Not Hearing Argument of Okinawa

Second Petty Bench of Supreme Court announced on Monday that it would pass a sentence on the case in which Government of Japan indicted Governor of Okinawa, Takeshi Onaga, of his cancelation of approval for landfill in Henoko area to construct new base for United States Force. It meant victory of national government in the struggle over the landfill, because the bench would not hear the argument against previous decision of the lower court that dismissed protest of Okinawa. However, Onaga is going to show another card to disturb building new base in Henoko.

Naha Branch of Fukuoka High Court decided in September that a governor needed to follow a decision of national government on national defense or diplomacy as long as it would not be recognized as irrational. Wholly applying the opinion of national government that the alternative place for closing Futenma Air Base cannot be found except Henoko, the court thought that the burden on the people, such as noise or danger of aircrafts, in Okinawa would be reduced with replacing to Henoko.

Okinawa was disappointed and appealed to the Supreme Court. Government of Okinawa thought that the replacement would violate autonomy of Okinawa, which was guaranteed in Constitution of Japan, by solidifying burden of U.S. military bases. Okinawan government criticized the logic of Naha Branch that ignored the burden on Okinawa with reasoning: Because the size of base becomes smaller, it would not violate autonomy.

Okinawa immediately responded to the announcement of Supreme Court. “As we have been requesting thorough investigation on this issue, the decision of not having hearing was regrettable. Although we will follow the decision, I’m going to maintain my conviction of not allowing new base in Henoko,” told Onaga. One of the protestors in Okinawa told that the watchdog of constitution had died, frustrated with the decision of Supreme Court.

This does not mean the end of struggle between Tokyo and Okinawa. Okinawan government recognizes several ways to protest the replacement to Henoko. For an example, the governor can dismiss renewal of an approval on breaking reefs in Henoko, which will be expired next March. But, Ministry of Defense is willing to resume construction in Henoko early next year.

The attitude of Supreme Court can be questionable. Okinawa requested a decision in light of Constitution of Japan. Supreme Court is designed to be the only court that makes decision on the constitution. This issue is a typical argument over the constitution that deals with opposition between autonomy and central power. An argument in Okinawa that Supreme Court is powerless, because the executive branch nominates the Judges, can be persuasive.