Vice Ministers Involved in Amakudari

Ministry of Education, Culture, Sports, Science and Technology, or MEXT, released on Thursday the final report on its illegal recommendations of its officers to colleges or other private sectors, which was broadly known as amakudari in Japanese language. The report found that three Vice Ministers, the position which was on the top of bureaucratic pyramid in the ministry, had been involved in the parachuting of 62 retired or in-active bureaucrats. Guaranteeing reemployment after retirement, Japan is called the heaven for bureaucrats.

According to the report, MEXT started organized recommendation of the officers after revised National Public Service Act prohibited public workers in active to be involved in reemployment of bureaucrats in 2008. There were two routes for the recommendation. One was through a retired officer, named Kazuo Shimanuki, and another was coordination by former Director of Personnel Division, Yoko Fujie. The report proved that Shimanuki route was firstly established in 2008 and then, Personnel Division was involved in the system as early as 2010.

Shimanuki recommended MEXT officers to colleges or corporations, receiving information of reemployment from MEXT. Fujie coordinated reemployments of the officers in other Ministries: an officer with Ministry for Foreign Affairs to Tokyo University of Foreign Studies and another with Ministry of Economy, Trade and Industry to Niigata University.

The involvement of three Vice Ministers was surprising enough. Kiyoshi Shimizu was involved in two reemployments in 2011, including recommendation of a retired bureaucrat to Tamagawa University. Shin-ichi Yamanaka, currently the Ambassador to Bulgaria, dealt with four reemployments, including an offer of MEXT officer’s information to Kansei Gakuin University. Kihei Maekawa was involved in seven cases of recommendation to university or private company.

In the policy of university reforming, universities seriously need information of the policy coordinated by MEXT. That was why some universities accepted MEXT officers. It can be said that bureaucrats took advantage of those demands for their reemployment. There were illegal connections between MEXT and universities or other private sectors.

Ordinary businessmen in Japan have to research corporations to work for after their retirement by themselves. Bureaucrats in Japan possess too much information as experts in specific policy to eliminate amakudari. Disclosure of policy-making process would be crucial to let private sector independent on bureaucracy.

Cutting off Westinghouse

A long-time developer of nuclear energy in United States, Westinghouse Electric Company, filed for bankruptcy protection to New York Southern Bankruptcy Court on Wednesday. Its owner, Toshiba Corporation, is going to cover the provision for loss on guarantee, which will amount to ¥1 trillion. One of the greatest manufacturers in Japan takes final attempt to survive this crisis.

Toshiba obtained Westinghouse in 2006, when the world was in nuclear energy renaissance with great demand of energy in the argument over global warming. While Toshiba hoped to be one of the world biggest conglomerates in nuclear energy business, Westinghouse failed in procuring financial resource for building four nuclear power plants in U.S. Toshiba decided to retreat from nuclear energy business in foreign country by releasing Westinghouse.

To avoid further negative impact on the balance, Toshiba cuts Westinghouse off from main body. The deficit in the term ending this March will swell up from ¥390 billion to ¥1.01 trillion, marking new record in Japanese manufacturing exceeding Hitachi’s ¥787 billion in March 2009. “We hope to firmly shut the risk out as our first step to healthy management,” told Chief Executive Officer, Satoshi Tsunakawa, in his press conference.

Searching for necessary financial resource, Toshiba is selling its business on semi-conductor, which has been the main earner. It is supposed that some international companies filed for the bid by Wednesday. They possibly include Western Digital in U.S., some funds including Silver Lake Partners, or Hon Hai Precision Industry from Taiwan. Japanese government is concerning transfer of important technology to China or other Asian countries, hoping to maintain the partnership between Japan and U.S.

Westinghouse has been a top runner in development of electric technology, paralleled with General Electric. While it established the first commercial nuclear power plant in Shippingport, PA, in 1957, its nuclear business declined after severe accident in Three Mile Island in 1979. Toshiba was one of the two giants in home appliance, competing with Matsushita Electric Industrial Co. Ltd, or Panasonic. But, the ambition for international developer in nuclear power business precipitated the company into a crisis of bankruptcy.

Toshiba already sold its business on medical equipment to Canon. The managers hope to enhance its business through manufacturing of social infrastructure including elevator or railway. But, those businesses will not be the main earner, being limited to domestic contracts. Its survival is yet taken for granted.

Resumption without Positive Reason

It may allow resumption of power generation in nuclear reactors without any positive reason. Osaka High Court on Tuesday dismissed an appeal of the residents around Takahama Nuclear Power Plant in Fukui Prefecture to stop operation of Reactor #3 and #4, overturning previous decision in the lower court. Osaka Court recognized new regulation set by Nuclear Regulation Authority as rational based on contemporary science and technology. However, it ignored necessity to prevent disaster not expectable, which was the greatest lesson of East Japan Great Earthquake six years ago.

Takahama Nuclear Power Plant stopped its operation after catastrophe in First Fukushima Nuclear Power Plant. While Takahama Plant passed examination of NRA in February 2015, Fukui Regional Court dismissed the request from its owner, Kansai Electric Power Corporation, to resume operation in reactors #3 and #4. After Fukui Court admitted the resumption eight months later, Reactors #3 and #4 restarted their operation in January 2016. But, Reactor #4 experienced emergency stop and Otsu Regional Court ordered those two reactors halting their operation last March.

Otsu Court evaluated new safety standard of NRA as insufficient for people’s comfort, because the accident in Fukushima had not thoroughly been reviewed. It did not find enough safety requirement in the research of rifts underground and demanded Japanese government to make stricter regulation with necessity of proper evacuation plan. Otsu required complete safety to nuclear power plant.

Osaka High Court did not require KEPCO absolute safety in Takahama. The decision approved new regulation of NRA to have been made based on brand-new scientific and technological knowledge. Chief Judge, Ikuo Yamashita, recognized that relative safety was allowed when we would take advantage of scientific technology. He concluded that safety in Reactor #3 and #4 of Takahama could not be said as insufficient.

Being far different from former decisions on safety of nuclear power plant, the decision required the plaintiffs to prove insufficiency of safety measures. In other words, the Court approved any dangerous nuclear power plant to work, as long as it would not be proved to be unsafe. Although Tokyo Electric Power Company had been telling that nuclear power plant was absolutely safe, the reactors in First Fukushima Nuclear Power Plant was exploded, emitted huge amount of radiation and caused broad evacuation of a number of residents around. Relative safety will not guarantee no further severe accident in nuclear power plant.

One Year without Achievement

Democratic Party had one-year anniversary from its establishment on Monday. Integrated with some drifters in Japanese politics, the party renewed its name to obtain new supporters with hope for new politics a year ago. The fact is that the party could not obtain new supporters and supporting rate of DP has been declining. They have been unable to achieve their policy, blocked by huge power of the leading parties. Raison d’être as a political party matters.

Although it took a method of party integration with Restoration Party, which was separated between ultra-right and moderate conservative, Democratic Party was established as actually a new version of former leading party, Democratic Party of Japan. While its Japanese name had to be translated to Democratic Progressive Party, the party decided to have its English name close to its previous brand.

The party raised Renho for its leader a year ago. Having accumulated her career as a fashion model or TV talent, the lawmakers raised her as the symbol of DP in coming elections. She is well known in her active speech in the session of the Diet or in public appearance. However, one crucial weakness of her is not being accustomed to some important policies.

Difference on constitutional amendment was the fundamental problem from the beginning. While former members of Restoration Party upheld radical change of Constitution of Japan, some leftists in DP were firmly opposing any change of the provision. One compromised slogan is opposing constitutional amendment under Shinzo Abe administration. The people cannot realize whether the party will change the Constitution or not.

Former Minister for Foreign Affairs, Seiji Maehara, supports the argument of amending Article 9 of the Constitution, which is the symbolic provision for pacifist Japan. Deputy President of the party, Goshi Hosono, is going to publish an article on constitutional amendment for full subsidy in education, a policy which does not make sense as a reason for the amendment. Dubbed as not interested in constitutional issues, Renho made no effective attempt to settle the internal opposition.

DP’s supporting rate in a poll was 8.8% last week. It declined by 0.6 point from previous poll, in spite of serious scandal of Abe administration over the discount sales of state-owned land to an ultra-nationalist school corporation called Moritomo Gakuen. DP is even incompetent in scooping the frustration against Abe administration. Also having failed in raising a goal of no nuclear power plant in 2030, the leadership of Renho is questioned.

Retiring All Official Events

In the midst of discussion over abdication of Japanese Emperor, Emperor Akihito is willing to retire from official events including reception for the guest from foreign country. Prince Naruhito and his brother Fumihito have reportedly approved that idea of Akihito. Akihito is going to move to Togu Palace, where Naruhito currently lives, after retiring official events.

There has been an argument over Emperor’s abdication that dualism over the status as symbolic Emperor may cause confusion between current Emperor and retired one. If retired Emperor keep on attending official events after his abdication, he may be recognized as the representative of Imperial House, leaving incumbent Emperor behind. Realizing that possibility and to settle the argument, Akihito must have proposed the retirement from all the official events after abdication.

Emperor appears various official events. As a tradition of the nation with imperial system, Emperor welcomes state guest from foreign country at his Palace or Guest House, including official dinner. He also makes visit to foreign countries. Emperor and Empress host garden party in every spring and fall, inviting leaders in politics, economy, culture or other social activities.

He also visits everywhere in Japan to encourage the people who are working in maintenance of forests or sea resources. His visit the shelters of evacuees in suffered area from East Japan Great Earthquake and severe accident in First Fukushima Nuclear Power Plant in 2011 encouraged not only the sufferers, but every people living in Japan. After Imperial Japan experienced miserable defeat in World War II, the Emperor participates in the memorial ceremony for war victims in every August 15^th.

Constitution of Japan does not define those activities as “acts in matters of state” or activities of the state symbol. Emperors has been seeking ideal manner as the state symbol through those events in post-war Japan. Akihito seems to have thought that retired Emperor should be inconspicuous not to erode dignity of the Emperor on the throne.

Togu Palace is the place where Akihito lived for thirty-three years after the marriage with current Empress Michiko. While Togu has been publicly called Akasaka Palace, it will be called Sendo Palace as the house for previous retired Emperor has been called. New Emperor will leave Togu and move to Emperor’s Palace. Fumihito will stay in the official residence in Motoakasaka with treatment paralleled with Prince. In the paternal system of Imperial House of Japan, Fumihito’s son, Hisahito, is likely to succeed the throne in the future. That makes the status of next generation complicated.

Exploiting Anti-terrorist Measure for Oppression

Shinzo Abe administration submitted a bill of revised Organized Crime Punishment Law to the House of Representatives on Tuesday. The bill added new concept of crime of preparing terrorism, which would actually be paralleled with crime of conspiracy, to the legal system for the first time in post-war Japan. The government that oppressed innocent political enemies with suspect of anti-national ideology is sneaking into what the people are thinking in their mind once again.

Abe administration insists on the necessity of the legislation for ratifying United Nations Convention on Transnational Organized Crime 2000. “We need to lay a perfect posture to prevent organized crime including terrorism before Tokyo Olympic and Paralympics Games three years later. We hope the Diet to pass the bill as soon as possible,” told Chief Cabinet Secretary Yoshihide Suga.

The opposite parties are firmly protesting the bill. “The concept of crime of preparing terrorism in the bill makes no difference from crime of conspiracy. We will disturb the moves for getting into actual discussion on it or passing the bill,” told Chairman of Diet Affairs Committee in Democratic Party, Kazunori Yamanoi. The opposite parties are integrated for opposing the bill, designating it as the most controversial issue in this session.

The U.N. convention requires the parties to legislate an agreement of activating serious crime as a crime. Encouraged by the international trend of stricter prevention of terrorism, Japanese government submitted bills for creating crime of conspiracy three times between 2003 and 2005, all of which were turned down. The government tried to punish a group simply agreeing for crime. While the convention targeted terrorist groups, Japanese government focused on ordinary people in its own country.

The bill this time limited the target to terrorist group or other organized criminal group with actual and realistic plan of crime and with activity for preparation based on the plan. As seen, however, the target is not only terrorist, but “other organized criminal group,” which means that everyone can be included in the criminal, if the government did not like him or her. This kind of arbitrariness is always built in the laws in Japan to enhance state power over the people.

Japan Federation of Bar Association opposes the bill, arguing that current laws already cover necessary measures against terrorism. If Japanese government need higher security against terrorism, it would be better for them to look for the way to take good advantage of current laws.

Who Made Lie?

Prime Minister Shinzo Abe denied his wife’s involvement in the scandal over an educational corporation in Osaka, Moritomo Gakuen, in the discussion at Budget Committee in House of Councillors on Friday. While the head of Moritomo, Yasunori Kagoike, testified the day before that he had received facsimile from a staff in charge of First Lady Akie Abe or money directly from Akie, Prime Minister firmly denied the story. One of them has made lies.

Kagoike revealed that he received a staff in Prime Minister’s Official Residence, Saeko Tani, a piece of paper through facsimile in 2015, which included negative message against Kagoike’s request for a favor of Ministry of Finance on purchasing state-owned land in Osaka. In the committee, Abe explained that the staff made an official reference and sent the answer to a letter of request from Kagoike’s wife.

Kagoike actually got a discounted deal from MoF after he received the document, which also indicated continuous interest in the issue. One can imagine that MoF has made an offer to Kagoike in favor of Prime Minister’s wife or Prime Minister himself. “That was not an offer or false pressure, and she was not related to the purchase of land property or license for a new school,” insisted Abe. He must have said that, because he had boasted that he would step down as Prime Minister and lawmaker, if he or his wife had been involved in sales of state-owned land.

A lawmaker affiliated to Japan Communist Party, Akira Koike, thought the story strange. “Did a staff in charge of First Lady send a document related to selling of state-owned land without any order from First Lady? No way,” said Koike. Abe still insisted on Akie’s no relation to it. Koike also doubted the behavior of MoF, because the Ministry would not have answered, if it had been from ordinary people or the opposite party. Since it was a reference from First Lady’s staff, MoF might have made a detailed answer to Kagoike.

Abe also denied ¥1 million of donation from Akie to Kagoike, raising an e-mail message from Akie to Kagoike’s wife. “Have you handed me ¥1 million? I don’t know about it,” said Akie in the e-mail message after the scandal was made public. While Abe took it as an evidence of innocence, it could be interpreted as pressure on Kagoike to forget the donation.

The explanation that Akie’s staff sent a document as private activity does not make sense. The e-mail does not work for proving Akie’s no involvement in the donation. As the opposite parties request, the Diet needs to invite Akie to the summoning for thorough investigation on a scandal Prime Minister might have been involved in.

First Lady’s Involvement in Scandal

Each House of Councillors or Representatives had summoning on Yasunori Kagoike, the head of an educational corporation Moritomo Gakuen, over the scandal of discounted purchase of state-owned land on Thursday. In the testimony with possible heavy penalty on false statement, Kagoike made it clear that he received ¥1 million from Japan’s First Lady, Akie Abe, as donation from Prime Minister Shinzo Abe. He also revealed that a staff in Prime Minister’s Official Residence in charge of First Lady mediated the request from Kagoike for establishing new elementary school to Ministry of Finance. New facts further complicated the scandal of the ultra-nationalist in education.

Kagoike said that he requested Akie Abe to extend ten-year contract of fixed-term land leasehold for the state-owned land in Osaka in October 2015. He received an answer from a staff of Prime Minister’s Official Residence through facsimile next month. The answer was indicating that the extension would not be realistic, while the government would keep on being interested in that issue. It also indicated to compensate for removing debris in the land with budget of FY 2016. The land was sold to Moritomo Gakuen with discounted price for removing the debris.

Prime Minister Abe has told that he would step down as Prime Minister and a lawmaker, if he or his wife had been involved in false disposal of state-owned land. Chief Cabinet Secretary, Yoshihide Suga, disseminated a copy of the facsimile to the press and denied Akie’s involvement in the details of the dialogue between Kagoike and the staff. Abe did not comment on it on Thursday, reiterating that he had already explained it.

Kagoike unequivocally testified that he received donation from Abe in September 2015. “After ejecting her staff from the principal’s room, Abe handed me ¥1 million and explained it to be a donation from Shinzo Abe in an one-on-one situation. Because it was highly honorable for me, I can clearly remember that,” told Kagoike. He also revealed that he gave Akie ¥100 thousand as a reward for speech in his school. Akie denied that exchange of money with Kagoike in her Facebook account. If Kagoike had made a lie, he would be punished by law. Which one is telling truth?

Recognition over the money contradicts between Akie and Kagoike. The opposite parties doubted Akie and required invitation of Akie to the Diet for testimony. As the leading parties tried to finish the scandal with empty testimony of Kagoike, doubts are rather increasing with new evidences. Abe administration is shaken by the protest of ultra-nationalist who thought he was betrayed by politicians.

Working As a Liaison

Prime Minister Shinzo Abe made European tour this week. In a meeting in Hanover, Germany, he shared recognition of importance of free and open economy with German Chancellor Angela Merkel. Being proud of his status as the best friend of United States President Donald Trump in Group of Seven, Abe tried to work as Trump’s liaison with Europe. But he looked as a propitiator for volatile Europe.

Abe and Merkel agreed on a notion that it would be important for the value, integration and responsibility of G7 could not be shaken. In the meeting of Group of Twenty in Germany two days ago, the parties failed to wrap up their opinion over trade and dropped declaration against protectionism in the final document. It was because United States opposed that. Abe and Merkel reconfirmed the importance of free trade in the framework of G7, in which Japan participated as an only Asian nation.

What Abe insisted was firmness of the trilateral relationship. “It is important for Japan, Europe and United States to cooperate for solving regional and global problems,” told Abe in the meeting. Merkel was cynical on it. “In the time when we have to discuss free trade or value of democracy, Germany and Japan are creating the future without discussing such issues,” said Merkel in an event of information technology in Hanover.

Abe referred to the meeting with Trump last month to stress the standpoint of Japan to cooperate with U.S. for dealing with various issues. Merkel had a meeting with Trump last week, in which both leaders made different approach on trade. While Trump focused on fairness of trade, Merkel insisted on mutual interest through free trade. Although Abe tried to take a role as bridge between U.S. and Europe, it was unlikely for a Japanese leader to settle the dispute over free trade, in which Japan was also deeply interested.

Abe visited Brussels after Germany and had a meeting with the leaders of European Union on Tuesday. Both sides agreed on seeking early settlement of discussion for economic partnership agreement between Japan and E.U. Recognizing changes in Europe represented by Brexit or major elections coming, Abe hoped E.U. to maintain its integrity. But, United Kingdom is announcing its exit from E.U. next week.

In Rome, Abe encouraged Italian Prime Minister Paolo Gentiloni to deliver a message against protectionism in G7 Summit in Italy in May. In spite of Abe’s approach to Europe for free trade, it is likely that U.S. will be negative on anti-protectionism even in G7. Japan looks like lost between U.S. and Europe.

Russo-Japanese Different Dreams

The governments of Japan and Russia had a Ministers meeting on foreign affairs and defense, or two-plus-two, in Tokyo on Monday. It was the first time for them to meet again, since they established that framework in November 2013. While the Ministers agreed on cooperating in dealing with uncontrollable North Korea, they exchanged different opinion on militarization of Northern Territory of Japan.

Japanese Minister on Foreign Affairs, Fumio Kishida, evaluated the meeting as contributing to confidence-building in the relationship between Japan and Russia as a whole. “Promoting our relationship in every aspect will give a good impact on the negotiation over peace treaty,” stressed Kishida in his press conference. Russian Foreign Minister, Sergei Lavrov, told that they would be able to generate an environment to efficiently solve complicated issue, if further confidence would be made between them.

In the discussion between Foreign Ministers, both governments reconfirmed promotion of dialogue on actual menu or legal requirements for joint economic activities in Northern Territory, based on an official discussion a few days ago. But, Lavrov insisted that the two-plus-to was built not for solving problem on peace treaty, but for efficient coordination on security.

Japanese Minister of Defense, Tomomi Inada, protested Russian Minister of Defense, Sergey Shoygu, that Japan regretted Russia’s military enhancement in Northern Territory, emphasizing the principle that the islands were inherited territory of Japan. Explaining the enhancement as protecting Russia’s own land, Shoygu expressed his concern on missile defense system by Japan, United States and Republic of Korea, which might destroy strategic balance in Asia-Pacific region. Shoygu insisted on their plan of deploying new type of missile in the islands of Kunashiri and Etorofu, and did not make clear of possibility to introduce new division.

Both governments agreed on increasing the volume of travelers to Northern Territory for visiting cemeteries of Japanese ancestors. But, Lavrov demanded waiver of short visa for the travelers between the islands of Sakhalin and Hokkaido. While Russia focuses on further business deals with Japan, Japan is reluctant to expand economic relationship with Russia without any progress in the negotiation over peace treaty.

Japan became the first nation in Group of Seven to resume two-plus-two with Russia after Ukraine Crisis in 2014. Seeking a good deal in Northern Territory issue, Shinzo Abe administration keeps on approaching Russia with ambivalent willingness of economic cooperation. Abe hopes to make legacy in next meeting with Russian President, Vladimir Putin, in late April.

I Remember Nothing

Former Governor of Tokyo, Shintaro Ishihara, had a testimony in the special committee on the issue of relocation of Tsukiji Fish Market, or Article 100 Committee, on Monday. While he recognized his responsibility as the top leader on the decision of relocating the market to Toyosu, where pollution of the soil by old gas plant was detected, Ishihara reiterated that he did not have any memory about details of the project. The prolonged scandal has still not reach a final solution.

At the beginning of testimony, Ishihara reiterated his weakness of memory caused by cerebral infarction two years ago. “Regretful enough, I forgot every Japanese cursive syllabary. I have many things that I cannot remember,” told Ishihara in front of the members of Tokyo Metropolitan Assembly. The first summoning witness to former Governor in TMA was shortened from firstly planned three hours to one with consideration of Ishihara’s deteriorated health.

So, what was detected in that one-hour discussion? On the process of deciding relocation to Toyosu, Ishihara recognized his responsibility on it. “As the leader on the top of hierarchy of Tokyo Metropolitan Government, I decided it as a unanimous conclusion of the organization,” said Ishihara. He also explained that pollution of the soil could be settled, according to the report of my staffs.

One of the biggest questions in the scandal was how the government made the deal with Tokyo Gas Corporation, the owner of old gas plant in Toyosu. In the previous testimony of former Vice-governor, Takeo Hamauzu, it was revealed that Tokyo government offered secret deal on purchasing the land of Toyosu. That invited a doubt that Tokyo government had already realized the pollution.

Ishihara attributed the details of the deal to his staffs. “I left it to Hamauzu and received no report from him,” told Ishihara about the agreement in 2001, which made Hamauzu the negotiator on the deal and minimized responsibility of Tokyo Gas on the pollution. He also refused remembering what he had done on the decision of reducing payment of Tokyo Gas for decontamination from ¥33.8 billion to ¥7.8 billion at the time of purchasing the land property in Toyosu. There appeared no new fact why Tokyo government reduced the payment of Tokyo Gas.

Ishihara insisted that Toyosu was the best place for Tsukiji Market to go and accused incumbent Governor, Yuriko Koike, of her reluctance of the relocation. For Ishihara, responsibility of the details of relocation is on his staffs and of the scandal on Koike. As cunning Japanese politicians have been doing, Ishihara is escaping from his responsibility as the top leader.

Military Diary Had Been Kept

Newspapers in Japan reported that digital data of diary of Ground Self-defense Force troops in United Nations peace-keeping operation in South Sudan was kept as late as this January. Although Ministry of Defense once announced last December that the diary had been disposed, the nonexistent document reappeared. It is likely that the military organization made collective effort to conceal important document that was inconvenient to them. Civilian control matters.

As the principle of exclusively defensive posture, the Constitution of Japan prohibits Japanese Force to wage battle in foreign territory. Japan’s PKO in South Sudan was limited to the area where no battle was ongoing. But, it was revealed that those troops had diary which indicated occurrence of battles where they were stationed. If it had been true, Japan’s Self-defense Force had to have retreated from the operation.

Detecting some strangeness in the record of South Sudanese PKO, a journalist requested disclosure of military diary last September. Receiving the answer from the troops and Central Readiness Force that the diary had been scrapped, MoD decided not to disclose the diary last December. But, the diary was found in JCS office late December and the ministry disclosed it this February. Now, it is realized that the diary had been kept in Ground Self-defense Force, too.

The diary is ordinarily kept in “command system” of GSDF. Then, CRF officers in charge retrieve it and destroy soon. The development proved that the data had been kept until this January. A mysterious fact is why the diary does not exist now. Japan Broadcasting Corporation, or NHK, reported that the leaders of GSDF ordered to eliminate the data in February, when they realized that the diary had still been kept.

If GSDF had made organized effort to conceal or dismantle important data, Minister of Defense, Tomomi Inada, is highly responsible for it. Inada has told that GSDF did not have the diary at the time of disclosure request in the discussion of the Diet, contradicting currently developed facts. The opposite parties accuse Inada of her lack of leadership for civilian control and demand her resignation.

MoD decided to have a special inspection in the organization to find facts. Prime Minister Shinzo Abe is still protective toward Inada, whom Abe expects to be a future Prime Minister. However, Inada had no power as the top leader to obtain internal information about an important document on the operation in South Sudan, which had been highly controversial in terms of constitutionality. She is unfit for command.

Emergency Close Necessary?

Commission on the Constitution in House of Representatives held its first meeting in this ordinary session of the Diet on Thursday. Liberal Democratic Party argued that the Constitution would need a provision for extending the term of lawmakers in emergency such as social confusion caused by great earthquake. The opposite parties recognized the necessity of discussion on it, regardless their standpoints. LDP understood the move as a progress for constitutional amendment.

Article 54 of the Constitution determines that a general election of members of House of Representatives has to be held within 40 days from the date of dissolution and the Diet must be convoked within 30 days of the election. “When the House of Representatives is dissolved, the House of Councillors is closed at the same time. However, the Cabinet may in time of national emergency convoke the House of Councillors in emergency session,” adds the Constitution.

LDP is not satisfied with current provision for emergency. In Thursday meeting of Commission on the Constitution, Representative Yoko Kamikawa argued that the Constitution assumes emergency session of House of Councillors only for 70 days between dissolution and convocation of next session and useless for a great and prolonged disaster like East Japan Great Earthquake. Kamikawa also required discussion over whether concentration of power to Prime Minister in emergency would be needed.

Although it had been reluctant to discuss constitutional amendment, Democratic Party showed positive attitude for discussion on emergency clause. Former Chief Cabinet Secretary at the time of occurrence of East Japan Great Earthquake, Yukio Edano, realized necessity for considering extension of the term of lawmakers in emergency. But, he questioned legitimacy of lawmakers returning to their seat after dissolution. “To minimize that possibility, Prime Minister’s power for dissolution should be limited,” said Edano in the meeting.

The coalition partner of LDP, Komeito, argued that legislation for crisis control is already sufficient now and current Constitution would work for limiting power. Japan Communist Party strongly opposed emergency clause, recognizing it as encouraging state power for waging war or oppressing internal confusion. “Once we allow extension of terms of lawmakers, the administration will be able to survive as long as emergency is declared,” told JCP lawmaker, Seiken Akamine.

LDP is not making new provision for eternal life of Shinzo Abe administration, but simply wants to change the Constitution for the first time. The opposite parties do not have to join the discussion for the leading party’s political agenda.

Nuclear Disaster Was Predictable

Maebashi Regional Court on Friday ordered the Government of Japan and Tokyo Electric Power Company ¥38.55 million of payment to evacuees from Fukushima caused by the severe accident in First Fukushima Nuclear Power Plant in 2011. The court recognized the fault of TEPCO, neglecting necessary measures for possible severe damage on the plant caused by huge tsunami, and concluded that the accident could be avoided. It was the first court decision on a series of collective lawsuits of the evacuees in all over Japan.

The lawsuit in Maebashi was filed by 137 of evacuees from Fukushima to Gunma region, requiring ¥1.5 billion of compensation as a whole. TEPCO released a long-term estimation in 2002 that a great earthquake with magnitude 8 could be occurring along the Japan Deep in offshore Fukushima with 20% of possibility within coming 30 years. Chief Judge of Maebashi Regional Court, Michiko Hara, concluded that TEPCO could realize the danger of huge tsunami as soon as few months after it released the estimation, and had even predicted it in 2008 when it calculated possible height of tsunami.

Hara also accused TEPCO of its negligence of necessary safety measures, such as moving the switchboard to a higher place, and blamed the company that it had put priority not on safety but on economic efficiency. She realized the responsibility of the Government of Japan that it did not ordered TEPCO to take necessary measures after recognizing difficulty of voluntary action of the company.

The court calculated how much the accident violated evacuees’ “right for peaceful life.” The decision ordered the defendants to pay compensation within the range from ¥750 thousand to ¥3.5 million to each of 19 evacuees out of 76 leaving home in the evacuation ordered area and from ¥70 thousand to ¥730 thousand to each of 43 voluntary evacuees out of 61.

TEPCO has been arguing that it had been taking necessary safety measures as much as possible for years. The court decision denied them as insufficient. Although even the experts of geology did not have a common knowledge on likeliness of great tsunami, the court argued that prediction of nuclear accident had been strongly expected in Japan. It is obvious that TEPCO was incompetent in prevention of nuclear disaster.

The complaints of similar lawsuits were encouraged by the decision. The evacuees from Fukushima are suffering not only from invisible radiation, but from loss of home town, discrimination in the schools or local community, or uneasiness for their future. Salvaging of the sufferers of nuclear disaster is still at the beginning.

Twenty Years of Failure on North Korea

United States Secretary of State, Rex Tillerson, announced new U.S. foreign policy toward Northeast Asia in Tokyo on Thursday. In the meeting with Japanese Minister for Foreign Affairs, Fumio Kishida, Tillerson evaluated U.S. policy on North Korea to be twenty years of failure. It was unequivocal change from strategic patience, which Barack Obama administration maintained.

Tillerson made his first visit to Japan as Secretary of State on Wednesday and had meetings with Kishida and Prime Minister Shinzo Abe. In those meetings, Tillerson reconfirmed necessity of U.S. deterrence against Democratic People’s Republic of Korea repeating nuclear tests and missile launches, and of dealing with the issue in the trilateral framework including South Korea.

It was a joint press conference with Kishida when Tillerson made clear of the shift of U.S. foreign policy. “I think it’s important to recognize that the political and diplomatic efforts of the past twenty years to bring North Korea to the point of denuclearization have failed,” told Tillerson, requiring a different approach in the face of “ever-escalating threat.” “I told him my idea and we coordinated our policies. Japan and United States will form an integrated standpoint,” said Kishida.

North Korea has been accumulating improvements in these twenty years. Primitive technology for launching missiles has been updated to the extent of carrying ballistic missiles to Japan’s economic exclusive zone with mobile launcher. North Korea unequivocally announced that it was a drill of striking U.S. Force in Japan. It is estimated that D.P.R.K. is going to reach a level of having capability to strike mainland of U.S. with intercontinental ballistic missile within five to ten years.

Tillerson explained Abe that all the options against North Korea were on the table, which meant that U.S. would not rule out military option. Former Prime Minister Jun-ichiro Koizumi tried to persuade President George W. Bush not to take military option on North Korea. But, it is unclear whether Abe will take the same stance. While military collision in Korean Peninsula is a nightmare for Japan, Abe administration has been selling his policy of constitutional amendment with logic of necessary evacuation of the Japanese from the peninsula.

Tillerson also opposed any unilateral activities to weaken Japan’s administration on Senkaku Islands. It is regarded that Donald Trump administration accuses Obama as failed in stopping China’s advance in South China Sea in Operation Freedom of Navigation. While Japan expects U.S. presence in the region to contain China, however, Trump is trying to have deals in bilateral economic interdependence between U.S. and China.

GPS Investigation Dismissed

Supreme Court of Japan stood by human rights rather than state power. The Grand Bench of SCJ found on Wednesday that police investigation using global positioning system device without search warrant was illegal. Even how secret operation was needed for arresting a suspect, the Court denied the power of law enforcement to invade privacy. National Police Agency immediately issued an order to stop GPS investigation after the ruling.

The case was actually a trivial one. Osaka Prefectural Police was chasing a man in an age of 45, who had been repeating thefts in 2013. To watch the activities of him and his accomplices, the police secretly set GPS devices on their nineteen cars and motorbikes and obtained information of their location. The police did not obtained search warrant from judicial court for the operation.

Article 35 of Constitution of Japan determines that “the right of all persons to be secure in their homes and effects against entries, searches and seizures shall not be impaired except upon warrant issues for adequate cause.” Grand Bench realized crime investigation with GPS as “invasion of individual area by public authority through secret attaching of the device for continuous and comprehensive grasp of personal activities.” The Court recognized for the first time the right for not being invaded in individual area.

Criminal Procedure Code prohibits coercive investigation except in specific condition written in the code, which ordinarily requires police to obtain search warrant for investigation. “GPS investigation invades an important legal interest that is guaranteed by the Constitution and is considered as coercive investigation,” ruled the Grand Bench. The judges demanded new legislation, if GPS investigation was really needed.

With prevalence of new technology of crime, investigation of police is actually getting complicated. However, the police easily ignored human rights for privacy in searching criminals. The court warned public authority to expand its power too much.

The government of Japan has been expanding power for secret intrusion into privacy. Wiretapping was allowed with Wiretapping Law for dealing with organized crime in 1999. It is now making an attempt to include de facto crime of conspiracy in Organized Crime Punishment Law. State power keeps on swelling in the name of deterring organized crime or terrorism. The supreme judicial authority warned law enforcement organization ignoring rule of law, the value which Japanese government has been upholding in accusing authoritarian regime such as China.

Misunderstanding or Lying

Minister of Defense, Tomomi Inada, is grilled in the Diet over her statements proved to be untrue. While she explained it as caused by false memory of herself, the opposite parties accused her of concealing inconvenient facts. Inada is known as picked by Prime Minister Shinzo Abe for unusual promotion to Defense Minister and usual gaffs over the policies. Her ability is questioned now.

Inada has been doubted as having close relationship with the head of an educational Moritomo Gakuen Corporation, Yasunori Kagoike, who is in the scandal of discounted disposal of land property of national government in Osaka. In the discussion of Budget Committee in House of Councillors on Monday, Inada insisted that she had not met with Kagoike for over ten years, dismissing Kagoike’s testimony that Inada was a corporate lawyer for Moritomo Gakuen.

The statement of Inada changed over a night. A news report revealed that Inada was in the court for a civil suit as a lawyer representing Moritomo Gakuen. Inada admitted that she attended as a deputy of her husband, who was lawyer too, and pulled down her words a day before as misunderstanding of the fact. “Because I was suddenly asked in the Committee, I answered based on my memory,” told Inada.

If a Minister is allowed to make a statement based on personal memory and overturn it because of its inconvenience, any Minister can make lies to the nation for one’s personal interest. The opposite parties accused Inada of her false statement as betrayal against the Diet.

A lawmaker with Democratic Party, Yasue Funayama, labeled it as a lie, presenting the fact weeks ago. “You were asked the same thing to my colleague weeks ago and answered that you had not make any legal advice to Moritomo. Why didn’t you reconfirm the fact and did discuss based on your memory? Do you realize your statement false?” asked Funayama. Inada reiterated that she did not have any memory of advising Moritomo. There appeared evidence that Inada had a meeting with Kagoike a few years ago, contradicting her argument that she had not met him over ten years. The opposite parties demanded resignation of Inada.

Inada has been repeating false statements after sitting Minister of Defense. She denied a description of “battle” in an official diary of the troops to South Sudan, because she thought the wording was inappropriate in light of Article 9 of Constitution of Japan. She looked disrespectful to facts and tending to distort them for her political interest. Even some lawmakers in the leading party questioned careless statement of Inada.

Concluded in Special Law

The argument over new legislation for Emperor’s abdication in the Diet is going to be concluded in establishing special law only applied to Akihito. Democratic Party, that had been requiring permanent legislation, changed its position approaching to the idea of Liberal Democratic Party for early settlement. It is likely for both the leading and the opposite parties to make an agreement within this week and the bill will be submitted to the Diet as early as in May.

DP has been requiring amendment of Imperial House Law, which determines the way of succeeding throne. In case a temporary special law has to be established, the party assumes to include three conditions: the successor has come of age, intention of Emperor and resolution of Imperial Household Conference organized with the Imperial family, Prime Minister or Speakers of both Houses.

LDP considers including the bill a description of coming of age and condition for abdication such as Emperor’s aging or unanimous agreement of the nation. By adding Imperial House Law a grounding provision for the special legislation, LDP is coordinating the legislation to be integrated with the basic law for Imperial system. DP is recognizing the modification as equivalent to amendment of Imperial House Law.

In the annual convention of DP on Sunday, Secretary General Yoshihiko Noda insisted on cooperative approach on the issue. “We will sincerely deal with this issue for establishing legislation with overall consensus of all parties,” told Noda. The hardliners in the party, including former Minister of Environment Goshi Hosono, are following decision made by Noda. Japan Communist Party and Social Democratic Party are also reaching a compromise.

Conservative groups in LDP have been reluctant to let the special law be an example of abdication and erode dignity of Imperial system. Vice-President of LDP, Masahiko Komura tried to make a deal by indicating a possibility not excluding abdication of future Emperor. DP was satisfied with the deal made by their firm position for permanent legislation.

The Speakers of both Houses will send their conclusion for special law to the Cabinet led by Prime Minister Shinzo Abe as early as this Friday. The opinion of the Diet will be discussed in the experts’ conference for abdication and the conference will reach a conclusion in late April. However, there still remain some problems such as naming of retired Emperor or status of brother of new Emperor. It is still unclear whether the discussion will lead to stability of Imperial system.