Meeting Agenda
1.Deputy Chairman of the Commission SENGOKU Yoshito (Democratic Party of
Japan and Club of Independents) reported on the Open Hearing held in Fukuoka
on December 9, 2002.
2.The chairpersons reported on the progress and summarized the findings of their subcommittees during the current session of the Diet.
Reporters
- OIDE Akira (Democratic Party of Japan and Club of Independents), Chairperson, Subcommittee on Guarantee of Fundamental Human Rights
- YASUOKA Okiharu (Liberal Democratic Party), Chairperson, Subcommittee on Fundamental and Organizational Role of Politics
- NAKAGAWA Shoichi (Liberal Democratic Party), Chairperson, Subcommittee on Japan's Role in International Society
- NISHIDA Mamoru (Liberal Democratic Party), Chairperson, Subcommittee on Local Autonomy
3.Brainstorming discussions were held on matters concerning the Constitution
of Japan.
4.Chairman of the Commission NAKAYAMA reported on the progress made by the Commission during the current year. ( Click here )
Main points of the subcommittee chairpersons' summaries of research during the current session of the Diet
OIDE Akira, Chairperson, Subcommittee on Guarantee of Fundamental Human Rights
>> Many expressed the opinion that the introduction of "flexible education, free from pressure" in the new curriculum guidelines is one of the causes of a decline in academic abilities, classroom disruptions and other recent problems in schools. Others pointed out that educational issues should not be considered solely from the perspective of academic ability, and that "freedom from pressure" and "zest for living" are also important viewpoints. Opinions were expressed regarding diverse other educational issues including the revision of the Fundamental Law of Education, and the pros and cons of the present official curriculum guidelines, and the meaning of "equality" in education.
>> In view of the above points, we need to conduct further deliberations on the ideal approach to education and on the guarantee of fundamental human rights.
YASUOKA Okiharu, Chairperson, Subcommittee on Fundamental and Organizational Role of Politics
>> The discussions noted that the role of political parties as a pipeline linking the Diet with the people is becoming more and more important in contemporary society, which must respond promptly and correctly to new domestic and foreign issues reflecting the will of the people. We felt a keen awareness of the necessity to examine the future ideal form for political parties, in great depth, including the approach to election pledges and internal party decision-making procedures.
>> Based on the discussions to date, we intend to conduct further deliberations on the ideal structure for the mechanism of government, keeping focused on the major goal of constitutional debate for Japan of the 21st century and for the next generation of Japanese citizens who will be active in it.
NAKAGAWA Shoichi, Chairperson, Subcommittee on Japan's Role in International Society
>> During the free discussion sessions, the subcommittee members engaged in a lively and deeply significant exchange of opinions regarding Japan's future security arrangements and concerning responses to emergencies. Incorporating these dialogues among the subcommittee members into the Commission's future deliberations should facilitate more fruitful research findings.
>> The supporters of different factions expressed conflicting opinions regarding Japan's future security arrangements and the emergency-response legislation. Considering the political duty to protect the lives and property of Japanese citizens, we need to conduct further and more in-depth discussions toward forming a consensus that transcends party lines.
>> We need to conduct further deliberations on Japan's proper role in the international community from the perspective of how to respond to the end of the Cold War, the progress of globalization, and the other rapid changes in international conditions while retaining Japan's independence and unique identity.
NISHIDA Mamoru, Chairperson, Subcommittee on Local Autonomy
>> There was a general agreement that the ongoing reforms toward decentralization should be further advanced to enhance the local government autonomy guaranteed by the Constitution. In doing so, we need to conduct further deliberations on the various existing local autonomy-related systems, and on the fundamental roles of the basic units of local government.
Main points of comments by members of the Commission (in order of presentation)
First comment from each party and group
SUGIURA Seiken (Liberal Democratic Party)
>> In examining the future vision of Japan as a state, we need to consider the introduction of a do-shu system, which would integrate the prefectures into a small number of states or provinces.
>> As constitutional scholars are divided about whether the Constitution would have to be revised for the introduction of a do-shu system, further examinations are needed from the perspective of promoting decentralization by transferring authority and revenue sources to local governments, and by promoting financial efficiency, to enhance the independence of basic units of local government.
NAKAGAWA Masaharu (Democratic Party of Japan and Club of Independents)
>> The United States has emerged as the sole dominant power in the post Cold War world order. Within this framework, Japan is in great need of extensive debate about whether it should align itself with the U.S.-centered order or emphasize its independence by espousing a world order centered on the United Nations.
>> Discussions regarding the various problems that Japan is facing are becoming inward-looking, as everything is being placed within the context of the debate on revising the Constitution. We need to spark a citizens' debate to clearly stipulate the will of Japan as a nation. It is important to position the debate on the Constitution as a means for expressing the will of the people.
>> I would like to raise the following three points regarding future deliberations on the Constitution: (a) it might be possible to prompt more active judicial reviews of constitutionality by positively facilitating rulings on the constitutionality of legislation rather than establishing a constitutional court through constitutional revisions; (b) a national referendum system should be established for important matters from the perspective of further guaranteeing citizen participation in government affairs; and (c) specific constitutional revisions should be studied, one after another, on items for which a consensus has been reached.
SAITO Tetsuo (New Komeito)
>> New Komeito has identified the sovereignty of the people, permanent pacifism and the respect of fundamental human rights as three universal principles, and our position is to steadfastly support Article 9. Our approach to constitutional reform is to adopt additions to the constitution. This "additive approach" would develop ideals of the existing Constitution in accordance with the changing times, by adding environmental, privacy and other rights to the constitution.
>> We agree that specific constitutional revisions should be studied, one after another, on items for which a consensus has been reached.
>> My personal opinion is that "contributing to the wisdom of humanity" should be included as one item under this "additive approach"
TAKEYAMA Yuriko (Liberal Party)
>> Based on my experience attending the Sapporo and Fukuoka open hearings, I feel that we need to re-examine the format for the holding of such public hearings. It is particularly important to ensure a balanced selection of speakers, considering the wide range of perspectives held. At the Fukuoka hearing, almost all the speakers addressed Article 9, but I still question whether the Japanese people presently perceive the Constitution as something close to them.
>> The Liberal Party is aiming at the enactment of a new constitution, and we feel that the Commission should now proceed with its deliberations by examining the articles, one by one, to ensure that the people will perceive the constitution as easily understandable and close to their lives.
HARUNA Naoaki (Japanese Communist Party)
>> At the Fukuoka open hearing, all the speakers touched on Article 9. Many expressed reservations regarding the dispatch of the Aegis destroyer to the Indian Ocean and the emergency-response legislation, and most agreed that Japan should address the Iraq issue in a peaceful manner. I felt that these statements were consistent with recent public opinion polls indicating that the majority of the Japanese people are opposed to any revision of Article 9.
>> At the Fukuoka hearing, speakers also reported on the unconstitutional realities in workplace and living conditions, and some expressed the opinion that constitutional human rights stipulations provide power to oppose these. This made me feel a keen need for the Commission to henceforth conduct examinations on the gaps between constitutional ideals and actual conditions.
>> Considering these discussions at the open hearings and the statements by informants at subcommittee hearings regarding the debates on the constitutionality of the political reforms of the 1990s and difficulties that local governments face in manifesting their autonomy under existing central government controls, I think the Commission should first address the theme of the gap between constitutional ideals and actual conditions.
KANEKO Tetsuo (Social Democratic Party)
>> The Commission needs to conduct examinations regarding the extent to which constitutional ideals are being manifest, the reasons for any gaps between the constitutional ideals and the actual conditions, and the means whereby the actual conditions can be brought into closer conformity with the constitutional ideals.
>> For example, 30,000 Japanese are now committing suicide each year as a result of the corporate restructuring measures and bankruptcies caused by the recession. I think this indicates that government is not fulfilling its duties to uphold the rights to minimum standards of wholesome and cultured living and social welfare prescribed in Article 25 of the Constitution. Furthermore, the fact that unemployed workers are unable to find employment even after the terms of their unemployment benefits expire means that the right to work prescribed in Article 27 of the Constitution is not being upheld. Additionally, as noted in an ILO Recommendation, the right to collective bargaining prescribed in Article 28 of the Constitution should be extended to public servants as a matter of course. This is also imperative under Article 98-2 of the Constitution, which states that the international treaties concluded by Japan shall be strictly observed.
INOUE Kiichi (New Conservative Party)
>> The Commission should now be moving on to the summary stage. The summarization work should include deliberations on, for example: (a) such rights as environmental rights and privacy rights should be expressly stipulated; (b) the justification for the existence of the House of Councillors should be clarified; (c) Article 9 should be revised in accordance with the Japanese way of life; and (d) whether Japan should move toward the introduction of a wide-area government administrative system by expanding the powers of the basic units of local government.
>> Moreover, the Commission should now proceed with concrete discussions regarding such items as the nation's emergency management system, the role of political parties, the nature of the family, the constitutional court, and the procedures for constitutional revisions.
Other comments by members of parties and groups
[Local autonomy]
ITO Kosuke (Liberal Democratic Party)
>> In considering the ideal vision for Japan in the 21st century, it is important to re-examine the division of roles between the center and the local governments, including the question of which government should have jurisdiction over such issues as industrial waste, nuclear power generation, and airport construction.>> Municipal mergers are now in progress, but prior to this I think
that the division of roles between the central and local governments should
be deliberated considering the present population distribution and the
revenue sources issues, with a view toward introducing a do-shu system with a small number of provinces, and that such a framework needs
to be presented as "the vision of the nation."
SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)
>> I think the main issue for advancing decentralization is revenue sources, including the authority to impose taxes. In deliberating revenue sources, we need to recognize that this is a constitutional issue related to the sovereignty of the state and involving the proper structure for government mechanisms.
>> Some believe that the Constitution does not have to be revised
to develop and upgrade local governments' authority to impose taxes, but
considering Japan's legislative system whereby laws are prepared based
on constitutional provisions to realize these provisions in a concrete
form, I think that local governments' authority to impose taxes and the
other fundamental issues should be clearly stipulated in the Constitution.
NAKAGAWA Shoichi (Liberal Democratic Party)
>> The federal system has been adopted in foreign countries based on the history whereby small states entered into pacts to form larger states. However, I think that adopting a do-shu system in Japan would not be technically impossible.
>> In examining the further decentralization of government authority,
we first need to consider the concrete meaning of the abstract phrase "the
principle of local autonomy." I think that discussions concerning
the rights and obligations of local government bodies, beginning with the
authority to impose taxes, cannot advance to a deeper level until this
essential question is addressed.
NAKAGAWA Masaharu (Democratic Party of Japan and Club of Independents)
>> In deliberating the further decentralization of government authority, including the introduction of the do-shu system, we first need to clarify the power relations between the national and local governments as well as which items would fall under the jurisdictions of the basic units of local government and the do-shu respectively. Accordingly, I am opposed to introducing the do-shu system simply to integrate existing prefectures. I think we must first enact legislation restricting the powers of the central government.
>> I think we should examine the issue of the authority to impose
taxes by referring to the various examples in foreign countries and then
move on to discussing the concrete details of the system.
SUGIURA Seiken (Liberal Democratic Party)
>> Even now when democracy and capitalism are well developed, I think we need to consider the future "vision of the nation" by discussing the ideal structure for the basic units of local government and their roles based on the historical background whereby government authority was mostly implemented via the han (clans) during the Edo Era.
>> The present conditions, whereby local government bodies are not
given sufficient revenue sources, need to be improved so that the local
governments can take responsibility for conducting their work autonomously.
YAMAGUCHI Tomio (Japanese Communist Party)
>> We need to advance our discussions regarding local autonomy from diverse perspectives considering: (a) the present conditions and problem points; and (b) the meaning of constitutional principles that have been developed and expanded via constitutional movements.
>> While the phrase "the principle of local autonomy" is
abstract, it still indicates the direction for the division of roles between
the national and local governments, and for autonomy of local government
that is closely bound with local residents. I think that discussions of
the authority to impose taxes and of municipal mergers should proceed based
upon this.
KANEKO Tetsuo (Social Democratic Party)
>> In examining the meaning of the phrase "the principle of local autonomy," we first need to form a consensus regarding what items should fall under the jurisdiction of the basic units of local government. With the aging of society, social welfare is becoming a critical issue for local government bodies, so deliberations regarding municipal mergers should incorporate the perspective of implementing social welfare work, and not solely be based on the perspectives of government finances and scale.
>> We need to upgrade the citizens' referendum system for important
issues and to make it more effective to further develop and expand democracy,
and to promote citizen participation in local government.
NAKAGAWA Shoichi (Liberal Democratic Party)
>> I think we are now finding it necessary to re-examine the meaning of the phrase "the principle of local autonomy" because, as the present Constitution was enacted during the Occupation, the meaning of this phrase was not sufficiently debated at that time.
>> I think we should pursue concrete examinations of such issues
as the authority to impose taxes after we have discussed the meaning of
the phrase "the principle of local autonomy" and clarified the
ideal form of and direction for local government bodies through these discussions.
YAMAGUCHI Tomio (Japanese Communist Party)
>> We need to remember that local government assemblies were established
and their members elected prior to the enactment of the Constitution, and
that there is therefore no direct relationship of local governments to
the Constitution because of the way the Constitution was enacted during
the Occupation.
NAKAGAWA Shoichi (Liberal Democratic Party)
>> While that may have been the historical order of events, I think
that in practice the status of local autonomy was nonetheless advanced
as one aspect of the Occupation policies.
HANASHI Nobuyuki (Liberal Democratic Party)
>> Considering the present conditions whereby the discrepancies between
large cities and rural regions are too great, in addition to the basic
perspective regarding the ideal of local autonomy, I think we should also
consider the do-shu system from the perspective of national land policies to make the greatest
possible use of regional vitality and to improve living standards.
SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)
>> We need to recognize that the state is exerting domination over local regions under the present system whereby the central government supplements local government revenue sources. This reality, which contradicts local autonomy, is now emerging via the bankruptcy of central and local government finances, and therefore we do not have the luxury of engaging in a slow debate regarding regional autonomy.
>> With the advance of globalization, we are reaching the limits
of the system whereby the central government has unitary control over the
collection and distribution of tax resources. We need to stipulate the
authority of local governments to impose taxes, secure their own revenue
sources, and take responsibility for the social welfare of their citizens
and for improving their living standards in the Constitution and laws.
[Attitudes of members of each party or group to constitutional debate]
AKAMATSU Masao (New Komeito)
>> When the Research Commission on the Constitution was established,
both New Komeito and the Democratic Party of Japan decided to participate
under the general rubric of "constitutional debate" without first
indicating their respective stances toward revising the Constitution. At
a recent National Convention, New Komeito stipulated that it is adopting
an "additive approach" for constitutional revisions. I would
like to ask about consolidating efforts in the present stance of the Democratic
Party of Japan.
SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)
>> The Democratic Party of Japan's Research Committee on Constitution
issued a report this past July that notes the necessity of strengthening
cabinet leadership and of unifying the cabinet and the ruling party to
revise the present bureaucratic, centralized government authority system
and to effectively achieve democracy and the sovereignty of the people.
The Democratic Party of Japan has also announced its positive stance not
only toward new human rights but also toward guaranteeing human rights
in general by establishing a constitutional court and a human rights commission.
Furthermore, in the security sphere, we believe that Japan's role in the
international community and the issue of an exclusively defensive security
system should be considered separately. A wide variety of measures could
be adopted toward achieving these goals, including the revision of and
addition to individual articles of the Constitution and the establishment
of new provisions along with changes in fundamental ideas.
NAKAGAWA Masaharu (Democratic Party of Japan and Club of Independents)
>> Supplementing Deputy Chairman Sengoku's comments, the Democratic
Party of Japan deliberated its stance regarding the PKO, rear support and
other practical security issues, as well as the related constitutional
issues, one by one, including items where the Constitution may require
revisions and items where the interpretation of the constitution is sufficient,
and then issued this report.
[Emergency-response legislation]
AKAMATSU Masao (New Komeito)
>> New Komeito and the Social Democratic Party clearly expressed
their positions regarding the three emergency-response bills at the Subcommittee
on Fundamental and Organizational Role of Politics. Diet Members are now
working to revise these bills to gain the assent of each party. I would
like to know where the Democratic Party of Japan stands on this issue.
[Attitudes of members of each party or group to constitutional debate]
NAKAGAWA Shoichi (Liberal Democratic Party)
>> Concerning the basic stance toward the Constitution, I think we
should not take the position of strictly defending the existing Constitution
for its own sake, just to maintain the status quo. I also think that considering
global security issues such as multilateral security, U.S. hegemony and
PKO missions, there is a danger that the Constitution may be slowly chipped
away through responses to individual situations. Accordingly, I think we
need to debate which items should be stipulated in the Constitution, following
the German example of clearly stipulating the security duties of the state.
[Emergency-response legislation]
NAKAGAWA Masaharu (Democratic Party of Japan and Club of Independents)
>> The Democratic Party of Japan is opposed to the three emergency-response bills, primarily because (a) the bills assume an emergency under the Cold War structure, and do not address terrorism and subversive activities, and (b) the bills fail to include provisions specifically guaranteeing fundamental human rights during emergencies, and are not clear regarding how fundamental human rights will be guaranteed in the future.
>> In the security field, the United States is moving to form a new
world order centered on itself. I think Japan needs to determine what type
of international order should be formed.
AKAMATSU Masao (New Komeito)
>> I want to see extensive debate concerning the problem points that
the Democratic Party of Japan has noted, and I would like the Democratic
Party of Japan to positively promote its intra-party debate to achieve
a consensus.
NAKAYAMA Masaaki (Liberal Democratic Party)
>> The international situation is rapidly changing, as evidenced
by the conditions on the Korean Peninsula and the Iraq problem. I feel
frustrated that Japan is unable to respond sufficiently to these types
of changes. I think we must urgently progress to concrete discussions of
what types of articles should be incorporated into the Constitution.
[Educational issues]
YAMAUCHI Keiko (Social Democratic Party)
>> There is an ongoing debate about revising the Fundamental Law of Education, but the decline in academic abilities, absenteeism and other educational problems have not arisen because of problems in this law. Rather, the problems have arisen because the ideals expressed in the Fundamental Law of Education are not being put into practice.
>> I understand that a group of Koreans who reside in Japan have
filed a petition for redress of human rights violations with the Fukuoka
Prefecture Bar Association because the report cards at Fukuoka City primary
schools include marks grading the students for their "love of country"
and "self-awareness as Japanese." Also, a booklet stressing personal
obligations is being distributed at primary and middle schools nationwide.
Overall, the educational system is stressing the group over the individual.
Considering that prior to the World War II this type of education that
belittles the individual invited totalitarianism and led to violations
of fundamental human rights, I think that the Research Commission on the
Constitution needs to investigate the relationship between fundamental
human rights and the actual situation in schools.
NAKAGAWA Shoichi (Liberal Democratic Party)
>> I think there is no problem whatsoever with discussing "self-awareness
as Japanese" in deliberations on the Constitution and the educational
system.
YAMAUCHI Keiko (Social Democratic Party)
>> From the perspective of multi-cultural coexistence, viewing education
from the perspective of "Japan alone" is a mistake in and of
itself. In considering education for the 21st century, the perspective
of cooperating with the peoples of the world is essential.
[The constitutional status of the SDF, etc.]
SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)
>> I also believe that we must preserve peace and ensure that fundamental
human rights are guaranteed in actual practice. I would like to ask the
Social Democratic Party's Commission members about their party's position
regarding which contents of the Constitution should be defended, assuming
that the Constitution is to be defended. For example, during the [Social
Democratic Party led] Murayama Administration, the party accepted the constitutionality
of the Self-Defense Forces (SDF). Does the Social Democratic Party now
believe that a constitution which permits the existence of the SDF should
be defended?
YAMAUCHI Keiko (Social Democratic Party)
>> The Social Democratic Party believes that peace cannot be achieved
by force, and seeks a peace that is not dependent on force, a peace realized
via diplomacy. The status of the SDF has become distorted over a long period
of constitutional debate, and the main point is to work toward disarmament.
SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)
>> I agree with Ms. YAMAUCHI's opinion, but I would like to ask,
once again, about the Social Democratic Party's stance toward addressing
the constitutionality of the SDF. Does the party believe that our future
constitutional discussions should assume that the existence of the SDF
is permitted under the Constitution, or that we should shelve this issue
of the constitutionality of the SDF for the time being?
KANEKO Tetsuo (Social Democratic Party)
>> It is a fact that the Social Democratic Party accepted the constitutionality
of the SDF during the Murayama administration. The party itself is proceeding
with its discussions regarding the future of the SDF based on this assumption.
Specifically, we are examining the reorganization of the SDF and other
means to bring it closer to constitutional ideals, and although we are
not thinking of disbanding the SDF immediately, we are still working toward
the goal of making Japan a demilitarized state in the future.
YAMAUCHI Keiko (Social Democratic Party)
>> The Constitution of the UNESCO states: "That since wars begin
in the minds of men, it is in the minds of men that the defences of peace
must be constructed." I think we need to consider education based
on this spirit of the Constitution of the UNESCO.
NAKAYAMA Masaaki (Liberal Democratic Party)
>> The present international situation is extremely tense. There are real dangers within Asia, and there is even some possibility that Japanese territory could become a battleground. Given this situation, I think we need to urgently consider the best approach to national security under a new constitution.