The Abe government goes violently in the attempts to approve the right of collective defense, which the Constitution prohibits. It is planned to submit a bill on the National Security Basic Law to the next ordinary session of the Diet. If it passes the parliament, Japan will be authorized to wage a war as the sovereign right of the state. Article Nine of the Constitution which renounces wars will be practically suspended.
JAPAN MAY GO TO WAR BEFORE AMENDING CONSTITUTION
The Abe government replaced, as a first step, Chief of the Cabinet Legislation Bureau, whose position has been regarded as an obstacle to the premier's objective to allow the right of collective defense, with a diplomat who agrees to the premier's desire.
Consecutively, the government has decided to present a bill on the National Security Basic Law to the 2014 Diet ordinary session. The bill is intended to prepare an environment in which the right of collective defense may be executed. Before the bill's submission the government will announce in the coming extraordinary session this year its new stance on the said right, revising the traditional interpretation. The government will soon hear advice from a panel, the Council on Reconstruction of Legislation for National Security, which resumed operation last February.
Before Rewriting Article
In parallel with these developments the government is planned to approve a bill to establish the Council of National Security, the so-called Japanese version NSC, in next January. The bill has been already put on the Diet agenda for further debates. The council will constitute a control tower for diplomacy and security issues.
In relation to the Japanese NSC, the government will present to the extraordinary session of the Diet a bill on Preservation of Secrets, a law to enhance punishment on public officials and workers if they leak state's confidential information. The law aims to develop a scheme of information sharing with the chief ally, the United States. The Abe government will incorporate a concept to admit the right of collective defense in the New Defense Guidelines to be revised in December.
If a series of procedures complete smoothly, Japan will be a nation that could 'stage a war in the framework of Article Nine', a zealous wish of Premier Abe's, by this time of the next year. We stand now at a critical phase before the government actually rewrites the article.
The New Socialist Party has duties to organize broadly people's movements with firm determination; to oppose alteration of interpretation of Article Nine, to dismantle the bill to build the NSC, to prevent from submission the bills on Preservation of Secrets and National Security Basic Law, and to object to creation of conspiracy charge as well as to aggravation of the Wiretapping Act.
Legislation of another National Mobilization Law
We must understand, first, dangerous aspects of the bill on National Security Basic Act, whose outline was announced July 2012 by the Liberal Democratic Party, and then openly disclose its content, which blatantly challenges the constitutional principles.
The outline has twelve articles. In the Item 1 of Article 10 it specifies 'a situation in which an external armed attack occurs against Japan, or a nation which is a close ally' under the title of 'executing the right of collective defense provided by the United Nations Charter'.
In other words the right of defense in the UN Charter, or the right of collective defense, could be allowed within the limitation of Article Nine of the Constitution. This stance clearly breaches Articles 9 and 98 (=the Constitution is the supreme law). The government is intended to legislate to justify the right of collective defense, evading and omitting procedures to rewrite the constitution. This does nothing but renounces constitutionalism.
Under its Article Four (on people's duty) the outline says that 'people shall cooperate with the state's security policy, contribute to assuring security of the country and thus work to realize a peaceful, stable international community'. The phrase reminds us a wartime law, the National Mobilization Law'.
August 27, 2013