October 28, 2015

The central government on October 27 circumvented the Administrative Appeal Act to invalidate the revocation made by Okinawa Governor Onaga Takeshi in regard to the former governor’s approval of Henoko landfill work.

The state authorities again clarified their position that they will move ahead with the construction of a new U.S. base in Henoko, no matter what.

The Abe Cabinet also decided to coercively carry out local administrative operations regarding the Henoko issue overstepping the governor’s authority based on the Local Autonomy Act.

This is a clear abuse of relevant laws. The central government seems ready to clamp down on local protests against the new base construction.

Following the state decision to annul the cancellation of the Henoko reclamation permit, the work related to the building of the U.S. base will be restarted. However, the Okinawa government said it will immediately make a request to a third-party organ, the Central-Local Government Dispute Management Council, to examine the legality of the state decision.

A legal fight between Okinawa and Tokyo will be inevitable over the two laws concerned: the Administrative Appeal Act and the Local Autonomy Act.

The Local Autonomy Act allows involvement by the state in resolving disputes between central and local governments. If the state intervention is rejected, the central government can bring the case to court and eventually exercise its authority over that of governors.

Past related articles:
> Administrative law researchers call for dismissal of defense bureau’s claim against Okinawa governor [October 26, 2015]
> Okinawa governor to land minister: defense bureau’s claim should be dismissed [October 22, 2015]
> Defense bureau files complaint against Okinawa governor’s decision [October 15, 2015]
> Okinawa Governor cancels landfill approval for US base construction in Henoko [October 14, 2015]