Open Hearing in Sapporo City (Hokkaido)

Monday, June 24, 2002

An open hearing was held in Sapporo City, Hokkaido Prefecture, in conjunction with investigations 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.

Subject of the Hearing: The Constitution of Japan (Japan and its constitution in the twenty-first century)

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
  • NAKAGAWA Shoichi (Liberal Democratic Party), Director
  • NAKAGAWA Masaharu (Democratic Party of Japan and Club of Independents), Director
  • AKAMATSU Masao (New Komeito), Director
  • TAKEYAMA Yuriko (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

INATSU Sadatoshi

>> Considering the situation in which Japan finds itself today and the national interest that needs to be protected in the twenty-first century, we should enact a new Constitution, one whose fundamental principles consist of universal values that are, so to speak, a crystallization of the will of the people, formed through the endogenous self-regulation of Japan's traditional culture. On this basis, we should build a moral nation that actively contributes to maintaining the world order at the beginning of the twenty-first century.

>> In the newly enacted Constitution, provision should be made for: (a) Japan's status as a constitutional monarchy whose head of state is the Emperor; (b) the possession of national defense forces to maintain Japan's security and to cooperate in bringing about international peace; (c) active international cooperation in compliance with United Nations resolutions; (d) the establishment of a national conscription system; and (e) the establishment of a constitutional court.

>> If Japan is to prosper in the twenty-first century, we must act on our own initiative to create a political and economic climate that allows stable development of Japanese companies' overseas operations. Hence, the national interest, which Japan's diplomatic policy should endeavor to ensure, can be basically defined as follows: the maintenance of a world order which has the mutually complementary Japan-U.S. alliance as its mainstay and which assures an advantageous international political and economic environment.


ISHIZUKA Osamu

>> The ideals of the Constitution of Japan, especially the staunchly pacifist ideals declared in the Preamble and Article 9, present a vision of the world as it should be in the twenty-first century.

>> The Constitution of Japan is sometimes criticized as an "imposed" constitution, but, whatever its background, it is the contents that matter. The real problem is that, as yet, the Constitution's ideals have not been put into practice.

>> Japan has had not only its security policy but also its agricultural and food policies imposed on it by the United States. Instead of allowing the United States to dictate its policies, Japan must pursue a thorough and consistent pacifism and become a politically and economically independent country.

>> I am opposed to constitutional revision at this stage, but if I had to choose one item to be added to the Constitution in the future to help make Japan a truly independent nation, it would be the idea of "self-sufficiency." Japan is one of the world's worst resource-recycling nations; it must become a recycler which does not impose burdens on other nations.


TANAKA Hiroshi

>> The Japan Federation of Bar Associations and the Sapporo Bar Association are opposed to the three emergency-response bills and have called for their withdrawal, on the grounds that: (a) there is a very great risk of infringing basic principles of the Constitution of Japan, including the principles of pacifism and respect for fundamental human rights; (b) the bills distort the spirit of local autonomy; (c) they strengthen control over the media and violate the freedom of the press.

>> I am strongly opposed to the revision of the Constitution that enables Japan to go to war at any time. Before considering such a change, it is important to realize the ideals of the Constitution by actively addressing a greater number of human rights issues.

>> The human rights situation of the Ainu people today is unsatisfactory. The government should reflect on its past treatment of the Ainu and develop more benign policies toward them, based on an awareness of: (a) the historical process whereby the government's Ainu policy led to the decline of the Ainu people and their distinct culture; (b) the fact that the existence of the Ainu people means that Japan is not a monoethnic nation; (c) the fact that the Ainu are an indigenous people.


SATO Satomi

>> The proposed legislation for the protection of human rights provides recourse for those whose human rights are violated by the mass media. This poses a risk to the media's freedom to report news, and, by extension, to the freedom of expression guaranteed by Article 21 of the Constitution. As the public has to rely on the media for information, it would also lead to violation of the public's right to know.

>> Despite the fact that Article 14 declares the equality of all of the people under the law and guarantees equality of the sexes, women's participation in society is restricted by such factors as discriminatory employment practices and the belief that housework is women's work, which is still common among men and among mothers-in-law. Also, although the Domestic Violence Law has been enacted to eradicate violence against women, it does not go far enough. If women are to be guaranteed the rights that are due to them, there is a further need to improve legislation and change attitudes.

>> Those who argue that the Constitution should be revised because it is not suited to contemporary society have their priorities back to front. The important thing is to put the ideals of the Constitution into practice.


YUKI Yoichiro

>> The principles on which the Constitution of Japan is founded, namely, (a) the inviolability of fundamental human rights, (b) the sovereignty of the people, (c) the principle of peace for all time (nonmaintenance of war potential and nonrecognition of the right of belligerency of the state), (d) the separation of powers, (e) respect for local autonomy, and (f) the principle of international cooperation, are the end points of intellectual and political endeavors which humankind has pursued over the ages. As such, they should be firmly upheld, no matter how great the difficulties.

>> Article 9 should be interpreted as not recognizing the maintenance of any war potential, nor the right of belligerency of the state in any circumstances. The interpretation that it recognizes "wars of self-defense and maintenance of war potential for purposes of self-defense" is incorrect.

>> Among the points in the Constitution where I feel there is room for improvement, those which would require constitutional amendments are: (a) the introduction of a referendum system; (b) the establishment of a constitutional court; and (c) the introduction of a presidential system. There are also several areas where it would be advisable to add supplementary revisions to the existing Constitution to clarify its intent. They are: (a) changing the wording of the limiting principle with regard to human rights in general, from "the public welfare" to "not violating the rights of others"; (b) making explicit provision for the right of resistance; and (c) making explicit provision for two new rights, the right to privacy and the public's right to know.

>> When constitutional amendments are proposed, each article and paragraph should be voted on individually, except in cases where two or more items are particularly inseparable. The whole should not be presented as a package, which would cover up where the problems lie.


MASUGI Eiichi

>> The present Constitution, with its ideal pacifism and related principles, should show its true worth more than ever in the twenty-first century, fifty years after its enactment.

>> It is not correct to assert that the present Constitution is outdated as a constitution for the twenty-first century because it does not provide for environmental rights or access to information. These rights already have sufficient status in the existing Constitution; for example, environmental rights come under the rights based on Articles 13 and 25, and access to information is a right based on the "right to know" and associated rights that derive from the freedom of expression guaranteed by Article 21.

>> Reform of the judicial system is essential today, in the twenty-first century, in order to uphold the Constitution and protect human rights. It should include increasing the number of lawyers and judicial officers; raising the budget for judicial affairs; and realizing a system allowing citizens to participate directly in the administration of justice.

>> I oppose the emergency-response legislation as it is contrary to the pacifist principles of the Constitution and risks violating fundamental human rights.


Main questions and comments to speakers

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

>> (To all speakers) As we enter the new century, ongoing globalization driven by advances in science and technology, conclusion of free trade agreements, and so on has changed Japan's environment greatly. At this point in time, how do you regard the question of internationalization in Hokkaido, in view of your geographical proximity to Russia and Canada?


NAKAGAWA Shoichi (Liberal Democratic Party)

>> (To Mr. INATSU and Ms. SATO) Education policy in Japan today calls for yutori (room to grow), but some critics describe the present situation as yurumi (slackness) instead. What is your view of education in Japan?

>> (To Mr. ISHIZUKA) Self-sufficiency of the food supply may be a useful goal to inspire effort, but it would be difficult to actually achieve in present-day Japan, would it not?

>> (To Prof. YUKI) Do you agree that the right decision would not be made if a method of direct democracy, such as a referendum, were applied to policies (such as raising taxes) that are objectively necessary but have adverse effects on the public in the short term?

>> (To Prof. YUKI) If a presidential system were introduced, would there not be problems in relation to the Emperor system?


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

>> (To Prof. YUKI) When you think about, for example, Japan's contributing to the international community through the United Nations, as one who holds that the right of self-defense is denied under Article 9, what are your views on: (a) taking part in peacekeeping operations, (b) taking part in a multinational force or United Nations army, and (c) carrying out rear-echelon support in a form that is distinguishable from the use of armed force?

>> (To Mr. INATSU and Mr. TANAKA) Some people hold that Japanese investment in Russia remains low because the Northern Territories issue is an obstacle. What do you think about shelving the Northern Territories issue for the time being and forging economic and other ties with Russia?

>> (To Mr. TANAKA and Mr. MASUGI) I believe that Japan should actively accept foreign workers, refugees, and stateless persons. What are your views in this regard?


AKAMATSU Masao (New Komeito)

>> (To Prof. YUKI) While you advocate firmly upholding the principles of the Constitution of Japan, you also said that there is room for some revision, although you viewed this as an unlikely event. Would you mind explaining once again your basic thinking with regard to revision of the Constitution?

>> (To Mr. ISHIZUKA) You stated that you are "opposed to constitutional revision amid the current political situation." How would the political situation have to change before you would be favorable to revision of the Constitution? Also, what kind of time period do you consider appropriate for constitutional revision?

>> (To Mr. ISHIZUKA and Mr. TANAKA) What do you think are the repercussions of the fact that there is a complete dissociation between Article 9, Paragraph 2 and reality, namely, the existence of the Self-Defense Forces?

>> (To Mr. MASUGI) From your perspective as a lawyer, could you describe the sense of crisis that you have concerning the present state of the judicial system?

>> (To Ms. SATO) What, in your view, is the cause of the recent clear trend among Japanese women toward marrying later?


TAKEYAMA Yuriko (Liberal Party)

>> (To Ms. SATO) What do you think about the introduction of optional use of separate surnames by married couples? Also, what kind of reforms do you think should be made so that women can continue to work throughout their lives?

>> (To Mr. MASUGI) I feel that Japan's judicial system, unlike its American counterpart, is not readily accessible or familiar to the people. What reforms do you think we should pursue in order to catch up with the United States?

>> (To Prof. YUKI) Like you, I am in favor of establishing a German-style constitutional court. In your view, why is the soil that might have supported the establishment of a constitutional court lacking in Japan?

>> (To Mr. TANAKA) Couldn't the Hokkaido prefectural government have addressed the Ainu question somehow? Also, do you think the prefecture pressed the national government sufficiently to improve the situation of the Ainu?

>> (To Mr. ISHIZUKA) What do you think caused the decrease in the food self-sufficiency ratio, and what kind of policies do you think are necessary in future?


HARUNA Naoaki (Japanese Communist Party)

>> (To Mr. TANAKA) How do you view the contemporary significance of the Constitution of Japan? Also, what is your understanding of the current debate over constitutional revision?

>> (To Mr. MASUGI) You have said that "The present Constitution should show its true worth more than ever in the twenty-first century, fifty years after its enactment." In your view, which points of the Constitution should show their true worth?

>> (To Ms. SATO) Would you like to comment on the recent controversial statement by a senior government official that Japan could alter its three nonnuclear principles?

>> (To Mr. ISHIZUKA) As a farmer, what do you think is the impact of the BSE problem ("mad cow disease"), and what countermeasures should the national government take?

>> (To Prof. YUKI) What do you think should be done to eliminate the gap between Article 9 and reality, i.e., the existence of the Self-Defense Forces?


KANEKO Tetsuo (Social Democratic Party)

>> (To Mr. MASUGI) I believe that the Constitution of Japan is not merely founded on idealism, but came into being based on reality, namely, the experiences of Asia and Okinawa. Do you agree?

>> (To Mr. ISHIZUKA) Japan possesses a large quantity of plutonium. What are your views concerning energy self-sufficiency and nuclear policy?

>> (To Mr. TANAKA) In contrast to the U.S. government, which responds quickly even to decisions by lower courts, the Japanese government is not willing to apply the Atomic Bomb Victims Relief Law to victims living outside of Japan in spite of several rulings to that effect by district courts; instead, it is waiting for a final judgment. How do you view this attitude of the Japanese government?

>> (To Prof. YUKI) In the recent case of the Defense Agency's listing persons who requested the release of information, I think the fact that the Agency investigated their background is a more fundamental problem than the fact that it compiled a list. What are your views in this regard?


INOUE Kiichi (New Conservative Party)

>> (To Mr. INATSU) You take the position that the Emperor should be head of state, but do you think that we should revise the provisions of the existing Constitution concerning the Emperor's status?

>> (To Mr. ISHIZUKA) You advocate food self-sufficiency, but you are opposed to revision of Article 9. I believe that even if we could be self-sufficient in food, this would only be possible as long as Japan were at peace; hence the security of the international community becomes important, and hence, I believe, there is a need to consider revising Article 9. How do you respond to this?

>> (To Prof. YUKI) I can appreciate the ideals of Article 9, but in view of how dissociated from reality they have become, would you not agree that they can no longer be called law? I think that one must either match the law to reality, or match the reality to the law. What are your views in this regard?

>> (To Mr. MASUGI) If one considers world peace and security necessary, I believe it is only natural that Japan contribute to their maintenance. What are your views in this regard?


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.

ISHIKAWA Kazumi

>> I think that today's Open Hearing pointed in the direction of support for upholding the Constitution.

>> The significance of Article 9 of the Japanese Constitution was evaluated highly at the International Citizens' Peace Conference at The Hague. Peace cannot be maintained by armed force. The emergency-response legislation is a negation of Article 9.


ICHIKI Takateru

>> I am absolutely opposed to Japan's becoming a state that participates in war as a result of enactment of the emergency-response legislation and subsequent revision of Article 9.

>> I am opposed to the holding of these Open Hearings, because they will be exploited to generate momentum for revision of the Constitution.