information about Fukushima published in English in Japanese media info publiée en anglais dans la presse japonaise
10 Décembre 2014
December 10, 2014
http://ajw.asahi.com/article/behind_news/politics/AJ201412100059
THE ASAHI SHIMBUN
After the Abe administration sought public opinion about the state secrets protection law, concerns, complaints and outrage poured in.
Some feared authorities would abuse their power to conceal inconvenient information. Others cited potential invasions of privacy. And one common complaint from the people was that they had no idea what specific information could land them in prison.
But if Prime Minister Shinzo Abe and his government have done anything to alleviate those concerns in the year since the law was enacted, those measures must have been kept secret from the public. About the only noticeable change is the inclusion in operating guidelines that “the right to know will be respected.”
Amid public protests and persistent concerns about the future of Japan’s democracy, the state secrets protection law went into effect on Dec. 10.
Now, people who leak state secrets in four broad areas--defense, foreign affairs, counterespionage and preventing terrorism--face stiffer punishments.
Civil servants and employees of private-sector companies contracted by the government could be imprisoned for up to 10 years for leaking state secrets. The maximum prison term for journalists and even citizens is five years if they are convicted of encouraging “in an inappropriate manner” those handling such secrets to leak the documents.
The vague standards used in designating state secrets in 55 areas were cited as a big problem with the law. Those areas include “training and military exercises by the Self-Defense Forces” and “protection of the lives and bodies of the public.”
Documents can be designated as state secrets for up to 60 years, but the period can be further extended for encrypted information.
Another sticking point was the weakness of the oversight function in checking if state secrets are being designated appropriately.
An individual who served as a prosecutor is expected to fill the post of “independent public document inspector” set up under the Cabinet Office.
The leaders of administrative bodies can designate state secrets. But the inspector will not have the authority to force the administrative bodies to submit information related to such designations.
The public raised an obvious question: How can an inspector decide if state secret designations are being conducted in an appropriate manner if the inspector lacks access to such information?
An association of psychiatrists raised concerns about another aspect of the law: the mandatory evaluations for all people who handle state secrets. The evaluations will look into the criminal records, psychological problems, drinking habits and loan situation of those individuals. In addition, the names, nationalities and addresses of family members and those living with the individuals will be checked.
The association said looking into the psychological background of individuals could constitute an invasion of privacy and other rights.
The law was enacted last year through the support of the ruling Liberal Democratic Party and junior coalition partner Komeito.
Abe has effectively asked the public to trust the government to do the right thing. He emphasized the law is needed to protect Japan and its people.
However, his LDP and Komeito have not touched upon the law in their campaign platforms for the Dec. 14 Lower House election.
The opposition Democratic Party of Japan has pointed to the insufficient oversight of the state secret designation process by the Diet and other bodies.
The Japanese Communist Party and Social Democratic Party have called for abolishing the law.
(Ryota Kyuki contributed to this article.)
http://ajw.asahi.com/article/behind_news/politics/AJ201412100049
THE ASAHI SHIMBUN
Organizations representing journalists, legal experts and the entertainment industry issued statements calling for the abolishment of the state secrets protection law that they say will trample on the people’s right to know.
The law, which took effect Dec. 10 and carries prison terms for people involved in leaking secret information, has also been the target of public protests.
Prime Minister Shinzo Abe has said the law is needed to protect national security and interests. However, critics say the vaguely worded law leaves open the definition of what specifically constitutes a state secret and also lacks proper oversight to prevent abuse from authorities.
The Japan Congress of Journalists’ statement issued on Dec. 9 said the law would “cover the people’s eyes, ears and mouth and usurp their freedom of the press and speech.”
The statement listed a number of problems with the law: the range of documents classified as state secrets could expand without limit; the government can continually extend the period a document is classified as a state secret; and journalists and human rights activists could be punished under the law.
The Japan Civil Liberties Union, consisting of lawyers and legal scholars, issued a statement on Dec. 8 protesting the law because “it inappropriately restricts citizens’ right to know.”
Under the law, the heads of administrative bodies effectively designate what they think should be state secrets. The union’s statement said the law lacks sufficient functions to ensure that such information is appropriate for classification as a state secret. The statement also criticized the law’s stipulation that citizens can be punished if they abet in the leaking of state secrets.
A group of individuals connected with the movie industry, including directors Yoji Yamada and Isao Takahata, also issued a statement Dec. 9 calling for the law’s annulment.
“Rather than a society where state secrets expand in number, we hope for a Japan in which the spirit of democracy can thrive through information disclosure,” the statement said.
The statement also touched upon the history of the movie industry before and during World War II when the government forced the production of movies that supported Japan’s war effort.
The statement was made “from a strong feeling of creating a society that never again goes to war and to never again be complicit in the production of movies that stir up war sentiment.”
Others in the entertainment business, including musicians and actors such as Sayuri Yoshinaga, joined the group.
The Japan Federation of Commercial Broadcast Workers' Unions issued a statement on Dec. 10 that calls for abolishing the law because of concerns it could lead to major barriers to reporting. The statement described the law as “an anachronistic attempt at press control.”
Kyodo, Bloomberg
Japan’s controversial state secrets law came into effect Wednesday as hundreds of demonstrators took to the streets, saying the measure undermines the public’s right to know and demanding that it be scrapped.
More than 300 protesters, including roughly 100 journalists, gathered in front of the prime minister’s office in Tokyo’s Chiyoda Ward, chanting slogans like “We oppose the secrecy law for going to war” and “Information belongs to citizens.”
We’ve seen more and more pressure on media organizations that are critical of the administration,” said Seigo Arasaki, who heads the Japan Federation of Newspaper Workers Unions, known as Shimbun Roren. “We will monitor how the law will be applied, and raise questions,.”
Under the law that cleared the Diet in December 2013, the heads of 19 government ministries and agencies can now designate as state secrets information deemed to be sensitive in the areas of diplomacy, defense, counterterrorism and counterespionage.
A recent Kyodo News survey covering the 19 government offices showed the number of state secrets will likely be around 460,000.
Civil servants or others who leak the secrets will face up to 10 years in prison, and those who instigate leaks, including journalists, will be subject to a prison term of up to five years.
Prime Minister Shinzo Abe, who established the National Security Council to speed up decision-making on diplomacy and defense, has said the law will help Japan to promote exchanges of sensitive information with other countries and forge closer ties with them.
State secrets are defined in 55 categories, including information about the development of submarines, aircraft, weapons and ammunition. Intelligence and images obtained via radio waves and satellites and provided by foreign governments and international organizations could be withheld from the public.
The initial five-year-designation period for a state secret can be extended for up to 30 years. But state secrets can be classified for a maximum 60 years if approved by the Cabinet for security reasons.
The law takes effect just as Abe appears to be seeking greater influence over the nation’s media, according to Koichi Nakano, a professor of political science at Sophia University in Tokyo.
The LDP sent a letter to Japan’s five biggest broadcasters last month to demand “neutral” reporting on the election. Abe told reporters on Dec. 1 he didn’t order the party to send the letter, though he hoped the election would be covered “fairly and impartially.”
The Japanese Federation of Bar Associations said on its website the new act opens the door to the government arbitrarily designating secrets.
“The definition of secret is very vague, and people, including myself, are wary of misuse,” said Kaori Hayashi, a professor at Tokyo University’s Graduate School of Interdisciplinary Information Studies.
The Japan Newspaper Publishers and Editors Association said in a Dec. 8 statement the maximum sentence for leaks was too harsh and could damage reporting activities and the public’s “right to know.”
Criticism has also been directed at the absence of an independent watchdog, as oversight entities will be placed under government control.
To ease such public concerns, the Cabinet approved guidelines on the handling of state secrets, pledging that it will keep “the minimum amount of information as secrets for the shortest period of time possible” as the public’s right to know should be “greatly respected” in a democratic society.
“We will make sure that the people’s right to know will not be hurt,” Chief Cabinet Secretary Yoshihide Suga said on Tuesday.
It has been revealed, meanwhile, that the Cabinet Intelligence and Research Office, which holds jurisdiction over the secrecy law, had warned government offices in 2011 that people who have studied or worked abroad have a higher risk of leaking state secrets.
Under the secrecy law, security clearance is required for officials to handle state secrets, and the government will set up hotlines so officials can report suspicions about arbitrary classification or declassification of state secrets.
The prime minister is also required to make an annual report to the Diet on the designation, safeguarding and disclosure of state secrets.
After the passage of the secrecy bill last year, Japan fell six places to 59th out of 180 nations in Reporters Without Borders’ 2014 World Press Freedom Index, below such nations as Serbia and Botswana.
“Investigative journalism, public interest and the confidentiality of journalists’ sources are all being sacrificed by legislators bent on ensuring that their country’s image is spared embarrassing revelations,” the group said.
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