Japanese Prime Minister Fumio Kishida wants to promote constitutional reform in Article 9 of the Constitution, which restricts the use of military force, after his party’s victory in the legislative elections.
It was one of the main political platforms of Shinzo Abe, the former prime minister of Japan, who was assassinated this month. And now there is a chance for that to happen.
Following a resounding victory in Japan’s legislative elections this week, Prime Minister Fumio Kishida announced plans to promote a Constitutional reform and deepen the debate on measures needed to “substantially strengthen” the country’s defenses in a challenging security environment.
The reform proposal, unsuccessfully championed by Abe for years, would mark the first amendment to the Japanese Constitution since its proclamation in 1947. The government wants to change the symbolic Article 9, whose text states “The Japanese people give up forever”. war as the sovereign right of the nation, and threat or use of force as a means of resolving international disputes”.
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Although the initiative is supposedly aimed only at maintaining the constitutionality of the Japan Self-Defense Forces (as the country’s military forces are known), it arouses resistance inside and outside the country.
So why does reform spark controversy?
historical change
“To understand the meaning of the Constitution in Japan, it is important to go back to the history of this country after World War II. The US occupation authorities helped write the post-war Constitution that became law in 1947,” says John Nilsson. Wright, Professor of Japanese Politics and International Relations at the University of Cambridge, to BBC News Mundo (the BBC’s Spanish news service).
“This Constitution has not been amended or altered once since it was first introduced, and is viewed by many conservatives in Japan as something foreign, right or wrong, and does not serve as a sovereign document of a sovereign nation. For many on the right in Japan, there is a Second World pending. It’s about war,” he says.
But while the right wants to reform the Constitution, the left fears that the text will be changed.
“The constitution is seen by the left as a guarantee of Japan’s democratic political culture, and its introduction by the winning side of the war (USA) is seen by the left as proof that Japan abandoned its militarism before the war. That’s why it’s such an explosive political became the subject,” explains the professor.
David Boling, Director of Trade for Japan and Asia under the consultancy of Eurasia Group. developed a pacifist tendency.
“There are a lot of people in Japan who are very proud of the Constitution. They usually refer to it very positively as the Constitution of Peace. So there is a group that is very proud of this text,” he says.
From pacifism to self-defense
There are concerns among critics of the possible constitutional reform that the ruling Liberal Democratic Party (LDP), of which Abe is a member and currently led by Kishida, wants to lift restrictions on military force under Article 9 of the Constitution.
That’s not what’s currently being considered, according to Sheila Smith, a researcher on Asia-Pacific studies at the Council on Foreign Relations (a Washington-based consultancy).
“The proposals currently submitted by the Liberal Democrat Party do not seek to abolish Article 9, but merely to amend it to add another sentence,” he says.
“Of course there are those within that party who want to go further and change the name of the Self-Defense or anything like that, but there is currently no proposal to get rid of Article 9 and no support in the LDP either. But critics say it is a central part of post-war Japanese identity. It focuses on Article 9.
He explains that while there is no concrete text – just ideas – under discussion so far, the proposal proposes to recognize the constitutional nature of Self-Defense to make it clear that they are consistent with the Constitution.
The Constitution of Japan, adopted during the American occupation, sought to eliminate the possibility of rearmament of the country, literally stating that “no land, navy, or air force or any other war potential will be retained in the future.”
But over the years, this literal ban has been reinterpreted and adapted to changes in the international context.
David Boling points out that Self-Defense is gradually changing as it has been a mere government agency for decades. Later, the Ministry of Defense was created, and then a National Security Council was established under the prime minister’s office to coordinate security policies during the Abe government.
One of the biggest changes in this regard took place in 2014, when Abe’s government promoted a reinterpretation of the constitutional norm that spoke of the country’s defense.
“Abe’s office has accepted a reinterpretation of Article 9, which says that the Japanese Self-Defense Forces can use force – if necessary for Japan’s security and survival – on behalf of other countries, such as the United States or Australia,” says Sheila Smith.
The following year, a new law was created based on this reinterpretation. Thus, Self-Defense has had the opportunity to use force to support other countries, if necessary, for Japan’s security.
David Boling notes that these changes improved Japan’s ability to work with other allies such as the United States on military issues, but the country remained limited in its own sphere of action.
“Japan is not in the same position as Australia or South Korea in terms of the military operations it can conduct with the United States, so a constitutional amendment could make things clearer and – as Shinzo Abe puts it – allow Japan to carry out its functions in defense matters. It’s more like a normal country when it comes to it.”
more hostile environment
Any defense changes by Japan will be watched closely by some of its neighbors, notably China, North and South Korea.
“These countries will be very worried. Because of the legacy of the wartimes. They were occupied by the Japanese imperial powers and they still have a very strong memory. Therefore, for them, the constitutional amendment raises the fear that Japan will abandon its post-war restraint,” observes Sheila Smith .
Paradoxically, it was precisely the actions of two of these neighbors that served to justify Tokyo’s efforts to have a less constrained defense policy.
“For the Japanese public, China’s growth as a military actor is of primary concern. Chinese naval vessels have increased their occupation of waters very close to the Japanese mainland, called the Senkaku Islands, southwest of Okinawa, which China claims, but are maintained by Japan”, says John Nilsson-Wright.
He explains that many people in Japan are concerned that China is becoming more assertive, such as the nuclear threat from North Korea and its ballistic missiles. And Japanese politicians are also concerned about the long-term credibility of the United States as a security partner.
“I think the constitutional amendment can be seen by some as a way to give Japan more flexibility to maintain its own security at a time when there is a perception that the world is becoming more hostile to growth in the long run. unacceptable.”
In terms of capabilities, Japan is getting stronger and is now one of the 10 countries with the highest military spending in the world. In April, Japan announced plans to double its defense budget to reach 2% of its GDP (Gross Domestic Product, the sum of goods and services produced by a country).
“The Self-Defense Forces are a de facto army with land, sea, and air capabilities. The reason this is constitutional is because Article 9 was written in a way that would allow the Japanese government to dispose of military forces purely for defensive purposes. That is, they cannot be used to wage a war of aggression,” he explains. Nilsson-Wright.
a difficult reform
Reforming the Constitution and amending Article 9 of the Constitution requires a two-thirds majority in both houses of Congress, in addition to ratifying the amendments through a national referendum.
Sheila Smith warns that the necessary compromise will not be easy to reach, as the ruling coalition will need to gain the support of the smaller parties in the upper house, and also that everyone must agree on the changes they want to pass. it will take time and effort.
The expert states that in addition to the amendments made in Article 9, there are other proposals for the amendments regarding access to education, constituencies and the powers of the Executive.
In turn, some of these issues may appeal to voters who, as David Boling points out, are not currently among the most pressing concerns of constitutional reform.
“If you look at the polls on the issues most important to the Japanese people, changing the Constitution less than, say, inflation control, welfare issues, or education policy. Japan is not a big priority for the general public, so it will be interesting to see how that evolves in the coming months.”
After Shinzo Abe’s death, one more obstacle remained in the path of possible passage of the amendment to Article 9. The late former prime minister, who made this issue a flag, was seen by many as a politician who supported historical revisionism, which created a certain rejection among some of the population.
“It’s not Kishida Abe, and so I think the public would be more sympathetic to the idea of a non-controversial amendment to the Constitution that doesn’t significantly change the way self-defense powers are used, but only acknowledges that these are an important part of the capabilities in Japan,” he says. Nilsson-Wright.
“Especially outside of Japan, but even within the country, Abe was seen by some people as more belligerent. So Kishida is the ideal person to support this idea because he can present it in a way that makes Japanese voters less anxious,” he adds.
– This text was originally published at https://www.bbc.com/portuguese/internacional-62197763.
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source: Noticias
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