The first rule of the pending Japan’s Special Secrets Bill is that what will be a secret is secret. The second rule is that anyone who leaks a secret and a reporter who writes it up can face up to ten years in jail. The third rule is that there are no rules at to what government agency can declare state secrets and no checks on them to determine they don’t misuse the privilege; even of no longer existent agencies may have the power to declare their information secret. The fourth rule is that anything pertaining to nuclear energy is of course a state secret so there will not longer be any problem with nuclear power in this country because we won’t know anything about it. And what we don’t know can’t hurt us.
The right to know has now been officially superseded by the right of the government to make sure you don’t know what they don’t want you to know.
Legal experts note that even asking pointed questions about a state secret, whether you know or don’t know it’s a secret, could be treated as “instigating leaks” and the result in an arrest and a possible jail term up to five years. Of course, the trial would be complicated since the judge would not be allowed to know what secret the accused was suspected of trying to obtain.
Ask the wrong question, five years in jail.
And of course, trials about state secrets, would by the nature of the law, also be secret trials and closed to the public.
At this point in time, no one has really claimed authorship of the secrecy bill. The author is a secret. Kafka would seem the most likely scrivener for this perplexing legislation, if he was still alive, but ruling coalition members acknowledge that another famous white man from the past may have provided the real inspiration for the bill and its implementation.
An Upper House member of the Diet said on background to JSRC, “Deputy Prime Minister Aso Taro sort of telegraphed the punches of the administration by expressing his admiration for how the Nazi Party forcefully changed the German constitution this summer.Obviously, we’re not Nazis in Japan–because we hardly have any Jews, but we are like the defeated post World War I Germany in that we do not have the right to wage war to defend ourselves from our enemies. Just as Germany needed a strong man like Hitler to revive defeated Germany, Japan needs people like Abe to dynamically induce change.”
In August this year, Aso Taro, who is also the Finance Minister stated at a seminar, “Germany’s Weimar Constitution was changed into the Nazi Constitution before anyone knew. It was changed before anyone else noticed. Why don’t we learn from that method?”
It’s obvious that the Abe administration which pushed this bill into the Diet without public hearings and even the standard deliberations with Japan’s legal establishment has been an apt pupil of their German predecessors. They even attempted to pass the bill in the middle of the night yesterday while most of Japan was sleeping. The administration hasn’t been able to set a fire to the Diet building to justify a harsher crackdown but the LDP Secretary General was kind enough to say that those noisily protesting the bill were committing “terrorist acts.”
The hawkish Prime Minister Abe has publicly stated his ambition to revise Japan’s constitution to rid it of Article 9, which forbids Japan from waging war. Upper house Diet member, Taro Yamamoto and others have publicly stated they believe the current bill is a stepping-stone to recreate a fascist Japan, as it existed prior to the Second World War.
It might all seems like a bad joke, except for the Orwellian nature of the bill being proposed and a key Cabinet member expressing his admiration for the Nazis.
If you have any idea who’s responsible for the drafting of this legislation and how it came into being, please let us know. The JSRC welcomes any contributions on the subject.