The requested article has expired, and is no longer available. Any related articles, and user comments are shown below.
© 2013 AFPJapan's secrecy bill condemned by Nobel academics
TOKYO©2024 GPlusMedia Inc.
The requested article has expired, and is no longer available. Any related articles, and user comments are shown below.
© 2013 AFP
48 Comments
Login to comment
hkitagawa
Now there will be more people seeking for asylum in Moscow.
homleand
jpn_guy
Thanks for your post. It definitely backed up what I was saying. A circulation of 8 million is roughly 6% of Japan's population, so even if every reader of that paper agreed with the editorial in question, we're still looking at a very small percentage of Japan's population.
Let's also keep in mind that the Asahi has a very clear conflict of interest with regards to this issue, enough of a conflict that the source has to be put into question. They perceive their business to be under threat, and thus resort to the sort of language usually reserved for easy scare tactics. Ultimately, however, their own words are what undermine their argument most:
The ruling party is the only coherent party in Japan.
So there's the oversight I keep hearing doesn't exist.
WWII ended 68 years ago. Any such comparisons are histrionic, to put it mildly.
toshiko
@Jean: Are you expecting Obama will speak on behalf of which side? He is too busy on his O bamacare problems in USA.
Jean ValJean
" Notice the headline stated that Nobel academics."
@toshiko, no kidding! Do you think a laureate shouldn't have an input?
Tiger_In_The_Hermitage
But the screcy bill was okayed by the Americans! So thats okay!
Dennis Bauer
I have to quickly join the NSADP (National Socialistic Abe Democratic Party) otherwise i will be in trouble! All my comments about Fukushima are illegal now :o!
kruz01
Slave of the state/emperor??????
Kobuta Chan
Let Government to do what Government has to do. I have no problems at all.
homleand
Yokoyamacho,
Here's the red herring I was waiting for. This is the first clear sign that someone is losing an argument (and badly) in a discussion concerning Japan - they accuse the other party of not living in Japan. After that will come something along the lines of, "You don't really understand the language."
So, let's try to stick to the issues, which exist in a space irrelevant to and removed from where you or I live, or what work either of us claims to do on the Internet
I think jpn_guy put it best, "[I]f the government go too far they may get voted out."
That's because this is democracy in action.
highball7
It is no secret that Japan is a massive leak hole since the inception of its alliance with US. The Russian, Chinese, Koreans and anyone which any sort of interest in US's involvement in Asia can easily get their info in Japan. Which made Japan a paradise for espionage. So naturally, enacting a law that plug the leaks should be encouraged.
However, through all these years, including the Cold War period which no such bill or law had been demanded by US or enacted by Japan, what makes NOW, and through a midnight compromise, as the appropriate time for such enactment?
And while I agree every state should have some degree to privacy and secrets, is there a mandatory timeline for Japan to release such info to the public, much like that of the US where given the passing of certain years, state secrets that will not jeopardize the national security of the nation must be released to the public. Is that such provisions involved? If not, then, such law is no different than a police state where the current holders of power can manipulate and abuse the provisions of such law to achieve their own political and economic gains without reciprocity.
Its a dangerous path Japan is heading because this is nothing like what we have in the states.
There's still such a weakness in the media and freedom of speech in Japan that when it comes to Japan's national security and conservative agendas, the media frequently yield to the gov't and the greater economic power behind the scenes without further reproach. Which unlike the US where the media will get to the bottom of all matters, which often times go against the wishes of the gov't and even national security issues, Japan does not have such balances of powers. That makes this secrecy bill much more potent and destructive.
mlg4035
@genjuro - You voiced my current situation perfectly!
Please stop the world, I want to get off...
genjuro
Between this secrecy bill and the police state that the U.S. is slowly becoming, for American expats it's become a matter of choosing the lesser evil on deciding whether to stay or move back to the states. Tough call.
Masaki Miyamoto
Selection of the Japanese government and the Liberal Democratic Party is right. Don't pass the secrecy of the U.S. Forces to communist influence. This law is required for present Japan.
Raven Bo
Evil power want to use TPP to ripoff japan's utilities and other wealth.
SenseNotSoCommon
Thanks, jpn_guy
Japan's conviction rate of >99% is another reason to be very afraid of this new law:
http://www.bbc.co.uk/news/magazine-20810572
smithinjapan
More proof that Japan has never learned from it's past -- or at least its "leaders" have not. Ishiba calls anyone who protests the government going against the people as terrorists, now they can legally be detained as such. These historians and Nobel Prize winners who are rightly decrying the new law had better be careful -- they just might disappear.
smithinjapan
Heil Abe and co! Surely these people who protest that fact and his new Dictatorship know that they can be thrown in jail as 'terrorists'. I'm glad to see them stand up, and especially people of such esteem, but now they have to actually be careful about doing so.
toshiko: (re: Ishiba) "...he is busy to get rid of Abe to become next PM. He is enjoying Abe bashers all over so he knows Abe basher wll not bash hm thus he talk about terrorists and enjoy Abe is blamed for his big mouth."
Sadly, I think you are correct in this. The comments DID hurt him somewhat, though.
Moderator: It is offensive for you to liken Abe (or anyone) to Hitler. It shows a complete lack of understanding of history on your part.
toshiko
Shigeru Ishiba lost PM selection against Abe. He is a military geek. Abe won PM so he became LDP kanjicho. He used to be Minister of Defence in Fukuda Cabinet. He expertise in weapon system and he is busy to get rid of Abe to become next PM. He is enjoying Abe bashers all over so he knows Abe basher wll not bash hm thus he talk about terrorists and enjoy Abe is blamed for his big mouth. .
smithinjapan
Abe is the new Hitler. Surely these people who protest that fact and his new Dictatorship know that they can be thrown in jail as 'terrorists'. I'm glad to see them stand up, and especially people of such esteem, but now they have to actually be careful about doing so.
toshiko
Making media as JP Gvmt enemies! Media usually do thier jobs by reporting fact and they don;t behave like they prosecdute or they release from crimes. They stick to credible information, Why JP Govt want more secrecy? Do they have same secrecy like Takeshita resegnation reason? Are they familiar with latest wiretapping technology to nose Govet employees' computer flash memories? maybe they will confisticate flash memory and jail them for 10 years? The taperecording era was over many years ago. Maybe they don;t want public knows how many mekakes they have. Other things are already secret, Himitsu and himitsu already.
Yokoyamacho
It sounds like some of you don't live in Japan, especially the "[s]everal other posters [who] have noted (albeit anecdotally) that they see or hear no one speaking out against the law. This seems a pretty clear sign that the law is not perceived as any sort of threat to democracy."
In fact, there have been editorials against the bill throughout the past month in the leading daily newspapers, there have been DAILY protests about the bill for at least 2 weeks prior to passage of the bill (I myself participated in one of the larger ones), and something like 2,000 academics -- including constitutional law scholars, media law scholars and others -- have presented petitions against the bill. So has the Japan Federation of Bar Associations, the leading lawyers' organization in the country. All of them complain of how it is a threat to democracy, and some even bring up how it will return Japan to the 1930s police state.
As for this law being "what the voters want," nothing permits that inference. Opinion polls are against the bill. The LDP and New Komeito together had only 42% of the votes cast in the 2012 Lower House election, but because of the peculiarities of the proportional representation system -- whose mathematics are entirely under the Diet's control, not the voters' or an independent authority's -- they got 66.4% of the seats. In terms of the percentage of eligible voters, this was about 25% of the electorate. Before you blame citizens for their own apathy, reflect that in order to run for Diet here, you have to put up $30,000 and quit your job. Compare that to $100 if you want to run for Congress from Maryland, or about $1,700 from California, or £750 (about $1,200) if you want to run for Parliament in the UK. Only rich people can run -- there aren't any Jimmy Stewarts in the Diet (unless they're like Jimmy Stewart the rich actor, instead of the characters he played).
As for reading the constitution (Kempou), nice try, but the Japan Supreme Court doesn't do that. The Kempou states that any law or act of the State that is unconstitutional is invalid -- but the Supremes have declared 10 elections unconstitutional (because of flaws in the election law) without invalidating them. The 2012 election that brought Abe into power was even worse, because the election law hadn't been changed since the previous time it was ruled unconstitutional, but the Supremes let that one stand, too. Moreover, the Supremes have always upheld limitations on human rights enacted by the Diet.
I teach in a law faculty in Tokyo. I was pointing out to my students that due to the vagueness of the secrets law, the arrest of political dissidents could be designated as secrets for "anti-terrorism" reasons (or one of the additional reasons that the law leaves "TBD"), meaning that if you disappeared the police could stonewall your family and friends. This is of course what happened in Latin America during the 1970s. I thought I was extrapolating when I taught this, but a few days later, the #2 guy in the LDP, Ishiba Shigeru, wrote on his blog that demonstrating against the anti-secrecy law was terrorist activity.
Anyone who says that calling this bill a threat to democracy is histrionic is 180 degrees mistaken.
Crikey
Homeland, I cannot argue that the LDP won the last election and therefore they are the current Government. Where I do have an issue is that in campaigning in late 2012 we heard plenty about what is now called Abenomics and the Three Pillars. In fact they couldn`t tell us enough information on that.
If my memory serves, we did NOT hear anything about a new secrecy bill. Because the LDP knows that, even in a relatively obedient democracy like Japan, this is still a very sensitive subject. And a public discussion would not have helped the LDP into power. So is this secrecy law the result of a democratic process? I would say no. Legal, yes; democratic, no. It`s been crashed through in to law in 4 weeks. Not enough public engagement, no clarifty on safeguards, supervision etc etc. Its a bad law.
Jimizo
@Dukeleto
This is typical. Handbags at ten paces in the Diet, a few ( too few ) citizens who actually care and tell Japan to wake up and the vast majority of the population not aware or bothered. I've been here too long to have sympathy for docility, passivity and a willingness to be treated like children. A lost cause.
toshiko
Jean ValJeanDEC. 08, 2013 - 11:27AM JST wrote I'm certain that Nobel laureate Obama supports the bi l. ..................................................................................
Notice the headline stated that Nobel academics. Obama received Peace Prize. Masakawa received Physics Shirakawa received Chemistry, They received for their Academis contribution, not Obama - he just received Peace Prize (not academic)/
zenkan
"That problem is exacerbated by a relatively weak institutional press." -- a very telling line, in many respects.
Xeno23
Can anyone tell me: does the information need to be designated a state secret before it is leaked or released? This makes a huge difference. If information made public can be designated a state secret after it is released, then the problem is even bigger than many fear...
Jean ValJean
I'm certain that Nobel laureate Obama supports the bill.
Tess de la Serna
To divulge a state security information to another state is treason. But to have a bill that takes away the citizen's democratic rights is another. Japanese or not, this should not be allowed. Though, on the surface, this issue in Japan is not the same as the heated issue in United States, the right to bear arm. In a way, it is. Both takes away a citizen's democratic rights. For more than twenty years, I grew under a martial law. I could not help see telltale of repression in both countries, going to happen, if people would not stand up for their inherent rights.
successinjapan@gmail.com
The seeds' of war and repression have been sowed. These ares not the words of a histrionic liberal, but rather a man of Jewish heritage who has seen such "low-key, innocuous" acts in the name of protection of freedom and the homeland go genocidally awry in the dark past.
Japan being essentially a one-party state like China for the last 65 years(or much more) has leaders resorting to the same shenanigans of yore: What you can't have (economic prosperity) through peaceful means becomes a pretense for creating phantom enemies. War - and the endless preparation thereof) - is good business not just for the zaibatsu forces but for the real enforcer and big brother, the good ol' USA.
Taking away liberties is not usually an overnight process. The artful-and-designing LDP has de-fanged all political opposition and now they will muzzle them totally with this new law.
There may be legal responses to this Abe power play (see below), but the legal system has - until this point - been just a rubber-stamp, wimpy estate for nuclear energy, rampant corruption, and illegal acts shirked off as inevitable.
Here is the silver lining in attacking this horrible law in higher courts:
Article 16. Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.
Article 17. Every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official.
Let's hope that a miracle happens: The legal system will give The People a chance to level the playing field against the boorish LDP and their war-mongering, liberty-threatening policies.
hkitagawa
Now they are in the right path to open a branch of Pentagon.
homleand
Crikey, I didn't say directly that I have faith i the good intentions of government. I was pointing out that this was a democratic process, and it appears to be what the voters want. Several other posters have noted (albeit anecdotally) that they see or hear no one speaking out against the law. This seems a pretty clear sign that the law is not perceived as any sort of threat to democracy. If the voters think it is, next time they will elect a party who promises to repeal the law.
jpn_guy, thank you for your response. I agree that there is uneven application of the law in Japan. Do I think it is considerably worse than in other similar nations? No. I'm not saying two rights make a wrong, but the simple fact is that injustice exists everywhere, and Japan is not at the top of some list of tyrannical states. Lenient treatment of those connected to authority goes on throughout the developed world. I've seen no math proving Japan is beyond one standard deviation in this regard.
It does not scare me personally that a department head at the police station can designate state secrets. I don't think it's a good idea, but I certainly have no reason to be afraid of this myself. In time an overview process will be put in place and the law will be amended, most likely through ministerial "administrative guidance," to reflect usage in practice.
I do think some of your examples stretch credibility, and if I had the time at hand I would proffer better ones to help you make a more solid argument. The Greenpeace case, in particular, does not pass the smell test as being some sort of injustice for anyone familiar with the case.
Please do, as this is the only way to clearly demonstrate the argument being put forth.
Just so we're clear: Are you implying that judges are told who to let off easy and who to throw the book at? Is it implied that judges have an unspoken understanding not to hand down severe punishments to people with a certain net value? If so, could you explain how the mechanism behind this works, and when and how judges might receive such training or messages? And, how might this be different from, say, the case of Sir Fred Goodwin?
tmtmsnb
Japan's secrecy bill condemned by Nobel academics, also Red China.
Louis Tan
The Japanese are deaf and blind and refuse to do anything that makes it impossible for them to face facts and history. Therefore the Fukushima nuclear reactor crisis. Even as the situation worsens by the day not even a whimper until it became more disastrous and unavoidable to report on it and ask for help. The Nanjing Massacre where many Chinese innocent men, women and children were raped and mercilessly and unnecessarily killed. Just change the history books and glorify Japan's right to invade China, Korea, Southeast Asia and to kill. The bombing of Pearl Harbour while lying to the Americans that Japan wanted peace. The circle is now complete. The secret law will guarantee that all news and announcements from the Japanese Government will be lies and untruths as the truth and reality will forever be hidden. The Shinzo Abe Devil has succeeded for now. No more nuclear reactor disasters, no more earthquakes and tsunamis, no ground war radiation, no dumping of radiated water into the Pacific. Abe and the Emperor are consumming Fukushima rice and sake. Abe's failing economic policies are succeeding. Nothing that comes out from Japan from now on should be believed since lies are characteristic of Abe's government.
SenseNotSoCommon
Dukeleto,
The rest of the Japanese nation are subject to a lingering communitarianism that now amounts to little more than preserving a nebulous notion of 'harmony'.
Alas, that 'harmony' has evolved to mean not questioning business and their public sector lackeys (with such audacious, nonconformist concepts as consumer advocacy, for example).
It is OK to open your neighbor's garbage and bully them over it, while remaining silent on the bosozoku who roar through your streets.
Japanese people are angry - very angry. Unfortunately 'Wa' is now so warped that they have precious little that they can actually (safely) vent over.
ViennaSausage2
A democracy gets a government. It deserves. There is no true outrage in Japan. No university students care...Few salarymen (whom I know) no much about it. The only people that appear to car are academic types and older people that know are aware of the true nature of Japan.
chucky3176
They want to cover up the nuclear disaster even further, and take Japan back to militarism based on nationalism.
Dukeleto
I see a few academics doing something and speaking out directly but where are the rest of the Japanese nation? Are they not incensed by this bill or don't they realise or care? Or worse still, happy with it???
powershallfall
You'd think commies would be the ones more prone to punishing whistleblowers.
globalwatcher
powershallfallDec. 08, 2013 - 08:35AM JST
Only commies believe that.
powershallfall
Someone ought to tell Japan that Westernization isn't cool anymore.
Crikey
Homeland, I am afraid your faith in the good intentions of Government is misplaced. If Assange and Snowden have taught us anything, it is that whatever nasty stuff you imagine Government might be doing, they WILL be be doing it - only 10 times worse.
ex-japan-visitor
The law was just passed. Give it time homleand. Your wished dictatorship might just sprout within Japan's borders.
homleand
BertieWooster, That the Japanese government, or any other government on the planet, has something to hide is not news. To say this is a threat to democracy strikes me as a bit histrionic. Elections are not being stopped. No one is being sent to the gulag. In fact, the recent protests demonstrate that the opposite is in fact true; peaceful protests, essential to any functioning democracy, have taken place and given that small group of malcontents an outlet for the frustrations they have with their personal lives by allowing them to swing metaphorical swords at windmills. Meanwhile, the government is doing the job it was elected to do, protecting the citizens of its nation from all threats, foreign or domestic.
To say there have not been leaks in Japan misses the point. First, because there have been leaks, and second, because past performance is not an indicator of future success. Japan is taking the steps necessary to defend the methods by which it protects and defends the very democracy that allows this bill to be passed. This is what the Japanese people voted for. This is what the Japanese people wanted. If you have a beef, it seems as though it should be with the electorate, and not with the government, who made it clear before elections that this was on their agenda.
BertieWooster
They are right.
This is the largest threat to democracy in 70 years.
Abe is taking this country back to the fascism of the pre WWII Japan.
Logic doesn't come into it.
There is no reason for it.
It's not as if there have been ANY leaks like Snowden, Mannings, et al.
I think there should be.
With all this emphasis on secrets, someone sure has something to hide!