks in Vietnam including the International Association of Democratic Lawyers (IADL – www.iadllaw.org) Conference
I am presenting my paper on THE RIGHT TO PEACE IN KOREA as part of their Right to Peace segment. President of Vietnam coming to address our conference.

During the Conference watch my site but we will be having many people speak and share at the NLG International Committee BLOG
Go to www.nlgic.blogspot.com

Here we go.

2009-05-19T19:06:00.000-07:00

Welcome Video to the NLG International Committees
new Delegation Blog Site

Birth of a Blog

2009-05-19T17:12:00.000-07:00

Hey IC friends and members:

Here is the place to be. Can't make that delegation or peacemaking trip? Follow along on the NLG International Committees peacemaking blog. Live in two weeks from Hanoi we hope! Watch for video thoughts, greetings, photos, organizing ideas along the way etc. The idea is to share but also to help keep you plugged in and moved to action. So join the trip and share your comments and thoughts along the way.

In solidarity and peace

Eric Sirotkin
For the IC