NATIONAL ANTHEMS, FLAGS AND ELECTIONS
Keywords: CONSTITUTIONAL LAW, FREEDOM OF EXPRESSION, ELECTIONS

See also article on Education Reform, where fostering patriotism is a big issue .

In 1999 Japan passed legislation making its anthem and flag official symbols of the government. The government now intends to enforce this and instill more patriotism in the populace, particularly the youth. This has now been running right into a decades long policy of hostility to these symbols by the teachers and their unions. They regard them as symbols of Japan’s past militarism. They refuse to stand when the anthem is played or the flag raised, despite now very clear orders from the government for them to do so. Some refuse to play the anthem. A large number of teachers refusing to participate as instructed are being fired, even criminally prosecuted. The Tokyo Board of Education has established a training program for violating teachers. In October, 2003 the Tokyo Board of Education ordered that the national flag be shown and the national anthem played at certain school functions. The teachers filed suit against the training program but the Tokyo District Court rejected it, claiming the program was not yet clear, while expressing concern over its possible constitutional problems. Several hundred teachers have been reprimanded for their violations. The Tokyo High Court also supported a ruling by the Tokyo District Court to cancel a reprimand over a teacher's failure to play the national anthem. The Tokyo High Court noted that the thoughts and actions of public employees could be restrained in the name of public welfare. A number of teachers failed to have their contracts renewed after their refusals. One teacher was criminally prosecuted for obstructing official duty by force when he handed out fliers at a graduation ceremony asking parents not to stand when the national anthem was played. The board of education in Kurume Fukuoka checked out how loud the students were singing the national anthem at these ceremonies and those rating poorly were to be warned. Some teachers filed suit after the Tokyo board refused to renew their contracts.

The students themselves are not having their arms twisted to participate, but it is clear that it is policy of the government to encourage it.

Interestingly, the Emperor himself has spoken out to Tokyo Board of Education officials requesting that the teachers not be forced to engage in such activities that they dislike.

It is not only the teachers that are being hit in this way. Two duly elected members of a municipal assembly were expelled and were de-registered as members of the municipal assembly after they protested the raising of the flag, even going to the extent of occupying the chairman’s seat to protest. Nevertheless, the Yokohama District Court dismissed their suit to get their positions back, saying that the assembly was well within its authority to take such actions.

Kind of reminds you of the flag-waving mania that went on when Bush the father was president.

In another case, an employee of the Social Insurance Agency has been indicted on violations of the National Public Service Law, which prohibits public employees from engaging in political activities. He was caught handing out Japan Communist Party brochures before the November, 2003 House of Representatives elections. The defendant claims that the law violates his constitutional rights to freedom of expression.


On the other hand, the Tokyo District Court threw out the charges against three peace protestors who had been arrested for trespassing on housing facilities of the Self Defense Forces. The three had put leaflets protesting the dispatch of Japanese troops to Iraq in mailboxes. For decades the group had been putting various protest leaflets in mailboxes without incident. In this case, the managers of the housing complex had filed the complaint with the local police before their arrest. The court said they were protected by Article 21 of the Japanese Constitution which guarantees freedom of expression. The three had been held in detention for over 2 months.

In 2003 a bookstore employee was given a suspended 14 month prison term for painting anti-war graffiti on a wall in a park. He is still appealing the decision.

Copyright 2005. All rights reserved Attorney Roderick H. Seeman

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