Open Hearing in Nago City (Okinawa Prefecture )

Monday, April 22, 2002

An open hearing was held in Nago City, Okinawa Prefecture, in connection with the research concerning the Constitution of Japan. After statements were heard from the persons who had asked 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 and its constitution in the twenty-first century)

2.Participating members of the Commission

  • NAKAYAMA Taro(Liberal Democratic Party), Chairman of the Commission
  • >NAKANO Kansei(Democratic Party of Japan and Club of Independents), Deputy Chairman
  • HANASHI Nobuyuki(Liberal Democratic Party), Director
  • KYUMA Fumio (Liberal Democratic Party), member
  • SHIMA Satoshi (Democratic Party of Japan and Club of Independents), Director
  • AKAMATSU Masao (New Komeito), Director
  • FUJISHIMA Masayuki (Liberal Party), member
  • HARUNA Naoaki (Japanese Communist Party), member
  • KANEKO Tetsuo (Social Democratic Party), member
  • INOUE Kiichi (New Conservative Party), member

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

YAMAUCHI Tokushin

>> Japan can be proud of its Peace Constitution in the eyes of the world. It represents in a condensed form the Japanese people's desire for peace after experiencing the hell of war, and it has formed the basis of the nation's postwar recovery and prosperity; indeed, it could be called the very life-blood of the people. I am opposed to revision of Article 9 for this reason, and also because of my experiences as a survivor of the Battle of Okinawa, in which the civilian population was caught in the fighting during the only ground combat on Japanese soil in World War II.

>> The argument that the Constitution was "imposed" is inappropriate: the concept of Article 9 was put forward by the Japanese themselves. Moreover, pacifist principles are a premise of democracy and of the guarantee of fundamental human rights.

>> The ideal of a peace-loving nation presented in the Preamble and Article 9 can serve as a model to the world. Politicians should live up to their obligation under Article 99 to respect and uphold the Constitution, and they should fulfill their duty to realize a peace-loving nation. Further, in order to seek peace by peaceful means, not by force of arms, Japan should propose to all the nations of the world that they incorporate Article 9 into their own constitutions.

>> I am opposed to the emergency response legislation as it is a preparation for putting the nation on a war footing, and they ignore the structure established in the Constitution.


ARAKAKI Tsutomu

>> I will speak as a citizen of Okinawa Prefecture, taking the position that we should firmly maintain and develop the demilitarization and pacifism that are laid down by the Constitution of Japan.

>> For Okinawans, after their experiences in the Battle of Okinawa, when the army thought only of protecting the state and not the local people, the idea "nuchi dou takara---Life is the greatest treasure---" has become an established value. The idea that ensuring the safety of individual lives and livelihoods should take precedence over everything else corresponds to the "dignity of the individual" embraced by the Constitution.

>> If one upholds the value of the "dignity of the individual," one cannot accept the use of military force, as this will always cause great harm to the nation's people. Japan, which bans gun ownership, is a safer society than the United States, which recognizes the right of self-defense and allows its citizens to own guns. We can conclude from this that the same principle of unarmed pacifism, i.e., defending oneself without possessing arms, should be followed to the letter in the international community.

>> Okinawans consider that they won the Constitution for themselves through their long campaign for the return of the islands to Japan--a campaign whose goal was "to live under the Peace Constitution"--and thus I cannot accept the claim that the Constitution was "imposed."


MEGUMI Ryunosuke

>> Japan is facing a number of issues, including: protecting its expatriate citizens, whose numbers have risen as industrial production has shifted offshore; participating actively in international peace operations; and combating terrorism. I am in favor of revising Article 9 in order to address issues such as these.

>> In advocating revision of Article 9, I want to make it clear that: (a) it is a commonly accepted international practice to restrict private rights in the event of a military emergency, and the existing emergency response laws are inadequate to deal with such contingencies; (b) the right of belligerency is a natural right of states; (c) the independence and peace of states cannot be maintained without the backing of military strength.


KAKINOHANA Hojun

>> The nucleus of the Meiji Constitution was "the sacredness of the Emperor," and the Imperial Rescript on Education was issued to spread this doctrine. But the nucleus of the Constitution of Japan is "the dignity of the individual," and the Fundamental Law of Education was enacted to gain full acceptance of this idea. It states that the ideal of education is "to foster the development of persons who respect the dignity of the individual and aspire to truth and peace," and it has as its goal the development of individuals with "well-rounded personalities."

>> These principles have been reaffirmed by resolutions of both Houses of the Diet; accordingly, the resolutions should be respected and put into practice.

>> The concept of "the dignity of the individual" has not become widely accepted in Japan, but this is because Diet members and other public servants have not worked to gain its acceptance. Public servants should make efforts to disseminate the concept, thus fulfilling their duty to protect and uphold the Constitution (Article 99).

>> Since there are some who tend to associate "the dignity of the individual" with selfishness and egotism, Japan must address the issue of bringing greater depth to the concept and achieving its full acceptance.


INAFUKU Erika

>> I belonged to a volunteer group, the Junior Red Cross, for three years in senior high school. On the basis of this experience, I believe that volunteer work creates a symbiosis that could be called a "mutual learning process," as the volunteers and those who receive services, such as elderly people or children, learn from each other.

>> There have been a number of proposals to make volunteer activities compulsory, but this would run the risk of depriving young people of the opportunity to act and learn spontaneously, and would also risk making volunteer activities essentially no different from the "labor service" required during World War II.

>> With regard to the proposed set of emergency response laws, I am concerned that they may restrict the rights of the public and pose a threat to peace.

>> Progress is being made in establishing the rights of the socially disadvantaged, including people with disabilities, women, and children; for example, the Domestic Violence Prevention Law has been enacted. But many problems still remain to be addressed, including spousal violence and child abuse, and we should tackle these issues while affirming the spirit of the Constitution.

ASHITOMI Osamu

>> Okinawa has experienced many hardships, including the ground battle in World War II and twenty-seven years of U.S. military administration after the war, and even now it faces the reality that a high proportion of the U.S. bases in Japan is concentrated in this prefecture. However, in conducting debate on this subject, it is also important to recognize that the U.S. bases in Okinawa are contributing to the peace and security of the Asia-Pacific region.

>> The ideals of Article 9 should be respected, but there is a large gap between the ideal of renunciation of war and the reality in the international community, and accordingly we should make explicit provision in the Constitution so that Japan can possess the minimum armed force necessary to defend itself. In making this provision, we should ensure a structure whereby the people have direct control over the exercise of this self-defense capability.

>> Revision of the U.S.-Japan Status of Forces Agreement should also be studied, as the "human security" of Okinawa's residents must be ensured with respect to incidents or accidents caused by members of the American forces stationed in the prefecture.

>> In view of the recent scandals involving politicians and bureaucrats, the provisions concerning the Diet in Chapter IV of the Constitution should be revised so as to strictly separate the assembly and the Cabinet and put an end to excessively close relations between politicians and bureaucrats. We should also make express provision in the Constitution for the division of roles between the central and local governments, in light of the trend toward "the age of regionalism" and decentralization of power.

Main questions and comments to speakers

NAKAYAMA Taro (Liberal Democratic Party), Chairman of the Commission

>> (To all speakers) What do you think of Japan's security arrangements?

KYUMA Fumio (Liberal Democratic Party)

>> (To Mr. YAMAUCHI) Do you think that the Self Defense Forces are unnecessary? Also, extrapolating from the obligation to respect and uphold the Constitution as stated in Article 99, does it follow that we are not even allowed to discuss revising the Constitution?

>> (To Mr. MEGUMI and Mr. ASHITOMI) Do you think that the existing Constitution is adequate in terms of enabling Japan, as a member of the United Nations, to participate in U.N. operations?

>> (To Ms. INAFUKU) What do you think about establishing provisions on welfare and the environment in the Constitution?


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

>> (To Mr. MEGUMI and Mr. ASHITOMI) I believe that we need to enact a set of emergency response laws, in part because they are necessary to protect fundamental human rights in emergencies. What is your view on this point?

>> (To Ms. INAFUKU) How do you think young people in general would react to the idea of including provisions on new human rights, such as environmental rights, in the text of the Constitution?

>> (To Mr. YAMAUCHI) What do you think of revising the second paragraph of Article 9 to allow the possession of armed force for certain limited roles, such as self-defense and disaster relief?


AKAMATSU Masao (New Komeito)

>> (To Mr. ARAKAKI) In light of the experience of the Great Hanshin Earthquake, I think the Self Defense Forces have a major role to play in responding to natural disasters and similar emergencies. What is your view of this?

>> (To Prof. KAKINOHANA) What do you think about the point that Okinawa has a high crime rate, and also about the introduction of an education policy that allows children "yutori" or "room to grow"?


FUJISHIMA Masayuki (Liberal Party)

>> (To all speakers) How do you view the fact that, when Iraq invaded Kuwait, the Kuwaiti government could do nothing, and, in the end, was dependent on action by the United Nations?


HARUNA Naoaki (Japanese Communist Party)

>> (To Mr. YAMAUCHI and Mr. ARAKAKI) In my view, Japan is required by the Preamble and Article 9 of the Constitution to carry on active peace diplomacy and to make an international contribution by nonmilitary means, and I believe that there are areas in which Japan should be contributing more in such ways. What are your views in this regard?

>> (To Mr. ASHITOMI) What revisions do you think should be made to the U.S.-Japan Status of Forces Agreement, and what do you think are the prospects for this?

>> (To Mr. ARAKAKI) As a lawyer, what do you think of the emergency response legislation currently before the Diet?


KANEKO Tetsuo (Social Democratic Party)

>> (To Mr. YAMAUCHI and Prof. KAKINOHANA) Having personally experienced the Battle of Okinawa, what do you think about the establishment of the proposed set of emergency response laws, which pose risks including restricting the rights of the people?

>> (To Mr. ASHITOMI) I believe that under the proposed emergency response laws Okinawa could be drawn into U.S. military action, because the definition of an "emergency" in the new laws includes "situations in which armed attack is foreseen," and this means that a "situation in areas surrounding Japan" (as defined in the Law Concerning Measures to Deal with Situations in Areas Surrounding Japan) will be simultaneously recognized as an "emergency" under the proposed new legislation. What is your view of this?

>> (To Mr. ARAKAKI) I have the impression that "postwar reparations" were generous to those connected with the military, but do you not agree that reparations to civilian war victims are more important?


INOUE Kiichi (New Conservative Party)

>> (To Mr. YAMAUCHI) What are your views concerning revision of articles other than Article 9? Also, do you think that the U.S.-Japan Security Treaty violates the Constitution?

>> (To Mr. MEGUMI) Are there any points in the Constitution, other than those related to security, that you think should be revised?

>> (To Prof. KAKINOHANA) How do you view the relationship between, on the one hand, the Self Defense Forces and the U.S. Japan Security Treaty and, on the other hand, the Constitution?

>> (To Mr. ASHITOMI) What provisions relating to local autonomy do you think should be incorporated in 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.


YOSHIZAWA Hiroaki

>> It should be noted that Costa Rica--which is situated in Central America, a region prone to conflict--has abolished its standing army under its constitution, and also that the significance of Article 9 of the Japanese Constitution was evaluated highly at the International Citizens' Peace Conference at The Hague in 1999.


GANAHA Takaaki

>> We should recognize that it is difficult to maintain state sovereignty unless it is backed by the compelling force of defensive or military power.


IHA Hirotoshi

>> In Okinawa, the Constitution has not been fully applied; for instance, civilian war victims have still not been compensated, and land forcibly appropriated by the U.S. military has still not been returned. Also, members of the Diet should take the lead in tackling issues relating to the U.S. bases in Okinawa, such as revision of the Status of Forces Agreement.


NAKAMOTO Kazuo

>> I am absolutely opposed to the proposed set of emergency response laws, which open the way to a course leading to war. I am also opposed to making volunteer service compulsory. Please do not think that, with this open hearing today, you have finished listening to the voices of Okinawans.


SAKIHARA Seishuu

>> After the war, the Japanese government, ignoring local opinion, handed over administrative control of Okinawa to the United States. As a result, the people of the prefecture were subjected to a harsh American occupation and had to make sacrifices such as having their land seized by force of arms and bulldozers. To revise the Constitution would trample on the feelings of the long-suffering people of Okinawa Prefecture. We should campaign to have the Constitution's provisions realized concretely.


NOZAWA Akiko

>> It seems to me that the arguments recently put forward for national security measures are the same as the prewar concept of "upholding the national polity." The proposed set of emergency response laws and revision of the Constitution are intended to incorporate Japan into an international war structure headed by the United States, and I oppose them absolutely.