DIET WILL LIKELY PASS DPRK HUMAN RIGHTS

C O N F I D E N T I A L SECTION 01 OF 02 TOKYO 001003 SIPDIS SIPDIS DEPARTMENT PLEASE PASS TO TREASURY DAS GLASER E.O. 12958: DECL: 02/23/2016 TAGS: PREL PHUM PARM JA KN SUBJECT: DIET WILL LIKELY PASS DPRK HUMAN RIGHTS LEGISLATION BY JUNE Classified By: A/DCM James P. Zumwalt. Reasons: 1.4 (b),(d). ¶1. (C) SUMMARY: There is a "good chance" the ruling coalition will pass a "Bill of Human Rights in North Korea" by the end of the current Diet session in June, LDP Upper House Councillor Ichita Yamamoto told us February 22. The proposed LDP legislation would: -- Establish a North Korea human rights day -- Require an annual report on DPRK human rights violations -- Encourage Japanese government to work closely with international community (and possibly NGOs) to address North Korea human rights concerns. According to Yamamoto, the draft bill is intended to "send a message to the DPRK" that the Diet will vote for passage if North Korea does not make a sincere effort to resolve the abduction issue and return to the Six-Party talks this spring. END SUMMARY. Good Prospect for Passage -------------- ¶2. (C) Upper House Councillor Ichita Yamamoto, Chair of the LDP Simulation Team for Economic Sanctions Against North Korea, met with POLOFF February 22 to discuss the LDP's proposed North Korea human rights bill. Yamamoto is also Director of the LDP Division of Foreign Affairs, and reputed to have close ties to Chief Cabinet Secretary SHINZO Abe. For the past several years Yamamoto has had the lead in drafting North Korea-related legislation for the LDP, including the two DPRK sanctions bills passed by the Diet in 2004 and last year's failed attempt to pass a DPRK human rights bill. ¶3. (C) Yamamoto shared with us an outline of the new bill provisionally entitled: "LDP Bill of Human Rights in North Korea." The outline has been approved by the LDP Headquarters on the Abduction Issue, and the Simulation Team has now begun drafting the text of the bill. They will meet on Friday February 24 to discuss its content in greater detail, Yamamoto said. Following approval of the text, the bill will be submitted to several LDP policy divisions, then to the LDP Policy Affairs Research Council, and finally to the LDP General Affairs Council. Following this internal LDP review process, the draft will be submitted to the Diet. The LDP has not yet approached its coalition partner, Komeito, about the proposed bill, but plans to do so soon, Yamamoto 
said. Given the mood of the country, he expects no Komeito opposition. He also made it clear the LDP has no intention of collaborating with the opposition DPJ "because we simply don't need their help to pass it," Yamamoto said. Furthermore, the DPJ's draft bill, which more closely resembles the U.S. North Korea Human Rights Act, includes a provision for accepting North Korean refugees, a feature that was partly responsible for killing last year's legislation effort, he explained. Mild Content -------------- ¶4. (C) As currently outlined, the LDP Bill of Human Rights in North Korea would: -- Instruct Japanese authorities to make efforts to "enlighten public opinion" concerning human rights infringement by North Korean authorities. -- Establish a "Day to Consider Human Rights Infringement in North Korea." -- Task the Japanese government with producing an annual report that "clarifies the actual status of human rights violations by the DPRK." TOKYO 00001003 002 OF 002 -- Encourage the Japanese government to "make every effort" to resolve the abduction issue and to work with other members of the international community and appropriate international organizations to address the issue. -- Require the Japanese government to "examine how best to work with domestic and external private organizations" (NGOs) on this issue. ¶5. (C) MOFA Northeast Asia Division Director Naoki Ito, who has been in close consultations with the LDP Simulation Team on this measure, told us that the current draft contains a "trigger clause" that would "instruct" the Japanese government to invoke the economic sanctions bills previously passed by the Diet if Pyongyang makes no further effort to resolve the abduction issue. Because the current version would force the cabinet to act against its will, Ito said it is disparagingly being referred to as the "Government Rape Bill" by some officials in MOFA and the Kantei. However, strong objections by the government -- which pointed out that the Diet does not have the authority to command the cabinet in this manner -- have reportedly convinced the LDP to water down the language of the "trigger clause." The final bill is likely to merely "encourage" the government to take "swift measures" if progress is not forthcoming, Yamamoto said, thereby allowing the government continued flexibility in deciding how best to deal with Pyongyang. "Sending a Message" -------------- ¶6. (C) The main purpose of the bill will be to "send a message" to the DPRK, according to Yamamoto. It is difficult for the Japanese government to take harsh measures against Pyongyang because of concerns that such actions would only worsen the situation, he acknowledged. He believes "it is "good" that the bill includes nothing that will substantially harm the DPRK, because hard hitting unilateral sanctions would only lead to increased tensions. At the same time, Japan needs to "do something" to respond to the public mood, Yamamoto underscored. Through this bill, the Diet intends to amplify the message sent by the United Nations that North Korea must address its human rights situation, he explained. Yamamoto believes the DPRK is already getting that message because at the February 4-8 Japan-DPRK bilateral talks the North Korean head of delegation, Ambassador Song Il-ho, mentioned Pyongyang's displeasure with the proposed bill. Yamamoto said he and other LDP Diet members plan to "add to North Korea's displeasure" by traveling to Macau "sometime very soon" to meet with financial people regarding the Banco Delta Asia designation. "That, too, will send a message to the North," he said. ¶7. (C) Ultimately, whether the LDP actually decides to pass its North Korea human rights bill in this Diet session "will be up to North Korea," Yamamoto concluded. Japan will wait for the result of further bilateral talks and Six-Party negotiations this spring, while proceeding to move the bill through the legislative process. If the DPRK offers no breakthrough, the bill is likely to pass the Diet in May or June, he predicted, following final passage of the FY2006 budget. SCHIEFFER