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Act on National Flag and Anthem[1]
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 Act 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 established Japan's national flag and anthem. Before the ratification of the law on August 13, 1999, there was no official flag or anthem for Japan. The Nisshōki (日章旗) flag, commonly referred to as the Hinomaru (日の丸),[3] had represented Japan unofficially since 1870; Kimigayo (君が代) had been used as Japan's de facto anthem since 1880.

After Japan's defeat in World War II, there were suggestions to legislate the Hinomaru and Kimgayo as the official symbols of Japan. However, a law to make both symbols official in 1974 failed to gain a majority in the Diet, due to the symbols' connection with the militaristic history of Japan. It was suggested that both symbols be made official in 1999, after a school principal in Hiroshima committed suicide over a dispute regarding the symbols. After a vote in both houses of the 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 Diet since 1990. The debate surrounding the law also revealed a split in the leadership of the opposition Democratic Party of Japan and the party discipline of the ruling Liberal Democratic Party and collation partners.

The passage of the law was met with mixed feelings. Although some Japanese hailed the passage, others felt that it was a shift toward restoring nationalistic feelings and education. In the countries occupied by Japan in World War II, some felt that the passage of the law, along with debates on laws related to military affairs and Yasukuni Shrine, was a shift toward the right of the political spectrum. Other nations felt that the Act was an internal affair and that every nation, including Japan, has the right to choose its own symbols.

Text of the Act

The Act on National Flag and Anthem established the Nisshōki as the national flag and the song Kimigayo as the national anthem. Details about each symbol were provided in appendices, including specifications such as the construction of the flag and sheet music for Kimigayo. The law made no provisions for the use or respect of either symbol,[4] leading to different national and prefectural agencies and ministries formulating their own regulations.[5][6][7] The rules for use of the symbols were not specified; if they had been included, the bill would not have gained enough support in the Diet to pass.[8]

Provisions for the flag

The flag has a ratio of two by three. The diameter of the sun is three-fifths of the length of the flag. The sun is placed directly in the center.
Construction sheet
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 two units length to three units width (2:3). The red disc is at the exact center of the flag and has a diameter three-fifths of the flag's length. The flag formerly had a ratio of seven to ten units (7:10), with the red disc off-center by one-hundredth of the flag's length toward the side of the hoist.[3][9][10] However, the law allowed the continued use and manufacture 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,[4] which merely stated it is a deep shade.[11] Documents published by various government ministries provided different shades of red for the flag.[12][13]

Provisions for the anthem

Instrumental and Vocal
Recording made in 1930 (1m:30s)
Problems playing this file? See media help.

The lyrics and musical 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 credits Hiromori Hayashi for the musical arrangement.[4] However, evidence suggests that Yoshiisa Oku and Akimori Hayashi (son of Hiromori) authored the music; Hiromori had put his name on it for serving as their supervisor and Chief Court Musician of the Imperial Court.[14] The song was eventually put to a Western-style melody by Franz Eckert and has been in use since 1880.[15] The lyrics on the sheet music are in hiragana, and the vocal arrangement has no mention of tempo. The anthem is played C major in common (4/4) time.[4]

Hinomaru and Kimigayo before 1999

The Hinomaru was widely used on military banners in the Sengoku period of the 15th and 16th centuries.[16] During the Meiji Restoration, on February 27, 1870 (January 27, Meiji 3 in the Japanese calendar), the flag was officially adopted as the civil ensign by Proclamation No. 57. Use of the Hinomaru was severely restricted during the early years of the American occupation after World War II, although restrictions were later relaxed.[17][18] Japanese law did not designate a national flag from 1885 to 1999, although the Hinomaru was legally the national flag from 1870 to 1885.[19] Despite this, several military banners of Japan are based on the design of the Hinomaru, including the sun-rayed Naval Ensign.[20][21] The Hinomaru was used as a template to design other Japanese flags.[22]

Kimigayo is one of the world's shortest national anthems, with a length of 11 measures and 32 characters. Its lyrics are based on a Waka poem written in the Heian period (794–1185) and sung to a melody composed in the Meiji period (1868–1912). The current melody, chosen in 1880, replaced an unpopular one composed in 1869.[23] During the American occupation of Japan, there were no directives by the Supreme Commander of the Allied Powers to restrict use of Kimigayo by the Japanese government.[24] However, only the score of Kimigayo was played during official ceremonies following the war; the lyrics were not sung.[25]

Background of the legislation

The proposal for the law was motivated by the suicide of a school principal in Hiroshima, who could not resolve a dispute between his school board and his teachers over use of the Hinomaru and Kimigayo.[26] The principal of Sera High School in Sera, Ishikawa Toshihiro, killed himself the evening before his school's graduation ceremony.[27] 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.[28][29] Failing to win their support, Toshihiro saw no other option but to take his own life.[29] Toshihiro's suicide prompted Prime minister Keizo Obuchi of the Liberal Democratic Party (LDP) to draft the legislation for making the Hinomaru and Kimigayo official symbols of Japan. He intended the law to be introduced in 2000, but his Chief Cabinet Secretary, Hiromu Nonaka, wanted it in effect by November 1999, the 10th anniversary of the coronation of Akihito as Emperor.[30]

The suggestion for such a law was not a new concept. After the return of Okinawa to Japan in 1972 and the global oil crisis of 1973, Prime Minister Tanaka Kakuei hinted in 1974 at the passage of a law that would legalize use of both symbols in Japanese society.[31] At the time of his suggestion, the Japan Teachers Union was opposed to using the anthem because it "[smacked] of emperor worship" and was connected to pre-war militarism. Although the literacy rate in Japan was 99 percent, many students did not know what Kimigayo was or how to sing it. In addition to instructing the schools to teach and play Kimigayo, Kakuei wanted students to raise the Hinomaru flag and read the Imperial Rescript on Education—pronounced by the Meiji Emperor in 1890—every morning.[32] Kakuei was unsuccessful in passing the law through the Diet that year.[33]

Party positions

The main conservative parties of Japan, the LDP and the Liberal Party, were the chief supporters of the bill. LDP general secretary and future prime minister Yoshiro Mori stated in June 1999 that the Japanese people had accepted both the Hinomaru and Kimigayo as national symbols. The president of the Liberal Party, Ichiro Ozawa, echoed the same sentiment and believed that the Diet could not conclude otherwise.[8] The New 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 joining the LDP coalition.[34]

The Social Democratic Party (SDPJ) and Communist Party (CPJ) opposed the bill because of the connotations both symbols have with the war era, and because the public was not allowed to decide the issue by a referendum.[30] The chairman of the CPJ said that the party would prefer new symbols—ones that represent a democratic and peaceful Japan.[8] The SDPJ's opposition was a change from its previous stance toward the symbols; 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 in 1994.[35]

The president of the Democratic Party of Japan (DPJ), Naoto Kan, stated that the DPJ must support the bill because the party had already recognized both as symbols of Japan.[36] Deputy Secretary General and future prime minister Yukio Hatoyama believed that the bill would cause further divisions among society and the public schools.[37] The DPJ offered an amendment to the bill that designated the Hinomaru as the national flag but gave Kimigayo no special status; an alternative anthem was to be found. On July 16, the DPJ decided to issue their amendment; if it was rejected, the party members would be allowed to vote freely.[38] Other groups issued their own bills against the government's legislation; they were all rejected before the main vote on the bill.[39]

Public opinion

In the week before the vote in the House of Councillors, The Japan Times conducted a poll in the cities of Tokyo, Osaka and Hiroshima. Approximately nine out of ten respondents favored having the Hinomaru as the national flag, and six out of ten supported Kimigayo as the national anthem. Overall, about 46 percent were in favor of the bill. Respondents believed that the Hinomaru is the flag of Japan and that its history should be taught. Some felt that Kimigayo was an inappropriate anthem for modern Japan; one respondent suggested the song Sakura Sakura instead. Another suggestion was to keep the melody of Kimigayo but replace the lyrics.[40]

The poll by The Japan Times yielded different results from the March 1999 poll conducted by the Yomiuri Shimbun and the July 1999 one by the Japan Research Council on Public Opinion Polls. In the poll by the Yomiuri Shimbun, taken after the suicide of Toshihiro, 61 percent felt that the symbols of Japan should be the Hinomaru as the flag and Kimigayo as the anthem. Sixty-four percent felt it desirable to have both symbols used at school ceremonies, and 68 percent felt both symbols should be made official by law. The poll by the Japan Research Council on Public Opinion Polls showed similar results—68 percent felt that both the Hinomaru and Kimigayo are the symbols of Japan, and 71 percent supported the bill in the Diet. Both polls had slightly less than 2,000 respondents. There was 15 percent more support for the Hinomaru than for Kimigayo, which was directly associated with the emperor. Both polls also showed that older generations had a greater attachment to the symbols, while younger generations exhibited more negative feelings.[8]

Vote

The House of Representatives passed the bill on July 22, 1999, by a 403-to-86 vote.[41] The legislation was sent to the House of Councilors on July 28 and was passed on August 9 by a 166-to-71 vote.[42] It was enacted as law on August 13.[43]

House of Representatives vote[44]
Party In favor Oppose Abstain Not present Total
Democratic Party of Japan 45 46 0 1 92
Liberal Democratic Party of Japan 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[45]
Party In favor Oppose Abstain Not present Total
Democratic Party of Japan 20 31 5 0 56
Liberal Democratic Party of Japan 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

Reactions

Obuchi was enthusiastic over the passage of the law because it established a "clear basis by written law"[46] for use of the symbols. He felt this was a major move for Japan, coming when they were "about to move into the 21st century".[46] Emperor Akihito declined to comment on the law when asked at a press conference on his birthday (December 23).[47] 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"[27][48] for those incidents—they saw no reason to be proud about the flag and anthem.[27][48] 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.[48]

Within the school systems, one of the major battlegrounds when it came to the use of the symbols,[49] the reactions were also mixed. The 1999 curriculum 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 sing the "Kimigayo" (national anthem), given the significance of the flag and the song."[50] Additionally, the ministry's commentary on the 1999 curriculum guideline for elementary schools note 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 and Kimigayo as they grow up to be respected Japanese citizens in an internationalized society."[51] The ministry also stated that if Japanese students cannot respect their own symbols, then they will not be able to respect the symbols of other nations.[52] In Hiroshima Prefecture, where Sera High School is located, the reaction was mostly negative. As one of the two prefectures affected by nuclear weapons during World War II, the education of Hiroshima has been biased with regards to information regarding the symbols and the Emperor due to pressure from native groups and teacher's unions. The passage of the law was seen as an "annoyance," running counter to educational practices in the prefecture and unlikely be able to resolve issues inside Hiroshima.[53]

Beyond Japan, the passage of the law was met with mixed reactions. In the People's Republic of China and South Korea, the 1999 formal adoption of the Hinomaru and Kimigayo—along with debates about the status of the Yasukuni Shrine, US–Japan military cooperation, and the creation of a missile defense—was met with the notion that Japan was moving toward the right of the political spectrum. Both nations had been occupied by the Empire of Japan, and feared that the rightward shift would revive re-militarization in Japan. However, the spokesperson for the 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. In Singapore, older generations harbored ill feelings toward the symbols. The Philippines 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.[8]

Political ramifications

The split in DPJ's votes for the Act showed that the unity of its members was in tatters. The DPJ had allowed their elected members to cast their votes without care for the party line; the party leadership itself was split. Hatoyama overcame his opposition and voted for the bill, along with DPJ Secretary General and former prime minister Tsutomu Hata. Kan, who eventually succeeded Hatoyama as prime minister in 2010,[54] voted against the bill. With the exception of the DPJ, each party voted strictly along its party line, and none among them broke party discipline.[44] 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 easy for the bill to pass.[37][55]

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.[8] The leadership of the LDP considered Ozawa to be a traitor, but needed him and his party to form a coalition to govern.[45] 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.[45] The SDPJ 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—to join the coalition. Despite the concessions of the SPDJ, the LDP focused on their own agendas and did not advance any of SDPJ's traditional platforms. Eventually, those policies advocated by the SPDJ were removed from the national policy debate.[56] The only party that stuck to its stance throughout the debate was the CPJ; the CGP, Liberal Party and SDPJ switched sides to support the bill.[57][58]

The vote switching led a writer for The Japan Times to question the rationality of the country's politics over the passage of the bill.[55] 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".[55] This law committed Japan to United Nations peacekeeping operations;[59] it was 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."[60]

References

Notes
  1. ^ "Act on National Flag and Anthem". Japanese Law Translation. Ministry of Justice. 2009-04-01. Retrieved 2010-10-24.
  2. ^ "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. {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  3. ^ a b "Basic / General Information on Japan". Consulate-General of Japan in San Francisco. 2008-01-01. Retrieved 2009-11-19.
  4. ^ a b c d Act on National Flag and Anthem 1999
  5. ^ Regarding the Treatment of the National Flag and Anthem 1999
  6. ^ Regarding the Treatment of the National and Prefectural Flags 2003
  7. ^ "プロトコール" (PDF) (in Japanese). 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)
  8. ^ 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)
  9. ^ Prime Minister's Proclamation No. 57 1870
  10. ^ Takenaka 2003, pp. 68–69.
  11. ^ "National Flag & National Anthem". Cabinet Office, Government of Japan. 2006. Retrieved 2010-01-02.
  12. ^ Ministry of Defense. Defense Specification Z 8701C (DSPZ8701C) [PDF]; 1973-11-27 [Retrieved 2009-07-09]. Japanese.
  13. ^ "日章旗のマーク、ODAシンボルマーク" (PDF) (in Japanese). Office of Developmental Assistance. 1995-09-01. Retrieved 2009-09-06. {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  14. ^ Joyce, Colin (2005-08-30). "Briton who gave Japan its anthem". The Daily Telegraph. Retrieved 2010-10-21.
  15. ^ Web Japan. Japanese Ministry of Foreign Affairs. National Flag and Anthem [PDF]; 2000 [Retrieved 2009-12-11].
  16. ^ Turnbull 2001
  17. ^ Yoshida, Shigeru (1947-05-02). "Letter from Shigeru Yoshida to General MacArthur dated May 2, 1947" (in Japanese and English). National Diet Library. Retrieved 2007-12-03.
  18. ^ MacArthur, Douglas (1947-05-02). "Letter from Douglas MacArthur to Prime Minister dated May 2, 1947". National Archives of Japan. Retrieved 2009-12-10.
  19. ^ Cripps, D (1996). "Flags and Fanfares: The Hinomaru Flag and 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)
  20. ^ Self-Defense Forces Law Enforcement Order 1954
  21. ^ JMSDF Flag and Emblem Rules 2008
  22. ^ Communications Museum "Tei Park". 郵便のマーク [Retrieved 2010-02-06]. Japanese.
  23. ^ Hongo, Jun (2007-07-17). "Hinomaru, 'Kimigayo' express conflicts both past and future". The Japan Times Online. The Japan Times. Retrieved 2010-10-28.
  24. ^ Goodman 1996, pp. 81.
  25. ^ Itoh 2003, pp. 206.
  26. ^ Aspinall 2001, pp. 126.
  27. ^ a b c "Vote in Japan Backs Flag and Ode as Symbols". The New York Times. 1999-07-23. Retrieved 2010-10-13.
  28. ^ Lall 2003, pp. 44–45.
  29. ^ a b Hood 2001, pp. 66–67
  30. ^ a b Itoh 2003, pp. 209.
  31. ^ Goodman 1996, pp. 82–83.
  32. ^ "Education: Tanaka v. the Teachers". Time Magazine. 1974-06-17. Retrieved 2010-10-13.
  33. ^ Okano 1999, pp. 237.
  34. ^ Itoh 2003, pp. 208.
  35. ^ Stockwin 2003, pp. 180.
  36. ^ "国旗国歌法制化についての民主党の考え方" (in Japanese). Democratic Party of Japan. 1999-07-21. Retrieved 2010-01-17. {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  37. ^ a b Itoh 2003, pp. 209–210.
  38. ^ "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 Japanese). Democratic Party of Japan. 1999-07-16. Retrieved 2010-01-18. {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  39. ^ "国旗・国歌法案、衆院で可決　民主党は自主投票" (in Japanese). Democratic Party of Japan. 1999-07-22. Retrieved 2010-01-18. {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  40. ^ "Public favors flag over anthem, poll shows". The Japan Times Online. The Japan Times. 1999-08-05. Retrieved 2010-10-14.
  41. ^ National Diet Library. 第１４５回国会　本会議　第４７号 [145th Session of the Diet, plenary meeting No. 47]; 1999-07-22 [Retrieved 2010-01-17]. Japanese.
  42. ^ "本会議投票結果: 国旗及び国歌に関する法律案" (in Japanese). House of Councillors. 1999. Retrieved 2010-10-13. {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  43. ^ House of Representatives. 議案審議経過情報: 国旗及び国歌に関する法律案 [Deliberation Information: Act on National Flag and Anthem]; 1999-08-13 [Retrieved 2010-01-17]. Japanese.
  44. ^ a b Itoh 2003, pp. 210.
  45. ^ a b c Itoh 2003, pp. 211.
  46. ^ a b "Statement of Prime Minister Keizo Obuchi". Ministry of Foreign Affairs. 1999-08-09. Retrieved 2010-01-28.
  47. ^ "Press Conference on the occasion of His Majesty's Birthday (1999)". The Imperial Household Agency. 1999-12-23. Retrieved 2010-01-28.
  48. ^ a b c McCormack 2001, pp. xvii.
  49. ^ Weisman, Steven R. For Japanese, Flag and Anthem Sometimes Divide. The New York Times. 1990-04-29 [Retrieved 2010-01-02].
  50. ^ Hiroshima Prefectural Board of Education Secretariat. 学習指導要領における国旗及び国歌の取扱い [Handling of the flag and anthem in the National Curriculum]; 2001-09-11 [Retrieved 2009-12-08]. Template:Ja icon.
  51. ^ Ministry of Education. 小学校学習指導要領解説社会編，音楽編，特別活動編 [National Curriculum Guide: Elementary social notes, Chapter music Chapter Special Activities]; 1999. Template:Ja icon.
  52. ^ Aspinall 2001, pp. 125.
  53. ^ Murakami, Asako (1999-08-09). "Flag-anthem law no end to controversy". The Japan Times Online. The Japan Times Online. Retrieved 2011-02-13.
  54. ^ 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.
  55. ^ a b c Williams 2006, pp. 91.
  56. ^ Reed 2003, pp. 27–28.
  57. ^ Itoh 2003, pp. 212.
  58. ^ Amyx 2003, pp. 43.
  59. ^ "International Peace Cooperation Headquarters". Cabinet Office, Government of Japan. Retrieved 2010-10-13.
  60. ^ Constitution of Japan Article 9
Bibliography
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