Sixth Meeting

Thursday, May 17, 2001

Meeting Agenda

1. Appointment of director

SHINDO Yoshitaka (Liberal Democratic Party) was appointed as a director replacing TSUSHIMA Yuji (Liberal Democratic Party) who resigned from the Commission on May 7, 2001.

2. Matters relating to the Constitution of Japan (A vision for Japan in the 21st century)

After statements were heard from Prof. KIMURA Yoko and Prof. OHKUMA Yoshikazu concerning the above matters, questions were put to them.

Informants

Members who put questions to Prof. KIMURA

Members who put questions to Prof. OHKUMA


Main points of Prof. KIMURA's statement

1. Growing Social Security Costs and Premiums

>> In 1998, social security expenses reached 20% of national income, while social security premiums amounted to the enormous sum of \55 trillion.

2. From "Aged Society" to "Super-Aged Society"

>> Japanese society has been aging since the 1970s. This has inevitably affected the conditions and functions of families, companies, local communities and the public sector as a whole. But the greatest changes have been seen in conditions affecting women. For instance, since the 1970s, the ratio of women in the workforce has increased by 20%.

>> The "super-aged society" faces such issues of 'normalization' as equality of treatment, equality of opportunity and the realization of a gender-equal society. In order to utilize the labor of elderly persons with the will to work, it is particularly important to abolish age restrictions in the recruitment of employees.

3. How Far Should the Government Interfere in the Lives of Individuals?

>> Since the 1990s, the countries of the world have been divided along the following lines on the question of to what extent the government should provide the individual with social security services: [1] neo-conservatism, [2] conventional welfare state, [3] the third way (as recently seen in Britain and Germany, this involves the public's participation in decision making).

>> In my opinion, "welfare state" implies a guarantee of a national minimum (the guarantee of a certain minimum standards regardless of why the individual requires such assistance). Regarding the question of how far the government should take responsibility for the lives of individuals, we in Japan need to discuss whether the current national minimum should be maintained. It is notable that the United States and Britain have introduced limits to welfare benefits in recent years on the grounds that the guarantee of a national minimum generates a moral hazard in the form of a loss of motivation to work.

>> In Japan, there has been some debate on whether universal pension and universal health insurance programs should be maintained. While pension programs can be restricted to those who can pay the premiums, I believe that universal medical coverage should be maintained. It is notable that Sweden has decided to terminate its universal pension system. Under the new arrangement, the function of reallocating income is assigned to public assistance financed directly by the government.

>> Japan must revise its social security systems to remove various arrangements which undermine the will to work. These include preferential tax treatment of full-time housewives, and pension systems for the employed elderly.

4. Diversification of Care-Providing Organizations and Public Subsidies

>> In view of the growing diversification of care-providing organizations, subsidies should be made available to these organizations, while also promoting competition policies.

5. Decentralization of Government and Home Nursing Care Systems

>> Japan continues to advance towards lower birth rates and an aging society. In view of these developments, it is necessary to consider the amalgamation and re-organization of local governments to achieve government scales capable of providing effective home nursing care services. Likewise, the allocation of functions among local governments and the allocation of tax sources should be re-examined.

Main points of questions put to Prof. KIMURA

NAKAYAMA Taro, Chairman

>> Declining birth rates and the aging of society have a significant impact on the social security system. To maintain the current level of benefits, it is said that the tax and social security burden will have to exceed 50% in the future. In view of this projection, what changes should be made in the social security system?

>> Given the low birth rates and the aging of society, should we not be reconsidering the mandatory retirement systems? Should we not also be reviewing practices concerning the management of pension funds?  


NISHIKAWA Kyoko (Liberal Democratic Party)

>> There are various instances of friction arising from the conflicting requirements of promoting equal social participation of the sexes and responding to declining birth rates and the aging of society. What measures do you believe are necessary to eliminate this friction?

>> To cope effectively with declining birth rates, I believe it is particularly important to change and raise the awareness of men, and to improve the living environment as seen from the perspective of children. From this point of view, what is your thinking on nursery and day-care services for children?

>> You have said that local governments must achieve a certain size to be able to function effectively. On the other hand, there is some concern that the quality of basic services suffers when a local government becomes too large. What are your views on the optimum scale of local governments? In this connection, what are your views on the introduction of a regional system that supersedes the 47 prefectures ('ken') with much fewer but wider regions ('do' or 'shu')?

>> Our current social security systems focus on the "individual." This has given rise to various problems. From the perspective of community-based human relations of 'living together' and 'solidarity', I believe it is necessary to take measures to protect and to rebuild our communities. What is your view on this?


KOBAYASHI Mamoru (Democratic Party of Japan and Club of Independents)

>> The so-called "hollowing-out" of the national pension system is becoming a real problem. Is this hollowing-out the result of systemic problems, or is it an issue of moral hazards? I believe that taxes should be used to finance the entire core pension portion of the national pension system. What is your view on this?

>> Shouldn't the reform of the social security system proceed hand-in-hand with the rebuilding of community consciousness and decentralization?

>> You have proposed "medium welfare, medium burden." On what principles do you base your thinking?


UEDA Isamu (New Komeito)

>> I believe that we need legislation to ban age discrimination in employment. What is your view on this?

>> Some have argued that Japan should accept foreign workers in order to cope with the decline in the population of working age. What is your view on this?

>> I believe that the medical expenses of the elderly should be treated separately from the health insurance system. What is your view on this?


FUJISHIMA Masayuki (Liberal Party)

>> Regarding measures to cope with the aging of society, postponing the age of retirement will reduce labor efficiency. Therefore, as an alternative measure, would it not be better to promote re-employment after retirement?

>> You have taken the position that it is difficult to determine a minimum level for medical and home nursing care services. However, shouldn't the government guarantee a minimum level under the social security system whereby individuals are asked to pay for any services above and beyond this guaranteed level?

>> Shouldn't we promote the amalgamation of municipalities in order to achieve a certain scale of local government capable of efficiently providing home nursing care services?


HARUNA Naoaki (Japanese Communist Party)

>> According to a recent opinion poll, the number of respondents who said that the livelihood rights mentioned in Article 25 of the Constitution have in fact not been properly realized far surpassed the number of respondents who said that the livelihood rights have been realized. The percentage of those saying that these rights are not properly guaranteed has significantly increased since 20 years ago. What is the cause of these results?

>> In its recommendations issued in 1950, the Advisory Council on Social Security highly lauded the livelihood rights mentioned in Article 25 and clearly indicated the government was responsible to implement social security measures. It is my understanding that various social security systems were created following this recommendation. What is your evaluation of the recommendations of 1950?

>> Low-income individuals must pay premiums under the current home nursing care insurance scheme. This and other developments lead me to conclude that we are seeing a regression in the implementation of the principles of the Constitution. What is your view on this?

>> In its recommendations issued in 1995, the Advisory Council on Social Security adopted the position that livelihood rights were based on the premise that it was the individual's responsibility to secure these rights. Does this not contradict the spirit of the Constitution?


ABE Tomoko (Social Democratic Party)

>> You have emphasized that social security is based on the principle of self-responsibility. If self-responsibility is overly emphasized, would this not lead to a situation in which women would hesitate to bear children?

>> In order to maintain the home nursing care insurance system, it will be necessary to resolve the problem of funding shortages which affect local governments. In your opinion, what kind of funding measures should be implemented?


KONDO Motohiko (21st Century Club)

>> The problem of aging is particularly serious in under-populated areas. I believe that the promotion of decentralization will further exacerbate the regional disparities between urban and non-urban areas. What is your view on this?

>> The employment of the elderly is being used as a measure to cope with the aging of society. I feel that these programs have failed to properly target women. While we are working to realize the equal social participation of the sexes, could it be that gender-based discrimination remains intact in the treatment of the elderly?


Main points of Prof. OHKUMA's statement

Introduction

>> I will comment on the relation we hope to see in the 21st century between the "central government" and the "local." My comments are based on the premise that "local" citizens of the 21st century are no longer pupils in the primary school of democracy, but rather that they should comprise the driving force in democracy and should as such exercise a central role in politics.

1. Basic Principles on Decentralization and Local Autonomy

>> Popular theory holds that local autonomy is merely a system provided for under the Constitution, and therefore can be abolished through an amendment of the Constitution.

>> As opposed to this, my position is that local autonomy constitutes an inalienable right of local governments and a fundamental system which supports the foundations of democracy. Consequently, I believe that no constitutional amendment can deny or negate the right of local autonomy.

2. People's Sovereignty and Local Citizens' Sovereignty (Citizen Self-Rule)

>> As in the case of democracy under the principle of popular sovereignty, popular theory holds that local citizens' self-rule is expressed in the institutions of parliamentary democracy and representative democracy.

>> As opposed to this, my position is that the right of local autonomy must be strengthened and that our understanding of the principle of popular sovereignty must be revised to mean direct democratic procedures and systems. Furthermore, I believe that citizen participation, particularly in the form of general referendums, should be positively re-evaluated, notwithstanding the many difficulties which such approaches entail.

3. Complex Expectations of the Voters, both National and Local

The voters view their own members of parliament, not as elite representatives, but rather as their own cohorts and associates.

>> On both the national and local levels, those engaged in politics are expected by voters on the national and the local level to be able to accurately judge "what must be protected for the sake of the people." In other words, politicians are expected to be endowed with keen insight and discernment. They are also expected to be ethical in their conduct and to have full integrity.

4. Conclusions

>> Having entered the 21st century, democratic politics, both on the national and local levels, are advancing in the direction of direct participatory democracy. For instance, this can be affirmed in the improvements made in information disclosure rules and practices.

>> Regarding constitutional amendment, I would like to make the following comment: Amendments are possible when based on well-defined and specific proposals for revision. It is necessary to engage in thorough debate of such proposals in accordance with designated procedures. This should be undertaken for the purpose of strengthening our democratic system and institutions.

Main points of questions put to Prof. OHKUMA

NISHIKAWA Kyoko (Liberal Democratic Party)

>> I believe that local referendums constitute one of the most important rights among the rights of local autonomy. However, a review of past cases indicates that it is necessary to identify and narrowly define the issues that are suited for referendums. What is your view on this?

>> Regarding the public election of the prime minister, I feel that this may expose us to the dangers of populism as the people may be too easily affected by the views of the media. What is your view on this? Suppose the prime minister is elected directly by the people. What form would the government of such a prime minister take?

>> Article 92 of the Constitution refers to the "principle of local autonomy." Do you believe that there is a need to clearly define this principle through the enactment of a "Basic Law on Local Autonomy" (provisional name)?


UBUKATA Yukio (Democratic Party of Japan and Club of Independents)

>> I agree with your view that constitutional amendment requires thorough and careful consideration.

>> I believe that in local referendums it is important, from the perspective of reflecting the will of the people, for the voting rate to be high. What is your view of this? What measures do you think should be taken in order to raise the voting turnout?

>> I believe there are two types of local referendum: [1] referendums based on simple procedures and whose results are not binding on the local government; [2] referendums based on strict procedures and whose results are binding on the local government. In your view, which of these two types is more desirable?

>> When holding a local referendum, it is necessary to provide information on which the voters can base their judgment. I believe that information disclosure systems have an indispensable role to play in this. What means and measures are available other than disclosure?


OTA Akihiro (New Komeito)

>> You have stated that "local autonomy is the driving force in the democratic system." From your perspective, which of the following is the most suitable phrase to describe this leadership role: "local sovereignty," "decentralization," or "local citizens' sovereignty?"

>> In the 21st century, I believe that it will be important to develop a concept of the state which encompasses such perspectives as "love for one's home town," "decentralization," " ways of living together " and "community" as elements of the national identity. What is your view on this?

>> From the perspective of promoting ways of living together, human rights and decentralization, I believe that permanent foreign residents should be given the right to vote and participate in local government. What is your view on this?


SHIOTA Susumu (Liberal Party)

>> Should the principle of direct democracy in local autonomy be explicitly mentioned in the Constitution? Given that the "principle of local autonomy" is an ambiguous concept, should specific elements of this principle be explicitly mentioned in the Constitution?

>> Given the tremendous progress made in the means of transportation and communication, I think it would not be unconstitutional to amalgamate municipalities and reduce the number to between 300 and 500, and to abolish the prefectures. What is your view on this?

>> Don't you think that there are too many technical problems in carrying out local referendums? For example, what if the will of the citizens is unduly distorted by agitation and disruptive actions taken by persons who are not even residents of the locality?


YAMAGUCHI Tomio (Japanese Communist Party)

>> Do you believe that the principle of local autonomy expressed in the Constitution has been adequately realized and utilized in actual practice? If not, then what are the reasons for this failure?

>> You have stated that there are many problems that must be overcome for the referendum system to function properly. Is it not possible to find and to extrapolate from the Constitution various means for overcoming these problems? Also, what is your view on the appropriateness of general referendums that concern national matters?

>> From the perspective of promoting the development of local autonomy, how should we view the question of the participation of foreign residents in local government?


HIMORI Fumihiro (Social Democratic Party)

>> The recently enacted Decentralization Law left untouched the problem of local fiscal autonomy. Possible solutions to this problem include granting local autonomy in taxation, and changing the allocation ratio of tax revenues. What is your view on this?

>> Contrary to conventional thinking, I believe that local ordinances are not subordinate to national laws, but that they are in fact on a par with national laws. What is your view on the exercise of the right to enact local ordinances?

>> There has been some discussion of selecting the prime minister through direct election. Personally, I believe that referendums can bring politics closer to home to the electorate. Therefore, I am of the opinion that priority should be given to undertaking referendums. What is your view on this?


KONDO Motohiko (21st Century Club)

>> Referendums involve various problems. For instance, the voters may not be given adequate information to understand and to judge the issue on hand. Similarly, referendums can give rise to emotional conflicts among the electorate. What is your view on this?

>> Regarding the amalgamation of municipalities, I believe that the amalgamation of municipalities located in two or more prefectures should be considered. What is your view on this?