Minor Change in SOFA

The governments of Japan and United States agreed on redefining “civilian personnel” of United States Force in Japan on Monday. Having reviewed a violent crime, raping and killing a woman in her jogging, last April, committed by an American worker, Kenneth Franklin Shinzato, for U.S. Force in Okinawa, they limited U.S. civilian personnel, who would be protected by Japan-U.S. Status of Forces Agreement, into eight categories. But, the people in Okinawa still require fundamental change of SOFA.

Japanese Minister for Foreign Affairs, Fumio Kishida, and U.S. Ambassador to Japan, Caroline Kennedy, signed a document of supplemental agreement of SOFA, which strictly defined U.S. civilian personnel according to the categories made by Japan-U.S. Joint Committee. The committee defines eight kinds of civilian personnel: civilian employed with U.S. governmental budget, civilian employed with fund out of U.S. governmental revenue, civilian on the ship operated by U.S. Force, employee of organization that offers welfare service to U.S. Force, employee of U.S. government other than U.S. Force, employee of company having contract with U.S. Force, employee of bank for military, and someone specifically authorized by the Committee.

The agreement also reinforced the system for ruling ordinary residents in Japan out of category of civilian personnel. The committee is going to establish a working team for discussing eligibility of the personnel. U.S. government is having obligation to constantly review its civilian personnel.

Japanese government expects improvement in treatments of crimes by U.S. civilian personnel. “This agreement is making difference from traditional application of SOFA,” told Kishida to the reporters after signing the agreement. According to MOFA, there are 7,300 of U.S. civilian personnel in Japan, 2,300 of whom are the employees of corporations with contract for U.S. Force. But, the numbers of personnel being ruled out of SOFA was not announced.

Shizato would be categorized in “employee of company having contract with U.S. Force.” The agreement adds conditions for them, “indispensable for the mission” or “having high-leveled skill or knowledge.” Those conditions will be discussed in Japan-U.S. Joint Committee. But, some experts in Japan are still skeptical in Japan’s leadership for application of SOFA. “I am not sure that Japan can overturn the decision of U.S. on eligibility or indispensability,” said Masaaki Gabe, Professor of Ryukyu University.

People in Okinawa overwhelmingly require abolition of a provision of SOFA that allows U.S. Force priority in judicial procedure in cases of U.S. personnel. Without fundamental change of SOFA, such violent crime as made by Shinzato can be repeated again. Uneven status between Japan and U.S. can produce another victims.