Japan Press Weekly

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2022 September 21 - 27 [POLITICS]

Politically-motivated, calculated 'state funeral' is incompatible with rule of law

Akahata editorial (excerpts)

In defiance of increasing public criticism, Prime Minister Kishida Fumio will hold a "state funeral" for former Prime Minister Abe Shinzo today, using about 1.66 billion yen of tax money.

Present-day Japan has no law concerning state funerals. Before and during WWII, Japan had a state funeral edict which was established in 1926 under the former Constitution of the Empire of Japan. Based on this decree, state funerals took place for the Emperor, members of the imperial family, and "those who accomplished great deeds for the state". State funerals during the Asia-Pacific War, including the one for Admiral Yamamoto Isoroku who was killed in war, were means of boosting national pride and unifying the nation.

The state funeral edict became void with the 1947 enforcement of the postwar Constitution. The government suggests that this was because the edict in question "has a nature to be inconsistent with the spirit of the present Constitution" (The Cabinet Legislation Bureau, 2017).

The only state funeral carried out after WWII was in 1967 for former PM Yoshida Shigeru. PM Sato Eisaku who held the funeral at that time faced a storm of public criticism for ordering the state funeral. The Cabinet has since held joint funerals with the ruling Liberal Democratic Party for late prime ministers on the grounds that there is no legal basis for state funerals.

Why is it that PM Kishida intends to revive the state funeral ceremony now after the 55-year absence? It is because Abe served the longest in office - this is the explanation PM Kishida has given. However, he does not give the general public a rational explanation why only Abe is given special treatment and why Abe's funeral should be funded with taxpayer money.

PM Kishida at a House of Representatives' Rules and Administration Committee meeting on September 8 said that there is no need for state funerals to have a legal basis. He added that the government judges in a comprehensive manner each time if a state funeral should be held, and that this is "what state funerals are supposed to be".

In short, PM Kishida says that it will be the prime minister or the ruling party who can decide from political motivations and calculations on whether to hold a state funeral. This is totally incompatible with the rule of law.