Constitution Day is when we resolve never to go to war -- Akahata editorial, May 3

This year's Constitution day on May 3 coincided with the government bills on contingency legislation being submitted to the Diet for the first time since the end of WWII.

The bills state that the people "are requested to make efforts to cooperate with wars." Aimed at establishing a "war fighting nation," they call for controlling the freedom and rights of the public in order to force them go to war.

Prime Minister Koizumi Jun'ichiro is zealous for the wartime bills to be enacted within the current Diet session (to be closed on June 19).

Public opinion and movements are rapidly developing in opposition to the government bills.

Meetings against the war bills are being held at various places on Constitution Day, focusing on the need to reaffirm the significance of the Constitution.

Contingency bills are unconstitutional

In his April 16 statement following the cabinet's approval of the contingency bills, P.M. Koizumi has repeatedly stressed that these are bills aimed at Japan being able to deal with "a national emergency situation."

In foreign countries, however, contingency laws enacted under the pretext of "dealing with emergencies" have actually been implemented as a means to carry out wars of aggression or domestic repression of the people.

But categorically, there is no room for the Constitution to allow any laws to set out measures to deal with national emergencies and to go to war.

Asked at the constitutional assembly session if constitutional rights could be suspended temporarily in the event of emergencies, the government clearly dismissed such a supposition, saying that no one can deny the possibility that such government actions might lead to destroying the Constitution.

Drawing lessons from the Imperialist government which under a general mobilization law had forced the people to cooperate with the war of aggression, the existing constitution stipulates that "never again shall we" go to war, and "the right of belligerency of the state will not be recognized." This means that the wartime legislation is completely unconstitutional.

In an attempt to recover the argument rejected by the constituent assembly, P.M. Koizumi is advocating that the contingency bills are "within the realm of the Constitution" and designed only to "deal with emergencies." But this claim can hardly be accepted, because the contingency bills will deny fundamental human rights stipulated in the Constitution as "eternal and inviolate rights."

With the excuse that the "public welfare" must be given priority, the prime minister is attempting to convince the public to accept state control of their rights. (Article 12:The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.--ed.)

However, it is the "absolute" requirement for the Constitution to guarantee the freedom of the public, and no one can be allowed to "limit the freedom under the pretext of the 'public welfare'," according to an annotation of the Constitution published by the Jurisprudence Association.

To what kind of war is the government going to mobilize the people?

The bills are designed to deal with an armed attack against Japan, but where will the "attack" come from? Prime Minister Koizumi couldn't answer this question. Even the foreign minister said that there is no probability of an armed attack from outside.

This has made it clear that the purpose of the contingency legislation is to make Japan cooperate with the U.S. in its interventionist wars in Asia.

Such legislation goes against the Constitution, which declares that "sovereign power resides with the people" and that the "laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations."

The Constitution is supported by an overwhelming majority of the people. None of the people are calling for a change in the Constitutional principles of people's sovereignty and a nation's sovereignty, a permanent peace, basic human rights, parliamentary democracy, and local self-government.

The emergency legislation the government has submitted to the Diet reneges on all these principles.

This is why a broad range of the people, irrespective of their political affiliation, are taking part in the struggle against the contingency legislation.

Let's change politics to give life to constitutional values

The Japanese Constitution has advanced characteristics which we can be proud of.

One example is that the Constitution ensures that all people shall have the right to maintain the minimum standards of wholesome and cultured living and obliges the government to endeavor to promote and extend social welfare and security.

The Koizumi Cabinet, seeking to destroy the Constitution, is quickly losing popularity among the people, and with it the power to steer politics.

Let's get the war nation bills scrapped and take a chance to realize a political climate in which the Constitution's values are fully respected. (end)