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Act on National Flag and Anthem

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Law Regarding the National Flag and National Anthem
国旗及び国歌に関する法律
As published in the Official Gazette (August 15, 1999)
RatifiedAugust 13, 1999
LocationJapan
PurposeTo ratify the national flag and anthem of Japan

The Law Regarding the 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[1]) is a law that formally established Japan's national flag and anthem. Before the passage of this law, there was no official flag of anthem that represented Japan. From 1870, the Nisshōki (日章旗) flag, also referred to as the Hinomaru (日の丸),[2] was used in various capacities to represent Japan; Kimigayo (君が代) was used as Japan's de facto anthem since 1880. It was promulgated and enforced on August 13, 1999.

Provisions

The main purpose of the law was to establish the Nisshōki (日章旗, Sun-circle flag) as the national flag of Japan and the song Kimigayo (君が代) as the national anthem of Japan. Details about each symbol was provided in appendixes in the law, such as construction details of the flag and sheet music for Kimigayo. The law does not provide any protocols involving both symbols and how how they should be used or respected.[3] Due to the lack of rules about the usage of both symbols, different national and prefectural agencies and ministries came up with their own regulations.[4][5][6]

Hinomaru and Kimigayo before 1999

The Hinomaru was widely used on military banners in the Sengoku (Warring States) period of the 15th and 16th centuries.[7] During the Meiji Restoration the flag was officially adopted for use as the civil ensign by Proclamation No. 57 on February 27, 1870 (January 27, Meiji 3 in the Japanese calendar). Use of the Hinomaru was also severely restricted during the early years of the American occupation of the country after World War II, although restrictions were later relaxed.[8][9] Japanese law did not designate any particular flag as the national flag from 1885 until 1999, although the Hinomaru was legally the national flag for the brief period from 1870 until 1885.[10] Despite this, several military banners of Japan are based on the design of the Hinomaru, including the sun-rayed Naval Ensign. The Hinomaru was used as a template to design other Japanese flags for public and private use. Kimigayo is also one of the world's shortest national anthems in current use, with a length of 11 measures and 32 characters. Its lyrics are based on a Waka poem written in the Heian period (794–1185), sung to a melody written in the later Meiji period. The current melody was chosen in 1880, replacing an unpopular melody composed eleven years earlier.[11]

Background of the legislation

The passage of the law stemmed from the suicide of a school principal in Hiroshima who could not resolve a dispute between his school board and his teachers over the use of the Hinomaru and Kimigayo.[12] Prime minister Keizo Obuchi of the Liberal Democratic Party (LDP) decided that he would like to draft legislation to make the Hinomaru and Kimigayo official symbols of Japan in 2000. His Chief Cabinet Secretary, Hiromu Nonaka, wanted to have it by the 10th anniversary of the coronation of Akihito as Emperor. The LDP and the Komeito (CGP) were the main supporters of the bill, the Social Democratic Party (SDPJ) and Communist Party (CPJ) were opposed to the bill and the Democratic Party of Japan (DPJ) could not develop party consensus on it. The CPJ and SDPJ opposed the bill because of the connotations of both symbols have with the war era; the CPJ was further opposed for not allowing the issue to be decided by the public. [13] President of the DPJ, Naoto Kan stated that the DPJ must support the bill because the party already recognized both symbols as the symbols of Japan.[14] Deputy Secretary General and future prime minister Yukio Hatoyama thought that this bill will cause further divisions among society and the public schools.[15] The bill was voted by the House of Representatives in on July 22, 1999 and was passed by a 403 to 86 vote.[16] The legislation was sent to the House of Councilors on July 28th and was passed on August 9th. It was enacted into law on August 13th.[17]

The DPJ decided to offer an amendment to the bill which designated the Nisshouki as the national flag but gave the Kimigayo no special status. This was done so a possible alternative anthem could be found. On 16 July it was decided that the DPJ would issue their amendment; if this was rejected, the party members would be allowed to vote freely.[18] Other groups also issued their own bills against the government's legislation; they were all rejected before the main vote on the bill.[19]

Provisions about the flag

Main article: Flag of Japan § Design

The overall ratio of the flag is to two units length by three units width (2:3). The diameter of the red disc is 3/5ths of the length of the flag and is completely centered on the flag. placed towards dead center. Previously, the flag had a ratio of seven by ten units (7:10) and the red disc was shifted 1/100ths towards the hoist.[20][21][2] However, the law did allow the continued use and manufacturing of flags with the 1870 proportions. The background of the flag is white and the sun disc is red, but the exact color shades were not defined in the 1999 law.[3] The only hint given about the red color that it is a "deep" shade.[22] Documents published by various government ministries provided different shades of red used on the flag.[23][24]

Provisions about the anthem

The lyrics and musical notation of the anthem are given in the second appendix. The text of the law does not give credit to a single person for the lyrics or music, the musical notation does credit Hiromori Hayashi for the musical arrangement. However, evidence suggests that it was Yoshiisa Oku and Akimori Hayashi (son of Hiromori) who authored the music and Hiromori put his name on it in the capacity of their supervisor and Chief Court Musician of the Imperial Court.[25] The song was eventually put into a Western-style harmony by Franz Eckert and has been in use since 1880.[26] As for the sheet music itself, it displays a four part vocal arrangement with no mention of tempo and all of the lyrics in hiragana. It is played in a C major in a common (4/4) scale.[3]

Reactions

Obuchi hailed the passage of the law as it gave "clear basis by written law" for the usage of the symbols. According to Obuchi, this was one of Japan's biggest moves before the start of the 21st century.[27] When asked at a press conference on his birthday (December 23rd), Emperor Akihito declined to give his personal opinion about the passage of the law.[28]

See also

References

  1. ^ "麻生内閣総理大臣記者会見" (in Japanese). Office of the Prime Minister of Japan. 2009-07-21. Retrieved 2010-01-14.
  2. ^ a b "Basic / General Information on Japan". Consulate-General of Japan in San Francisco. 2008-01-01. Retrieved 2009-11-19.
  3. ^ a b c "国旗及び国歌に関する法律" (in Template:Ja icon). Government of Japan. 1999-08-13. Retrieved 2008-01-17. {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)CS1 maint: unrecognized language (link)
  4. ^ "国旗及び国歌の取扱いについて" (in Template:Ja icon). Police of the Hokkaido Prefecture. 1999-11-18. Retrieved 2010-01-14.{{cite web}}: CS1 maint: unrecognized language (link)
  5. ^ "国旗及び県旗の取扱いについて" (PDF) (in Template:Ja icon). Police of Kanagawa Prefecture. 2003-03-29. Retrieved 2010-01-14.{{cite web}}: CS1 maint: unrecognized language (link)
  6. ^ "プロトコール" (PDF) (in Template:Ja icon). Ministry of Foreign Affairs. 2009-02. Retrieved 2010-01-13. {{cite web}}: Check date values in: |date= (help); Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)CS1 maint: unrecognized language (link)
  7. ^ Turnbull, Stephen (2001-03-25). Ashigaru 1467–1649. Osprey Publishing. ISBN 1841761494. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  8. ^ Yoshida, Shigeru (1947-05-02). "Letter from Shigeru Yoshida to General MacArthur dated May 2, 1947" (in Template:Ja icon and English). National Diet Library. Retrieved 2007-12-03.{{cite web}}: CS1 maint: unrecognized language (link)
  9. ^ MacArthur, Douglas (1947-05-02). "Letter from Douglas MacArthur to Prime Minister dated May 2, 1947". National Archives of Japan. Retrieved 2009-12-10.
  10. ^ Cripps, D (1996). "Flags and Fanfares: The Hinomaru Flag and the Kimigayo Anthem". In Goodman, Roger & Ian Neary (eds.) (ed.). Case Studies on Human Rights in Japan. London: Routledge. pp. 77–78. ISBN 1873410352. OCLC 35294491. 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. {{cite book}}: |editor= has generic name (help)
  11. ^ Hongo, Jun (2007-07-17). "Hinomaru, 'Kimigayo' express conflicts both past and future". The Japan Times. Retrieved 2008-01-11.
  12. ^ Aspinall, Robert W. (2001-08). Teachers' Unions and the Politics of Education in Japan. State University of New York Press. p. 126. ISBN 0-7914-5050-3. {{cite book}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help)
  13. ^ Itoh, Mayumi (2003-11). The Hatoyama Dynasty: Japanese Political Leadership Through the Generations. New York, New York: Palgrave Macmillan. pp. 208–209. ISBN 1-4039-6331-2. {{cite book}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help); Invalid |ref=harv (help)
  14. ^ "国旗国歌法制化についての民主党の考え方" (in Template:Ja icon). Democratic Party of Japan. 1999-07-21. Retrieved 2010-01-17. {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)CS1 maint: unrecognized language (link)
  15. ^ Itoh, Mayumi (2003-11). The Hatoyama Dynasty: Japanese Political Leadership Through the Generations. New York, New York: Palgrave Macmillan. pp. 209–210. ISBN 1-4039-6331-2. {{cite book}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help); Invalid |ref=harv (help)
  16. ^ "第１４５回国会　本会議　第４７号" (in Template:Ja icon). National Diet Library. 1999-07-22. Retrieved 2010-01-17.{{cite web}}: CS1 maint: unrecognized language (link)
  17. ^ "議案審議経過情報: 国旗及び国歌に関する法律案" (in Template:Ja icon). House of Representatives. 1999-08-13. Retrieved 2010-01-17.{{cite web}}: CS1 maint: unrecognized language (link)
  18. ^ "国旗国歌法案への対応決める／「国旗だけを法制化」修正案提出・否決なら自由投票" (in Template:Ja icon). Democratic Party of Japan. 1999-07-16. Retrieved 2010-01-18.{{cite web}}: CS1 maint: unrecognized language (link)
  19. ^ "国旗・国歌法案、衆院で可決　民主党は自主投票" (in Template:Ja icon). Democratic Party of Japan. 1999-07-22. Retrieved 2010-01-18.{{cite web}}: CS1 maint: unrecognized language (link)
  20. ^ 明治3年太政官布告第57号 (Proclamation No. 57 of 1870 (Meiji 3))
  21. ^ Takenaka, Yoshiharu (2003-03-05). 知っておきたい国旗・旗の基礎知識. Gifu, Japan: Gifu Shimbun. pp. 68–69. ISBN 4877970541. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  22. ^ "National Flag & National Anthem". Cabinet Office, Government of Japan. 2006. Retrieved 2010-01-02.
  23. ^ "Defense Specification Z 8701C (DSPZ8701C)" (in Template:Ja icon). Ministry of Defense. 1973-11-27. Retrieved 2009-07-09.{{cite web}}: CS1 maint: unrecognized language (link)
  24. ^ "日章旗のマーク、ODAシンボルマーク" (PDF) (in Template:Ja icon). Office of Developmental Assistance. 1995-09-01. Retrieved 2009-09-06. {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)CS1 maint: unrecognized language (link)
  25. ^ Colin Joyce (2005-08-30). "Briton who gave Japan its anthem". Telegraph.co.uk. Published by Telegraph Media Group Limited. Retrieved 2007-12-10. {{cite web}}: External link in |work= (help)
  26. ^ Ministry of Foreign Affairs (2008). "NATIONAL FLAG AND ANTHEM" (PDF). Japan Fact Sheet. Site "Web Japan" sponsored by the Ministry of Foreign Affairs. Retrieved 2008-05-10. {{cite web}}: External link in |publisher= (help); Unknown parameter |month= ignored (help)
  27. ^ "Statement of Prime Minister Keizo Obuchi". Ministry of Foreign Affairs. 1999-08-09. Retrieved 2010-01-28.
  28. ^ "Press Conference on the occasion of His Majesty's Birthday (1999)". The Imperial Household Agency. 1999-12-23. Retrieved 2010-01-28.
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