Rather than direct constitutional revision, the ruling party tends to reinterpret the constitution and relax the stipulations on the use of Japanese military force.

The scope of Self-Defense Force (SDF) was widened under a new anti-piracy law enacted in June 2009. Originally, the SDF was only allowed to escort Japan-related ships and its use of weapons was limited to legitimate self-defense and with the prior approval of the Diet (parliament). However, the anti-piracy law allows the SDF to escort foreign ships and fire at pirate boats if they ignore warning signals and approach merchant ships. It is believed that the new law was a stepping-stone to expand the use of weapons in other SDF missions overseas.

On the other hand, both the Japan Coast Guard (JCG) and the Maritime Self-Defense Force (MSDF) were assigned to inspect vessels sailing to and from North Korea. While this kind of ship inspection operation can be solely done by JCG, the project team of the Liberal Democratic Party, New Komeito, claimed that MSDF is more capable than the JCG, in terms of information collecting and ship tracking.

Meanwhile, the Japanese government and the project team are drafting a bill for ship inspection operations. According to the proposed bill, the MSDF will mainly be tasked with following suspect vessels and collecting information on them, but in special cases, such as if there is prior information that the vessels is heavily armed, it will be allowed to check ships. Also, under the bill, ship inspections will be conducted in both Japanese territorial waters and on the high seas and will allow authorities to impound items from the vessels. The government planned to submit the bill in early July and aims to enact it during the current Diet session, which has been extended to 28 July 2009.

Since the drafting of constitutional revision of ruling party, the Liberal Democratic Party, released in 2005, the pacifist character of Article 9 has been threatened further. ACPP issued SUA070416(1) in April 2007 to support the local efforts to protect the Article 9.

Sources:
Japan Times,
Yomiuri Shimbum

While the debate about revising Article 9 of the Constitution has been quiet for some time, it is observed that the “revision” is being done through interpretation of some of the clauses to enable further militarization.  The recent anti-piracy mobilization to Somalia is one concrete example.

As one of the most active deployments since the Second World War (WWII), two Japanese warships (4,650-ton Sazanami and 4,550-ton Samadare destroyers) with 400 crew were sent to join an anti-piracy mission to the Gulf to protect cargo ships.  Although the period of deployment has not been fixed, it is expected to stay for around 6 months.  The Defense minister Yasukazu Hamada claimed that piracy off Somalia is a threat to Japan and the international community and that it is an important duty for the Self-Defense Forces to protect Japanese lives and assets.

This mission has created further division in public opinion in Japan which permits soldiers to use force only for self defense and to protect Japanese nationals.  Previously, overseas missions have so far been deployed for logistical and rear-area support, and critiques argue this new mission could set a new precedent for Japanese military missions overseas and see the country’s servicemen use lethal force for the first time since WWII.  Recent newspaper polls have shown growing public support for the anti-piracy mission, with 61% respondents in favour and 27% against in a survey by the top-selling Yomuri Shimbun newspaper.

Under the current rules of engagement, the Self-Defense Force ships would only protect Japanese ships, nationals and cargo.  A cabinet meeting has recently approved a bill to widen the scope of force that its military personnel can use against pirates.  The proposed legislation would allow Japanese troops to fire on the hulls of approaching pirate boats that refuse repeated orders to stop, allowing them to protect non-Japanese ships and citizens.

ACPP has been supporting the local efforts to protect the Article 9, or “Peace constitution” and issued SUA070416(1) in April 2007 when the government submitted a bill to call for a referendum to revise the constitution.  Although the bill was passed, local efforts to protect Article 9, such as the Peace Boat and the Global Article 9 Conference to Abolish War, continued to raise public awareness amid the various challenges against the government’s moves.


Source:
The Sydney Morning Herald

The report of the "Panel on the Reconstruction of the National Security Legal Foundation," commonly known as the Yanai Report was submitted to the Cabinet in June 2008.  The report profounds that a reinterpretation of Article 9 of the Japanese Constitution is necessary to permit Japan to participate in collective self-defense and collective security operations.

The report also argues that because the international security environment has changed since the end of the Cold War, with increased threats and more diverse threats to Japan and the international society, the established interpretation of the Article is no longer appropriate.  It concludes that Article 9 is preventing the fulfillment of important security objectives.

However, Craig Martin, a Canadian lawyer, argues in The Japan Times that if there is such significant change to the nation's circumstances that the legitimacy of a constitutional provision is thrown into question, then the appropriate avenue is constitutional amendment.  Ad hoc "reinterpretation," particularly by the executive, is just an end run around the legitimate amendment procedures of the Constitution.  He added however that, if the majority of the nation would not support such an amendment, then that simply highlights the illegitimacy of trying to impose a new meaning on the Constitution that the majority of the people would disagree with.

In April 2007, Hotline Asia issued SUA070416(1) urging the government to withdraw the bill calling for referendum on constitutional revision.  The bill was passed in May 2007, which runs contradictory to a local survey: 78% of the public said that the pacifist constitution has helped to maintain peace in Japan.


Source:
The Japan Times

Despite the widespread national discomfort surrounding Japan’s military ambitions in orbit, the Diet enacted the “Basic Space Law” on 21 May 2008, a law enabling Japan to use the outer space for national defense purposes on 21 May 2008. Members of Parliament who are opposed to the bill says it is a break with Japan’s constitution by allowing the Ministry of Defense (MoD) to seek the “promotion of security” in the outer space. They can now be free to engage in “star wars” military planning.

Any extension of the MoD’s powers is viewed with grave suspicion by the majority of Japanese, who support the war-renouncing Article 9 of their constitution.

In the “Global Article 9 Conference” on Japanese pacifism, its organiser, Tatsuya Yoshioka, told more than 10,000 delegates that Article 9 “is a treasure of the world”, and called for the international community to join in fighting the “proposed rearmament of Japan.”

Hotline Asia issued SUA070416(1)in April 2007 urging the government to withdraw the bill calling for referendum on constitutional revision.

Source:
Times United Kingdom
The Asahi Shimbun

On 14 May 2007, the government succeeded in passing a bill that paves the way for a national referendum to make constitutional changes. Thus, Japan will be able to transform its "pacifist" nature and give more active power to its current armed forces. According to the terms approved, a referendum will be held by 2010 where the absolute majority of votes will be needed.

In a survey conducted by Asahi Shimbun, a local newspaper, showed that 78% of the public said that the pacifist constitution has helped to maintain peace in Japan. The survey contacted eligible voters by phone on 14-15 April and obtained responses from 1,807. Only 18% of the respondents said the Self-Defense Forces should be turned into a "self-defense military," showing a wide gap between public opinion and the direction of the revisions being pushed by the ruling Liberal Democratic Party (LDP).

This first step has already put South Korea and China, the main victims of Japan's aggressive colonialism in the 1900s, on alert. They see the constitutional revision as a serious threat to peace in East Asia. Xinhua, the official news agency in China said people had begun to doubt whether Japan would continue along the path of peaceful development. The official Korean Central News Agency lashed out in a commentary on 25 May 2007: "It is nothing but an imperialist law to turn Japan into a state for war and aggression".

The LDP in 2005 released a draft for constitutional revisions, including an amendment to Article 9 to allow the creation of a self-defense military. The Japan Catholic Council for Justice and Peace is highly concerned with the development fearing it will undermine the pacifist constitution. In support of their effort, Hotline Asia issued SUA070416(1)in April 2007 urging the government to withdraw the bill calling for referendum on constitutional revision.

Source:
Asahi Shimbun
Asia News
Radio & Television Hong Kong
Xinhua News