12/27/2015

Japan v. Okinawa vol. 2

As a counteraction against lawsuit of national government for overtaking local policy decision in Okinawa, Government of Okinawa indicted Government of Japan on Friday, seeking unlawfulness of the suspension of power of Okinawan government. Governor Takeshi Onaga stepped into another legal struggle to protest building United States Marine Base in Henoko as an alternative facility of Futenma Air Base. It is highly unusual that national and local governments simultaneously file lawsuits against each other.

It was December 2013 when former governor Hirokazu Nakaima approved landfill in Henoko coastal area for building new base, overturning his campaign promise to oppose the project. Ten month after defeating Nakaima in a gubernatorial election with firm opposition to Henoko landfill, Onaga canceled Nakaima’s approval this October. Minister of Land, Infrastructure, Transport and Tourism, Keiichi Ishii, decided to suspend Onaga’s cancelation two weeks later and Government of Japan filed a lawsuit to seek administrative subrogation.

Onaga requested examination on the issue to Committee for Conflict Management between Natioal and Local Governments early November. The committee, consisted with scholars on law study, dismissed the request as inappropriate to deal with. Onaga took the next step, indicting national government, with disappointment to the conclusion of the committee, criticizing it as “regretful for denying committee’s own raison d’être.”

In the letter of complaint, Government of Okinawa argued that the status quo in Okinawa, in which American military bases were extremely concentrated, contradicted principle of local autonomy the Constitution of Japan guaranteed, and construction of the military base against general will of local people was violation of autonomy. It also criticized Ishii’s approval of the request from Okinawa Defense Bureau for suspension of Onaga’s decision to cancel landfill approval as inappropriate.


Onaga’s struggle in the court should be one of his actions for stopping the construction of military base by all means. Okinawa took a form of appeal lawsuit, which assumed dealing with appeals of private citizens to remove illegal use of administrative power. It is possible that the court does not accept the appeal from Okinawa. However, Okinawan government expects the court to issue an order for suspending the construction in Henoko at least until it makes a decision. The struggle between national and local government gets further complicated.

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