Ignoring Local Law

In the unilateral construction of new United States Marine Air Base in Henoko, Okinawa, the license of destroying rock reef issued by Governor of Okinawa was expired at the end of March. The government of Japan is ignoring the demand of Governor Takeshi Onaga to renew the license, unilaterally interpreting the local law as not requiring license. As the national government rejects persuasive effort to local government, rule of law does not work in this issue.

One week after the decision of Supreme Court that regarded the cancellation of license for landfill in Henoko by the Governor as illegal, Ministry of Defense resumed the construction of new base last December. The ministry dropped 228 concrete blocks into the sea for settling fence on them to contain muddy water. Onaga has been criticizing the ministry of its unilateral procedure without consent of local government.

The license for rock reef destruction is different from that for landfill. A local law in Okinawa determines that a construction causing change of landform of the seabed needs Governor’s license. The Government of Japan argues that it does not need renewal of the license, because Nago Fishery Cooperative, covering the coastal area around Henoko, has abandoned the interest for fishery this January. Ministry of Defense ignored the order of Governor to stop the construction late March.

Onaga realizes the activities of Japanese government as significant violation of law. There are two possible actions from Onaga. One is to file a lawsuit against the construction by Japanese government. Governor sets right for fishery resources on specific sea area. Onaga argues that the right cannot be cancelled only with renunciation by fishermen’s cooperative and it remains.

Another action would be withdrawal of license for landfill. The cancellation of that license in 2015 was based on illegality of the issuance by former governor. The withdrawal would be stemming from “significant violation” of law by Japanese government continuing the construction without renewal of license. Onaga thinks that the reasoning will stand, if the construction is continued after expiration of the license.

Japanese government maintains its argument that the construction is legally right even after the expiration. The government is taking steps forward to seawall construction this month. Chief Cabinet Secretary, Yoshihide Suga, reiterates that Japan is a rule-abiding country and stresses legitimacy of the policy for relocating Futenma Marine Air Base to Henoko. However, it is Japanese government that ignores local law in Okinawa, which is legislated with the provision on autonomy in Constitution of Japan.