Full translation of proposed LDP amendment to Article 9 and 96 of the Constitution of Japan

Original Article 9 

Chapter II. Renunciation of War

Article 9.

 1. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.

2. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.  

(Original Japanese)

(Authentic English)

Draft new Article 9 by LDP as proposed on April 27, 2012

Chapter II. National Security 

Article 9

Section 1. Pacifism 

1. Aspiring sincerely to an international peace based on justice and order, the Japanese people renounce war as a sovereign right of the nation, and refrain from the use of  threat and use of force as means of settling international disputes.

2. The preceding paragraph shall not preclude the exercise of right to self-defense.

Section 2. National Defense Force

1. In order to ensure peace and independence of Japan as well as safety of the state and the Japanese people, a National Defense Force shall be maintained under the supreme command of the Prime Minister.

2. The execution of the duties of the National Defense Force as prescribed in the preceding paragraph shall be governed by the approval of the National Diet and other rules and regulations as provided by the law.

3. Aside from activities taken in execution of its duties as prescribed in section (1) of this paragraph, the National Defense Force shall be allowed, as provided by the law, to commit itself to activities taken in cooperation with the international community for the purpose of maintaining international peace and security, activities taken for the purpose of maintaining public order, and/or activities taken for the purpose of protecting the lives and freedom of the Japanese people.

4. Aside from provisions as prescribed in section (2) of this paragraph, matters regarding the organization, governance and confidentiality of the National Defense Force shall be determined by the law.

5. In order to prosecute military service personnel and other public official for the crimes committed pertaining to its execution of duties and/or breach of confidentiality, a tribunal shall be established under the National Defense Force. Upon prosecution, the rights to appeal of the defendant to a higher court must be ensured.

Section 3. Preservation of territorial integrity

In order to preserve its sovereignty and independence, the state must, in cooperation with the Japanese people, commit to preserving territorial integrity of the land, sea, and air, and securing its resources.

(Original Japanese)

A Tokyo Conference Reaffirms Japan's Role in Afghanistan

*Click the title above to read the Japanese version of this release.

by Takahiro Katsumi and Vladimir Ionesco

（Tokyo 30 November）On 23-25 November, a three-day conference on Afghanistan was held at a hotel in Tokyo, Japan. Entitled "Roundtable Discussion on Peace and Reconciliation: Prospects for Shared Security in Afghanistan" the conference was co-hosted by World Conference of Religions for Peace (WCRP) Japanese Committee (page in Japanese only) and Japanese Parliamentarians for Shared Security (JPSS) with the cooperation of the Ministry of Foreign Affairs of Japan.

To ensure the safety of all participants as well as frank and free discussion, the conference was completely closed to the media and the public until the final day.

During the three-day event, participants from Afghanistan and other countries, such as Pakistan, Saudi Arabia, Iran and many more, engaged in a vibrant discussion on how to foster peace in Afghanistan. They included diplomats, military officers, academics, researchers, development specialists, and religious leaders from eighteen countries. The conclusions reached in the conference were compiled into a recommendation paper that was presented to the press on the final day.

Eight-point recommendation delivered to the Prime Minister and the Foreign Minister

Before the press conference took place, the Master of Ceremonies and Acting President of JPSS, Senator Tadashi Inuzuka (DPJ), and his delegation split into two units, which visited the Prime Minister's Office and the Foreign Ministry to deliver the conclusions of the conference; an eight-point recommendation written under the supervision of Amb. Francesc Vendrell, the Chairman of the Conference. To the delegation, Prime Minister Hatoyama was noted to have said the following when he received the document from Rev. Nichiko Niwano, President of WCRP Japanese Committee:

"Thank you for achieving what politics alone cannot."

WCRP President Nichiko Niwano delivering the recommendation to Prime Minister Hatoyama

Second delegation led by the Chairman delivering the recommendation to Foreign Minister Okada

The eight-point recommendation outlines the roles that each stakeholder should play in the promotion of reconciliation and peace in Afghanistan. The section that outlines the role of Japan reads as follows:

Japan’s Role: Since Japan enjoys an excellent reputation with Afghanistan and the immediate neighbours of Afghanistan, it is highly desirable that Japan play a key role within the international community in supporting the peace and reintegration programme led by the Afghan government. The participants welcomed measures for aid effectiveness that ensure transparency, accountability and more effective results that would enable the government of Japan to continue to provide support to the rebuilding of Afghanistan.

With inputs from Muslim participants and religious figures, the recommendation also outlines the role of Islamic states as follows:

Role of Islamic States: The participants called for increased cooperation among Islamic states to prevent the spread of radical groups that promote violence, and to advance the reform of madrassas and other efforts at de-radicalisation to help individuals or groups to break the cycle of violence (including the denouncing of suicide bombings and drug trafficking as un-Islamic practices). Therefore, it was proposed that WCRP facilitate gatherings of prominent Islamic scholars to engage Islamic teachings to promote peace and reconciliation in Afghanistan. The participants affirmed the importance of the good offices of His Majesty King Abdullah bin Abdul Aziz Al Saud, the Custodian of the Two Holy Mosques, as requested by the Afghan Government, to utilize His Majesty’s influence as a political and religious leader to help the process of peace-building in Afghanistan.

In advocating these recommendations as well as six others in a truly international setting, the conference not only reaffirmed the importance of Japan's assistance efforts to foster peace in Afghanistan, but also fulfilled the purpose of creating a cohesive environment of trust among the participating countries and institutions.

Press Information

Press Announcement (PDF)

Final Document (PDF)

MoFA Press Release (in Japanese only)

Related Media Reports

24 August 2009 (Asahi Shimbun)

22 November 2009 (Kyodo News)
25 November 2009 (AP)

26 November 2009 (Bernama)

27 November 2009 (The Cable)

Can Japan bring peace to Afghanistan? (The Foreign Policy)

*Click the title above to read the Japanese version of this release.

The following article was published on the website of Foreign Policy magazine

Can Japan bring peace to Afghanistan?

By Josh Rogin

Josh Rogin reports on national security and foreign policy for The Cable at ForeignPolicy.com

Wed, 11/25/2009 - 7:31pm

As far as we know, the U.S. government isn't focused on engaging the Taliban or other militants waging war on the Afghan government and international forces, but there is one country actively working on a plan to reconcile the warring factions in Afghanistan: Japan.

A conference held behind closed doors in Tokyo finished the last of its three days of meetings Wednesday, bringing together representatives of the governments of Afghanistan, Iran, Pakistan, Saudi Arabia, and others to discuss how a peace within Afghanistan might be negotiated. Among the participants was Mohammad Masoom Stanekzai, an advisor on reconciliation to Afghan President Hamid Karzai.

Stanekzai has often advocated for internal Afghan reconciliation and in his capacity as a visiting fellow at the U.S. Institute of Peace last year, he wrote that "A multitude of factors suggest that the time is ripe for a reconciliatory process," and "A comprehensive and coordinated political reconciliation process must be started."

The conference ended with a list of recommendations, obtained by The Cable, that will now be sent to Japanese Foreign Minister Katsuya Okada as he charts out Japan's future policy on Afghanistan.

The Japanese government, now led by the Democratic Party of Japan, has been searching for a new role in Afghanistan after announcing it would end its military refueling mission there but also increase its aid contribution by $5 billion.

Leading an international effort to negotiate a détente between the Afghan Taliban and the Afghan government could be how the DPJ forges a new identity for Japan's foreign policy, which has long been tethered to U.S. foreign policy. The DPJ has called for a more independent position in the Japanese alliance with Washington.

"Since Japan enjoys an excellent reputation with Afghanistan and the immediate neighbors of Afghanistan, it is highly desirable that Japan play a key role within the international community in supporting the peace and reintegration program led by the Afghan government," the recommendations state.

Earlier this year, Secretary of State Hillary Clinton set out the conditions under which she believes reconciliation with certain members of the Taliban could be achieved.

"We understand that not all those who fight with the Taliban support al-Qaida, or believe in the extremist policies the Taliban pursued when in power," she said at the Council of Foreign Relations on July 15, "And today we and our Afghan allies stand ready to welcome anyone supporting the Taliban who renounces al-Qaida, lays down their arms, and is willing to participate in the free and open society that is enshrined in the Afghan Constitution."

But Special Representative for Afghanistan and Pakistan Richard Holbrooke said Nov. 23 that "there has been no direct meetings between American officials and Taliban officials ... we are not having direct contacts with the Taliban."

The conference was organized by World Conference of Religions for Peace Japan committee and was arranged with help of the group Japanese Parliamentarians for Shared Security and with cooperation of the Japanese foreign ministry.

Foreign Policy is a bimonthly American magazine founded in 1970 by Samuel P. Huntington and Warren Demian Manshel. Foreign Policy won the 2009, 2007, and 2003 National Magazine Award for General Excellence. It is published by The Washington Post Company in Washington, D.C., USA. Its topics include global politics, economics and ideas.

Josh Rogin is staff writer for The Cable of The Foreign Policy Magazine.

Focus given to the Northeast Asia nuclear-weapon-free zone at the PNND Annual Assembly

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(New York 13 October) Parliamentarians and experts from around the globe gathered at the 2009 PNND Assembly, which took place in New York on October 11th and 12th. The two-day conference on “the role of parliamentarians in advancing nuclear abolition” was divided into several sessions and speakers from a dozen countries tackled the challenges of nuclear disarmament before an audience of one hundred legislators and specialists.

The event notably enabled PNND South Korean Co-President Mikyung Lee and Japan Council Member Tadashi Inuzuka to meet for the first time. Both parliamentarians decided to develop a plan that would bring Japanese and Koreans together in promoting a Northeast Asia Nuclear-Weapon- Free zone.

According to a draft treaty based on a NGO working paper adopted in 2008 by a DPJ’s parliamentary group, Northeast Asia Nuclear-Weapon-Free zone should rely on current six-party talks with a 3 (ROK, DPRK and Japan) plus 3 (China, Russia and the United States) framework, non-dependence to nuclear weapons, negative security assurances and obligations to educate current and future generations on the consequences of atomic bombings.

The last session was followed by a public panel on “advancing the UNSG’s five-point plan on nuclear disarmament”. Chaired by Jonathan Granoff, President of the Global Security Institute, the discussion group saw the participation of Mr. Inuzuka from the National Diet of Japan, Mr. Kucinich from the U.S. Congress, Mr. Lee from the ROK Assembly, and Ms. Zapf from the German Bundestag.

The Annual Assembly ended with the PNND Council meeting on October 12th, where various matters, such as activity reports, regional updates, partnerships and funding, were discussed and decided upon.

A delegation of senior PNND members then met with United Nations Secretary General Ban Ki-Moon and presented him the Parliamentarians’ Statement Supporting a Nuclear Weapons Convention.

UN expert on Somalia implores the Japanese legislatures for a "cerebral approach" in the new antipiracy bill

*Click the title above to read the Japanese version of this release.



The five prominent pirate centers in Somalia
(Click the map to see in full size)

(TOKYO 16 June) Appearing before the Committee on Foreign Affairs and Defense at the Upper House of the National Diet (Japanese parliament) on Tuesday to discuss the efficacy of a Japan's original Anti-Piracy Measures Bill, the UN expert on conflict prevention, Mr. Desmond J. Molloy of Tokyo University of Foreign Studies, implored the Japanese legislatures to take a more "cerebral approach" in dealing with the Somali pirates issues off the coast of defacto dysfunct Somalia.

In his testimony, Mr. Molloy appealed to the Members of the Committee that in dealing with the Somali-originated pirates, the international flotilla is not a sustainable or cost-effective solution. Rather, Mr. Molloy suggested that instead of continuing with the "contingency activitiy," intelligence and policing activity will have a "greater impact". Referring the current opearation as only causing a so-called "cockroach effect," where one will be faced with dispersal of the bug even if one squashes one out of a swarm of them, Mr. Molloy made the following recommendations to the legislatures in considering drafting laws to counter piracy in the Gulf of Aden:

• Careful mapping of key actors in piracy
• Sustained pursuit of criminal prosecution of major (warlord) perpetrators by UN and Western interests
• Confiscation of foreign criminally acquired assets of those families engaged in piracy (most leading families have dual citizenship in Western countries with assets located there)
• Acknowledgement by the international community regarding the pillage of fish resources and toxic dumping in Somali territorial waters; sanction against those perpetrating this theft
• Community based compensation through community capacity building investment with context sensitive organizations such as SAACID

Mr. Molloy's argument was well-received and legislatures from all parties engaged in a heated dicussion over whether Japan's participation in the flotilla is indeed a viable short-term solution to the problem, and how Japan can maximize its valuable experience in the Straits of Malacca, where Japan Coast Guard successfully managed to install RECAAP or Regional Cooperation Agreement on Combating Piracy and Armed Robbery in Asia.

As its name stands, RECAAP is a regional cooperation organization to counter piracy in Asia which was created by the initiative of Japanese authorities. Another testifier argued that in the longrun, though it make take decades, a Somali-version of RECAAP could be envisioned.

For more information:

• A full resume of Mr. Molloy's testimony
• Mr. Molloy's powerpoint slides.
• Summary of the draft Anti-Piracy Measures Bill
• An offiicial statement on the bill by the Prime Minister.
• A webcast of today's Committee session (see down below).
  

DPJ envisions new role brokering Afghan ceasefire if it takes power (Japan Times)

*Click the title above to read the Japanese verison of this release.

Sunday, Feb. 1, 2009

Kyodo News

The Democratic Party of Japan is looking to take an active role in brokering a ceasefire in Afghanistan between U.S.-led forces and Taliban militants if it topples the ruling Liberal Democratic Party and takes power in the next election, according to a draft plan obtained by Kyodo News on Saturday.

With public support for Prime Minister Taro Aso plummeting to historic lows, the main opposition party has been compiling foreign policy goals as it sets its sights on winning the election, which must be held by September.

The DPJ-led government will call on the United Nations to press for the withdrawal of U.S., NATO and Pakistani forces stationed in Afghanistan and instead set up an international team of truce monitors including Japan and several Arab countries not involved in the conflict, the draft said.

The envisioned ceasefire surveillance team would not carry arms and would support Afghan police and Pakistani paramilitary forces to maintain security. Japan would send the Self-Defense Forces, while calling on Arab countries like Saudi Arabia and Jordan to participate.

"We will make it clear that this will be different from the past involvement of foreign troops," a member who participated in compiling the draft said. "Not bearing arms will be an extremely important message that will help to establish peace."

Under the scheme, a nonpartisan group of lawmakers would be established so that working-level talks between Taliban representatives and Afghan and Pakistani ministerial-level officials can be held, according to the draft.

Japan would also host an international conference in Tokyo to find a path toward achieving peace in Afghanistan and ultimately invite Afghan President Hamid Karzai and Pakistani President Asif Zardari to the capital to ink a formal agreement on terminating conflict in Afghanistan, according to the plan.

The plan may still face opposition within the DPJ, given the low probability of a ceasefire being reached in the unstable conditions plaguing in Afghanistan. It may also risk damaging Japanese-U.S. relations since new U.S. President Barack Obama has vowed to increase U.S. forces in Afghanistan.

"The United States is beginning to study an exit strategy and there is still ample room for talks," another official in charge of compiling the draft said.

New Okinawa plan includes provisions for stationing servicemen for UNEPS

*Click the title above f0r a complete Japanese version of this release (incl. DPJ press release).

Secretary General Yukio Hatoyama delivering his speech

On August 11, the Democratic Party of Japan held a public symposium on its new Okinawa Vision 2008 which outlines the whole of its basic Okinawa (U.S. base) policy designed to take effect after taking power of the government, according a local news source and the official party press release. The "Vision" has been released since July 1997 on a tri-annual basis and it represents a most formalized statement of DPJ's policy which requires the approval by the Next Cabinet or the shadow cabinet.

The Vision was approved on July 8 at the party's Next Cabinet meeting, and it lay out that a part of Okinawa's private airport (the Shimojishima Airport in Miyakojima) could be utilized as a stationing base for UNEPS in the future. Specifically, the provision outlined the utilization of the airport as follows (unofficial translation from the local newspaper article of Ryukyu Shinpo):

"The new Vision included provisions on constructing an outpost for the UNEPS (UN Emergency Peace Service) using the Shimojishima Airport in accordance with the Shimojishima Airport Utilization Plan of the Miyakojima City." (Ryuku Shinpo, 12 August 2008)

More specifically, the provision outlined the role of the airport as follows (unofficial translation):

VIII. Attraction of international organizations

Considering Okinawa’s geographical and historical characteristic that played the unique role of “Island of Peace” in various international negotiations including the 2000 Kyushu-Okinawa G8 Summit, attracting international organizations and UN offices to Okinawa (for example as a UN Pacific Rim Headquarters) is both meaningful and desirable for stability and development of East Asia as well as for sending the message of peace.

In practice, the Shimojishima Airport of Miyakojima City could be utilized to create outposts for UNEPS (a UN Emergency Peace Service) or a UN Human Security Centre for human resource development, as well as for enhancing the coordination with the ASEAN Rescue Team and the Japan Disaster Relief Teams that were recently dispatched to various disasters including the cyclone disaster in Burma and the Schezuan earthquake disaster in China. For this purpose we believe an active deployment of Miyakojima’s “2007 Shimojishima Airport Utilization Plan” is pertinent.

This was a first leap forward from theDPJ's initial policy on UNEPS that merely recommended the government to facilitate the establishment of UNEPS. Now the party is thinking about preparing to establish the UNEPS by itself once power transfer takes place.

Since the Vision is to be reflected in the party's Manifesto which will be finalized before the next general election, it is likely that the establishment of UNEPS would become an official party policy for the years to come.

Government to discuss possible introduction of international solidarity levy

*Click the title above to read the Japanese version of this release.

According to several news sources, the Japanese government has begun "discussions on the possible introduction" of international solidarity levies. The Tokyo Shinbun article dated July 28 read as follows:

The government on Sunday launched discussions on the possible introduction of an international solidarity levy for currency trading activities and airline ticket purchases to help fund development assistant programs for developing countries. In the coming months Japan is expected to officially join the international group of countries that are promoting the initiative.

According to the article, the government is considering "a currency transaction development tax of as low as 0.005 percent on foreign currency trading activities" and the implementation of "an airline ticket levy with which it can collect taxes from relatively wealthy people."

The currency transaction development tax, known globally as CTDL or Currency Transaction Development Levy, has been the policy target of our Office since the launch of the Parliamentary Group on International Solidarity Levy in February this year. We believe the "international group of countries" that promotes the international solidarity tax initiative refers to the Leading Group on Solidarity Levies to Fund Development, which our Parliamentary Group formally requested the government to join in June.

The Office of Senator Tadashi Inuzuka welcomes the government's decision to launch its official consideration of a possible introduction of an international solidarity levy. We believe the fact that their policy options include CTDL and airline ticket levy is a testament to the works of the Parliamentary Group in the Japanese National Diet and we will continue to put our utmost effort in materializing the introduction.

Below is a Kyodo News article which is deemed as the primary source of the news.

Monday, July 28, 2008

'Solidarity levy' eyed to pay for foreign aid

Kyodo News

The government on Sunday launched discussions on the possible introduction of tax systems for currency trading activities and airline ticket purchases to help fund development assistant programs for poor countries, Foreign Ministry sources said.

The government is considering the "international solidarity levy" mechanism to secure funds to help the world achieve the U.N. Millennium Development Goals aimed at stamping out poverty and tackling health problems in developing nations, the sources said.

Various studies have shown that the conventional official development aid system has failed to provide sufficient funds to achieve the goals. Some countries have advocated innovative financing mechanisms, including international solidarity levies.

The government plans to officially join the Leading Group on Solidarity Levies to Fund Development, a French-initiated international organization set up in 2006. Japan has been an observer country so far.
The government is mulling a currency transaction development tax of as low as 0.005 percent on foreign currency trading activities, according to the sources.

It also aims to implement an airline ticket levy with which it can collect taxes from relatively wealthy people, they said.

Tetsuji Tanaka, head of the Tokyo-based citizens' group altermonde, which promotes the financing mechanism, hailed the government's move.

"The world needs to create a framework in which money flows from people reaping the benefits of globalization to those suffering the negative impacts of the phenomenon," he said. "Japan's planned participation in the Leading Group will mark a huge step toward realizing such a system."

According to the Foreign Ministry, as of last year 28 countries had announced their intention to introduce the airline ticket levy, of which eight countries, including France and South Korea, have done so. The proceeds have been donated to the Leading Group and used for such purposes as tackling infectious diseases in developing countries.

No country has yet put into practice the currency transaction development levy.

Daily transactions in global currency exchange markets totaled $3 trillion in 2007. If a 0.005 percent levy were imposed on the transactions, about $33 billion, or one-third of the current level of global ODA, could be gathered.
Some financial industry experts point out that the levy system would also help stem transactions of speculative funds.

Calls for international solidarity levies have been growing in Japan. Some lawmakers established a bipartisan group to promote the system earlier this year.

In June, Prime Minister Yasuo Fukuda indicated his intention of examining the possibility of introducing the system to secure financial resources to combat global warming.

Parliamentary group on solidarity levy submits a formal request to the Foreign Minister

*Click the title above to read the Japanese verison of this release.

A Japanese parliamentary group submits a Letter of Request urging the government to take lead in solving "Problems without passports"

by Takahiro Katsumi, PGISL Secretariat

(Tokyo, 3 June 2008) In the early Tuesday morning, a delegation from the non-partisan group of parliamentarians including Senator Tadashi Inuzuka (DPJ) that seek for the establishment of international solidarity levy, paid a formal visit to Minister of Foreign Affairs MasahikoKOHMURA to submit a formal Letter of Request to the government to join the Leading Group on Solidarity Levies for Development. (*1)

The delegation of the the Parliamentary Group on International Solidarity Levies (PGISL) emphasized in the request that the Leading Group is serving as "breeding grounds for innovative and effective ideas" and that Japan as the host of the upcoming G8 Toyako Summit should consider global issues such as climate change, poverty, and epidemics as "problems without passports" and that Japan should lead the world in providing "solution without borders". The request thus concluded by urging the government to join the Leading Group which is acting as an effective forum to develop new ideas addressing these "problems without passports".


Background

PGISL is a non-partisan, all-party parliamentary group consisted of approximately 40 original members from both houses of the parliament (the National Diet). It was established in Feburary 28 of this year, which holds the following as its objectives to be achieved before the opening of the Toyako Summit:

1. Organize and provide venues for study group sessions to study relevant systems and to facilitate substantial discussions in the Diet.
   
2. Push the Japanese government towards participation in the “Leading Group on Solidarity Levies for Development” (LGS).
3. Push the Japanese government to take the role of a lead nation for the “CTDL taskforce” (*2) which was proposed by the LGS.
   
   

Accordingly, PGISL until today has hosted more than five study sessions since its establishment, in a period of three month. For the study session the Group invited experts from in and out of Japan, such as Dr. Sony Kapoor from his newly established think tank "DEFINE", Professor Takehiko UEMURA from the Chiba University, and Mr. Kenzo OSHIMA, former UN Ambassador and now Deputy Director of JICA (Japan International Cooperation Agency). PGISL has also sent its staff to the Leading Group Plenary Meeting held in Dakar on April to monitor and better understand the dynamics and reality of the Group. In particular, the PGISL has recognized the growing international acceptance towards CTDL(*3) and its effectiveness, hence promoting Japan's participation in the Leading Group to lead the Taskforce on CTDL.

The formal request to join the Leading Group signifies the very first step in rearing Japan to lead the CTDL Taskforce, which is our Group's primary objective.

Glossary of terms


For more details: (Note: all except the February press release is in Japanese)
Text：Letter of Request (3 June 2008)
Reference：History of the Leading Group (2 June 2008)
Reference：PGISL Press release on the establishment of the Group, en (29 February 2008)

Global-minded parliamentarians adopt a declaration on Darfur

*Click the title above to read the Japanese verison of this release.
　

The Japanese chapter of Parliamentarians for Global Action holds an ICC Workshop on Darfur and Tibet in the Japanese Parliament

On 14 May 2008, under the leadership of its Secretary-General, Senator Tadashi Inuzuka, the Japanese chapter of the Parliamentarians for Global Action* held a workshop on International Criminal Court (ICC) concerning the issues of Darfur and Tibet in the National Diet, or Japanese parliament.

Entitled “Strategy Meeting on the International Criminal Court (ICC) and the Responsibility to Protect the Civilian Population in Darfur and Tibet”, the workshop invited two (2) experts from the Japanese Foreign Ministry, seven (7) delegations from EC and European Union countries, and one (1) expert from PGA International Secretariat as well as Japanese parliamentarians to discuss extensively on the issue of Sudan’s non-compliance to the UN Security Council Resolution 1593 and on the ongoing humanitarian crisis in the Tibet. Two (2) representatives from the civil society were also invited as guests, including Mr. U Aung Htoo, General Secretary of the Burma Lawyers’ Council and Ms. Kazuko Ito, Secretary General of Human Rights Now in Japan. The workshop was divided into three sessions, with experts briefing on the Darfur and Tibet issue followed with a discussion on the Sudan’s non-compliance issue, followed by another expert’s presentation.

In the discussion on Sudan, Dr. David Donat Cattin, Director of International Law & Human Rights Programme at PGA, gave an overview on the jurisdiction of the ICC, its relationship with the UN Security Council, the referral of the Darfur situation from the Council to the ICC, and the consequent obstacles to the investigations and prosecutions of crimes against humanity allegedly committed in Darfur by high level Government officials and militia leaders of Sudanese nationality. In his presentation, Dr. Cattin described in detail the opposition for effective ICC intervention in Darfur posed by China and other Members of the Security Council, which did not allow the latter to take decisive action in addressing the non-compliance of Sudan with Court’s orders and decision. He concluded that “there is urgent need for targeted measures, including individual sanctions, aimed at giving teeth to the requests of cooperation of the ICC to Sudan, starting with the arrest and surrender of the two persons charged with crimes against humanity and war crimes in Darfur.”

In the final session, with consultation with Dr. Cattin and other experts the Japanese parliamentarians decided to adopt a resolution on Darfur urging the Japanese government to support and undertake all necessary measures that the Security Council may adopt, including “targeted sanctions against those individuals bearing responsibility for the continued non-compliance of the Government of Sudan with the obligation of arrest and surrender indicted war criminals to the Court.” However, because only senior members of the group was present in the meeting, the parliamentarians also decided that further consultation should be made on Tibet among all of the group members before a statement can be adopted on the issue.

Download: Resolution on Justice for Darfur

Background

*Parliamentarians for Global Action (PGA) is a network of 1,300 individual legislators from 117 elected Parliaments drawn from all regions of the world. The PGA ICC Campaign receives support from the European Commission, European Union, and the governments of Belgium, The Netherlands and Switzerland. PGA receives core support from Denmark and Sweden.

In early May 2008, the Executive Committee of PGA decided to join the “Justice for Darfur Campaign” and the Tokyo event was the first of such initiative focused on the subject so that Japan can play an essential role, along with the European Union and the USA, to fight impunity for past and ongoing atrocities in Darfur and therefore contribute to prevent the repetition of such atrocities. The PGA Japan National Committee has been a fundamental actor in the process that led to Japan’s accession to the Rome Statute of the ICC in 2006-07. PGA Japan takes on as its responsibility to promote the universality and effectiveness of the ICC system in Asia, starting with actions to be undertaken in Japan’s ODA partner countries such as Indonesia and Nepal, where PGA Members are actively engaged in securing their countries' accession to the Rome Statute.

In early May 2008, the Executive Committee of PGA decided to join the “Justice for Darfur Campaign” and the Tokyo event was the first of such initiative focused on the subject so that Japan can play an essential role, along with the European Union and the USA, to fight impunity for past and ongoing atrocities in Darfur and therefore contribute to prevent the repetition of such atrocities. The PGA Japan national group, formally called “The PGA Japan National Committee“ has been a fundamental actor in the process that led to Japan’s accession to the Rome Statute of the ICC in 2006-07. PGA Japan takes on as its responsibility to promote the universality and effectiveness of the ICC system in Asia, starting with actions to be undertaken in Japan’s ODA partner countries such as Indonesia and Nepal, where PGA Members are actively engaged in securing their countries' accession to the Rome Statute.

Japanese legislatures launch a parliamentary group for establishing internatinoal solidarity levy

*Click the title above to read the Japanese verison of this release.

February 29, 2008

Office of Senator Tadashi Inuzuka
House of Councillors, National Diet of Japan
Secretariat, the Parliamentary Group on International Solidarity Levy

FOR IMMEDIATE RELEASE

Japanese legislatures launch an all-party parliamentary group calling for the establishment of an international solidarity levy

(Tokyo, 28 February 2008) A nonpartisan, all-party parliamentary group calling for the establishment of an international solidarity levy was established in Japan. The Group, calling itself “The Parliamentary Group on International Solidarity Levy”, has launched an inaugural meeting on Thursday where influential legislatures from both the ruling and opposition parties attended. The distinguished attendants included Mme. Yoriko Kawaguchi, the former Minister of Foreign Affairs, Mr. Yasuhiro Shioazaki, the former Chief Cabinet Secretary, and Mrs. Wakako Hironaka, the former Minister of Environment. Along with these individuals, Mr. Kenzo Oshima, the former Permanent Representative to the United Nations and now the Deputy Director of the Japan Cooperation Agency, was added to the list of distinguished participants who prepared an inaugural lecture for the Group.

The Group aims to establish a system for international solidarity levy known as CTDL, or Currency Transaction Development Levy that allows procurement of funds for development assistance purposes by way of placing a levy on currency transactions. Specifically, the Group aims to do the following, as stipulated in the finalized prospectus.

February 28, 2008

Prospectus of the Group

Background
2008 is the year of the G8 Hokkaido Toyako Summit as well as the mid point for the achievement of the Millennium Development Goals (MDGs) in 2015. In spite of increasingly severe transnational issues such as climate change, poverty and pandemics, there is no prospect that the ODA goal for 2015 will be met. In order to resolve this situation, the airline ticket solidarity levy initiative led by France and the IFF initiative led by the United Kingdom have been implemented. However, these initiatives have not been introduced in other major countries and their revenues are also limited.

Recognizing that the time is ripe to call for an action by the legislature to take the initiative to devise “transnational solutions” that go beyond party or faction borders, we hereby establish the “Parliamentary Group on International Solidarity Levy", an all-party parliamentary group dedicated to address the aforementioned needs and to ensure that Japan will also commit itself to the establishment of innovative financing mechanisms.

Objective
1. Organize and provide venues for study group sessions to study relevant systems and to facilitate substantial discussions in the Diet.
2. Push the Japanese government towards participation in the “Leading Group on Solidarity Levies” (LGS).[i]
3. Push the Japanese government to take the role of a lead nation for the “CTDL taskforce”[ii] which was proposed by the LGS.

Challenges
In order to realize CTDL[iii], it is necessary to create a framework where many countries can participate, including the British All Party Parliamentary Group (APPG), the Italian government, the European Parliament, and others in addition to the members of the Leading Group which is led by the French government.


[i] Leading Group on Solidarity Levies (LGS): A 53-member group called on by France and Brazil established during the international conference on “Solidarity and Globalization: innovative financing for development and against pandemics” in Paris (Mar. 2006) to promote the establishment of international solidarity levy or innovative financing mechanisms. Eight (8) of its members have already enacted air ticket levy. Japan is an observer to this group and is a participant to the bi-annual plenary meeting of the LGS.

[ii] CTDL Taskforce: A decision was reached in the Second LGS Plenary Meeting held in Oslo (Feb. 2007) to set up two taskforces to tackle the issues of (1) tax haven and capital flight, and (2) Currency Transaction Development Levy (CTDL). On the Third LGS General Meeting in Seoul (Sep. 2007), Norway volunteered to take on the Tax Haven and Capital Flight Taskforce. However, there have been no volunteers for the CTDL taskforce.

[iii] CTDL (Currency Transaction Development Levy): An international currency taxing system proposed by a coalition of 61 non-governmental organizations led by the British NGO “Stamp Out Poverty”. It aims to place ultra-low taxes (0.005%) on currency transactions to produce additional funds for ODA and to help reduce the burdens on national governments financing the ODA.

The Upper House adopts a DPJ bill proposing to facilitate the establishment of a new UN service.

*Click the title above to read the Japanese version of this release.

by Takahiro Katsumi

(Tokyo, 11 January 2008) The Upper House of the Japanese parliament has adopted on Friday a counter-proposal bill submitted by the opposition Democratic Party of Japan (DPJ) regarding Japan’s assistance to the war-torn Afghanistan. The bill was submitted to the House of Councillors on 21 December last year and was adopted on Friday at the plenary session of the National Diet, the Japanese Parliament (press release).

As a counter-proposal to the government-submitted bill which aims to reinstate the refueling mission in the Indian Ocean to assist the maritime interdiction component of Operation Enduring Freedom led by the United States, the so called “Terror Elimination Law,” short for the” Special Measures Law for Reconstruction Assistance to Afghanistan for the Prevention and Elimination of International Terrorism,” included articles specifically addressing the concept of “Responsibility to Protect” and the establishment of a new UN service “capable of immediately taking necessary measures to respond to threats to international peace and security.”

A UN service “capable of immediately taking necessary measures to respond to threats to international peace and security.” refers to none other but UNEPS or UN Emergency Peace Service, a standing civil-military hybrid UN peace service capable of preventing and responding to humanitarian crisis situation which consists of highly trained professionals recruited on basis of free will. But because UNEPS is still a developing concept, it was considered inappropriate to use its name in the legislation. In fact, the word “UNEPS” has already appeared in the outline of the bill that was released to the press (related article).

With the exception of the United States Congress, which has twice in its history submitted such bill, this was the first time the proposal to establish such UN peace service was placed in the parliamentary agenda for deliberation (related information). We believe this action would play an important role to facilitate the engagement of international community in these discussions.

In the actual bill, the two sections that dealt with R2P and a new "UN service” read as follows (unofficial translation with altered formats):

Development of Basic Laws

Article 25

Basic laws governing the acting principles of our nation’s state actions concerning international security as well as our leading role to contribute in the global effort to prevent and eliminate international terrorism shall be established. To that end, basic acting principles shall be established for measures:

1. taken in response to implement the collective security provisions stipulated under Chapter VII of the Charter of the United Nations;
2. taken in response in act of self-defense which is in compliance with the provisions of the Constitution; and
3. taken in response to the decision of the United Nations to act under the principle of Responsibility to Protect adopted at the General Assembly on the date of September 6, 2005 to protect individuals from the crimes of genocide, war crimes, ethnic cleansing and crimes against humanity.

Consideration for the establishment of a new United Nations service to supplement the efforts to maintain and/or restore international peace and security

Article 26

As part of its effort in reforming the United Nations and to supplement the activities taken under the United Nations Peacekeeping Operations in accordance with Section 1 Article 3 of the Law Concerning Cooperation for United Nations Peacekeeping Operations (Law No. 79 of 1992) as well as other activities taken to maintain and/or restore international peace and security, the government shall take an active and leadership role in engaging the United Nations and states parties to the United Nations to facilitate the establishment of a new United Nations service capable of immediately taking necessary measure to respond to threats to international peace and security when such threat arises.

The Terror Elimination Law, which included the above provisions that were rejected in the Upper House Committee on Foreign Affairs and Defense on the day before, was nonetheless adopted at the plenary of the Upper House today by a very close vote of 120 to 118.

As a result of this impressive outcome, the bill will be continually discussed in the Regular Diet session to be convened next week. It is of great significance that a bill concerning the establishment of a new UN service has been discussed in the National Diet. No other parliament in the world except the United States Congress has done it until now.

Japan has become the second country in the world next to the United Sates to have tabled the establishment of a new standing UN peace service on its parliamentary agenda. We believe Japan’s action will prompt and lead the global community to engage in the discussions to establish such standing UN service, known to our friends by the name of UN Emergency Peace Service.

UNEPS included as an integral part of counter-proposal to the new anti-terror bill

*Click the title above to read the Japanese verison of this release.

The Democratic Party of Japan (DPJ) has announced on Tuesday the outline of their counter-proposal to the new anti-terror law bill that was submitted to the Diet (Japanese parliament) by the ruling Liberal Democratic Party. In their 12-point proposal, the DPJ laid out the fundamental principles of their assistance package for Afghanistan. One of the points in the proposal included a provision on establishing a UN Emergency Peace Service or UNEPS.

On the same day, almost all major Japanese newspaper (including the Asahi, Mainichi, and Sankei) covered the UNEPS inclusion in their breaking-news reports. Most notably, The Sankei Shinbum reported that the proposal included the establishment of basic principles for the authorized use of armed force under Chapter VII of the UN Charter as well as the current National Constitution, and under that basis that Japan "will assume a leadership role in establishing aUN Emergency Peace Service composed of civilian and military personnel for peacebuilding efforts."

An excerpt of the original proposal (with the original footnotes) read as follows:

"Basic principles shall be stipulated for the exercise of use of force in self-defense under the National Constitution as well as the use of force under the collective security provision under Chapter VII of the United Nations Charter.[1] As part of its UN reform effort, Japan will assume a leadership role in establishing a UN Emergency Peace Service or UNEPS.[2]”

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[1] For the exercise of use of force under the collective security provision, the principles laid out in the Responsibility to Protect document adopted as the UN World Summit Meeting Outcome Document on September 2005 shall be stipulated. Accordingly, use of arms provision will be based on internationally accepted standards.

[2] UNEPS (United Nations Emergency Peace Service) is a voluntary civil-military hybrid service under the direct auspices of the UN with individuals participating based on free will.

NDL's Feasibility Report on the UNEPS

The following document is a set of studies conducted by the NDL, the National Diet Library of Japan, under the request of the Office of Senator Tadashi Inuzuka, on the feasibility of the UN Emergency Peace Service initiative from two perspectives: (I) constitutionality, and (II) historical analysis of the UN peace operations concerning the establishment of a standing rapid deployment force composed of willing and capable individuals.

Foreign Affairs and National Defense Division
Research and Legislative Reference Bureau
National Diet Library, JAPAN

November 8, 2006

I. The UNEPS and Article 9

Delivery of funds:

During the 1991 Gulf War, the government has helped deliver the funding for the war with the condition of not having the funds used for supplying arms and ammunition. However, this was a political decision and not due to constitutional constraints. For example, in 1992, the government went ahead to deliver the funding of the operation in Somalia with no precondition while recognizing the potential of it being used for supplying arms and ammunition:

“The ‘use of force' as prohibited in Article 9 of the Constitution is a conceptual terminology for ‘acts of combat' that refers to acts resorting to force. From such perspective, we have thus stated repeatedly on numerous occasions in our government responses that since delivery of funds does not constitute a concept of ‘use of force,’ it does not fall under the category of criterion stipulated in Article 9 that prohibits the use of force, and therefore is constitutional.”

--Statement by Omori Masasuke, then-Director-General of the First Department of Cabinet Legislation Bureau at the Upper House Committee on Cabinet in the 125th National Diet, 8 December 1992.

Provision of bases:

On 16 December 1959, the appeals court for the so-called “Sunagawa” case that dealt with the stationing of the U.S. troops ruled that foreign forces do not constitute a ‘war potential' as stipulated under Section 2 of Article 9:

“The possession of ‘war potential’ prohibited under the applicable clause (note: Section 2 of Article 9), refers to a potential with which the right to control and command are principally exercised by the state, which in turn refers to the state’s war potential. It should be therefore comprehended that foreign services, even though if they are stationed in our soil, would constitute a war potential as mentioned herein.”

--The Grand Bench of the Supreme Court ruling made at 16 December 1959

Japanese national(s) participating in a foreign service based on free will:

“Under the Constitution, Japanese national(s) applying as volunteer servicemen in a foreign military do not pose any constitutional problem, provided that such national(s) will apply for volunteer service based on his/her free will.”

--Statement by Takeo Ohashi, then-Director-General of the Legal Affairs Bureau at the Upper House Special Committee on Peace Treaties and Treaty of Mutual Cooperation and Security between Japan and the United States of America in the 12th National Diet, 29 October 1951.

However, it must be noted that this statement does not consider the possibility of state’s involvement in some form in the recruitment of volunteers.

II. Individual Participation in UN Peace Operations

1. UN Guard Force initiatives

A pre-PKO proposal made by then-Secretary General Trygve Lie in 1947

Characteristics:

• SG responsible for recruitment
• Utilization can be delegated to the Security Council or the General Assembly
• Deployed under the provisional measures of Article 40 of the Charter for; residential referendum under UN auspices, fulfillment of peace agreement, protection of UN missionaries, and policing mandates under international governance, etc.
• Intended initial size of troops to be at 800 with up to maximum of few thousand, 300 of which will be active personnel and 500 would be reserves stationed back in the originating state.
• The personnel status of the contingent will be a 'UN Secretariat employee'.

Reactions:

• Former-Soviet Union states insisted that the Security Council can only have its own forces for disposal under Article 43 and otherwise illegal
• Other states critical for financial reasons and due to concern of possible clashes with the local military

2. Post-90’s initiative

Several rapid deployment initiatives were proposed from the failures of Somalia and Rwanda to establish a permanent UN force, i.e., proposal by then Secretary General Sir Brian Urquhart in 1993 and proposal by the Netherlands in 1995 (UN Doc.A/49/886-S/1995/276).

Characteristics (background, merits/demerits):

• Increase in internal conflicts and humanitarian intervention
• Need for rapid deployment to prevent deterioration of conflict situations
• Expectations in its interoperability, effectiveness, and political neutrality for its permanent nature
• Logistic transports would be dependent on big states like the U.S.
• The idea is not necessarily excluded from the Charter but are not inclusive
• Some states prefer that UN does not retain its own armed forces
• Cost-wise, it would be lower than the expenses incurred for Rwanda
• Problem of right personnel being appointed to right positions
• There are criticisms that this might ignite the revival of mercenaries. But conventional wisdom rules that having states voluntarily contribute their troops is more problematic
• Gaps in decision-making between North and South. Some Southern states with less opportunities to intervene may consider the proposal as neo-colonialist approach
• Quantitative gap for selectivity of involvement; analyses of relationship between situations and troop sizes to be contributed, necessity of regional organization forces, etc.

Source: Kinloch “Utopian or Pragmatic?” International Peacekeeping, Vol.3 No.4 (Winter 1996)