Diet enacts state secrets law despite widespread protests — The Asahi Shimbun

” The Upper House passed the highly contentious state secrets protection bill into law on Dec. 6, despite the paucity of debate and lack of safeguards on the designation process.

The ruling Liberal Democratic Party and its junior coalition partner, New Komeito, railroaded the legislation through the Upper House plenary meeting on Dec. 6 amid increasingly vehement protests from opposition parties and the public.

Prime Minister Shinzo Abe was conspicuously absent when the debate was heating up, an indication of his confidence that his party, together with New Komeito, has the requisite votes to clear it through the full Upper House.

During an Upper House special committee session on Dec. 5, Hiroo Ishii, an LDP lawmaker, submitted a motion after 4 p.m. to end discussion on the bill and call for a vote, over the shouts of opposition party members.

“It is typical of the ruling party’s arrogance,” yelled one opposition legislator. “It is tantamount to declaring that the opposition’s voice does not need to be heard,” said another.

Committee members from Your Party and the Japan Restoration Party left the meeting in protest before the vote, arguing the bill has yet to be debated fully.

Kazuo Shii, chief of the Japanese Communist Party, described the ruling coalition’s behavior as “tyrannical, arrogant and disorderly.”

The ruling coalition believed prolonging the Diet debate any longer could backfire, only fueling the mushrooming opposition to the bill, and lead to a further decline in approval ratings for Abe’s Cabinet and hold on power.

An Asahi Shimbun survey taken between Nov. 30-Dec. 1 showed the Cabinet’s approval rating at 49 percent, dipping below 50 percent for the first time since he took power in December 2012.

Officials in the Abe administration foresee the public eventually forgetting about the controversy, once the legislation is approved.

The bill, submitted to the Diet on Oct. 25, aims to tighten control of sensitive information in such areas as diplomacy, defense, anti-spying and antiterrorism as state secrets. Those found guilty of leaking the secrets could face up to 10 years in prison.

One of the most controversial points of the bill is that it allows bureaucrats and elected officials to arbitrarily widen their interpretations of what they deem to be state secrets.

And it has no definite mechanism for an independent panel to verify whether these designations are appropriate, although the government has announced plans to form a “third-party” body to oversee this process.

Critics say the bill seriously undermines the public’s right to know and freedom of information.

“The bill is of the bureaucrat, by the bureaucrat and for the bureaucrat to hide information,” said Banri Kaieda, president of the main opposition Democratic Party of Japan.

The LDP’s dominance of the two chambers of the Diet, along with New Komeito, is driving the governing parties’ high-handed approach to getting the bill passed during the current Diet session.

The ruling coalition rammed the bill through the Lower House on Nov. 26, after about 45 hours of discussion, which critics say is too short for such a weighty issue.

It snubbed the DPJ’s proposals to clarify the definition of state secrets, lighten the penalty for those found guilty of leaking secrets and for those who tried to elicit sensitive information.

The discussion at the Upper House special committee was even shorter, lasting only about 22 hours.

Abe attended one special committee meeting over the bill in each chamber, adding up to about four hours altogether.

When Kaieda accused him of not explaining the bill fully during the debate of party leaders on Dec. 4, Abe said, “I attended the special committee meeting this morning and answered questions.”

On the night of Dec. 5, when the Diet was plunged in turmoil after the ruling coalition forced the vote on the bill in the special committee earlier that day, the prime minister showed up at a barbecue restaurant in Tokyo’s Yotsuya district to attend a welcoming party for a new aide.

Abe, buoyed by his high approval ratings for his economic policies, set out to enact legislation aimed to spur the nation’s economic growth during the current Diet session.

Opposition to the state secrets bill, however, turned out to be fiercer than he had anticipated, forcing him to take a hard-line approach.

The government also has other important issues such as negotiations over the Trans-Pacific Partnership free trade agreement and compile budget proposals during the remainder of the year.

The Abe administration has approached the legislation from the outset in a hurried and overbearing manner, as well as being heavy-handed.

The administration released the outline of the bill on Sept. 3 and solicited comments from that day through Sept. 17, a period half as long as usually conducted on important legislation.

Seventy-seven percent of about 90,000 public comments received were opposed to the bill. ”


Japan’s upper house panel passes controversial secrecy bill, eyeing final vote Friday — Xinhua

” TOKYO, Dec. 5 (Xinhua) — A special Diet committee on Thursday approved a controversial state secrecy bill, with the ruling Liberal Democratic Party (LDP) coalition coming one step closer to having the bill enacted in the Upper House on Friday.

Deliberations in the committee meeting were heated, with opposition parties remaining staunchly opposed to the bill’s passage that will grant the government more authority to dish out tougher penalties to those leaking sensitive secrets pertaining to diplomacy, defense and the state’s involvement in counterterrorism and counterespionage activities.

In a bid to ease growing amounts of public and political opposition to the bill, Prime Minister Shinzo Abe said he would seek to establish two independent entities within the government to ensure the clear designation of what it determines to be a state secret, but the move has also been met with skepticism by opposition members.

With the main opposition Democratic Party of Japan (DPJ) poised to possibly file a censure motion against Masako Mori, state minister in charge of the bill, in a bid to prolong the vote to enable further deliberations beyond the end of the current Diet session on Friday, Abe maintained that the bill is vital to the legal jurisdiction of his newly-formed National Security Council ( NSC), which will provide Abe with more clout on issues of defense, inter-governmental information sharing and the sharing of sensitive issues with Japan’s allies such as the United States.

With opposition parties, professional lobbies and the public largely opposed to the bill, Chief Cabinet Secretary Yoshihide Suga tried to quell concerns in the committee meeting Thursday, stating that the two proposed entities charged with overseeing the designation and declassification of state secrets would work with a “high degree of independence.”

Abe previously told a parliamentary committee that one of the new independent advisory bodies within the government will be comprised of legal and media experts to determine the parameters of what can be called a “special secret,” how they will be handled and issues pertaining to their declassification.

The second entity, meanwhile, will be set up within the Cabinet Secretariat, Abe said, where senior ministers will verify the validity of the designation of special secrets by the prime minister, his Cabinet and other senior government officials.

“We are making preparations to ensure that the law will be enforced in an appropriate manner and the government will create a post to oversee the management and disposal of official documents that include special secrets,” Abe stated.

But with Suga in the upper house committee meeting urging the opposition to shift its stance on the issue, and ensure the bill’ s smooth passage into law through the chamber prior to the end of the current Diet session, DPJ leader Banri Kaieda questioned the integrity of the independent entities floated by Abe to ensure the public’s right to information, stating that these rights would be undermined by shadowy bureaucrats and the nation’s democratic ideals severely compromised.

Kaieda said that Japan needs “a third party, not a quasi-third party, system that can impose checks,” adding that the bill was ” created by bureaucrats so that the bureaucrats can hide information.”

The DPJ chief’s sentiments have been echoed by institutional organizations nationwide, spanning the media, publishing, legal and entertainment industries, with spokespeople collectively stating they are highly concerned about the bill granting the government too much autonomy over what it deems to be sensitive information and could gag sources from making pertinent information available to the public.

Prominent lawyers, journalists and film makers have voiced criticism of the bill, with highly revered animation maestro Hayao Miyazaki and Isao Takahata, uniting to create a group called the Committee to Oppose the State Secrets Protection Act.

“Reflecting on our seniors in the film world who were forced to support war against their wishes, the Japanese film world walked a new path in the post-war period in mortification and remorse,” the newly established group with close to 300 supports said in a statement.

The group is concerned that government blunders and coverups like those concerning the ongoing crisis at the Fukushima nuclear power plant, that have a direct bearing on the well-being of both Japanese and global citizens, could be further withheld from the public under the new secrecy law.

From a media perspective, the group said that along with other media outlets and journalists, freedom of expression could lead to severe repercussions for those deemed to be acting in contravention to a bill that remains abundantly vague.

Notable political pundits have also likened the new bill to Japan’s wartime secrecy maneuvers that allowed Japan’s Imperial Forces to act with impunity during World War II, beyond the scope of government and public scrutiny.

To this point, so outraged was opposition lawmaker Hirokazu Shiba in the committee meeting Thursday, that he rose from his seat and shouted “This is the way the reign of terror begins!” His fervor led to his fellow lawmakers having to physically restrain Shiba, as tensions in the meeting reached fever pitch.

Meanwhile, protests comprising more than 7,000 demonstrators continued around the Diet building, mobilized by civic groups, unions and concerned individuals, following similar scenes Wednesday that saw more than 6,000 anti-secrecy law opponents march around the Diet building hand-in-hand.

The public and opposition parties have also been incensed by the manner in which the ruling bloc steamrolled the bill through the lower house, despite calls for further debate and a in spite of a harsh public backlash that has caused Abe’s support rate to drop, as more than fifty percent of citizens polled here in a national survey recently stated they were opposed to the bill.

More than half of all Japanese citizens have stated that the law requires more debate, with 22 percent insisting the bill be withdrawn entirely, recent national surveys have shown. ”


Ministry continued promoting nuclear power right after Fukushima accident — The Asahi Shimbum

” The industry ministry began working to continue promoting nuclear power even immediately following the disastrous meltdowns at the Fukushima No. 1 nuclear power plant in March 2011, sources said.

The Asahi Shimbun has obtained a copy of the ministry’s confidential internal document titled, “Toward the Renaissance of Nuclear Energy,” which was compiled in late March 2011.

The report was written by a senior ministry official familiar with nuclear power facilities and distributed to its executives involved in designing the country’s energy policy, according to the sources.

The in-house document was used as a basis to determine the nation’s future nuclear policy in the aftermath of the disaster triggered by the Great East Japan Earthquake and tsunami on March 11, 2011, the sources said.

In the introduction, the ministry outlines the overall purpose of the report, saying “the stable supply of energy will be impossible without nuclear power,” and that “the government will announce its decision to maintain the nuclear promotion policy.”

The document also states in the introduction that Japan “will resuscitate nuclear energy, and rebuild the basis for promoting exports of infrastructure facilities,” indicating that the ministry would continue to advance nuclear power generation and further expand nuclear facilities exports.

Saying the success of nuclear power promotion would be the symbol of “the ministry’s revival,” the document gives the status of a key national policy to nuclear power advancement.

Regarding exports of nuclear plants, it promises that Japan “will analyze factors behind the current tragedy and share information with the world.”

Because the pro-nuclear Abe administration has said, “We will share our experience of the accident and lessons learned from the disaster with countries of the world,” the ministry’s report can be regarded as a prototype for Prime Minister Shinzo Abe’s nuclear policy.

The internal document consists of four chapters: emergent measures (to address the accident); declaration in an emergency situation; formation of a new nuclear watchdog agency; and the dismantlement of Tokyo Electric Power Co. and establishment of a new electricity supply business system.

Apparently, based on the report, the Nuclear Regulation Authority was established by the Democratic Party of Japan-led government.

The document also stipulates that nuclear plant operators would be allowed to bring their reactors back online when the reactors were deemed to meet new safety standards. All the nation’s 50 nuclear reactors have been taken offline in the aftermath of the Fukushima disaster.

The idea was likely used as a basis for the course taken by the Abe administration as well as the DPJ-led government, which said they would approve the restarts of nuclear facilities that pass a screening by the NRA.

The NRA is currently screening reactors across the country, including ones at TEPCO’s Kashiwazaki-Kariwa plant in Niigata Prefecture, to assess if they meet its new safety standards.

Meanwhile, the ruling coalition is working to pass a contentious state secrets protection bill through the current Diet session, which ends Dec. 6, promising stiff prison sentences for those handling information designated as “specified secrets” who leak them.

Under the bill, specified secrets will cover four areas: defense; diplomacy; prevention of spying and other harmful activities; and prevention of terrorism.

Documents and other materials related to nuclear promotion, including the industry ministry’s report that The Asahi Shimbun obtained, could be candidates to be classified as specified secrets if the bill becomes law.

If the bill is enacted, Japanese citizens may become unable to check the planning processes of government nuclear policies in the future. ”


**Japan’s new secrets bill threatens to muzzle the press and whistleblowers — The Daily Beast

An ominous new bill in Japan, on its way to becoming law, would give the government expanded powers to classify nearly anything as a secret and intimidate the press into silence.

The best way to deal with foul smelling things is to put a lid over them (臭いものに蓋をする)–Japanese proverb

The Japanese government, which already has a long history of cover-ups and opaqueness, is on its way to becoming even less open and transparent after the lower house the Diet, Japan’s parliament, passed the Designated Secrets Bill on Tuesday. With new powers to classify nearly anything as a state secret and harsh punishments for leakers that can easily be used to intimidate whistleblowers and stifle press freedom, many in Japan worry that the if the bill becomes law it will be only the first step towards even more severe erosions of freedom in the country.

The bill, which can criminalize investigative reporting of the government or its policies, still needs to pass the Diet’s upper house to become law and is meeting some last minute opposition on its way there. In politically complacent Japan, thousands of citizens took to the street in the last two weeks to protest the measure. Diet members are voicing disapproval and news organizations are standing opposed. Even cute Japanese celebrities have voiced their opposition, a sure sign that this is serious business in the land of the rising sun. Last week, the United Nations Office of the High Commissioner for Human Rights voiced their disapproval and concerns, noting the “the Secrets bill threatens transparency… (it) includes serious threats to whistle-blowers and even journalists reporting on secrets”.

With only 30% of the public supporting them, Prime Minister Shinzo Abe and the Liberal Democratic Party bloc pushed the legislation ostensibly to “ensure that Japan can share secrets with the US and other countries”. However, even politicians inside the ruling bloc are saying, “It can’t be denied that another purpose is to muzzle the press, shut up whistleblowers, and ensure that the nuclear disaster at Fukushima ceases to be an embarrassment before the Olympics.”

The Special Secrets Bill is based on a failed anti-spying bill proposed by Prime Minister Yasuhiro Nakasone (LDP) in the 1980s. Currently there are already several laws on the books that punish civil servants for leaking secret information obtained on the job. The new law would enact harsher punishment to leakers and ominously would allow journalists who obtained information by “inappropriate means” and whistleblowers to be jailed for up to ten years. The law would also allow the police to raid the offices of media organizations and seize evidence at their discretion.

Under the law government branches other than the defense ministry would have the power to designate information as state secrets. The bill has even grants no longer existent agencies the power to classify secrets.

The law names four categories of ‘special secrets’, which would be covered by protection – national security, diplomacy, counter-terrorism and counter-espionage. Yet, despite the bill’s enlargement of the state’s power over information, it contains no oversight process to act as a check on ministries and government agencies designating large amounts of information as ‘secret’ for capricious or self-interested reasons.

Under the new law, the Ministry of Financial Services could put a lid on the scandal of mega-banks loaning money to the yakuza, Japan’s mafia, by classifying their “business improvement orders” as matters of national security and making them state secrets. The SESC could declare the reasons for delisting a company from the stock exchange “classified” for similar reasons. This is not reassuring of those wishing to invest in the Japanese stock market, which has already been dogged by compliance and disclosure issues.

And most tellingly, Masako Mori, the Minister of Justice, has declared that nuclear related information will most likely be a designated secret. For the Abe administration this would be fantastic way to deal with the issue of tons of radiated water leaking from the Fukushima Daichi Nuclear Power Plant since the triple meltdown in March of 2011. There seems to be no end to stopping the toxic waste leaks there but the new legislation would allow the administration to plug the information leaks permanently.

As the radioactive water from Japan’s nuclear disaster continues to pour into the ocean and our food supply, it is an ominous sign that the Japanese government refuses to disclose information about the levels of pollution or timely information about the next nuclear accident. And security issues at Japan’s nuclear power plants being, which hold enough plutonium to make hundreds of atomic weapons, including reports that they’re manned by the yakuza, could also be hidden by under the guise of state secrets.

Before Japan was selected to host the 2020 Olympics, Prime Minister Abe spoke at the General Meeting of the International Olympic Committee, where he assured them, “The Fukushima nuclear accident is under control.” This was followed by revelations of large amounts of radioactive water leaking from the power plant, and the remaining water tanks emitting radiation levels so high that anyone working around them would be exposed to a lethal dose within hours. It made Abe look perfidious or clueless or both. He seems anxious not to lose face again.

Mizuho Fukushima, former leader of the Social Democratic Party, compared the bill to the pre-World War II Peace Maintenance Preservation Laws and other Secrecy laws at the time, remarking that there was a time in police-state Japan when the weather reports could be considered “secret.”

““Once you open the door to such kind of laws, the government will have the right to designate anything as a state secret and by speaking about it or mentioning it, you can be arrested and prosecuted.” Ms. Fukushima explained, “Especially during war time, it was very difficult for defendants and lawyers to fight their court cases, because they were not told what exactly what was the state secret that they had been accused of having revealed.”

Outspoken Upper House Councilor Taro Yamamoto, who is known to be a strong supporter of investigative journalism, minces no words: “The path that Japan is taking is the recreation of a fascist state. I strongly believe that this secrecy bill represents a planned coup d’état by a group of politicians and bureaucrats,” he warned.

While his statement may seem alarmist, even a senior official of the National Police Agency agrees. “I would say this is Abe’s attempt to make sure that his own shady issues aren’t brought to light, and a misuse of legislative power.

Ironically, In a country that worships cute celebrities, the first real reporting on the problems with the bill began in September, when Norika Fujiwara, an actress who is also the goodwill ambassador for the Japanese Red Cross, came out against the law on her blog. She indicated it would threaten freedom of speech and democracy itself and urged her fans to pressure the government to kill the bill. When a beautiful celebrity takes up arms against legislation in Japan, even the media takes notice. And after taking notice, they didn’t like what they found.

The Japan Newspaper Publishers & Editors Association, the Civil Broadcasters Federation, and most major news organizations in Japan’s have expressed staunch opposition to the bill. In a rare journey into the political arena, even The Foreign Correspondent’s Club of Japan, which includes both Japanese journalists and non-resident journalists, issued a strong protest against the bill on November 11th. The Japanese media, almost without exception、reported the details of the statement.

“We are alarmed by the text of the bill… relating to the potential targeting of journalists for prosecution and imprisonment. It is at the very heart of investigative journalism in open societies to uncover secrets and to inform the people about the activities of government. Such journalism is not a crime, but rather a crucial part of the checks-and-balances that go hand-in-hand with democracy. The current text of the bill seems to suggest that freedom of the press is no longer a constitutional right, but merely something for which government officials “must show sufficient consideration.” Moreover, the “Designated Secrets Bill” specifically warns journalists that they must not engage in “inappropriate methods” in conducting investigations of government policy. This appears to be a direct threat aimed at the media profession and is unacceptably open to wide interpretations in individual cases. Such vague language could be, in effect, a license for government officials to prosecute journalists almost as they please.”

If history does repeat itself, it would seem very likely that as Ms. Fukushima fears, Japan is about to take a giant step back into its oppressive past. When one also considers Prime Minister Abe’s stated ambition to restart Japan’s nuclear power plants and remove Article 9 from the constitution, the article which prevents Japan from waging war, it seems like the Empire of The Sun may be moving towards darker times. ”