Open Hearing in Nagoya City

Monday, November 26, 2001

An open hearing was held in Nagoya, Aichi 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: The Constitution of Japan (Japan's role in the international community)

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
  • HANASHI Nobuyuki (Liberal Democratic Party), Director
  • SAITO Tetsuo (New Komeito), Director
  • HATOYAMA Kunio (Liberal Democratic Party), Member
  • SHIMA Satoshi (Democratic Party of Japan and Club of Independents), Member
  • TSUZUKI Yuzuru (Liberal Party), Member
  • HARUNA Naoaki (Japanese Communist Party), Member
  • KANEKO Tetsuo (Social Democratic Party), Member
  • UDAGAWA Yoshio (21st Century Club), Member

3. Speakers

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

Prof. TAGUCHI Fukuji

>> Although the September 11 terrorist attacks in the United States are acts that should never be condoned, it has been pointed out that the U.S. retaliation cannot be justified under international law. It is also doubtful whether it will be effective in preventing further terrorist attacks.

>> The cooperation and support for which provision is made in the Antiterrorism Special Measures Law are a part of military action. These new provisions remove the restraints that were placed on the right of collective self-defense under the government interpretation of the Constitution issued by the Cabinet Legislation Bureau, and thus they pave the way for revision of Article 9.

>> Article 9 of the Japanese Constitution is consistent with the outlawry of war in Article 2, paragraph 4 of the UN Charter. Neither the UN Charter nor the Constitution envisions Japan making an international contribution of a military nature.

>> Japan should continue to make its international contributions by nonmilitary means. We should work toward nuclear disarmament, provide economic and social cooperation in the Asia Pacific region, utilize our diplomatic experience with Iran and Central Asia, increase our cooperation with such agencies as the UN High Commission for Refugees (UNHCR) and UNICEF, and coordinate our efforts closely with those of NGOs.
 

Mrs. NISHI Hideko

>> We should consider whether Japan is playing a role in the international community that lives up to the ideals of the Preamble of the Constitution.

>> The gap between rich and poor is growing wider around the world, despite large amounts of economic aid to developing countries. Factors behind this growing gap

include the fact that ODA and private-sector investment do not always result in assistance for the poor, but instead may lead to destruction of traditional lifestyles and the natural environment.

>> The U.S. and allied bombing of Afghanistan in response to the terrorist attacks threatens the right of those who live there to live in peace, and it should be halted immediately.

>> Poverty is the soil in which terrorism grows. The only way to solve the problem is to work to eliminate the gap between rich and poor.

>> Sending the Self-Defense Forces overseas under the Antiterrorism Special Measures Law is an exercise of the right of collective self-defense which violates Article 9 of the Constitution. Dr. NAKAMURA Tetsu of the Peshawar-Kai [a Fukuoka-based NGO] says that sending the Self-Defense Forces will do more harm than good, and that we should be making efforts to provide emergency food aid.
 

Mr. NOHARA Kiyoshi

>> The terrorist attacks on the United States are being discussed in terms of whether or not we should cooperate with U.S. military action. But we should be addressing this issue as one that concerns Japan itself, that is, what should we do when the peace of Japan is threatened?

>> Behind the rise in serious crimes committed by young people, there is a problem on the part of adults, who have failed to teach rules and manners to the young. Adults' inability to teach children a value system that they themselves believe in is rooted in the problem of the Constitution.

>> The Preamble and Article 9 leave our national security in the hands of others. As a result, the Japanese, who have no duty to defend their nation, have been unable to confidently pass on to their children a value system which transcends the individual. This is the origin of the problems currently affecting our education system.

>> If one is glad to have been born Japanese, one will find a positive way of living and develop into a person who can contribute to the international community. For this reason, also, the Constitution should clearly proclaim the right of self-defense that any normal nation possesses, and we should revise the Preamble to give it a dignified style with a clearly Japanese identity.
 

Mr. KAWABATA Hiroaki

>> I would like to make some comments based on having lived in Peru during the 1990s, when both terrorism and military measures against terrorism were everyday events. My comments are thus based on actual experience of the fear of death which results when problems are tackled by means of armed force.

>> In the recent political situation, both in Japan and abroad, the use of violence to counter the violence of terrorism is being supported without any serious thought about its consequences. But it is typical of people who have enjoyed peace all their lives to think that way.

>> In Peru, the Fujimori government's stance of "not yielding to terrorism" resulted in a vicious circle of violence in which many innocent people were killed or had their human rights violated by the military.

>> When the refusal to yield to terrorism is reexamined in light of the value of human lives, it becomes clear that peaceful settlement is the only possible course, and the key to achieving this is dialogue.

>> The international community is inherently complex. Japan's role therein is to provide cooperation that is attuned to the particular conditions of each nation, from the perspective of being aware of the value of each individual human life.
 

Mr. KOIDO Yasuo

>> Since the end of the Cold War, the international community has been characterized by: [1] frequent regional and ethnic conflicts, and [2] the triumph of American globalism. In East Asia, as in the rest of the world, the situation has undergone drastic changes. Against this background, Japan faces the question of what role it should play in the international community.

>> In the past, Japan's international contribution consisted solely of money, in such forms as ODA and a large share of the United Nations budget. After the Gulf War, however, there were calls for Japan to make an international contribution of personnel as well as money, which led to the enactment of the International Peace Cooperation Law.

>> In the future, Japan should decide its role in the international community not in terms of how it is regarded by that community, but in terms of its national interest.

>> Further, we should examine Japan's role through a process of inner struggle and painful choices, facing the gap between the ideal and the real. With regard to contributions of money, we should continue to provide ODA that strikes a balance between the ideal (helping the people of poor nations) and reality (requiring the nations that receive loans to prepare debt repayment plans). With regard to contributions of personnel, in order to strike a balance between the ideal of desiring peace and the reality of having to consider Japan's national interest, we should maintain an army that is subject to adequate controls, but only after gaining the understanding of the other Asian nations.

>> In order to make an international contribution of personnel as well as money, it is vital to encourage the development of able people. I am thinking of people like AKASHI Yasushi, the former Under-Secretary General of the United Nations, who plays an active role based on his convictions while struggling to reconcile the ideal and the reality. I would like to see more Japanese like him actively engaged in every part of the world.
 

Mr. KATO Masanori

>> In the international community Japan is not perceived as a world leader, and I believe that this is due to the absence of true leaders within the country.

>> In order to build world peace centered on the United Nations, Japan should become a permanent member of the Security Council. We should emphasize Japan's desire for peace from our standpoint as a nation that has a "peace constitution," and work for the elimination of nuclear weapons from our standpoint as a non-nuclear-weapons state.

>> If it is to be a leader in the international community in this way, Japan itself needs leaders who have strong leadership qualities. To that end, we should introduce a system of popular election of the prime minister. A popularly elected prime minister would have: [1] a strong sense of responsibility and strong leadership, arising from the awareness of having been chosen directly by the people; [2] the ability to implement policies with a long-term perspective, through having a guaranteed term of office; and [3] the ability to make decisions quickly, by reason of being free to govern independently of the political parties.


Main questions and comments to speakers

NAKAYAMA Taro, Chairman

>> (To Prof. TAGUCHI, Mrs. NISHI, and Mr. KOIDO) In addition to the traditional concept of security, that is, the security of the nation-state, such concepts as regional, global, and individual security are now being discussed. I would like to hear your views on the changing concept of security.
 

HATOYAMA Kunio (Liberal Democratic Party)

>> (To Mr. KAWABATA) In light of your experience in Peru, how do you think Japan should respond to the recent terrorist attacks on the United States?

>> (To Prof. TAGUCHI) Could you tell us more specifically what you meant when you said that an international court of justice should be established to deal with international terrorism?

>> (To Mr. KATO) What condition or state do you think is meant by the word "peace"?

>> (To Mrs. NISHI and Mr. NOHARA) I believe that Japan should show the world leadership on environmental issues, and that, in order to do this, we should make clear provision in the Constitution for coexistence with nature and duties concerning the environment. What are your views in this regard?
 

SHIMA Satoshi (Democratic Party of Japan and Club of Independents)

>> (To Prof. TAGUCHI) With regard to the right of collective self-defense, I believe that we should no longer deal with this issue by reinterpreting the Constitution, but that we should enact a new Constitution. What is your view of this?

>> (To Mr. KATO) With regard to compulsory service for the sake of national security, do you think that members of the younger generation feel resistance to this idea?

>> (To Mrs. NISHI) What is your view on whether environmental rights and duties should be set forth explicitly in the Constitution?
 

SAITO Tetsuo (New Komeito)

>> (To Mrs. NISHI and Mr. KAWABATA) I agree with the idea that we need dialogue instead of meeting violence with violence. However, given the reality that the basic security of the international community is threatened unless decisive measures are taken at this time, how do you think that Japan should make a responsible international contribution?

>> (To Mr. NOHARA) Do you think that the gap between ideals and reality in the present Constitution is one reason for the breakdown of the education system? Also, what are your views on the Basic Education Law?

>> (To Mr. KOIDO) You stated that we should put the national interest before how other nations view us. But is not our standing in the international community the very thing that is meant by "the national interest"?

>> (To Mr. KATO) How do you view the political parties in Japan today?
 

TSUZUKI Yuzuru (Liberal Party)

>> (To all speakers) If a collective security system under United Nations leadership (such as a UN police force) were created in the international community, do you think that Japan should send the Self-Defense Forces to take part?

HARUNA Naoaki (Japanese Communist Party)

>> (To Prof. TAGUCHI) In human history, what is the overall trend regarding the possession of military power and the use of armed force?

>> (To Mr. KAWABATA) From your experience of living in Peru, how do you view the U.S. response to the September 11 attacks? Also, how is the Constitution of Japan evaluated by the world at large?

>> (To Mrs. NISHI) In your view, what is the value of Article 9?

>> (To Mr. KATO) What role do you think Japan should play in the international community in order to eliminate nuclear weapons?

>> (To Prof. TAGUCHI) I believe that it is important to strengthen the functions of the United Nations. What role do you think the United Nations should play in the future?
 

KANEKO Tetsuo (Social Democratic Party)

>> (To Prof. TAGUCHI) I believe that the Antiterrorism Special Measures Law ignores the Constitution. What is your view of this?

>> (To Mr. KAWABATA) In my view, the resolution on the abolition of nuclear weapons which Japan submitted to the UN General Assembly this year represents a retreat from last year's resolution, and it shows no sign of an independent stance on this issue. What is your view in this regard?

>> (To Mr. NOHARA and Mr. KATO) How are the pacifist principles of the Constitution taken up in the classroom? And how are they taught?
 

UDAGAWA Yoshio (21st Century Club)

>> (To Mr. KATO) Among university students, what kind of debate is there over Article 9?

>> (To Mr. KOIDO) In order to respond to international conflicts, do you think that the system provided by the Law Relating to Measures for Preserving the Peace and Security of Japan in the Event of a Situation in the Surrounding Areas can be put in place under the present Constitution?

>> (To Mr. NOHARA) I believe that the human rights provisions in Chapter III of the present Constitution should be utilized to good effect in the international community also. What is your view in this regard?

>> (To all speakers) I would like to ask whether you are for or against revision of the Constitution.


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.

Ms. DOI Tomie

>> Japan has gained the trust of the international community because it has a "peace constitution," and the Constitution's ideals should be realized in concrete ways. Also, there should be a higher proportion of women speakers at the Open Hearings.
 

Ms. HAYASHI Yaeko

>> There is a problem when we have a public-school teacher speaking in favor of revising the Constitution and a university student saying that he has never studied it. We need an educational environment in which the Constitution is taken up as a subject for discussion whenever the occasion arises.
 

Mr. MORI Keizo

>> The existing Constitution was not created by the Japanese; it was created by MacArthur in order to weaken Japan. It should be remade by the Japanese themselves.
 

Mr. ATSUMI Masayasu

>> One reason why Japan has not been respected in the international community is such behavior as building up military strength while maintaining Article 9, or government officials' denying the fact that Japan waged a war of invasion. We should strive to protect the Constitution and to keep alive its peaceful ideals.
 

Mr. ARAKI Fumio

>> There is a global trend toward outlawing war, and Japan should take a clear position that, in keeping with this, it will not maintain military forces. The present Constitution was enacted in a process which incorporated wisdom from the whole of the world, and which included deliberation in the Diet. It is a problem that the study of the Constitution is being neglected in the schools.