An open hearing was held in Kobe, Hyogo Prefecture, in conjunction with investigations concerning the Constitution of Japan. After statements were heard from the persons who had volunteered to attend the hearing to express their opinions (hereafter, "speakers"), questions were put to them.
1. Subject of the Hearing: Constitution of Japan (A Vision for Japan in the 21st Century)
2. Participating members of the Commission
- NAKAYAMA Taro (Liberal Democratic Party), Head of Mission and Chairman
- KANO Michihiko (Democratic Party of Japan and Club of Independents), Acting Chairman
- NAKAGAWA Shoichi (Liberal Democratic Party), Director
- HANASHI Nobuyuki (Liberal Democratic Party), Director
- NAKAGAWA Masaharu (Democratic Party of Japan and Club of Independents), Director
- SAITO Tetsuo (New Komeito), Director
- SHIOTA Susumu (Liberal Party), Member
- HARUNA Naoaki (Japanese Communist Party), Member
- KANEKO Tetsuo (Social Democratic Party), Member
- KOIKE Yuriko (New Conservative Party), Member
- KONDO Motohiko (21st Century Club), Member
3. Speakers
- KAIHARA Toshitami, Governor of Hyogo Prefecture
- SHIBAO Susumu, Mayor of Kawanishi City
- SASAYAMA Kazutoshi, Mayor of Kobe City
- OHMAE Shigeo, Chairman of the Board of Trustees of Ohmae Gakuin
- URABE Noriho, Vice President of Kobe University, Professor, Graduate School of Law, Kobe University
- NAKAKITA Ryutaro, Lawyer
- HASHIMOTO Akio, Chairman of Hyogo Prefecture Medical Association
- KOKUBO Masao, Mayor of Hokudan Town, Hyogo Prefecture
- TSUKAMOTO Hideki, Corporate executive
- NAKATA Narishige, Associate Professor, Osaka Institute of Technology
In his opening comments, Chairman NAKAYAMA explained the purpose of the
hearing and presented a summary of the past discussions of the Research
Commission on the Constitution.
Main points of statements by speakers
KAIHARA Toshitami
>> In light of the lessons learned from the Great Hanshin-Awaji Earthquake which directly hit a major metropolitan area, I would like to make the following two suggestions concerning Japan in the 21st century.
>> The Japanese people possess the virtues of helping others in a spirit of warmth and consideration, and working diligently with a sense of public-mindedness. Instead of talking about peace as an abstract concept, in the 21st century, we should present these virtues to the world as the "art of peace" through which specific problems can be solved, such as problems in the areas of heath and medical services, welfare, the environment and disaster prevention.
>> Under the present Constitution, issues of fundamental importance
to local autonomy, such as home nursing care insurance, the amalgamation
of municipalities, and local grant taxes, are delegated to the legislative
process. Hence, the point of view of local governments is not fully reflected
in these matters. Given the situation in which the national government
interferes in local affairs through legislative action, we need to establish
a system of checks and balances between central and local governments.
SHIBAO Susumu
>> Local autonomy provides real opportunities for the practice of democracy on an everyday level. What we need today is not to change the Constitution but rather to practice democracy based on the Constitution.
>> In 1998, Kawanishi City enacted an "Ordinance on an Ombudsman System for Children's Human Rights"(unofficial translation). Based on this ordinance, our city is actively engaged in various initiatives for the protection of children's rights. We believe the national government should enact its own administrative and legislative measures and take tangible steps to support local governments in this area.
>> Given the progress of globalization, local communities should
cooperate with the international society for the attainment of a peaceful
and non-violent culture of human rights. Likewise, NPOs, NGOs and citizens
in general should participate in the resolution of community problems in
such areas as education, welfare and the environment.
SASAYAMA Kazutoshi
>> In light of the lessons learned from the Great Hanshin-Awaji Earthquake, the following points pertaining to crisis management in large-scale natural disasters should be considered:
>> In large-scale urban disasters, it is necessary to have a proper framework allowing mayors of municipalities in the disaster area to cope directly with the crisis. For instance, mayors should be granted proper rights to directly request the dispatch of Self-Defense Forces.
>> The guarantee of the right of livelihood contained in the Constitution
calls for the implementation of proper measures in support of disaster
victims. However, there is an obvious gap between what should be available
and what actually exists in terms of present laws and regulations (temporary
housing cannot be built on private property, no support is available for
reconstruction of housing, etc.). Efforts should be made to narrow this
gap.
OHMAE Shigeo
>> The courtesy of the Japanese people, their observance of the law, and the stability of Japan's political system as a constitutional monarchy continue to be highly acclaimed in Asia and throughout the world.
>> The Constitution should be amended and improved in light of this
matter. Specifically, the following revisions should be made: [1] Inclusion
of an explicit statement that Japan is a constitutional monarchy. [2] A
balance must be achieved between rights and obligations. In addition to
the respect for rights, provisions should be included in the Constitution
concerning obligations.
URABE Noriho
>> We cannot cope with global-scale problems, such as global warming and population growth, with traditional concepts of national security which focus on border threats. Based on this awareness, international society is undergoing a major reorientation from the tradition of "national security" to the concept of "human security."
>> The phrase "free from fear and want" contained in the
preamble of the Constitution is an expression of this principle of "human
security." Japan should play a leadership role in the international
society by taking the initiative in implementing policies which embody
this principle. Instead of allocating huge amounts to military preparedness,
our resources should be allocated to preparing for large-scale earthquakes
and other natural disasters which cannot be avoided by human power.
NAKAKITA Ryutaro
>> The 20th century was a century of war, but the 21st century must be made a century of peace. To achieve this, it is necessary to protect and to fully utilize Japan's "peace Constitution" which was born out of remorse for past wars.
>> Through the enactment of the Law concerning Measures to Deal with Situations in Areas Surrounding Japan and other measures, the government has strengthened its cooperative relation with the U.S. armed forces. Now, there is a movement toward accepting the exercise of the right of collective self-defense. This cannot be allowed as it will transform the "peace Constitution" into a "war Constitution."
>> Various specific policies should be implemented during the 21st
century to fully apply the principles of the "peace Constitution."
For example, the Kobe formula nuclear-free policy should be enacted into
law, and the Japan- U.S. Security Treaty should be transformed into a "friendship
treaty."
HASHIMOTO Akio
>> My experiences as a person in charge of medical matters in the Great Hanshin-Awaji Earthquake have led me to the following conclusions. In times of major disaster, we need to have a clearly defined line of command on the national level. It is essential for such a line of command to coordinate assistance and cooperation among various government ministries and agencies. The Constitution should be amended to include provisions concerning emergency measures and the responsibility of the state in times of major disaster.
>> Our standards of living have improved as a result of economic
development. Consequently, the right to livelihood must go beyond the guarantee
of a "minimum standard of living." Therefore, the phrase, "minimum
standards," which appears in Article 25 should be removed. In its
place, a guarantee of the people's "right to health" should be
explicitly included in the Constitution. Also, a "Basic Law concerning
Health" (provisional) should be enacted for the purpose of maintaining
and promoting life-long health.
KOKUBO Masao
>> The Constitution is not an "immutable code of laws." Actually, it is nothing more than a mechanism or instrument for managing a nation and ensuring its continuity. Therefore, the Constitution should be revised in line with important changes in the age that we live in.
>> It is obvious that the current Constitution was imposed upon Japan
by the General Headquarters of the Allied Forces in order to prevent this
country from once again becoming a powerful nation. A new Constitution
should be formulated which has its foundations in the consciousness of
the Japanese people. Such a revised Constitution should make provisions
for the following: [1] Inclusion of an explicit statement to the effect
that "the Emperor is the head of state." [2] Inclusion of explicit
statements concerning the right to take military action in defense of the
nation, and the right to maintain military forces under civilian control.
[3] Strong emphasis on the welfare of the public.
TSUKAMOTO Hideki
>> Social conditions have changed dramatically in the past five decades since the end of the war. In view of these changes, Japan should embark on the process of constitutional revision, just as corporations revise their articles of incorporation, which in effect are their constitutions.
>> Constitutional revision should be examined and undertaken in accordance
with the following stages: [1] "Revisions to be made immediately."
These would include such matters as the re-writing of the preamble which
contains no reference to Japanese traditions, culture and history, and
the amendment of Article 89 in regard to government subsidies to private
educational institutions. [2] "Additions to the Constitution."
This would include such matters as a framework for crisis management and
emergency situations. [3] "Matters to be submitted to future discussion."
This would include the issue of Article 9, the question of whether the
nation really needs a House of Councillors, and other matters.
NAKATA Narishige
>> These open hearings must not become a mere formality, nor must they be used to set the stage for constitutional revision.
>> People who have long neglected to make full and appropriate use of the Constitution are now loudly proclaiming the need for revision. That is putting the cart before the horse. What we really ought to do is try to bring the reality of Japan closer to the concepts and ideals expressed in the Constitution.
>> The Constitution provides the foundation for such citizen actions
as the movement to enact a law for government assistance to disaster victims,
and the recall of the mayor of Kobe. Not only does the discussion of constitutional
revision contain elements which might lead to fascism, but it presents
a threat to the autonomy of citizens. Discussion of constitutional reform
must not be hastily entered into.
Main questions and comments to speakers
NAKAYAMA Taro, Chairman
>> (To Governor KAIHARA, Mayor SHIBAO, and Mayor SASAYAMA) What opinion
do you hold regarding the public election of prime minister?
NAKAGAWA Shoichi (Liberal Democratic Party)
>> (To Governor KAIHARA) Shouldn't some statement concerning local autonomy be included in the preamble? How would you re-write the expression, "principle of local autonomy" appearing in Article 92 to render it more understandable?
>> (To Mr. OHMAE and Mr. TSUKAMOTO) Education must be fine-tuned
to take into account differences in tradition and culture as reflected
in the individual, in families, and in local communities. What is your
view of the current status of the government administration of education?
NAKAGAWA Masaharu (Democratic Party of Japan and Club of Independents)
>> (To Mayor SHIBAO) Current discussions of local autonomy appear to be focused on top-to-bottom reforms, such as fiscal structure and the amalgamation of municipalities. What are some of the issues in local autonomy as seen from the perspective of local communities?
>> (To Mayor SASAYAMA) In connection with the Constitution, how do you view the current support systems for victims of major natural disasters?
>> (To Governor KAIHARA) In connection with decentralization, would
you go as far as to consider adopting a federal system of government including
the transfer of judicial powers?
SAITO Tetsuo (New Komeito)
>> (To Mayor SASAYAMA) How do you view the people's participation and support of community-building and town-building initiatives?
>> (To Governor KAIHARA, Mayor SHIBAO, and Mayor KOKUBO) I believe
that adequate powers have not been given to the heads of local governments
to cope with emergency situations involving natural disasters and other
events. What is your view on the division of authority between national
and local governments?
SHIOTA Susumu (Liberal Party)
>> (To Mr. OHMAE) What is your opinion concerning the following:
[1] Did the transition from the Imperial Constitution to the present Constitution
effect a change in the national polity? [2] Was the present Constitution
granted by the Emperor or by the people? [3] Should the section on the
Emperor be moved from Chapter I to Chapter II? [4] Should the Emperor be
explicitly identified as the head of state?
HARUNA Naoaki (Japanese Communist Party)
>> (To Prof. URABE) Does the Constitution obligate the government to provide assistance to victims of earthquakes and other disasters?
>> (To Governor KAIHARA) You have referred to the "art of peace."
What specifically does this mean?
KANEKO Tetsuo (Social Democratic Party)
>> (To Mr. NAKAKITA) In addition to assistance to former members of the military and former civilian employees of the military, does the Constitution obligate the government to provide compensation to the general public for losses suffered during the war?
>> (To Prof. URABE) What is your view on the constitutionality of
maintaining and strengthening the Japan-U.S. Security Treaty arrangement?
KOIKE Yuriko (New Conservative Party)
>> (To Mayor KOKUBO, Mayor SASAYAMA, Mayor SHIBAO and Governor KAIHARA)
What are your views on including explicit provisions concerning natural
disasters in the Constitution?
KONDO Motohiko (21st Century Club)
>> (To Mayor KOKUBO and Governor KAIHARA) Looking back on the Great
Hanshin-Awaji Earthquake, do you remain dissatisfied about any points concerning
the government's response? What are they?
Main points of comments from the floor:
Following the responses to the questions posed by the members of the Commission,
the chairman asked for opinions and comments from the floor. The following
comments were received.
INOUE Tsutomu
>> The dysfunction in crisis management at the time of the Great
Hanshin-Awaji Earthquake is to be blamed on inadequacies in the legal system
for which the Diet must be held responsible. It is unacceptable for members
of the Diet to be using their own shortcomings as an excuse to engage in
discussions of constitutional revision. I would like the members of the
Commission to study the damage from the earthquake more closely.
IKEDA Mikio
>> I would like someone to explain Article 19 which says: "Freedom
of thought and conscience shall not be violated."
FUJIMOTO Tatsuo
>> I hope the Commission will conduct open hearings throughout Japan
and come up with a Constitution that is closer to the ideal. As an independent
nation, we need a Constitution which embodies our national history and
traditions.
YUGUCHI Sumikazu
>> The present Constitution was imposed on us by General MacArthur.
A new Constitution should be created by the hands of the people.
OKAMOTO Hirokazu
>> It is very strange that the members of the Commission did not direct any questions to Prof. Nakata who has been involved in citizens' movements. Japan is now completing preparations to be capable of fighting in wars. Article 9 should be used as a weapon in countering this movement and for raising the anti-war cry.