Open Hearing in Fukuoka City

Thursday, December 9, 2002

An open hearing was held in Fukuoka City, Fukuoka Prefecture, in conjunction with research on the Constitution of Japan. After statements were heard from persons who 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 and its constitution in the twenty-first century)

2. Participating members of the Commission

  • NAKAYAMA Taro (Liberal Democratic Party), Head of Mission and Chairman
  • SENGOKU Yoshito (Democratic Party of Japan and Club of Independents), Deputy Chairman
  • HANASHI Nobuyuki (Liberal Democratic Party), Director
  • YASUOKA Okiharu (Liberal Democratic Party), Director
  • OIDE Akira (Democratic Party of Japan and Club of Independents), Director
  • EDA Yasuyuki (New Komeito), member
  • TAKEYAMA Yuriko (Liberal Party), member
  • HARUNA Naoaki (Japanese Communist Party), member
  • KANEKO Tetsuo (Social Democratic Party), 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

KUSAKABE Yasuhisa

>> As a local public servant, my duties include providing assistance to individuals suffering from the harmful effects of medicines, securing workplaces for the disabled, and addressing the problem of karoshi (sudden death from overwork). Based on these experiences, I think that the Constitution which stipulates the rights to minimum living standards of wholesome and cultured living, to work, and to the pursuit of happiness should be thoroughly applied in citizens' daily lives.

>> I experienced the blackouts near a U.S. military base during the Korean War, and I vividly remember the excitement I felt when I subsequently learned about Article 9, which renounces war. I still believe that Article 9 is a precious jewel that should continue to be treasured in the future.

>> I do not believe that Japan has become isolated because of Article 9. On the contrary, I feel that Japan has gained the respect of the world because Article 9 is a vanguard and universal approach. Additionally, I am opposed to the emergency-response legislation because it opens the path to having local public servants force residents to cooperate with war.


GOTO Yorinari

>> To realize citizens' right of access to the courts, (a) the number of judges should be greatly increased to secure the right to a speedy trial with sufficient examinations, and (b) the legal subsidy system to defray legal expenses should be greatly improved and expanded so that all citizens can employ the services of lawyers.

>> Considering the incontestable fact that Japan has not started even a single war over the past 50 years and thus not killed any people in foreign countries, I want Article 9, which declares to the world that Japan will never again engage in war, to remain unchanged in the 21st century as the main pillar of the peace constitution.


NISHIZA Seiki

>> In this age where terrorism and threats from nearby nations have become a reality, I question the ability of the Self-Defense Forces to defend citizens' lives and property under the ambiguous interpretations of the present Constitution. I think that the Constitution should be revised to change the Self-Defense Forces into a defense corps to protect the nation.

>> Regarding educational reform, I think that the goal of the educational system must be to establish the foundations of students' humanity by teaching them to be considerate, to distinguish between right and wrong, and to have a strong sense of justice and morality. To these ends, each region should implement its own educational program based on the local history and culture, and emphasizing the unique personality of each student. I also want students to come to love their country, and to take pride in their country.

>> When considering future regional development, in the case of Kyushu, we need to examine the transportation network linking each region of Kyushu, the do-shu system that views all Kyushu as one entity and otherwise address "town building" from a prefecture-wide perspective.


HAYASHI Chikara

>> Human rights cannot be secured without peace, and war itself is the greatest form of discrimination. Given the nuclear proliferation crisis and the progress of global environmental destruction, I am confident of the great significance of the Constitution, and I am vehemently opposed to any revision of Article 9.

>> It is unfortunate that some youth tend to mistakenly view their freedoms and human rights as a liberty to engage in selfish behavior, but I cannot give my assent to the forced teaching of morality by the state or to simplistic efforts to pursue family responsibility.

>> Considering the discrimination that has occurred under the present Constitution against members of the Burakumin minority and against leprosy patients, I would like to see a national debate regarding how the efforts of the state and of the people have been insufficient to guarantee human rights.


MIYAZAKI Yuko

>> I think that people should read the interim report of the Research Commission on the Constitution because it shows what is being deliberated, but I think the contents of the report should have been easier to understand.

>> I think that the government should take greater advantage of regional open hearings, which are opportunities to directly listen to citizens' voices, and govern in ways that are more closely in line with the ideas of average citizens.


ISHIMURA Zenji

>> I think that the Preamble to the Constitution and Article 9, which hold up the ideal of pacifism, are only becoming more significant in the present day. To realize peace, Japan should strictly observe the three non-nuclear principles, enact domestic nuclear-free legislation, and work toward a treaty establishing Asia as a nuclear-free zone. The Preamble to the Constitution and Article 9 should not be revised.

>> Article 13 of the Constitution stipulates that "All of the people shall be respected as individuals." I think this should be revised to stipulate that "all people shall be respected as individuals" considering that respect for the individual constitutes the core of fundamental human rights, and to clearly stipulate the status of fundamental human rights under constitutions in the international community of the 21st century.

>> To secure the "right to know" regarding all state actions, including not only actions by the executive branch but also actions by the legislature and the judiciary, this right should be explicitly stated in Article 21 and elsewhere in the Constitution

>> Expansion of the Emperor's political activity and the use of the Emperor as grounds for violations of freedom of thought and freedom of religion should be prevented by clarifying the sovereignty of the people. Accordingly, Chapter I of the Constitution which is presently entitled "The Emperor" should be renamed as "The Sovereignty of the People."


Main questions and comments to speakers

NAKAYAMA Taro, Head of Mission

>> (To all speakers) What stance do you think should be taken concerning Article 9 and the right to self-defense to protect citizens' lives and property from state crimes such as the abduction of Japanese nationals by North Korea and the entry of suspicious vessels into Japanese waters?

YASUOKA Okiharu (Liberal Democratic Party)

>> (To Mr. NISHIZA) While everyone believes that Japan should become a world leader as a nation of peace, how do you think that Article 9 should be revised in terms of the right of self-defense to protect citizens' lives and property?

>> (To Mr. KUSAKABE and Mr. GOTO) Now that the Cold War has ended, I think that Japan should participate in PKO and PKF, in light of its responsibility to build up international peace. What is your opinion about this?

>> (To Ms. MIYAZAKI) I think Japan should make contributions to maintaining international order that are commensurate with its national strength, and must also defend its own economy. Do you think that Japan should refrain from the use of force, even if it is for these purposes?


OIDE Akira (Democratic Party of Japan and Club of Independents)

>> (To all speakers) I think that Japan's national sovereignty should be made clear under the Japan-U.S. security regime. What is your opinion about this?

>> (To all speakers) The U.S. has maintained its strategies based on the possession of nuclear weapons, and I think this is, in part, because Japan failed to protest sufficiently that the use of nuclear weapons on Hiroshima and Nagasaki was a mistake. What is your opinion about this?


EDA Yasuyuki (New Komeito)

>> (To Mr. HAYASHI) I understand that the policy of segregating Hansen's disease patients was enforced since the Meiji Era based on a policy of "protecting the purity of the Japanese race." The continuation of such policies after the present Constitution was enacted was due to ignorance about Hansen's disease and an insufficient understanding of human rights. What is your opinion about this? Also, what do you think should be done to ensure that this sort of tragedy is never repeated?

>> (To Mr. ISHIMURA and Mr. HAYASHI) Regarding the "right to know," environmental rights and other "new human rights" that were not envisioned when the present Constitution was enacted, Seijo University Professor MUNESUE Toshiyuki, who was invited to serve as an informant to the Subcommittee on Guarantee of Fundamental Human Rights, stated in his paper that human rights are being violated in new ways, but that the value of human rights itself is nothing new. What are your opinions regarding this assertion?


TAKEYAMA Yuriko (Liberal Party)

>> (To Mr. GOTO and Mr. ISHIMURA) Japan has no constitutional court, and I think the judicial review of constitutionality is presently insufficient. How do think the determination of constitutionality should be addressed in the future?

>> (To all speakers) What is your opinion regarding the system allowing husbands and wives to retain different surnames?

>> (To Mr. HAYASHI and Mr. ISHIMURA) I think that because over 50 years have passed since it was enacted, the Constitution is no longer appropriate for contemporary society and that new ideals must now be explicitly stipulated. Do you think that like the Constitution, the Fundamental Law of Education also requires the addition of new ideals?

>> (To Mr. KUSAKABE) I think that the decentralization of government authority should take the form of local autonomy, and that local governments should be given both administrative powers and financial resources. Do you think that this sort of approach would be possible within the existing system?


HARUNA Naoaki (Japanese Communist Party)

>> (To Mr. KUSAKABE and Mr. ISHIMURA) The government recently decided to dispatch an Aegis destroyer to the Indian Ocean, and I believe that this unites Japan with the use of force by the United States, and that such actions are eroding the pacifism of the Constitution, little by little, without proper debate. What is your opinion regarding this?

>> (To Mr. HAYASHI and Mr. GOTO) I believe that the pacifism upheld by the Constitution is an active pacifism for building up peace through diplomacy. What sort of efforts do you think should be made to achieve this?

>> (To Mr. KUSAKABE and Mr. HAYASHI) Your statements have presented criticisms regarding the violations of human rights under the present Constitution, despite the wealth of human rights prescriptions in as many as 30 separate articles of the Constitution. What do you think we should do to overcome this present situation whereby the Constitution is not being enforced?

>> (To Mr. GOTO) I believe that the "new human rights" have actually been created out of the wealth of human rights prescriptions in the existing Constitution, and that expressly stipulating such "new human rights" will not ensure that they are realized. What is your opinion about this?


KANEKO Tetsuo (Social Democratic Party)

>> (To Mr. ISHIMURA) The other day, a Japanese Ground Self-Defense Force (GDSF) officer challenged the participants in a demonstration against live-ammunition exercises by the US Marines at the Hijiudai practice range in Oita Prefecture. I think that this type of incident makes one fear that the Self-Defense Forces are nothing but an army. What is your opinion about this?

>> (To Mr. NISHIZA) Some claim that the use of force must be permitted to protect the lives and property of Japanese citizens, but war never protects citizens' lives or property. On the contrary, during wars average citizens suffer more than the army. What do you think about this fact that during wartime the citizens who must be protected cannot be protected?

>> (To Mr. GOTO) Lower courts have already ruled three times that the provisions of the Law to Support the Survivors of the Atomic Bomb should be applied to victims who reside outside of Japan. Do you think that the government should therefore take action now, without waiting for a Supreme Court ruling?

>> (To Ms. MIYAZAKI) Would you please elaborate on those points that you were unable to cover thoroughly when you presented your statement?


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.


TAKU Yoshio

>> The Preamble to the Constitution speaks of "trusting in the justice and faith of the peace-loving peoples of the world." The reality is that some Japanese have been held captive by North Korea for 25 years. Clearly, the world is not limited to peace-loving nations, and I am enraged at the Constitution. Japan is unable to protect its own citizens, and this is because of the spirit of the Preamble to the Constitution and Article 9. This type of constitution must be revised.

DERIHA Seiji

>> I am opposed to any revision of Article 9, and I think the argument that Article 9 permits the use of force in self defense is mistaken. Self-Defense Forces troops have now been dispatched as far as the Arabian Sea, and I do not see how this can be interpreted as self-defense.

>> The spirit of "the renunciation of war" praised in the 1947 government publication Stories about the New Constitution has been forgotten. We should not permit the dispatch of Self-Defense Forces personnel overseas.


OBARA Aiko

>> I am opposed to revising Article 9. I have listened to the experience of the Nagasaki atomic bombing victims, and one of them remarked that the present conditions in Japan are similar to those before and during the war. The Constitution should not be changed to match realities of this kind.

>> We need to think deeply about the meaning of international peace. I do not believe that the present actions of the United States are contributing to international peace.