Meeting Agenda

1. Report on Kobe Open Hearing (held June 4, 2001)

Reporter: Acting Chairman, KANO Michihiko (Democratic Party of Japan and Club of Independents)

2. Constitution of Japan

Brainstorming discussions were held concerning the Constitution of Japan.

3. Chairman NAKAYAMA reported on the progress made by the Research Commission on the Constitution during the current session of the Diet. ( Click here )

Main points of comments made by members of the Commission (in order of presentation)

HANASHI Nobuyuki (Liberal Democratic Party)

>> What I concluded from the deliberations of the Research Commission on the Constitution held during the current session of the Diet is that, when reviewing the Constitution, we need to break free from the conventional framework of "protecting the Constitution versus revising the Constitution," and we must actively get the public involved in these discussions.

>> The present Constitution was formulated as part of a GHQ policy for preventing Japan from ever again becoming a threat to the United States. The Constitution was forcibly enacted under the pretense that the Japanese people had voluntarily deliberated on the matter, whereas in fact conditions of thorough censorship and control of freedom of expression prevailed. However, the pacifism of Article 9 was supported by the people and led to the firm establishment of true democracy. This in itself was very fortunate. As the Cold War developed, U.S. policies towards Japan were gradually relaxed, and this allowed for the start of Japan's economic development.

>> When the Constitution was first promulgated, progressive groups in Japan held the view that it should be amended. However, after Japan regained its independence, these groups suspended their open criticism of the Constitution. Instead, what they did was to claim that constitutional revision was tantamount to the revision of Article 9. In this way, they placed a taboo on any and all discussions of constitutional revision.

>> Various new institutions and systems took root in postwar Japan. However, we must not forget that many other things were lost in the same process. I think that it is not right to throw out all Japanese traditions. What is worthy of preservation must be preserved.

>> Beginning in the next session of the Diet, I would like to see discussion of the Constitution without any taboos. The discussion should start with the preamble and go forward article by article, and should involve the public.
 

SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)

>> The broad ranging activities undertaken since the founding of this Commission have further confirmed the correctness of the 'pro-debate position' adopted by our party concerning the Constitution. What is of critical importance today is to engage in extensive discussions of our concepts of the State and human rights in light of a comprehensive evaluation and reflection of the 20th century. These discussions must then be used to develop a general consensus among the people.

>> Japan emerged as a loser in the war for colonial acquisition waged during the first half of the 20th century. It accepted the Potsdam Declaration, purged itself of militaristic tendencies and went on to establish a truly democratic political system. The Constitution of Japan promulgated in this process stands as a historic legacy reflecting the ideological orientations of the countries led by the Allied countries toward pacifism, respect for basic human rights, and the belief that the sovereignty of the people constitutes the basic foundation for all sovereign nations. To ignore these facts and to focus on the argument that "the Constitution was imposed upon Japan" is truly anachronistic.

>> As is the trend in the European Union where we conducted a fact-finding mission last year, during the 21st century, national sovereignty will be increasingly ceded to supra-national institutions. At the same time, decentralization of political power will proceed. Our discussions today of the "concept and form of the State" must focus on the following: "concept and contents of human rights," the relation between central and local governments, and the relation between international organizations and Japan as a sovereign nation.

>> The following specific themes should be included in the discussion of the "concept and form of the State:" [1] how to add greater depth to the sovereignty of the people; [2] how to add greater depth to the rule of law; [3] how to ensure national security within the framework of the renunciation of war; [4] new concepts of human rights and new obligations of the State.
 

OTA Akihiro (New Komeito)

>> The New Komeito takes the stance of the 'pro-debate position' concerning the Constitution. Therefore, we welcome the bold and substantive discussions of the Research Commission on the Constitution concerning visions for Japan in the 21st century.

>> Postwar Japan transformed itself from militarism to pacifism and from totalitarianism to individualism. However, the importance of "peace" and the "individual" is being questioned today.

>> Next, the lack of national identity is becoming a problem within the general tide towards internationalism. Concerning this point, the preamble and Article 1 of the Constitution are problematic.

>> Looking 20 or 30 years into the future, we can expect the following developments to go forward with the force of magma: [1] information technologies; [2] genome research; [3] the environment; [4] citizens' participation. Therefore, it will be necessary to discuss each of these issues.

>> Recently, there has been growing concern with nationalism. Rational nationalism and emotional nationalism must be separated and differentiated. We must pursue the former. In this context, it will be important to promote love for one's community and love for one's region. This love must be based on the existence of neighborly relations within the community. This is a further reason why the principle of "local sovereignty" must be firmly established.

>> In any case, discussions of the Constitution must involve the people, and it will be important to pay special attention to the issues of the environment and human rights.
 

FUJISHIMA Masayuki (Liberal Party)

>> The Liberal Party takes the position that Japan must adopt a new Constitution in the 21st century. Hence, we hope this Commission will go over the Constitution category by category to identify all points on which the provisions of the Constitution no longer conform to reality.

>> In the area of human rights, the concept of "public welfare" must be re-examined. Likewise, we should consider adding explicit provisions concerning the right to know, environmental rights, and the right to privacy.

>> In the area of national security, we should consider the inclusion of explicit provisions concerning the Self-Defense Forces, national emergencies, and participation in United Nations peace-keeping activities.

>> In the area of government functions, the bicameral system should be reviewed. Also, we should examine the introduction of supplementary direct democratic procedures and
the promotion of decentralization. Regarding the public election of the prime minister, we believe there is no reason to rush into adopting such a system for various reasons, including matters related to the Emperor system in Japan. We also believe that the current judicial system must undergo fundamental reform, and that a constitutional court should be established.

>> The procedures for constitutional amendment should be revised so that an amendment can be proposed with the support of a simple majority in each House.

>> In any case, it is important to involve the people fully in discussing the Constitution.
 

HARUNA Naoaki (Japanese Communist Party)

>> The two open hearings held during the current session of the Diet have made it very clear that a vast gap exists between the discussions taking place in the Diet and the perception of the people. For instance, the view has been expressed in this Commission that "we should immediately start the process of constitutional revision." The discussions that we heard in the open hearings were the opposite and called for considering how to "utilize the Constitution more effectively in our daily lives."

>> On May 11, the Kumamoto District Court ruled on the compensation suit brought against the government by former Hansen's disease patients, clearly stating that the civil rights of the patients had been infringed upon over a long period of time through the government's policy of mandatory isolation. In the open hearing held in Kobe, it was pointed out that government support to earthquake victims was obviously mandated by the provisions of Articles 13 and 25. What this Commission should investigate is whether or not the principles of the Constitution are being properly implemented. Should the Commission find that this is not the case, then it must investigate to find out what is obstructing full and proper implementation.

>> There was grave concern that the Research Commission on the Constitution is in effect becoming the "Research Commission on Constitutional Revision." In light of this concern, the criticism was heard that the open hearings are being used to pave the way for constitutional revision. Before all else, we must immediately embark on the process of investigating the current status of the implementation of the Constitution.
 

TOMON Mitsuko (Social Democratic Party)

>> Okinawa reverted to Japan in 1972. Before this, the GRI (Government of the Ryukyu Islands) Legislature decided in 1965 to make May 3 Constitution Day. In this sense, we can say that "the people of Okinawa have chosen of their own free will to accept the Constitution of Japan which advocates permanent pacifism."

>> After the war, the land of the Okinawan people was requisitioned by the U.S. military. The Vietnam War served to enlarge the military bases and to turn Okinawa into a fortress in the Pacific Ocean. As a result of these developments, anti-war activism and pacifism grew among the people of Okinawa and propelled the movement for reversion to Japan which had a "peace Constitution."

>> However, the reversion was carried out under the terms of the United States and gave permanence to the military bases. As a consequence, though Okinawa did revert to Japan, it was never allowed to move to the "peace Constitution." Since reversion, there has been no change in the problems of crimes committed by U.S. military personnel and environmental degradation caused by the military installations. Consequently, the kind of reversion hoped for by the people of Okinawa never materialized.

>> If the Japan-U.S. security arrangement is of vital importance to Japan, then all the Japanese people must share equally in its burden. Even today, Okinawa remains mired as "an island situated within a military base." This negates the principle of national sovereignty.

>> Instead of discussing the revision of the Constitution, this Commission should investigate instances in which the principles of the Constitution have failed to be implemented in everyday life.
 

MATSUNAMI Kenshiro (New Conservative Party)

>> Article 2 of the U.N. Human Rights Declaration forbids discrimination. Article 11 of the Constitution of Japan provides for basic human rights. I understand this to be an extremely important matter.

>> Recent newspaper articles contain numerous reports of human rights infringements, including the court case involving the compensation of former Hansen's disease patients and problems related to the civil war in Afghanistan.

>> The Law concerning the Promotion of Human Rights Education and Human Rights Enlightenment was enacted at the end of last year as a legislative initiative sponsored by members of the Diet. The government's Council on the Promotion of Human Rights Protection issued its recommendations in May. Included in these was the recommendation for the establishment of an agency for the redress of human rights infringements. I believe this constitutes an important step towards more firmly establishing basic human rights.

>> The Buraku Liberation League is calling for the enactment of a fundamental law for liberation of the burakumin minority group. Notwithstanding the various measures and initiatives undertaken to eliminate the problem of discrimination against the buraku, they continue to believe that the principles of the Constitution have not been properly implemented.

>> In light of these issues, I believe it is necessary for the Commission to undertake an investigation on human rights. Likewise, the Commission should investigate the issue of "public" and "private" as it applies to the question of human rights.
 

KONDO Motohiko (21st Century Club)

>> The in-House political group to which I belong has very few members. Nevertheless, we cannot arrive at a consensus concerning the Constitution because of the differing opinions held by our members. There is only one point on which we agree: the Constitution as it is currently written is very difficult to read and very difficult to understand.

>> Should we not re-write the Constitution into a more legible form without changing its contents and affecting its interpretations?

>> When the Constitution was first promulgated, a children's book entitled "Stories about the New Constitution," was printed as an educational publication. This book was recently reprinted. Reading through this material, one cannot help but feel the excitement which existed when the Constitution came into being.

>> Before discussing whether the Constitution should be revised or not, it is necessary to take measures to encourage the people to participate in the debate concerning the Constitution.

>> I believe one of the purposes of this Commission must be to help develop a deeper understanding of the Constitution among the people.

>> This Commission has not considered the issues of environment, education and national security. In the future, I believe the Commission should invite specialists in these fields to hear their views.
 

TSUSHIMA Yuji (Liberal Democratic Party)

>> Today, the principles of the Constitution and basic human rights are taken for granted. However, basic human rights did not exist as inalienable rights when common law first started. There are no immutable laws in the world. All laws have come into being through people's unceasing efforts.

>> For instance, consider the right of livelihood contained in Article 25. We must remain constantly vigilant in order to determine whether this provision is in compliance with the current conditions in Japan. Personally, at this point, I believe there is a need to expand Article 25 to include the concept of "mutual assistance."

>> In any case, what we must do is to make constant and unceasing efforts to prevent the Constitution from becoming a dead letter.
 

NAKAGAWA Masaharu (Democratic Party of Japan and Club of Independents)

>> The current Japanese political system is lacking in the ability to govern. There is a need to utilize the Constitution to revive the ability to govern.

>> This Commission should focus its discussions on concrete issues, such as fiscal rehabilitation, new missile defense systems and crime prevention.

>> The power of proposing constitutional amendments rests with the Diet. Hence, we as members of the Diet must not allow this Commission to end as a mere study session. Instead, we must link our deliberations to specific constitutional discussions.
 

UEDA Isamu (New Komeito)

>> The current Constitution contains many laudable points. However, more than 50 years have passed since its promulgation, and domestic and international conditions affecting Japan have undergone tremendous changes. For instance, the Cold War has come to an end, and Japan now faces the problems of declining birth rates and the aging of society. It is certainly necessary to respond to these critical changes in the environment.

>> The Commission should focus its discussions on specific issues as follows: [1] We should clarify the principle of pacifism, and consider how Japan can respond in this context to the expectations of other countries. [2] We should consider ways in which the principle of the sovereignty of the people can be more fully put into action by taking into account such issues as the public election of the prime minister and the ideal form of bicameral legislature. [3] We should consider issues pertaining to the status of the three powers of government, such as restraining the continued bloating of the administrative branch, and upgrading the powers of the judicial branch.
 

TANIKAWA Kazuo (Liberal Democratic Party)

>> After the First World War, thanks to the efforts of Foreign Minister SHIDEHARA Kijuro, Japan contributed importantly to the establishment of the Kellogg-Briand Pact (Antiwar Treaty) as an original signatory nation. This is something that we can be fully proud of even today. After the Second World War, the Japanese people were criticized as being warlike and aggressive. But if there is something in which we can take pride, we should be able to continue to take pride in that matter at any time and under any condition.

>> The second half of the 20th century was relatively peaceful, while the first half was an age of wars. We can expect conflicts to arise in various parts of the world during the 21st century. Archbishop Cipriani, who mediated in the take-over of the Japanese Embassy in Peru,was a civilian. Likewise, there are various NGOs which are involved in mediating international conflicts. In light of this, one of the challenges facing Japan is to train and educate young people with an international vision.
 

TSUTSUI Nobutaka (Democratic Party of Japan and Club of Independents)

>> The powers of national sovereignty reached great heights during the 20th century. However, the 21st century will be an age in which national sovereignty is gradually transferred to international institutions and to local governments. In other words, we can say that the age of the use of force has come to an end.

>> Article 9 expresses the ultimate ideal of pacifism. However, there is no indication today that this ideal can be speedily translated into reality. Therefore, the Constitution should be amended to include provisions: [1] to acknowledge as constitutional the Self-Defense Forces dedicated strictly to the defense of the nation; [2] to reject the right of collective self-defense; and [3] to accept the principle of collective security.

>> The nations of the world are becoming increasingly involved in efforts to promote peace. With the United Nations at the center, these efforts include peace-keeping operations, the U.N. police force and other initiatives. This is indicative of the process of globalization in the field of peace-promoting activities. Against this background, Japan must be well aware of what the other countries of the world expect of it.
 

SHIOTA Susumu (Liberal Party)

>> The preamble of the Constitution should be re-written in correct and beautiful
Japanese. The idea of depending on another country to ensure our security and survival is unbecoming of an independent nation.

>> The preamble should include clear provisions concerning the role of the government in the protection of life, property and human rights, as well as the preservation of the nation's history and traditional culture. In this way, Japan should seek to win the respect of the world as an "ethical nation." The Constitution should be re-written in straightforward language so it can be readily understood by everyone. Furthermore, room for interpretive revision should be eliminated.

>> The political parties should present their clear positions on the Constitution. Parties advocating revision should produce drafts of the revisions they advocate.
 

OKUNO Seisuke (Liberal Democratic Party)

>> The adoption of the principle of non-armament was a decision made by General MacArthur. However, when international conditions changed, this principle was modified in response to MacArthur's own wishes. As a result, the National Police Reserve was created, and this evolved into the Self-Defense Forces. As evidenced in this case, Japan's approach to national security should be modified in line with the country's changing international status.

>> There is a clash of views with foreign countries with respect to going to pray at the Yasukuni Shrine. But the issue will never be resolved unless we engage in discussion while avoiding friction and conflict.
 

YAMAGUCHI Tomio (Japanese Communist Party)

>> At the open hearing held in Kobe, mayors maintaining close contact with the public voiced the opinion that they would like to fully put into practice the principles of the Constitution in their administrations. What emerged from the recent ruling on compensation to former Hansen's disease patients is that the people view with grave concern the gap between the Constitution and the reality of Japanese society.

>> The Research Commission on the Constitution must remain faithful to the objects of setting up the Commission which state that it is to "conduct broad and comprehensive research on the Constitution of Japan." If it is to be faithful to its regulations, the Commission must investigate whether the principles of the Constitution are being fully implemented in Japanese society. Wherever it discovers that the Constitution is not being observed, the Commission must proceed to investigate the causes for this.

>> The following should be the focus of the Commission's future deliberations: [1] Have the basic human rights provided for in Chapter III been fully translated into action? [2] How steps can be taken to fully utilize the provisions of Article 9 which places Japan at the forefront of the world?
 

NAKAYAMA Masaaki (Liberal Democratic Party)

>> The United States has planned its line of action on the basis of cool-headed analysis of national strategies. In contrast, Japan has for many years shown a tendency to "act in accordance with the prevailing mood." It is my understanding that the level of a nation's power can be derived by adding its economic and military powers and multiplying this by its national strategies. Japan today has achieved a level of economic power in which it can truly take pride. However, it has no national strategy. Consequently, its overall national power is equal to zero.

>> The Constitution was not made by the people. Rather, it was imposed upon the nation by the United States. Therefore, I believe it must be revised. Moreover, I believe this Commission should discuss the contents of specific revisions.

>> A Constitution which would allow Japan to effectively mediate in a conflict arising between the United States and China can in a true sense be called a "peace Constitution."
 

KANEKO Tetsuo (Social Democratic Party)

>> In compliance with its terms of reference, the Research Commission on the Constitution must aggressively investigate the causes of instances in which the reality of Japanese society veers from the principles enunciated in the Constitution.

>> On the first of June, the Osaka District Court handed down an extremely significant ruling in a case filed by an atomic-bomb victim residing in Korea. The ruling stated that the pertinent administrative directive was based on a mistaken interpretation of the law, and that it possibly violated the provisions of Article 14. This Commission should investigate to determine whether laws are being enforced in compliance with constitutional provisions. It is untimely to hold public hearings without doing this first.
 

HOSONO Goshi (Democratic Party of Japan and Club of Independents)

>> Thus far, the Commission has found it difficult to engage in meaningful debate. Therefore, in the future it should separately address specific issues which must at least include "principles," "human rights," "the institutions of government," and "pacifism." The Commission should discuss these specific themes in a manner which can be easily understood by the public.

>> The Commission should discuss issues of interest to the public. Moreover, in its deliberations, it should play the role of a counterpart to the government which is producing a steady stream of policy proposals concerning the right of collective self-defense, the public election of the prime minister and other matters.

>> Because of the judicial passivism adopted by the courts, the Cabinet Legislation Bureau has come to play a relatively larger role. Viewed from a different angle, this is evidence of negligence on the part of the Diet. The Diet should play a more active role in interpreting the provisions of the Constitution, including those of Article 9.