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Cabinet approves guidelines on state secrets law

October 15, 2014

Abe Cabinet gives OK to state secrecy law guidelines

http://ajw.asahi.com/article/behind_news/politics/AJ201410150036

THE ASAHI SHIMBUN

The Cabinet approved guidelines on the handling of state secrets and set Dec. 10 for a controversial secrecy law to take effect amid protests and concerns that the public's right to know is being whittled away.

Under the operating standards decided on Oct. 14, state secrets fall within four broad areas: defense, foreign affairs, counterespionage and preventing terrorism.

The heads of 19 ministries and agencies, such as the National Security Council, Cabinet Secretariat, Nuclear Regulation Authority and Defense Ministry, would have the authority to designate state secrets.

Civil servants and employees of private-sector companies contracted to work with the government who deliberately leak state secrets could face up to 10 years imprisonment.

A new post to be established in the Cabinet Office of "independent public document inspector" would check whether the designation of state secrets was being conducted appropriately. The inspector would serve as a liaison for whistle-blowers.

The inspector will have the authority to peruse material to be categorized as state secrets and request it be declassified if it is decided the designation was made inappropriately. However, ministers could still refuse to both submit documents to the inspector and declassify the material.

The central government solicited public comment on the operating guidelines for a one-month period until late August. A total of 23,820 opinions were submitted and that led to 27 revisions in the operating guidelines. One change made was to review the guidelines five years after they take effect.

Despite that input, protests were held in major cities after the Abe Cabinet approved the guidelines.

In Tokyo, about 60 people gathered in front of the Prime Minister's Official Residence on the evening of Oct. 14.

Aya Tanaka, a 28-year-old part-time worker who joined the protest, said, "The Cabinet is simply allowing ministers and bureaucrats to handle information as they please and ignoring the danger of not allowing citizens to decide the pros and cons of such action."

About 50 people who gathered in front of the building housing the Osaka prefectural chapter of the ruling Liberal Democratic Party carried placards with the kanji character for "anger" written in red.

The placard was created and distributed by Kimiko Nanba, a 53-year-old company employee who wanted a memorable symbol to convey her fears about the legislation.

"I will continue speaking out against the state secrets protection law," she said.

Various organizations issued statements on Oct. 14 to denounce the law.

One released in the name of Susumu Murakoshi, president of the Japan Federation of Bar Associations, called for the law to be abolished, saying it jeopardized democracy and the people's right to know.

It said the range of information subject to designation as a state secret was too wide and noted there was no legal guarantee that state secrets would ever be released. The statement said there was insufficient authority and independence of a third-party organ to oversee the designation of state secrets.

The federation had called for giving the independent public document inspector the authority to release all state secrets, but that request was rejected. That led the federation to accuse the central government of not giving sufficient consideration to a structure to prevent the arbitrary designation of state secrets.

The Japan Commercial Broadcasters Association also issued a statement that said major problems remained in key elements of the law and that the concerns of the public and media organizations had not been adequately addressed.

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