| Act on National Flag and Anthem[1] 国旗及び国歌に関する法律 | |
|---|---|
 | |
| National Diet | |
| Citation | Law No. 127 of Heisei 11 |
| Enacted by | House of Representatives |
| Enacted | 22 July 1999 |
| Enacted by | House of Councillors |
| Enacted | 9 August 1999 |
| Royal assent | 13 August 1999 |
| Effective | 13 August 1999 |
| Administered by | Cabinet Office Ministry of Land, Infrastructure, Transport and Tourism |
| Legislative history | |
| First chamber:House of Representatives | |
| Bill title | Bill on National Flag and Anthem |
| Introduced | 11 June 1999 |
| Summary | |
| To ratify the national flag and anthem of Japan | |
| Status: Current legislation | |
TheAct on National Flag and Anthem (国旗及び国歌に関する法律,Kokki Oyobi Kokka ni Kansuru Hōritsu), abbreviated as国旗国歌法,[2] is a law that formally establishedJapan'snational flag andanthem. Before its ratification on August 13, 1999, there was no official flag or anthem for Japan. Thenisshōki (日章旗) flag, commonly referred to as thehinomaru (日の丸),[3] had represented Japan unofficially since 1870; "Kimigayo" (君が代) had been used as Japan'sde facto anthem since 1880.
AfterJapan's defeat inWorld War II, there were suggestions to legislate thehinomaru andKimigayo as the official symbols of Japan. However, a law to establish thehinomaru andKimigayo as official in 1974 failed in theNational Diet, due to the opposition of theJapan Teachers Union that insists they have a connection withJapanese militarism. It was suggested that both thehinomaru andKimigayo should be made official after a school principal inHiroshima committed suicide over a dispute regarding the use of the flag and anthem in a school ceremony.
After a vote in both houses of the National Diet, the law was passed on August 9, 1999. Promulgated and enforced on August 13, 1999, it was considered one of the most controversial laws passed by the National Diet in the 1990s. The debate surrounding the law also revealed a split in the leadership of the oppositionDemocratic Party of Japan (DPJ) and the unity of the rulingLiberal Democratic Party (LDP) and coalition partners.
The passage of the law was met with mixed reactions. Although some Japanese hailed the passage, others felt that it was a shift toward restoring nationalistic feelings and culture: It was passed in time for the tenth anniversary of theEmperorAkihito's reign. In thecountries that Japan had occupied duringWorld War II, some felt that the law's passage, along with debates on laws related to military affairs andYasukuni Shrine, marked a shift in Japan toward thepolitical right. Regulations and government orders issued in the wake of this law, especially those issued by the Tokyo Board of Education, were also challenged in court by some Japanese due to conflicts with theJapanese constitution.[4][5]
The Act on National Flag and Anthem established the Nisshōki as the national flag andKimigayo as the national anthem. Details about each symbol were provided in appendices, including specifications for the construction of the flag and sheet music forKimigayo. The law made no provisions for the use or treatment of either symbol,[6] leading to different national andprefectural agencies and ministries creating their own regulations.[7][8][9] If rules about the use of the flag and anthem had been included in the act, it would not have gained enough support in the Diet to pass.[10]
The drawing and construction details of the flag are given in the first appendix. The overall ratio of the flag is two-units length to three-units width (2:3). The red disc is at the exact center of the flag and its diameter is three-fifths of the flag's height.[3][11] However, the 1999 law allowed the continued use and manufacture of flags with the proportions set down in the Prime Minister's Proclamation No. 57 of 1870, which stipulated that the flag have a seven-to-ten (7:10) ratio, with the red disc off-center by one-hundredth of the flag's length toward the side of thehoist.[12] The background of the flag is white, and the disc red, but the exact color shades were not defined in the 1999 law.[6] Further explanations from the government merely stated that the red color is a deep shade.[13] Specifications published by theMinistry of Defense in 2008 defined the shades of red for the flag.[14] During deliberations in the Diet about this bill, there was a suggestion to either use a bright red (赤色 (aka iro)) shade or choose from the color pool of theJapanese Industrial Standards.[15]
The lyrics andmusical notation of the anthem are given in the second appendix. The text of the law does not credit a single person for the lyrics or music, but the notation creditsHiromori Hayashi for the musical arrangement.[6] However, evidence suggests that Yoshiisa Oku and Akimori Hayashi (son of Hiromori) authored the music; the elder Hayashi had put his name on it for serving as their supervisor and Chief Court Musician of the Imperial Court.[16] The melody was eventually put to a Western-style harmony byFranz Eckert and has been in use since 1880.[17] The lyrics on the sheet music are inhiragana, and there is no mention for atempo for the vocal arrangement. The anthem is played in theDorian mode incommon (4/4) time.[6]
Thehinomaru was widely used on military banners in theSengoku period of the 15th and 16th centuries.[18] During theMeiji Restoration, on February 27, 1870 (January 27, 3rd year of Meiji in theJapanese calendar), the flag was officially adopted as thecivil ensign by Proclamation No. 57. Thehinomaru was legally the national flag from 1870 to 1885, but Japanese law did not designate a national flag from 1885 to 1999 because with the modernization of the cabinet, all of the prior Council of States' declarations were abolished.[19] Despite this, severalmilitary banners of Japan are based on the design of thehinomaru, including the sun-rayed Naval Ensign.[20][21] Thehinomaru was used as a template to design other Japanese flags,[22] and its use was severely restricted during the early years of theAllied-occupation after World War II, although these restrictions were later relaxed.[23][24]
Kimigayo is one of the world's shortest national anthems, with a length of 11 measures and 32 characters. Itslyrics are based on aWaka poem written in theHeian period (794–1185) and sung to a melody composed in theMeiji era (1868–1912). In 1869,John William Fenton, a visiting Irish military band leader, realized there was no national anthem in Japan, and suggested toIwao Ōyama, an officer of theSatsuma Clan, that one be created. Ōyama agreed, and selected the lyrics.[25]
The lyrics may have been chosen for their similarity to theBritish national anthem because of Fenton's influence.[16] After selecting the anthem's lyrics, Ōyama then asked Fenton to create the melody. This was the first version ofKimigayo, which was discarded because the melody "lacked solemnity."[26][27] In 1880, theImperial Household Agency adopted the current melody ofKimigayo, and the government formally adoptedKimigayo as the national anthem in 1888.[28] By 1893,Kimigayo was included in public school ceremonies due to the efforts of the thenMinistry of Education.[10] During the Allied-occupation of Japan, there were no directives by theSupreme Commander for the Allied Powers to restrict use ofKimigayo by the Japanese government.[29] However, only the score ofKimigayo was played during official ceremonies following the war; the lyrics were not sung.[30]
The proposal for the law was motivated by the suicide of a school principal inHiroshima, who could not resolve a dispute between his school board and his teachers over use of the Hinomaru andKimigayo.[31] The principal of Sera High School inSera, Ishikawa Toshihiro, killed himself the evening before his school's graduation ceremony.[32] The Hiroshima Prefecture School Board had demanded that all principals ensure use of both symbols at every school ceremony, but the teachers at Sera High School vehemently opposed the practice.[33][34] Ishikawa took his own life after failing to win support of his teachers on this issue.[34]
Ishikawa's suicide, along with the protests by teachers at the graduation ceremony at Sera High School, promptedPrime MinisterKeizō Obuchi of theLiberal Democratic Party (LDP) to draft legislation to make the Hinomaru andKimigayo the official symbols of Japan.[35] He intended for the legislation to be introduced in 2000, but hisChief Cabinet Secretary,Hiromu Nonaka, wanted it in effect by November 1999, the tenth anniversary of the enthronement ofEmperorAkihito and start ofHeisei era).[36]
This is not the first time legislation was proposed to make the Hinomaru andKimigayo official symbols. After the return ofOkinawa Prefecture to Japan from American rule in 1972 and theglobal oil crisis of 1973, then-Prime MinisterTanaka Kakuei hinted in 1974 at the passage of a law that would legalize use of both symbols, a move done partially to increase his popularity with conservative voters.[37][38] At the time of his suggestion, theJapan Teachers Union was opposed to using the anthem because it "smacked of emperor worship"[37] and was seen as a connection to pre-war militarism. Although the literacy rate in Japan was 99 percent at the time, many students did not know whatKimigayo even was or how to sing it. In addition to instructing the schools to teach and playKimigayo, Kakuei wanted students to raise the flag and read theImperial Rescript on Education, pronounced by theEmperor Meiji in 1890, every morning.[37] Kakuei was unsuccessful in passing the legislation through the Diet.[39]
The main conservative parties of Japan, the LDP and the Liberal Party, were the chief supporters of the 1999 bill. LDP General SecretaryYoshirō Mori stated in June of that year that the Japanese people had accepted both theHinomaru andKimigayo as national symbols. The President of theLiberal Party,Ichirō Ozawa, echoed the same sentiment and believed that the Diet could not conclude otherwise.[10] TheNew Komeito (also known as the Clean Government Party, or CGP) was initially cautious about the bill. Although some of its leadership conceded that both symbols were accepted by the people, they believed that establishing the idea as a law could be a violation of the Japanese Constitution. The CGP eventually supported the bill in exchange for being allowed into the LDP coalition.[40]
TheSocial Democratic Party (SDPJ) andCommunist Party (JCP) opposed the bill because of the connotations both symbols have with the war era, and because the public was not given the option to settle the issue by a referendum.[36] The chairman of the CPJ said that the party would prefer new symbols that represent a democratic and peaceful Japan.[10] The SDPJ's opposition was a change from its previous stance toward the symbols; Prime MinisterTomiichi Murayama of theJapan Socialist Party (the SDPJ's former name) accepted both theHinomaru andKimigayo as the symbols of Japan in exchange for support from the LDP in the National Diet in 1994.[41]
The then-president of theDemocratic Party of Japan (DPJ),Naoto Kan, stated that his party must support the bill because it had already recognized both as symbols of Japan.[42] Then-Deputy Secretary GeneralYukio Hatoyama believed that the bill would cause further problems for school officials and unrest among leftist groups that oppose the flag and anthem.[43] The DPJ offered an amendment to the bill that designated theHinomaru as the national flag but gaveKimigayo no special status; an alternative anthem was to be found. On July 16, the DPJ decided to issue its amendment; if it was rejected, the party members would be allowed to vote freely.[44] Other groups issued their own bills against the government's legislation; they were all rejected before the main vote on the bill.[45]
In the week before the vote in theHouse of Councillors,The Japan Times conducted a poll inTokyo,Osaka andHiroshima. Approximately nine out of ten respondents favored having the Hinomaru as the national flag, and six out of ten supportedKimigayo as the national anthem. Overall, about 46 percent were in favor of the bill. Respondents thought of the Hinomaru as the flag of Japan and that its history should be taught. Some felt thatKimigayo was an inappropriate anthem for modern Japan; one respondent suggested using the song "Sakura Sakura" instead. Another suggestion was to keep the melody ofKimigayo but replace the lyrics.[46]
A March 1999 poll conducted by theYomiuri Shimbun and one by the Japan Research Council on Public Opinion Polls in July 1999 yielded different results from the poll byThe Japan Times. In the former, taken after the suicide of Toshihiro, 61 percent felt that the symbols of Japan should be the Hinomaru as the flag andKimigayo as the anthem; 64 percent felt it desirable to have both symbols used at school ceremonies, and percent felt both symbols should be enshrined in law. The poll by the Japan Research Council on Public Opinion Polls showed similar results; 68 percent felt that both the Hinomaru andKimigayo were the symbols of Japan; 71 percent supported the bill in the Diet. Both polls had slightly less than 2,000 respondents.[10] There was 15 percent more support for the Hinomaru than forKimigayo; the lyrics ofKimigayo were directly associated with the emperor.[10][27] Both polls also showed that older generations had a greater attachment to the symbols, while younger generations exhibited more negative feelings.[10]
TheHouse of Representatives passed the bill on 22 July 1999 by a 403-to-86 vote during the 145thNational Diet.[47]
The legislation was then sent to theHouse of Councillors on 28 July and passed on 9 August 1999 by a 166-to-71 vote.[48] It was enacted as law on August 13.[49]
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Prime MinisterKeizō Obuchi was enthusiastic over the passage of the law because it established a "clear basis by written law"[52] for use of the symbols. He felt this was a major step for Japan to "move into the 21st century".[52]EmperorAkihito declined to comment on the law when asked at a press conference onhis birthday (December 23), mostly due to the constitutional prohibition for the Emperor to speak on political matters.[53][54] However, Emperor Akihito expressed displeasure toTokyo Education Board memberKunio Yonenaga in 2004 that forcing teachers and students to honor the flag and anthem was not "desirable."[54] The head of a teachers' federation praised the legislation, believing it would help them inculcate people with a proper sense of respect for a country's symbols, thereby reducing international incidents such as the booing of other countries' anthems by the Japanese. The legislation also drew condemnation from certain Japanese who were disdainful of their country's actions in World War II. They felt that unless their government issued a formal apology—expressed with "true remorse"[32][55] for those incidents—they saw no reason to be proud about the flag and anthem.[32][55] Ozawa saw the passage of this law and a few others in 1999 as heralds of a "bloodless revolution" toward a new future—a revolution that would change Japan's national identity and set up changes to its Constitution.[55]
Within education, a major battleground where the use of the symbols was fought,[56] the reactions were also mixed. The 1999curriculum guideline issued by the Ministry of Education after the passage of the law decrees that "on entrance and graduation ceremonies, schools must raise the flag of Japan and instruct students to sing the "Kimigayo" (national anthem), given the significance of the flag and the song."[57] Additionally, the ministry's commentary on the 1999 curriculum guideline for elementary schools notes that "given the advance of internationalization, along with fostering patriotism and awareness of being Japanese, it is important to nurture school children's respectful attitude toward the flag of Japan andKimigayo as they grow up to be respected Japanese citizens in an internationalized society."[58]
InHiroshima Prefecture, where Sera High School is located, the reaction was mostly negative. As one of the two prefectures directly affected by World War II, education in Hiroshima has leaned left with regards to information regarding the symbols and the Emperor due to the power of native groups, such as theBuraku Liberation League, and teachers' unions.[59] There the passage of the law was seen as an "annoyance", running counter to the prefecture's educational practices and unlikely to be able to resolve its war-related issues.[59]
However, the spokesperson for the mainland Chinese Ministry of Foreign Affairs stated that the bill was an issue for the Japanese to resolve on their own to move their country toward a peaceful future. InSingapore, older generations still harbored ill feelings toward the symbols. ThePhilippine government believed that Japan was not going to revert to militarism and that the goal of the law was to formally establish two national symbols, which every state has a right to do.[10]
Members of the DPJ were allowed by party leaders to vote based on their own conscience; the party leadership itself was split. Hatoyama overcame his opposition and voted for the bill, along with DPJ Secretary General andTsutomu Hata. Kan voted against the bill. With the exception of the DPJ, each party voted strictly along party lines, and none among them broke party discipline.[50] Ironically, Hatoyama wanted to use his vote for the bill as a call to his fellow DPJ members for unity. Half of the DPJ supported the bill, reducing the numbers that would have opposed it and making it easier for the bill to pass. The split of the DPJ vote showed the lack of unity of its members.[43][60]
Another factor that played into the passage of the bill was the coalition of the LDP, the Liberal Party and the CGP. In the Diet, the union between the LDP and the Liberal Party gave them a majority in the lower house but not in the House of Councilors.[10] The leadership of the LDP considered Ozawa to be a traitor because he left the LDP in 1993, yet the LDP needed him and his party to form a coalition to govern.[51] Although the CGP had a relatively small number of seats (52) in the lower house and had nothing in common with the LDP in terms of policy, it was tempted by the idea of being part of the ruling cabinet and supported the LDP in passing the bill.[51] The Social Democratic Party had to abandon key party platforms—such as their earlier opposition to the symbols, security treaties with the United States and the existence of theSelf Defense Forces—to join the coalition. Despite the concessions of the SPDJ, the LDP did not advance any of the traditional platforms championed by the SPDJ. Eventually, those policies advocated by the SPDJ were removed from the national policy debate.[61] The only party that stuck to its stance throughout the debate was the Communist Party; the CGP (New Komeito), Liberal Party and SDPJ switched sides to support the bill.[62][63]
Such vote switching led a writer forThe Japan Times to question the rationality of the country's politics over the passage of the bill.[60] The act is one of the most controversial laws passed by the Diet since the 1992 Law Concerning Cooperation for United Nations Peacekeeping Operations and Other Operations, also known as the "International Peace Cooperation Law"[60] which committed Japan to United Nations peacekeeping operations,[64] a deviation from Article 9 of the Japanese Constitution, which calls on the country to renounce the "use of force as means of settling international disputes."[65]
When the law was passed, Prime Minister Obuchi and other officials stated that there was no intention to regulate the use of the flag and the anthem in everyday life.[66] However, the 1999curriculum guideline issued by the Ministry of Education after the passage of the Law Regarding the National Flag and Anthem decrees that "on entrance and graduation ceremonies, schools must raise the flag of Japan and instruct students to singKimigayo, given the significance of the flag and the song."[57]
In Tokyo, regulations were put in place in 2003. As part of that city's regulations, board or school officials are required to record names of teachers who do not stand or sing, and the flag is displayed facing the students during ceremonies. Sanctions ranged from reprimands, re-education courses, pay cuts, loss of duties to termination; and the sanctions were encouraged byShintaro Ishihara, theGovernor of Tokyo.[67][68] In 2004, 243 teachers were disciplined and 67 teachers were warned for either not following policies or for instructing their students not to honor both symbols.
One city inFukuoka Prefecture measured and rated each school on how loudly the students sangKimigayo, but Tokyo was the only school board that issued large-scale punishments for not following the regulations.[54] According to the Tokyo Board of Education, more than 400 people have been punished since 2004.[69]
Several lawsuits were filed to challenge the Tokyo regulations on grounds that the order violated Article 19 of the Japanese Constitution, granting "freedom of thought and conscience."[4] TheTokyo District Court sided with the teachers, ruling that teachers cannot be forced to stand or sing. However, its decisions are either being appealed or have already been overturned by theTokyo High Court, which ruled that the order does not represent a violation of the Constitution.[4] Over a dozen lawsuits, ranging from the constitutionality of the Tokyo order to the compensation of the punished teachers, have been filed in Japanese courts.[69] The latest, filed in 2011, was rejected by the Supreme Court; the Court agreed with the Tokyo High Court that requiring teachers to stand forKimigayo was not a violation of the Constitution.[5] After this ruling, the Osaka Prefectural Assembly passed an ordinance on June 3, 2011, ordering teachers and other school employees in Osaka to stand and sing whenKimigayo is played during school ceremonies.[70]
In 1870 the [Hinomaru] was designated as the national flag by means of a 'declaration (fukoku) by the Council of State (Daijō-kan太政官). In 1871, however, the Council was reorganized and the legislative function entrusted to the Left Chamber (Sa-in). Finally in 1885 the Council was replaced by a modern cabinet, with the result that the Council's declarations were abolished.
