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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 or 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.

There was suggestions since after Japan's defeat in World War II to legislate both the Hinomaru and Kimgayo as the official symbols of Japan. However, due to both symbols connection with the militaristic past of Japan, a law to make both symbols official in 1974 failed to gain a majority in the Diet. After incidents at school ceremonies, including one where a principal took his own life, it was suggested to make both symbols official in 1999. After a vote in both houses of the Diet, it was passed on August 9, 1999. It was promulgated and enforced on August 13, 1999. It was considered one of the most controversial laws passed by the Diet in recent history. Politically, it also showed a split in the leadership of the opposition Democratic Party of Japan and showcased the party discipline of the ruling Liberal Democratic Party and collation partners.

The reactions at home and abroad about the passage of this law was met with mixed feelings. While some Japanese hailed the passage of the law as a step towards the future, others felt that it was a shift towards restoring nationalistic feelings and education. In the countries that Japan occupied in World War II, some felt that the passage of this law, along with debates on laws related to military affairs and Yasukuni Shrine, was a shift towards the right. Other nations felt that the adoption of national symbols was an internal affair and every nation, including Japan, has the right to chose their own symbols.

Summary

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 were provided in appendixes in the law, such as construction details of the flag and sheet music for Kimigayo. The law did not provide any protocols involving both symbols or 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] One reason for the lack of protocols for both symbols is that if such regulations were in the bill, passage in the Diet might not have been able to take place.[7]

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.[8] 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.[9][10] 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.[11] 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.[12] During the American occupation of Japan, there was no directives by the Supreme Commander of the Allied Powers to restrict the use of Kimigayo by the Japanese government.[13] However, whenever the song was played at official ceremonies shortly after the war, it was not sung.[14]

Background of the legislation

The idea 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.[15] The principal of Sera High School in Sera, Hiroshima, Ishikawa Toshihiro, killed himself the evening before his school's graduation ceremony.[16] On one side is the Hiroshima Prefecture School Board, whom was demanding that both symbols should be used in every school for ceremonies and instructed all principals to follow this.[17] On the other side of the issue was the teachers in Sera High School did not want the symbols used and their opposition was as high as ever.[18] For Hiroshima Prefecture, the use and view of both symbols were low due to their experiences in World War II, which resulted in being attacked by a nuclear bomb in 1945.[19] Failing to get the support of his teachers to use the symbols, Toshihiro saw no other option but to take his own life.[18] Originally Prime minister Keizo Obuchi of the Liberal Democratic Party (LDP) decided that not action should be taken with legislation about the two symbols. After the suicide of Toshihiro, Obuchi changed his mind and that he would like to draft legislation to make the Hinomaru and Kimigayo the official symbols of Japan in 2000. His Chief Cabinet Secretary, Hiromu Nonaka, wanted to have it by November 1999, which was the 10th anniversary of the coronation of Akihito as Emperor.[20]

Pre-1999 attempts

This is not the first time such a bill has been suggested. In 1974, with the backdrop of the 1972 return of Okinawa to Japan and the 1973 oil crisis, Prime Minister Tanaka Kakuei hinted at a law being passed legalizing both symbols.[21] At the time of his suggestion, the Japan Teachers Union was in direct opposition of using the anthem because it "smacks of emperor worship" and its' connection to pre-war militarism. While Japan also had a literacy rate of 99%, however a lot of students did not know what Kimigayo was or how to sing it. Kakuei, along with getting the schools to teach and play Kimigayo, he wanted mandatory raising of the Hinomaru flag and reinstatement of the reading of the Imperial Rescript on Education pronounced by the Meiji Emperor in 1890.[22] Kakuei tried to pass a law in the Diet that same year but failed to obtain a majority.[23]

Party positions

The main conserative parties of Japanm, the LDP and the Liberal Party, were the main supporters of the bill. LDP General Secretary and future prime minister Yoshiro Mori stated in June 1999 that the Japanese people have accepted both the Hinomaru and Kimigayo as the national flag and anthem, respectively. The President of the Liberal Party (and future leader of the Democratic Party of Japan (DPJ)) Ichiro Ozawa echoed the same setiment and believed that the Diet could not make another outcome.[7] The New Komeito (also known as the Clean Government Party, CGP) was initially cautious over the bill. While some of the leadership did concede the fact that both symbols were accepted by the people, the idea of a law establishing that fact was only a possibility but could also violate the Japanese Constitution. The CGP eventually decided to support the bill.[24]

The Social Democratic Party (SDPJ) and Communist Party (CPJ) were opposed to 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.[20] The chairman of the CPJ even went futher saying that while they do not object to the concept of a national flag or national anthem, new symbols should be created to represent a democratic and peaceful Japan.[7] Previously, Prime Minister Tomiichi Murayama of the Socialist Party of Japan (former name of the SDPJ) accepted both the Hinomaru and Kimigayo as the symbols of Japan in exchange for support from the LDP in the Diet.[25]

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.[26] Deputy Secretary General and future prime minister Yukio Hatoyama thought that this bill will cause further divisions among society and the public schools.[27] The DPJ decided to offer an amendment to the bill which designated the Hinomaru 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.[28] Other groups also issued their own bills against the government's legislation; they were all rejected before the main vote on the bill.[29]

Public opinion

In the week before the vote in the House of Councilors, a poll was conducted by The Japan Times in the cities of Tokyo, Osaka and Hiroshima. Approximately 9 out of 10 respondents favored having the Hinomaru as the national flag while 6 out of 10 supported Kimigayo as the national anthem. For the legislation overall, there was roughly 46percent in favor of the bill. Respondents believe that while the Hinomaru is the flag of Japan, a design that is easy, the history behind the flag should be taught. Some felt that Kimigayo was not an appropriate song to be used in modern Japan; one respondent suggested for the song Sakura Sakura to be used instead of Kimigayo. Another suggestion was to leave the melody of Kimigayo intact but to have the lyrics replaced.[30]

This was different from the polls taken by the Yomiuri Shimbun in March 1999 and by the Japan Research Council on Public Opinion Polls in July 1999. The first poll by the Yomiuri Shimbun, which was taken after the suicide of Toshihiro, 61percent felt that the symbols of Japan should be the Hinomaru flag and Kimigayo as the anthem. 64percent felt that the use of both symbols are school ceremonies are desired and that 68percent felt a law should be made for both symbols to be declared official. The second poll by the Japan Research Council on Public Opinion Polls showed similar results, with 68percent felt that both the Hinomaru flag and Kimigayo are the symbols of Japan and 71percent supported the bill in the Diet. Both polls had slightly under 2000 respondents; there was 15percent more support for the Hinomaru because of Kimigayo's direct association with the emperor. Both polls also showed that the older generation had a greater attachment to both symbols and the younger generation more negative feelings.[7]

Vote

The House of Representatives passed the bill on July 22, 1999 by a 403 to 86 vote.[31] The legislation was sent to the House of Councilors on July 28 and was passed on August 9.[32] It was enacted into law on August 13.[33]

House of Representatives vote[34]
Party In favor Oppose Abstain Not present Total
Democratic Party of Japan (DPJ) 45 46 0 1 92
Liberal Democratic Party of Japan (LDP) 260 0 0 0 260
Komeito 52 0 0 0 52
Liberal Party 38 0 0 1 39
Communist Party 0 26 0 0 26
Socialist Party 0 14 0 0 14
Independents 8 0 0 8 16
Totals 403 86 0 10 499
House of Councilors vote[35]
Party In favor Oppose Abstain Not present Total
Democratic Party of Japan (DPJ) 20 31 5 0 56
Liberal Democratic Party of Japan (LDP) 101 0 0 0 101
Komeito 24 0 0 0 24
Liberal Party 12 0 0 0 12
Communist Party 0 23 0 0 23
Socialist Party 0 13 0 0 13
Independents 9 4 0 9 22
Totals 166 71 5 9 251

Provisions about the flag

Main article: Flag of Japan § Design

The drawing and construction details of the flag are given in the first appendix. 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.[2][36][37] 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.[38] Documents published by various government ministries provided different shades of red used on the flag.[39][40]

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.[3] 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.[41] The song was eventually put into a Western-style harmony by Franz Eckert and has been in use since 1880.[42] As for the sheet music itself, it displays a vocal arrangement with no mention of tempo and all of the lyrics in hiragana. It is played in a C major in common (4/4) time.[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.[43] When asked at a press conference on his birthday (December 23), Emperor Akihito declined to give his personal opinion about the passage of the law.[44] The legislation was praised by the head of one teachers' federation that with the formalization of the symbols, proper civics education can be taught and reduce incidents such as Japanese booing other countries' anthems. The legislation also drew condemnation because without a formal apology and "true remorse" over the actions of Japan during World War II, Japanese will not be proud of these symbols.[16] Ozawa saw that with the series of laws passed in 1999, including the one on the symbols of Japan, as a "bloodless revolution" towards a new future, changed Japan's national identity and set up for a possible revision of the constitution.[45]

Outside of Japan, the reaction to the passage of this law was met with mixed reactions. In the People's Republic of China and South Korea, both of which had been occupied by the Empire of Japan, the 1999 formal adoption of the Hinomaru and Kimigayo was met with reactions of Japan moving towards the right and also a step towards re-militarization. The passage of the 1999 law also coincided with the debates about the status of Yasukuni, US-Japan military cooperation and the creation of a missile defense. However, the a spokesperson for the Chinese Ministry of Foreign Affairs stated that not only the bill is a matter of Japan's internal debate, it should be resolved to move Japan towards a peaceful future. In other nations that Japan occupied, the 1999 law was met with mixed reactions or glossed over. In Singapore, the older generation still harbors ill feelings toward the symbols while the younger generation does not hold similar views. The Philippines government not only believed that Japan was not going to revert back to militarism, but the goal of the 1999 law was to formally establish two symbols (the flag and anthem) in law and every state has a right to create national symbols.[7]

Political ramifications

The entire vote showcased that the unity of the DPJ was in tatters. While the DPJ allowed a free vote, the leadership of the DPJ was split. Hatoyama, who first opposed the bill, decided to vote for it, along with DPJ Secretary General and former prime minister Tsutomu Hata. Kan, who eventually succeeded Hatoyama as prime minister in 2010,[46] voted against the bill. With the exception of the DPJ, each party voted strictly on party lines and there was no break in party discipline.[34] This was in contrast to the desired hope of Hatoyama, who wanted to not only vote for the bill to support party unity but to also bring party discipline to the forefront.[27] Due to the split of the DPJ, this allowed the easy passage of a bill that could have been made impossible.[47]

Another factor that played into the passage of the bill was the union between the LDP, the Liberal Party and the CGP. In the Diet, the union between the LDP and the Liberal Party caused them to have a majority in the lower house, but not in the House of Councilors.[7] The leadership of the LDP considered Ozawa to be a traitor, but needed him and his party to form a coalition in order to govern.[35] While the CGP only had 52 seats in the lower house, and had nothing in common policy wise with the LDP, the ideal of being a part of the ruling cabinet caused CGP to join the LDP and support this measure.[35] The SDPJ also had to abandon key party platforms, such as their earlier opposition to the symbols, security treaties with the United States and the existence of the Self Defense Forces, in order to be a part of the coalition government. Despite these concessions, the LDP did not advance any of the traditional platforms of the SDPJ and eventually removed any sort of national policy debate on them.[48] With the about face by the CGP,[49] Liberal Party and the SDPJ on this issue, the only party that held a consistent stance on the issue of the symbols was the CPJ.[50]

This led to one Japanese paper questioning where the rationality of Japanese politics went with the passage of this bill.[47] The political commentary after the vote considers this law to be the most controversial 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.[47] The "International Peace Cooperation Law" committed Japan to United Nations peacekeeping operations,[51] which was a deviation from Article 9 of the Japanese Constitution that calls for the renouncing of the "use of force as means of settling international disputes."[52]

See also

References

Notes
  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 d 国旗及び国歌に関する法律
  4. ^ 国旗及び国歌の取扱いについて
  5. ^ 国旗及び県旗の取扱いについて
  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. ^ a b c d e f Itoh, Mayumi (2001-07). "Japan's Neo-Nationalism: The Role of the Hinomaru and Kimigayo Legislation". Japan Policy Research Institute Working Paper. 79. Retrieved 2010-10-13. {{cite journal}}: Check date values in: |date= (help)
  8. ^ Turnbull 2001
  9. ^ 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)
  10. ^ MacArthur, Douglas (1947-05-02). "Letter from Douglas MacArthur to Prime Minister dated May 2, 1947". National Archives of Japan. Retrieved 2009-12-10.
  11. ^ 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)
  12. ^ Hongo, Jun (2007-07-17). "Hinomaru, 'Kimigayo' express conflicts both past and future". The Japan Times. Retrieved 2008-01-11.
  13. ^ Goodman, Neary 1996, pp. 81.
  14. ^ Itoh 2003, pp. 206.
  15. ^ Aspinall 2001, pp. 126.
  16. ^ a b "Vote in Japan Backs Flag and Ode as Symbols". The New York Times. 1999-07-23. Retrieved 2010-10-13.
  17. ^ Lall, Marie; Vickers, Edward (2003). Education as a Political Tool in Asia. Routledge. pp. 44–45. ISBN 978-0-415-45259-5. Retrieved 2010-10-13.
  18. ^ a b Hood, Christopher (2001). Japanese Education Reform: Nakasone's Legacy. Routledge. pp. 66–67. ISBN 978-0415232838. Retrieved 2010-10-13.
  19. ^ Goodman, Neary 1996, pp. 84.
  20. ^ a b Itoh 2003, pp. 209.
  21. ^ Goodman, Neary 1996, pp. 82-83.
  22. ^ "Education: Tanaka v. the Teachers". Time Magazine. 1974-06-17. Retrieved 2010-10-13.
  23. ^ Okano, Kaori; Tsuchiya, Motonori (1999). Education in Contemporary Japan. Cambridge University Press. p. 237. ISBN 9780521626866. 10.2277/0521626862. Retrieved 2010-10-13.
  24. ^ Itoh 2003, pp. 208.
  25. ^ Stockwin, James (2003). "Murayama Tomiichi". Dictionary of the Modern Politics of Japan. Routledge. p. 180. ISBN 978-0415151702. Retrieved 2010-10-14.
  26. ^ "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)
  27. ^ a b Itoh 2003, pp. 209-210.
  28. ^ "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)
  29. ^ "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)
  30. ^ "Public favors flag over anthem, poll shows". The Japan Times Online. The Japan Times. 1999-08-05. Retrieved 2010-10-14.
  31. ^ National Diet Library. 第１４５回国会　本会議　第４７号; 1999-07-22 [Retrieved 2010-01-17]. Template:Ja icon.
  32. ^ "本会議投票結果: 国旗及び国歌に関する法律案" (in Template:Ja icon). House of Councillors. 1999. Retrieved 2010-10-13.{{cite web}}: CS1 maint: unrecognized language (link)
  33. ^ House of Representatives. 議案審議経過情報: 国旗及び国歌に関する法律案; 1999-08-13 [Retrieved 2010-01-17]. Template:Ja icon.
  34. ^ a b Itoh 2003, pp. 210.
  35. ^ a b c Itoh 2003, pp. 211.
  36. ^ 明治3年太政官布告第57号
  37. ^ Takenaka 2003, pp. 68–69.
  38. ^ "National Flag & National Anthem". Cabinet Office, Government of Japan. 2006. Retrieved 2010-01-02.
  39. ^ Ministry of Defense. Defense Specification Z 8701C (DSPZ8701C) [PDF]; 1973-11-27 [Retrieved 2009-07-09]. Template:Ja icon.
  40. ^ "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)
  41. ^ 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)
  42. ^ Web Japan. Japanese Ministry of Foreign Affairs. National Flag and Anthem [PDF]; 2000 [Retrieved 2009-12-11].
  43. ^ "Statement of Prime Minister Keizo Obuchi". Ministry of Foreign Affairs. 1999-08-09. Retrieved 2010-01-28.
  44. ^ "Press Conference on the occasion of His Majesty's Birthday (1999)". The Imperial Household Agency. 1999-12-23. Retrieved 2010-01-28.
  45. ^ McCormack, Gavan (2001). The Emptiness of Japanese Affluence. M. E. Sharpe. pp. xvii. ISBN 978-0765607683. Retrieved 2010-10-14.
  46. ^ Kan, Naoto (2010-06-11). "Policy Speech by Prime Minister Naoto Kan". Official Website of the Prime Minister of Japan and His Cabinet. Retrieved 2010-10-13.
  47. ^ a b c DWilliams 2006, pp. 91.
  48. ^ Reed, Steven (2003). Japanese Electoral Politics: Creating a New Party System. Routledge. pp. 27–28. ISBN 978-0415311403. Retrieved 2010-10-14.
  49. ^ Amyx, Jennifer (2003). Japanese Governance: Beyond Japan Inc. Routledge. p. 43. ISBN 978-0415304696. Retrieved 2010-10-14. {{cite book}}: Unknown parameter |editors= ignored (|editor= suggested) (help)
  50. ^ Itoh 2003, pp. 212.
  51. ^ "International Peace Cooperation Headquarters". Cabinet Office, Government of Japan. Retrieved 2010-10-13.
  52. ^ Constitution of Japan Article 9
Bibliography
Legislation

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