May 26, 2011
A local party in Osaka headed by the prefectural governor on May 25 submitted a bill to the prefectural assembly for an ordinance obliging teachers at public schools in the prefecture to stand up and sing in unison when the “Kimigayo” (May the emperor raign forever) is played.
If the bill is approved at the assembly, where this local party “Osaka Ishin-no-Kai,” has more than half of the seats, the first ordinance in the country on an obligatory “Kimigayo” will come into effect.
The bill has no penalty clauses against offenders, but Osaka Governor Hashimoto Toru intends to enact another ordinance in September to dismiss teachers who did not stand up and sing the song.
People throughout the prefecture, along with teachers and parents are increasingly expressing opposition to the bill, denouncing it as unconstitutional and expressing concern that the obligation may also be extended to students.
The Osaka Prefectural Bar Association on May 24 published a statement in its president’s name opposing the Ishin-no-Kai’s submission of the bill.
The statement reads: To compel teachers to stand up during the singing of “Kimigayo” and to penalize offenders is an infringement on the freedom of teachers’ thought and creed, which is in violation of the Constitution.
The statement also states that for a local government to force teachers to stand and sing is not only against Article 94 of the Constitution limiting the right of a local municipality to enact ordinances but also against Article 16 Section 1 of the Fundamental Law of Education stipulating elimination of any unjust control on education. It expresses a concern that the ordinance would result in excessive control on education.
If the bill is approved at the assembly, where this local party “Osaka Ishin-no-Kai,” has more than half of the seats, the first ordinance in the country on an obligatory “Kimigayo” will come into effect.
The bill has no penalty clauses against offenders, but Osaka Governor Hashimoto Toru intends to enact another ordinance in September to dismiss teachers who did not stand up and sing the song.
People throughout the prefecture, along with teachers and parents are increasingly expressing opposition to the bill, denouncing it as unconstitutional and expressing concern that the obligation may also be extended to students.
The Osaka Prefectural Bar Association on May 24 published a statement in its president’s name opposing the Ishin-no-Kai’s submission of the bill.
The statement reads: To compel teachers to stand up during the singing of “Kimigayo” and to penalize offenders is an infringement on the freedom of teachers’ thought and creed, which is in violation of the Constitution.
The statement also states that for a local government to force teachers to stand and sing is not only against Article 94 of the Constitution limiting the right of a local municipality to enact ordinances but also against Article 16 Section 1 of the Fundamental Law of Education stipulating elimination of any unjust control on education. It expresses a concern that the ordinance would result in excessive control on education.
