An open hearing was held in Takamatsu City, Kagawa 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.
Subject of the Hearing: The Constitution of Japan (emergency situations [including security] and the Constitution, the governing structure [including local government bodies], and the guarantee of fundamental human rights).
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
- HIRAI Takuya (Liberal Democratic Party), member
- FURUKAWA Motohisa (Democratic Party of Japan and Club of Independents), Director
- ENDO Kazuyoshi (New Komeito), member
- TAKEYAMA Yuriko (Liberal Party), member
- HARUNA Naoaki (Japanese Communist Party), member
- KANEKO Tetsuo (Social Democratic Party), member
- YAMATANI Eriko (New Conservative Party), member
Speakers
- KUSANAGI Junichi, lawyer
- NEMOTO Hirotoshi, professor, Shikoku Gakuin University
- TAKAGI Kenichi, student
- NISHIHARA Kazuie, former junior high school social studies teacher
- SAKAGAMI Hatsuko, housewife
- KAGOSHIMA Hitoshi, associate professor, Faculty of Law, Kagawa University
Summary of the Chairman's opening comments
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
KUSANAGI Junichi
>> Maintaining peace requires the rule of law, which is orderly and backed by force. Japan's security should be guaranteed by a United Nations military force to be created in the future. Since this force does not yet exist, we should create a regional security structure in Northeast Asia as part of the process leading to the creation of a UN force.
>> If we are to build a regional security structure in Northeast Asia, Japan must share a common understanding of history with the people of other Asian nations and must gain recognition as a nonnuclear state that has renounced war. The threat from North Korea should be removed by normalizing diplomatic relations and concluding a treaty with Pyongyang. With regard to the nuclear question, while making the North Koreans give up their nuclear development program, Japan and South Korea should themselves get out from under the U.S. nuclear umbrella. Both the Korean Peninsula and Japan should be declared nuclear-free, and a "nuclear-free zone treaty" should be concluded, pledging the United States, Russia, and China not to use force.
>> Problems like environmental destruction and poverty can never be solved by force. Thus, the Japanese Constitution, with its commitment to pacifism, is a significant milestone in world history. It is Japan's task to make the spirit of the Constitution known and encourage its spread throughout the world, and I am opposed to any revision of Article 9.
NEMOTO Hirotoshi
>> Many revisions of the Constitution have been proposed since the 1990s. They can be characterized as follows: (a) provisions guaranteeing "new human rights" such as privacy, the right to know, and environmental rights; (b) provisions placing stronger restraints on human rights in the interest of the public welfare; (c) provisions strengthening the duties of the people; (d) revisions of Article 9.
>> The guarantee of human rights developed historically through several stages: the classical civil liberties, the guarantee of social rights, and the international guarantee of human rights. In recent years, through peaceful means such as global cooperation, efforts have been made to realize a number of rights that are essential for developing countries, including respect for the right of national self-determination, the right to development, the right to peace, the right to a healthy environment, and the right to food.
>> I believe that there is a mutually complementary relationship between domestic and international guarantees of human rights. That is to say, guaranteeing human rights at home leads to their international guarantee, and this in turn gives greater depth to the domestic guarantee.
>> I am doubtful about a tendency seen in proposals to revise the Constitution in recent years: they try to meet contemporary needs by guaranteeing "new human rights," while, at the same time, they restrict rights and strengthen duties, especially by amending Article 9. The way to guarantee "new human rights" is to embody them in concrete legislation, rather than prescribing them in the Constitution. Further, with regard to the question of limitation of human rights by the public welfare, the doctrine of unitary external restraints, which regards the public welfare as external to human rights, has been superseded as a theory. The accepted view today is the double standard doctrine, which requires that the standards for restrictions be consistent with the catalogue of human rights. Also, as Prof. HIGUCHI Yoichi has pointed out, Article 9 does not simply regulate military matters; it is a vital provision highly relevant to human rights in that it underpins the freedom to criticize.
>> The Preamble sets forth a concept of security, namely, that security
is ensured by creating relationships of trust among nations and among individuals.
TAKAGI Kenichi
>> Japan owes its postwar peace not to Article 9 but to the Japan-U.S. Security Treaty. Because the presence of U.S. forces in Japan poses a problem of compatibility with Article 9, we should revise the Constitution.
>> Okinawa bears a large burden, since about 70 percent of the U.S. bases in Japan are located there. As the present situation is giving rise to distrust of the Japan-U.S. security structure itself, we should take steps to reduce Okinawa's burden, for example, by moving as many bases as possible to the mainland.
>> No conclusion has been reached in the debate over whether the existence of the Self-Defense Forces is constitutional, and the government's interpretation, which holds that their existence is constitutional, is difficult for the Japanese people to understand. In light of public opinion, which considers the existence of the Self-Defense Forces essential, we should revise Article 9 and officially clarify the status of the Self-Defense Forces as an army.
>> The North Korean missile problem is a threat to Japan's security, but, with our hands tied by Article 9, it is doubtful whether we can protect the safety of the nation and the people. I believe we need to revise Article 9 and create a new security system for Japan.
>> The existing Constitution was drafted under the U.S. Occupation, and I believe it was not enacted of our own free will. Politicians and the public have long avoided discussing revision of the Constitution, but since a climate has recently developed in which such a debate is possible, I hope to see in-depth discussion of constitutional revision.
NISHIHARA Kazuie
>> The right to an education is an important right of the people, one reason for its importance being to prevent infringement of the right to equality due to lack of education. Receiving a solid education beginning in childhood enables the people to exercise their rights properly when they reach the age to participate in popular sovereignty.
>> However, the actual state of the schools is in violation of the Constitution. The cruel reality is that many children fall behind, and once they do so it is impossible for them to recover. This is due to the mistaken policies of the Ministry of Education, Science, Sports, and Technology that have shaped the education system.
>> Children's academic abilities are said to be declining, but this is due to the fact that the education system today demands only rote memorization of knowledge.
>> With regard to juvenile crime, I actually feel sorry for the young
offenders in many cases, because I believe that, unfortunately, they were
not taught the things that are important. If young dropouts are going to
get back on their feet, they need a group that will accept them warmly.
SAKAGAMI Hatsuko
>> As a premise for reviewing the Constitution, these words of Beate Sirota Gordon, who helped prepare the draft, are personally meaningful and moving to me: "We worked without eating or sleeping to create a country and a world free from poverty, inequality, and war."
>> However, the contradiction between the Constitution's provisions and the reality grows deeper year by year. A situation harmful to the national interest has arisen in the area of security because of the insistence on relying on interpretation of the Constitution. I believe that even if, for the time being, we rely on reinterpretation in order to address security and other areas that urgently need to be reexamined, in the long run it will be necessary to revise the Constitution.
>> Public opinion polls show that the case for revising the Constitution has gained wide popular acceptance. Forums to discuss the Constitution, such as this Commission, should be created on a planned and ongoing basis, in part to ensure a deeper understanding of the issues among the people, with whom sovereignty resides, and the people should reread the Constitution thoroughly from that standpoint.
>> In light of the trends of the times, we should try to bring domestic law into line with international treaties, in view of the importance of cooperating and acting in concert with the international community. To consolidate domestic legislation, I propose enacting a "Fundamental Law for State Security," which would postulate situations that threaten the nation's independence and the lives and property of its people, together with related contingencies, and which would include measures for international cooperation based on UN resolutions.
KAGOSHIMA Hitoshi
>> A series of municipal mergers known as the "great Heisei mergers" is currently under way. Even if mergers are necessary in some cases in view of fiscal problems and administrative capacity, I think that, at the same time, efforts must be made to realize effective self-government by residents.
>> I would like to make several comments from the viewpoint of realizing effective self-government by residents. (a) First, the phrase "the principle of local autonomy" in Article 92 is unclear. Establishing clear basic ideals or guiding principles of local autonomy may be even more essential than establishing self-government by local public entities or residents. (b) With a few exceptions, there are almost no concrete legislative provisions that make resident self-government a reality. (c) Opinion is divided as to whether direct or indirect democracy is better in local government.
>> I would also like to make several comments from the viewpoint of strengthening the basic units of local government. (a) The central and local governments have a relationship of equality, and laws and local ordinances should also be regarded, in principle, as rules with equal standing. In particular, I suggest that the relationship between laws and ordinances that is presently set out in the Local Autonomy Law could be included in the Constitution. (b) We should clearly stipulate the right of local governments to levy their own taxes. (c) Local governments should be granted the power to decide, within limits, what sort of administrative organization they wish to form. In light of these points, I believe the Constitution should be revised to make explicit provision for the ideals and general principles that are necessary for the development of local autonomy.
Main questions and comments to speakers
NAKAYAMA Taro, Head of Mission
(To all the speakers)
>> As Japan faces a declining birthrate and an aging society, the public is anxious about what will happen to social security, including medical care, pensions, and welfare, together with the taxes and social security contributions that support it. I would like to hear your views on the ideal form of social security in the future.
HIRAI Takuya (Liberal Democratic Party)
(To Mr. NISHIHARA)
>> The recent breakdown of social discipline, as seen in "classroom collapse" and the incidence of crimes by very young offenders, is traced by some observers to an education system that, against the background of Occupation policy immediately after the war, has rejected even the good values of the prewar era and placed the emphasis solely on individualism. I would like to hear your views on the form that education should take in the future, taking into account the report issued last March by the Central Council for Education, which calls for a review of the Fundamental Law of Education and cites "love of country," "public spirit," and "respect for tradition and culture" among the ideals which should be newly provided for in the law.
(To Prof. KAGOSHIMA)
>> In thinking about realizing effective local government, it seems to me that the meaning of "the principle of local autonomy" in the Constitution is ambiguous. Do you agree?
>> In some ways, the fiscal situation of local governments has been worsened by the former system of "agency-delegated tasks," in which local authorities carried out the work of the national government, and by their cooperation with the national government's economic stimulus measures. In my view, the fiscal reconstruction programs being pursued by local governments are inadequate and need to be reexamined; for example, even after a prefecture or municipality declares itself to be "under financial reconstruction," the status of its top officials remains unchanged. What are your views on these points?
(To Mr. KUSANAGI)
>> The debate over Article 9 is difficult for the public to follow. Moreover, whenever we have been forced by necessity in the areas of security and international cooperation, we have enacted the required legislation based on a "flexible" interpretation of Article 9, but there is a limit to this kind of response. After first clarifying our thinking on security and international cooperation, I believe that we should stipulate the right of self-defense, the status of the Self-Defense Forces, and Japan's contribution to the international community in the Constitution, which would then gain proper recognition by the international community. I would like to hear your views in this regard.
FURUKAWA Motohisa (Democratic Party of Japan and Club of Independents)
(To all speakers)
The Constitution is the nation's basic law, and it presents a vision for the nation. Thinking about our vision for Japan can tell us what sort of Constitution is appropriate. I would like to hear your views, in relation to your own fields of interest, as to what kind of nation we should aim to be.
ENDO Kazuyoshi (New Komeito)
(To Mr. KUSANAGI)
>> You advocate guaranteeing Japan's security by means of a UN force, but I question whether this is feasible. In concrete terms, by what route do you think a UN force will be realized? If such a route does exist, it will likely consist of the United Nations authorizing a multinational force as a "UN force." What are your views on this point?
(To Prof. NEMOTO)
>> You argued that the "new human rights" can be guaranteed adequately by legislation. But surely the rights now being discussed were not envisaged when the Constitution was enacted, and, accordingly, I think we should make explicit provision for them in the Constitution at the present time. What is your view of this?
(To Mr. TAKAGI)
>> You argued that the Constitution is divorced from reality in regard to the Japan- U.S. Security Treaty, and that we should therefore bring it into line with reality. Are there any other areas where you see a large discrepancy of this kind?
(To Mr. NISHIHARA)
>> You said that the problem is that the ideals of the Constitution have not been realized, and that, rather than revising the Constitution, we should put its ideals into practice. One could make a similar point regarding the question of reviewing the Fundamental Law of Education. The Law sets out ideals, but do you think that the important thing is to put these into practice?
(To Ms. SAKAGAMI)
>> You pointed out that the contradictions between the Constitution and reality are growing deeper. What aspect of Japan strikes you as the greatest contradiction?
(To Prof. KAGOSHIMA)
>> How do you view the direction taken in the "trinity reform" of local public finances, i.e., reducing national subsidies and local allocation tax to local governments, and, at the same time, transferring some tax revenue sources to local authorities?
TAKEYAMA Yuriko (Liberal Party)
(To Mr. KUSANAGI)
>> I would like to hear your views on the controversy over the North Korean ferry, the Man Gyong Bong, and the abduction issue.
(To Prof. NEMOTO)
>> What are your views about the right to know, freedom of the press, and the right of privacy?
(To Mr. TAKAGI)
>> You made a comment to the effect that Japan should become a "normal nation." What should form the axis of that "normal nation"?
(To Mr. NISHIHARA)
>> What do you think is the cause of the present problems in education?
(To Ms. SAKAGAMI)
>> What kind of environment do we need to create to solve the problem of the declining birthrate? Also, what are your views on allowing married couples to use different surnames?
(To Prof. KAGOSHIMA)
>> How should revenue sources for local governments be secured? Also, how should we secure residents' participation in local government?
HARUNA Naoaki (Japanese Communist Party)
(To Mr. KUSANAGI and Prof. NEMOTO)
>> Regarding the gap between the Constitution and reality, the question is whether to put the ideals of the Constitution into practice or revise the Constitution to bring it into line with reality. But I think that global realities are gradually moving in the direction indicated by the ideals of Article 9; for example, the great majority of the world's nations opposed the attack on Iraq, and the United States and Britain were unable to obtain the UN resolutions that they wanted. What are your views in this regard?
(To Mr. NISHIHARA)
>> What are your views of the emergency-response legislation and the new Special Measures Law for Iraq?
(To Prof. KAGOSHIMA)
>> As one reason why self-government by residents has not taken root, you suggested that the Constitution's provisions on local autonomy are too simple, but I disagree. In my view, even though the Constitution contains clear provisions for resident self-government, politics has prevented its realization. Would you like to comment?
KANEKO Tetsuo (Social Democratic Party)
(To Mr. KUSANAGI)
>> You commented that the "rule of law" is powerless unless it is backed by force. What do you think of the concept of protecting the nation, not by military force, but by spreading the ideals of the Peace Constitution?
(To Prof. NEMOTO)
>> During deliberations on the emergency-response legislation, provisions concerning respect for fundamental human rights were incorporated, but I doubt whether these will be any use in wartime. I would like to hear your views on this point.
(To Prof. KAGOSHIMA)
>> From the standpoint of local autonomy, how do you view the provisions for an executive proxy system in the emergency-response legislation?
(To Mr. TAKAGI)
>> You commented to the effect that even the United States is having difficulty in the fight against terrorism, and you recommended changing Japan's defense policy for this reason. But doesn't this demonstrate that not even the United States, the world's greatest military power, can find a military solution to terrorism? I believe that in the 21st century we must find a new approach, instead of trying to solve every problem by force. What are your views in this regard?
YAMATANI ERIKO (New Conservative Party)
(To Mr. KUSANAGI)
>> There have been various debates about the right to collective self-defense, but that right is set forth in Article 51 of the UN Charter. This did not cause any particular problem when Japan joined the United Nations, and the Japan-U.S. Security Treaty also has provisions predicated on Article 51 of the UN Charter. What are your views on this point?
(To Mr. TAKAGI)
>> Beginning with the International Peace Cooperation Law, legislation relating to security and international cooperation has been put in place. How do you view this series of legislative measures? And what are your views on the Preamble of the Constitution?
(To Prof. NEMOTO)
>> How do you view Articles 12, 13, 22, and 29, which provide for the guarantee of fundamental human rights and "the public welfare"? Also, a guide for teachers says, "Do not impose the idea that one must not have sex without love." What are your views on this kind of guideline?
(To Prof. KAGOSHIMA)
>> In the area of local autonomy, how do you think that the community, non-profit mutual benefit corporations, and NPOs should be situated with respect to self-government by local public entities and by residents?
(To Mr. NISHIHARA)
>> Recent statistics show that there are 4.5 million young people who prefer temporary part-time jobs to permanent employment, and 1 million who are socially withdrawn. In the light of Articles 26 and 27, what do you think of this current situation?
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.
TAKEUCHI Isao
>> The speakers' statements have encouraged me to do more to put the Constitution and the Fundamental Law of Education into practice.
>> The main reason why we have not been able to put Article 9 into practice in postwar Japan is that we have not made enough independent diplomatic efforts based on the ideals of the Constitution.
KATO Shigeaki
>> I ask you not to revise Article 9. I hope you will adopt the basic approach of exercising the right of self-defense by means of trust and diplomacy, not military force.
>> Under present conditions, North Korea lacks the capacity for a ground invasion of Japan, but if the North Koreans were to launch a missile at us, we do not have the technology to shoot it down. Viewed in this way, the emergency-response legislation, which is designed to deal with a ground invasion of Japan by North Korea, is unnecessary.
WATANABE Satoko
>> I entirely agree with the speaker who suggested that we are in the grip of an outdated view of the national interest. As long as we are in the grip of the old idea that our interests will suffer unless we follow the lead of the United States, I fear that we will lose sight of the true national interest.
>> With regard to the Iraq war, if Saddam Hussein could not be tolerated on humanitarian grounds, why was no effort made to find a solution by, for example, bringing him before the International Court of Justice? Worldwide military spending is estimated at 70 trillion yen, but even one-third of that amount would be enough to solve many global problems, including hunger and poverty.
>> Some people argue that insisting on the fact that Japan has a Peace Constitution means nothing to other countries. But it is no use merely displaying the Peace Constitution like a sacred object. We must take action in the spirit of the Peace Constitution; for example, Japan must provide leadership in the United Nations in such a way that it lives up to the ideals of the Constitution.
NAKAUCHI Teruhiko
>> Constitutionalism means conducting the affairs of state in accordance with the Constitution, and we should therefore conduct peace diplomacy in accordance with the pacifist principles set forth in the Constitution.
>> The Constitution of Japan does not belong to Japan alone. It is
the common property of the world, and we must take better care of it.