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TERROR WARS
Japan's security bills threaten constitution: legal experts
by Staff Writers
Tokyo (AFP) June 15, 2015


Thousands rally against Japan PM's security bills
Tokyo (AFP) June 14, 2015 - Thousands of Japanese rallied Sunday in protest at plans by Prime Minister Shinzo Abe to bolster the role and scope of the pacifist nation's military.

The protest which surrounded the parliament building was held as the nationalist premier tries to force through parliament a set of controversial bills making the changes.

The bills are a pet project of Abe, who says Japan can no longer shy away from its responsibility to help safeguard regional stability, and must step out from under the security umbrella provided by the United States.

The draft legislation would broaden the remit of Japan's well-equipped and well-trained armed forces.

It would allow them to go into battle to protect allies -- so-called "collective defence" -- something which is banned by a strict reading of Japan's pacifist constitution.

Opponents of the bills accuse Abe of trying to move the country away from pacifism, while three scholars summoned to parliament testified this month that the bills are unconstitutional.

Japan's constitution was imposed by US occupying forces in the aftermath of World War II, but its war-renouncing Article Nine is held dear by many people.

"Don't destroy Article 9," read banners at the rally, which organisers said attracted some 25,000 people.

The legislation, which would overhaul 10 security-related laws and create a new one, would also pave the way for the military to deploy abroad on non-combat missions such as disaster relief and UN peacekeeping missions.

Revisions include removing geographical constraints on logistical support for friendly forces in "situations that would significantly affect Japan's security".

They also say Japan can defend allies "in situations where there is a clear risk that Japan's existence is threatened and its people's rights... are compromised through an attack on a country which has a close relationship with Japan".

Legislation that would allow Japan's military to fight in defence of allies is unconstitutional, legal experts said Monday, as opposition to Prime Minister Shinzo Abe's pet project grows.

Two of Japan's foremost constitutional experts told journalists that the bills, which are currently being debated in parliament, must be withdrawn because they risked undermining the country's avowed pacifism.

"The government should retract the bills, because the core element of the bills -- allowing the use of collective self-defence -- is manifestly unconstitutional," Yasuo Hasebe, professor of constitutional law at Waseda University, told reporters.

"It is quite likely that the bills could bring about the entanglement of (Japan's armed forces) in unconstitutional foreign military activities."

Abe, a robust nationalist, has pushed for what he calls a normalisation of Japan's military posture. He has sought to loosen restrictions that have bound the so-called Self-Defense Forces to a narrowly defensive role for decades.

But unable to muster the public support to amend the constitution imposed by the United States after World War II, Abe opted instead to re-interpret it, and proposed legislation that allows the military greater scope to act.

Chief amongst the changes is the option for it to go into battle even if there is no direct threat to Japan or its people, something successive governments have ruled out.

Washington, which for 70 years has been the guarantor of Japan's security, has welcomed the move, which to many foreign eyes seems relatively uncontroversial.

However, it has proved deeply unpopular among academics and Japan's public, who are deeply wedded to the commitment to pacifism.

Setsu Kobayashi, professor emeritus of Keio University, said passing laws that violated the letter of the constitution was a slippery slope.

"What's scary is that should the political practice of violating the constitution go unchallenged, this country could become something similar to North Korea," he said.

"If we follow Mr Abe's instructions, Japan's Self-Defense Forces would become second-class US troops and as a result Japan would get hurt," he said.

Hasebe and Kobayashi testified to parliament this month that the bills are unconstitutional.

The Monday comments came a day after thousands of Japanese rallied in protest against the plans, accusing Abe of trying to move the country away from pacifism.

The legislation, which would overhaul 10 security-related laws and create a new one, includes removing geographical constraints on logistical support for friendly forces in "situations that would significantly affect Japan's security".

It also says Japan can defend allies "in situations where there is a clear risk that Japan's existence is threatened and its people's rights... are compromised through an attack on a country which has a close relationship with Japan".


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