Photo/Illutration Prime Minister Sanae Takaichi bows to a Hinomaru national flag after she delivered a policy speech at the Upper House plenary session on Oct. 24. (Asahi Shimbun file photo)

The law on the national flag and anthem, enacted in 1999, consists of only two clauses. The law established the “Nisshoki” (flag of rising sun) as the national flag of Japan and “Kimigayo” as the national anthem.

But in its draft form, prepared by the Cabinet of Prime Minister Keizo Obuchi (1937-2000) for submission to the Diet, there actually was a third clause that stipulated to the effect, “Japanese citizens must respect the national flag and the national anthem.”

What would constitute “disrespecting” them? How about if only the flag’s width was increased while leaving the length unchanged?

This question was posed by the Cabinet Legislation Bureau, which was reviewing the draft. Unable to come up with an answer, the Cabinet amended the clause to the effect, “The national flag and the national anthem must be treated in a manner that protects their dignity.”

But in the end, the prime minister’s office decided to scrap the clause itself.

What led to that decision? I once asked Teijiro Furukawa (1934-2022), who was deputy chief Cabinet secretary at the time.

“We needed to avoid provoking a public dispute over a matter that concerns the nation’s basic principles,” he explained. “We assumed some people would set off the unwanted argument about ‘shamelessly failing to uphold one’s duty to respect (the flag and the anthem).’”

That was commendable insight. The people who worked with Furukawa must have also given thought to the constitutional guarantee of “freedom of thought and conscience,” and decided to eliminate the third clause to minimize the prospect of creating an unwanted rift in society.

Whether aware or not of this intent, the Liberal Democratic Party and Nippon Ishin (Japan Innovation Party) are now attempting to establish what they call the “crime of damaging or defiling the national emblem of Japan.”

The Sanseito party has already proposed a bill to criminalize the defacement of the Japanese flag in contempt of the nation. The bill may clear the Diet if it gains the support of the LDP and Nippon Ishin.

But even if it becomes law, there may not be too many cases that will be prosecuted under it.

Still, given the current social atmosphere, I can’t really write off the disturbing possibility of people practicing “self-censorship,” even before investigations begin, to avoid the hassle of being confronted and accused of not treating the Hinomaru respectfully enough.

--The Asahi Shimbun, Nov. 15

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Vox Populi, Vox Dei is a popular daily column that takes up a wide range of topics, including culture, arts and social trends and developments. Written by veteran Asahi Shimbun writers, the column provides useful perspectives on and insights into contemporary Japan and its culture.

 

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