"
Japan has enacted a controversial secrecy law, despite increasing opposition from the public. Under the new law, there are harsher sentences, including prison term of up to 10 years for public servants and others who have access to sensitive information, a protocol similar to the U.S. In addition, there will be five years of imprisonment for the journalists in the country if the state detects the use of "grossly inappropriate" means to acquire state secrets. Authority is given to officials in Japan's Ministries to designate state secrets in four categories that are: Defence, Diplomacy, Counterterrorism and Counterespionage. Under this classification, information is kept secret for 60 years or longer. The bill is quite similar to the "Public Order Reservation Law" enacted in 1925, under which anyone in imperial Japan who voiced a dissenting view against the government, was arrested.
A clause in the law states that a citizen will be penalised with a prison sentence if he uses "inappropriate methods" to encourage a bureaucrat in divulging information considered secret. There will be a thorough investigation on government employees and contractors entrusted with state secrets, along with their families and relatives. Under this new law, all personnel, including government employees, contractors and their families entrusted with keeping state secrets, will be investigated on drug and alcohol abuse, mental states and financial institutions. In addition, political views of above-mentioned personnel will also be verified. In defence of the law, the lawmakers insist that it will not target journalists or average citizens seeking information requests. "It states that these information-gathering activities are only subjected to penalties if the person is trying to get this kind of information on behalf of a foreign government, engaging in spying opportunities, or perhaps trying to work on behalf of a terrorist organisation.
According to the government, the new law is essential for the full integration of the Japanese military and intelligence agencies with the US-led "Pivot to Asia" and the military containment of China. Washington has pressed for the tighter control of information for years, withholding intelligence from the Japanese government, or sharing it only with the Japanese Defence Ministry, where a stricter regime already applies. Chapter 1 of the Bill states that-"Increasing complex international security makes for growing importance of securing information related to national security". Prime Minster Shinzo Abe says the secrecy law is necessary so that all government departments follow a uniform rule. The legislation got enacted amid the politically explosive disclosures of the US National Security Agency's vast spying operations by American whistleblower, Edward Snowden. The Japanese government is clearly determined to prevent similar damaging leaks. Even before the enactment of the law, the amount of information eventually made public was miniscule. According to the New York Times, the Japanese Defence Ministry destroyed some 34,000 documents at the end of their classification period between 2007 and 2011. Only one was publicly released, a move aimed at muzzling the media.
The bill forms a part of Prime Minister Shinzo Abe's broader push to strengthen Japan's defence policy in the face of China's military assertiveness. It was passed less than two weeks after an air defence zone was established by China over a large swathe of the East China Sea that is a part of the islands that are at the heart of a territorial dispute between Asia's two biggest economies. The law will strengthen Japan's security alliance with the U.S., which has pushed for stricter controls on information to bolster intelligence sharing. Abe has also set up a National Security Council modelled on the NSC in the U.S., as part of his security push to better coordinate defence policies. Abe is considering reinterpreting the U.S. imposed pacifist constitution so that he is able to use the country's defence forces, more freely. The U.S. officials have welcomed the secrecy bill and support Abe's push for collective self- defence.
The public outcry towards this bill has been quite intense. It is seen as unrestricted power to the executive body to designate a broad range of information as secrets. There is less opportunity for the involvement of any independent body, absence for checks and balances and there is no effective way to ensure that the executive is not abusing its power. It will violate the rights of people to access information, severely punish whistleblowers and have a disturbing effect on journalism. The public is also angry about the fact that the government opened the bill for public comment for only two weeks, as opposed to the normal practice of a full month. There is an independent body of legal experts who advise the Prime Minister for creation of guidelines regarding the designation of secrets and they receive an annual report on implementation of the law. But the Prime Minister only provides this panel with a simple outline stating the number of pieces of information that have been designated secret by category. There is lack of clarity as to how this panel operates, and how much power it actually has. Opponents of the bill compare this law to the infamous National Defence Public Security Act of 1941, which was used by the government to jail opponents of the war effort .
In the larger picture, this law is seen as an extension of Prime Minister Shinzo Abe's nationalistic policies. Mr Abe and his political party, the Liberal Democratic Party, seem to pursue policies that move away from the pacifist nature of Japan's constitution and offer the Prime Minister and his cabinet more space to operate independently of the Diet. PM's policy aims are well supported by the recent enactments of the National Security Council, expanding role of the Japanese Special Defence Force, increasing Prime Ministers Functions and the Secrecy Law.
(The writer is a Research Intern at Observer Research Foundation, Delhi)
"
The views expressed above belong to the author(s). ORF research and analyses now available on Telegram! Click here to access our curated content — blogs, longforms and interviews.
PREV
