September 17, 2016
The Naha branch of the Fukuoka High Court on September 16 gave a ruling in favor of the central government’s claim that it is illegal for Okinawa Governor Onaga Takeshi to refuse to follow Tokyo’s demand to retract his cancellation of the approval for the reclamation work in Nago’s Henoko district to build a huge U.S. base there.
This is the first court ruling over the Henoko base issue. In the lawsuit, Onaga and his government have argued that the former governor’s approval for the landfill work is illegitimate because it failed to meet requirements prescribed by the Public Water Area Reclamation Law.
The court decision states that affairs of diplomacy and national security are the national government’s “primary duty” and that Tokyo’s decisions and instructions “should be respected”. It goes on to note that in order to eliminate risks associated with the U.S. Marine Corps Futenma Air Station located in the middle of residential areas in Okinawa’s Ginowan City, there is no option but to “relocate” the air base to the coastal district of Henoko. The ruling concludes that Onaga’s predecessor’s permission for the reclamation work is lawful while acknowledging the possibility of environmental destruction caused by the work and taking note of the strong local opposition to the construction project.
This judgment is perfectly in line with the Abe administration’s claim that the planned relocation to Henoko is the “only option”, denying democracy and local autonomy.
Later in the day, Governor Onaga said at a press conference in the prefectural office building, “I’m dumbfounded at the ruling. In terms of separation of powers, this decision can lead to serious problems in the future.”
Onaga condemned the decision for being completely one-sided, making light of local autonomy, and trampling on Okinawans’ rights.
The governor stressed, “With firm determination to block the Henoko base construction, I’ll continue working together with the general public.”
Past related article:
> Tokyo again sues Okinawa over Henoko base issue [July 23, 2016]
This is the first court ruling over the Henoko base issue. In the lawsuit, Onaga and his government have argued that the former governor’s approval for the landfill work is illegitimate because it failed to meet requirements prescribed by the Public Water Area Reclamation Law.
The court decision states that affairs of diplomacy and national security are the national government’s “primary duty” and that Tokyo’s decisions and instructions “should be respected”. It goes on to note that in order to eliminate risks associated with the U.S. Marine Corps Futenma Air Station located in the middle of residential areas in Okinawa’s Ginowan City, there is no option but to “relocate” the air base to the coastal district of Henoko. The ruling concludes that Onaga’s predecessor’s permission for the reclamation work is lawful while acknowledging the possibility of environmental destruction caused by the work and taking note of the strong local opposition to the construction project.
This judgment is perfectly in line with the Abe administration’s claim that the planned relocation to Henoko is the “only option”, denying democracy and local autonomy.
Later in the day, Governor Onaga said at a press conference in the prefectural office building, “I’m dumbfounded at the ruling. In terms of separation of powers, this decision can lead to serious problems in the future.”
Onaga condemned the decision for being completely one-sided, making light of local autonomy, and trampling on Okinawans’ rights.
The governor stressed, “With firm determination to block the Henoko base construction, I’ll continue working together with the general public.”
Past related article:
> Tokyo again sues Okinawa over Henoko base issue [July 23, 2016]
