information about Fukushima published in English in Japanese media info publiée en anglais dans la presse japonaise
15 Octobre 2014
October 15, 2014
http://mainichi.jp/english/english/perspectives/news/20141015p2a00m0na004000c.html
The Cabinet has approved operational guidelines for the state secrets protection law and a government decree that brings the law into effect on Dec. 10. Yet concerns remain over the new law's bearing on the public's right to know.
The operational standards were drafted in July, but the draft left room for administrative bodies to arbitrarily designate information as state secrets and limited the authority of the law's overseers. When the government solicited public comments, it received a large number of opinions critical of the law, including calls to abolish the legislation altogether.
Under the secrecy law, heads of administrative organs can designate state information on defense, diplomacy and other issues as "special secrets."
Since the law could be abused to cover up information that the government deems inconvenient, we have called for a system to effectively monitor and check the operation of the legislation, and prevent any inappropriate designation of secrets. But the operational guidelines that were approved on Oct. 14 have made only minor revisions to the draft, meriting no credit.
The guidelines stipulate that a new post of "independent public document control officer" will be created to head the "information security oversight office" to be set up within the Cabinet Office. However, even if the control officer encounters inappropriate designation of secrets and requests the disclosure of information and the provision of documents, ministries and agencies can decline the request if they determine that disclosure could be detrimental to national security.
In the United States, the director of the Information Security Oversight Office stands in a highly independent position with authority, and can order administrative bodies to declassify information. However, the "independent public document control officer" to be appointed in Japan wasn't granted greater power when the guidelines were revised. The officer is ranked below the position of director-general, at the councillor level. It is questionable whether a figure in this position can serve as a watchdog. Since the post is regarded as an independent position, there has been strong opposition to the appointment of officials on loan from other administrative bodies as staff in the information security oversight office. But such views have been brushed aside in the amendment.
There have also been strong calls to improve the whistle-blowing system for public servants to report any illegal or inadequate designation of secrets. However, the guidelines state that civil servants must summarize the content of secrets in reporting any irregularities, which raises questions about the effectiveness of the system.
Furthermore, there is no remedy system for civil servants who receive unfair treatment for whistle-blowing. But there have been no amendments to the guidelines in this regard.
In addition, ministries and agencies can destroy declassified documents if 30 years or less have passed since their classification and the prime minister gives his consent. This could make it impossible to verify documents in later years.
We once again express opposition to enforcement of the law without sufficient respect for the democratic principle of disclosing state information to the public. In the meantime, it bears mentioning that the role of news organizations entrusted with fulfilling the public's right to know remains unchanged even after the law comes into effect.
At the Liberal Democratic Party's General Council meetings last week, many participants pointed out the government's lack of explanations about how to protect the public's right to know and defend freedom of the press and news gathering. Initially adoption of the draft guidelines was postponed, but they were approved at a later meeting, without addressing public concerns.
The draft guidelines should have been put to thorough debate during the Diet deliberations on the bill last year. Lawmakers are urged to exert their efforts in clarifying and reviewing the problems in the secrecy law's operational guidelines during the ongoing extraordinary session of the Diet.
October 15, 2014(Mainichi Japan)