DAILY SUMMARY OF JAPANESE PRESS 06//07

UNCLAS SECTION 01 OF 10 TOKYO 002664 SIPDIS SIPDIS DEPT FOR E, P, EB, EAP/J, EAP/P, EAP/PD, PA WHITE HOUSE/NSC/NEC; JUSTICE FOR STU CHEMTOB IN ANTI-TRUST DIVISION; TREASURY/OASIA/IMI/JAPAN; DEPT PASS USTR/PUBLIC AFFAIRS OFFICE; SECDEF FOR JCS-J-5/JAPAN, DASD/ISA/EAPR/JAPAN; DEPT PASS ELECTRONICALLY TO USDA FAS/ITP FOR SCHROETER; PACOM HONOLULU FOR PUBLIC DIPLOMACY ADVISOR; CINCPAC FLT/PA/ COMNAVFORJAPAN/PA. E.O. 12958: N/A TAGS: OIIP KMDR KPAO PGOV PINR ECON ELAB JA SUBJECT: DAILY SUMMARY OF JAPANESE PRESS 06//07 INDEX: (1) Defense Ministry considering sending active uniformed SDF officer to Taiwan for temporary duty; China likely to react strongly (2) Collective defense right and constitutional interpretation (3) Commentary: MSDF rollout for Futenma survey results in offending local feelings (4) Agricultural and health ministries report to LDP that their inspections of US beef shippers found no problems (5) Achievements and limits of ABE diplomacy: No progress on North Korea issues but high profile on environment (6) Agriculture Minister Akagi received donations from JA and other subsidized corporations possibly in violation of Political Funds Control Law (7) Child porn: US calls on Japan to revise law for punishment on imagery possession (8) Spreading child pornography: Japanese law stands in way of investigations ARTICLES: (1) Defense Ministry considering sending active uniformed SDF officer to Taiwan for temporary duty; China likely to react strongly MAINICHI (Page 1) (Abridged) Eve., June 13, 2007 The Ministry of Defense today decided to consider dispatching an on-duty uniformed Self-Defense Forces (SDF) officer to the Interchange Association (Taipei office),which is the contact point for exchanges between Japan and Taiwan. The Taipei office is a private sector organization, but in reality, it carries out the functions of an embassy. There are approximately 30 Foreign Ministry and other agency officials who have resigned their commissions and are posted there, but the only person there from the Defense Ministry is a retired SDF officer. China is likely to react strongly to the new move, as "leading to the strengthening of self-defense ties between Japan and Taiwan." The Defense Ministry has dispatched attaches as government emissaries to embassies in 35 countries and two international organizations. Since it cannot dispatch a defense attach to Taiwan, with which Japan has no diplomatic relations, it appears that the uniformed officer will have the title of liaison officer or the like and be sent on a lengthy temporary-duty assignment. Many countries, including the United States, send uniformed officers on active duty to Taiwan. A senior official at the Defense Ministry said, "It's strange that only Japan does not dispatch such." The official indicated that consideration of such a dispatch is underway. (2) Collective defense right and constitutional interpretation TOKYO SHIMBUN (Page 3) (Full) June 12, 2007 TOKYO 00002664 002 OF 010 SUBJECT: DAILY SUMMARY OF JAPANESE PRESS 06//07 Hidehiro Honda, Takashi Nakayama, and Haruka Osugi, political department A government panel tasked with discussing the legal foundation for national security for the exercise of the right to collective defense yesterday began examining specific details of four scenarios Prime Minister SHINZO ABE had presented to them. We asked Shunji Yanai, chair of the panel, and Masahiro Sakata, former director general of the Cabinet Legislation Bureau, about the direction of discussions in which the focus will be on a review of the government interpretation of the Constitution regarding the exercise of the right to collective defense. There is room for changing the interpretation with Diet reply Question: Why is a debate on the right of collective defense needed? Yanai: After the end of Cold War, the international security environment greatly changed due to terrorism, regional conflicts, proliferation of nuclear weapons and weapons of mass destruction, and the North Korea situation. Japan has to make the Japan-US alliance smoothly function and take part more proactively in such international peace activities as UN peacekeeping operations (PKO). However, there is an obstacle. Question: What is the obstacle? Yanai: The obstacle is that Japan is allowed to use only the right of individual defense. The current interpretation of the Constitution does not allow Japan to do activities that exceed the scope of the individual defense right. Question: Do you think the alliance between Japan and the United States will be jeopardized if Japan does not intercept a missile aimed at the US? Yanai: I think so. The Japan-US alliance is indispensable for Japan's security. As an ally, Japan should at least help the US if it needs it. Question: Is it possible to change the interpretation of the Constitution that has emerged over 60 years? Yanai: The international situation has substantially changed. The current interpretation was made based on neither law nor approval of the Diet. A government office made the current interpretation and it stated the interpretation at the Diet. Therefore, I think we can reinterpret the Constitution by going through the same procedure. This is my personal view. Question: Do you think the present interpretation can be changed by Diet reply? Yanai: I personally think so. The Constitution does not stipulate that Japan is not allowed to exercise the collective defense right or participate in UN collective security. Therefore, there is room for another interpretation. Question: Will your panel discuss reinterpretation of the collective defense right? TOKYO 00002664 003 OF 010 SUBJECT: DAILY SUMMARY OF JAPANESE PRESS 06//07 Yanai: We will clarify controversial points regarding whether the individual defense right can be applied to the four scenarios; whether the collective defense right is the only way to resolve the scenarios; whether the scenarios come under the UN collective security; and whether there are other legal principles. Question: Some say that the Constitution should be amended rather than reinterpreted. Yanai: I think there is considerable room for reinterpreting the Constitution (for the four scenarios). I have no idea how many years constitutional amendment would take. The international situation will change. We have to do what we can do now. How far we can do and what kind of brakes can we apply? I expect discussions from now on. Masahiro Sakata: Constitutional amendment necessary Question: Why is the use of the collective defense right unconstitutional? Sakata: Japan is allowed to use only the minimum necessary armed force in order to prevent military attacks on it. Article 9 of the Constitution and the entire Constitution do not stipulate that Japan is allowed to use force. Question: Some criticize that it is difficult to understand the government interpretation that Japan has the right to collective defense but cannot use it. Sakata: Those who do not know about law raise such an argument. International law allows a nation all kings of rights. If international law says that a state has the right, it can have military strength. Article 9 writes, however, that the use of the nation's right can be limited by the will of the public. Question: Is it possible for one cabinet to reinterpret the Constitution? Sakata: I think it's possible. Japan is a nation ruled by law. It is difficult to reinterpret the Constitution by exceeding the logical interpretation. The interpretation that has emerged from the Diet over the 60 years after the war cannot be ruled out. Question: Do you think the Constitution should be amended instead of reinterpreted? Sakata: The Constitutional Amendment Procedures Law has now been enacted. In order also to maintain public confidence in the Constitution, the high road is to follow the procedures for constitutional amendment. Should the fact that Japan cannot use the collective defense right have a negative impact on the Japan-US alliance, the Constitution should be amended. Question: Some say that it is not a constitutional issue but a policy issue to be decided by the prime minister. Sakata: The interpretation of the Constitution is not a policy issue. How to read provisions is not a policy argument. Question: The prime minister has asserted that if Japan does not try to shoot down a missile aimed at the US, it will lose the trust of the United States. TOKYO 00002664 004 OF 010 SUBJECT: DAILY SUMMARY OF JAPANESE PRESS 06//07 Sakata: At present it's impossible technically for Japan to shoot down such a missile. I think doing so is difficult for Japan because of Article 9. Question: What's your view on the selection of the panel members? Sakata: Since the panel discusses the constitutional interpretation, I think there should be more constitutional scholars on it. Question: Do you think the use of the collective defense could be allowed by specific laws rather than constitutional amendments? Sakata: I think it is difficult to allow the use of the collective defense and Japan's participation in a multinational force (unless the Constitution is amended). The law that the exercise of the collective defense right is unconstitutional is valid. Four scenarios Prime Minister ABE asked the panel to study include: 1) Whether an MSDF vessel can strike back when a warship from the US alongside it is attacked on the high seas; 2) Whether Japan can intercept a ballistic missile aimed at the US; 3) Whether the SDF can use arms to aid other countries' soldiers if they come under attack while taking part in the same international peacekeeping operation; 4) Whether Japan can provide logistic support to other countries' troops taking part in such international activities as PKOs. (3) Commentary: MSDF rollout for Futenma survey results in offending local feelings YOMIURI (Page 15) (Full) June 13, 2007 Hidemichi Katsumata, senior writer On the sidelines of relocating the US military's Futenma airfield in Ginowan, Okinawa Prefecture, the government employed the Maritime Self-Defense Force last month to look into the current state of the seawaters near the relocation site. This only served to upset the local population's feelings toward the Self-Defense Forces. In mid-April, the MSDF was called to mobilize its divers-who are tasked primarily with detonating mines-to install equipment needed for the survey. "Why do we have to move out?" So saying, an MSDF minesweeping flotilla officer recalled the mobilization order. However, Defense Agency leaders were firmly determined. One said: "We've been unable to do anything over the past 10 years since the agreement of SACO (short for the Special Action Committee on Facilities and Areas in Okinawa) that decided to return Futenma airfield. We're not allowed to do the same again. That would be a national embarrassment." Another said: "The SDF may end up losing public confidence. But there's way to avoid it." The Defense Facilities Administration Agency outsourced the survey to diving and research companies in the private sector. The Defense Agency made the request to the MSDF because it could anticipate local opponents' interference with their work. In the case of TOKYO 00002664 005 OF 010 SUBJECT: DAILY SUMMARY OF JAPANESE PRESS 06//07 engaging the SDF in such nonmilitary activities, the SDF must be the only one that cannot be replaced for such jobs. However, one MSDF officer says the MSDF was not allowed to say anything. The MSDF, which accepted the mobilization, gave two strict orders to its diving team about its work. One was to avoid getting into trouble with local opponents or becoming a target for direct protests. The other order was that an MSDF vessel out at sea must not be seen with the naked eye. On May 18, the Bungo, a 5,700-ton MSDF minesweeper tender, was out in the sea near Okinawa with rubber dinghies and other materials. The Bungo anchored at a point about 10 kilometers off the shore. That is because an offshore ship beyond 5 miles (about 9 kilometers) cannot be seen with the naked eye. After sunset, the Bungo neared an offshore survey point, where MSDF frogmen began work from a dinghy. They installed monitoring equipment there and worked at a depth of about 10 meters. Their work ended before dawn. The Bungo went away from Okinawa at once. It left the point only 22 hours after arriving there, so quick to beat it. However, opponent and local backlashes, though anticipated, were severe. Okinawa Gov. Hirokazu Nakaima blamed the government, saying: "They are roughshod in their manners. They even mobilized an SDF vessel. It reminds us of something like training bayonets (on local residents)." Nearly a month later, local residents are still critical of the MSDF's mobilization, with one calling it "going too far" and another decrying the government's use of the SDF to suppress local movements. Such voices are spreading not only among people crying out against bases and the Japan-US Security Treaty but also among local residents in general. Okinawa has seen 35 years go by since its reversion to Japan. At first, local eyes were cold regarding the SDF, overlapping its image with the now-defunct wartime military. Local governments in Okinawa refused to register Okinawa-based SDF members as their residents, and their children could not even go to school. They were also shut out from coming-of-age ceremonies and festivities. What mitigated such local antipathies was the SDF's work behind the scenes. The SDF has so far made more than 5,000 flights to airlift urgent patients from outlying islands and moved out more than 10,000 times for dud disposal. They worked ever so hard, but for what? One SDF officer says: "Okinawa experienced that tragic war. In addition, Okinawa was placed under occupation for more than a quarter of a century. That's why we have taken time to build a relationship of mutual trust. That is because the region is critical for Japan's national security." The SDF's efforts bore bruit, and an increasing number of people in Okinawa showed their understanding for the SDF. All the more for this reason, the government's judgment poured cold water on the SDF's efforts over the years. The government explains that it mobilization of the MSDF was for "interdepartmental cooperation under the National Government Organization Law." Defense Minister Kyuma says, "If the survey is disturbed, we can't attain the goal (Futenma reversion)." Even so, we cannot think at all that it was inevitable to mobilize the SDF. After looking into the current state of sea areas, the government TOKYO 00002664 006 OF 010 SUBJECT: DAILY SUMMARY OF JAPANESE PRESS 06//07 plans to conduct an environmental impact survey. The Japan Coast Guard also moved out for the survey this time. However, the government or the Defense Ministry should strongly ask the JCG and the National Police Agency for thoroughgoing security. The SDF's easygoing mobilization must not take place again. (4) Agricultural and health ministries report to LDP that their inspections of US beef shippers found no problems NIKKEI (Page 2) (Full) Eve., June 13, 2007 The Ministry of Agriculture, Forestry and Fisheries and the Ministry of Health and Labor today reported to the Liberal Democratic Party (LDP) the results of their inspections of beef shipping facilities in the United States. They reportedly confirmed the existence of a system to protect import conditions, such as the removal of specified risk materials. With the acceptance of the inspection results, the work carried out by importers to confirm every box of beef shipped will end. Next, after going to the process of briefing consumers and the like, Japan and the US will begin consultations on reviewing the import condition of beef being from cattle 20 months old or younger. The inspections of US beef shipping facilities took place from the end of last year to this May. This time, the report was on the results of the inspections done in May. The US is asking Japan to scrap the age requirement since the OIE has approved countries to ship beef regardless of the age. (5) Achievements and limits of ABE diplomacy: No progress on North Korea issues but high profile on environment NIKKEI (NIHON KEIZAI) (Full) June 9, 2007 Hiroshi Minegishi, Heiligendamm In his debut in a Group of Eight (G-8) summit, Prime Minister SHINZO Abe aimed to grab the lead in discussions on the issues of the environment and North Korea. He achieved one goal with an agreement sealed by the G-8 leaders on measures to combat global warming, but he failed to fully demonstrate his leadership in dealing with North Korean issues, to which his administration has given top priority. The prime minister said in a press conference held after the summit meeting: "Discussion was conducted on measures to deal with climate change, based on my proposal. I feel satisfied because I was able to greatly contribute to the achievements of the summit." The prime minister visited Europe in January. In April, he visited the US, meeting with President Bush, and he hosted a visit from Chinese Premier Wen Jiabao. According to an official at the Prime Minister's Official Residence (Kantei),"The administration, with such a diplomatic timetable in mind, devised an environmental policy strategy." These diplomatic events served to solicit an accord in the summit. Shelving the points of contention with the European Union (EU), Japan and the EU came to an agreement on the major goal of "reducing global emissions of greenhouse gases at least by half by 2050." Japan further held direct negotiations with the US, which is TOKYO 00002664 007 OF 010 SUBJECT: DAILY SUMMARY OF JAPANESE PRESS 06//07 negative about introducing numerical targets. By laying out a certain roadmap for a post-Kyoto framework, Japan succeeded in underlining its political presence. On North Korea issues, the prime minister stressed, "(The G-8 countries) should send a joint clear-cut message to North Korea." In a press conference, ABE also emphasized, "Japan is determined to resolve the abduction issue in cooperation with the international community." Despite such enthusiasm of Japan, though, the same expression regarding the abduction issue as that in the previous one was used in the chairman's statement this year. The previous St. Petersburg Summit took place just after North Korea had fired a ballistic missile, but this year, participants were less interested in North Korea issues, paying greater attention to the situations in the Middle East and Kosovo. The summit left behind the task of how to boost the effectiveness of an international coalition against North Korea. In his first summit, ABE established a relationship of trust with French President Nicolas Sarkozy and other world leaders. He also confirmed "the continuation of dialogue" with Russian President Putin, whose term of office is to expire soon. Japan will host the summit next year. Given this, the ABE administration needs to have a voice strong enough to take the lead in discussion on economic and political issues, such as energy and regional disputes, in addition to environmental issues. (6) Agriculture Minister Akagi received donations from JA and other subsidized corporations possibly in violation of Political Funds Control Law AKAHATA (Page 15) (Abridged slightly) June 13, 2007 It became clear yesterday that Agriculture, Forestry and Fisheries Minister Norihiko Akagi had received donations from corporations that received subsidies from the Ministry of Agriculture, Forestry and Fisheries (MAFF). Based on her own findings, Japanese Communist Party lawmaker Tomoko Kami in yesterday's Upper House Agriculture, Forestry and Fisheries Committee session grilled Akagi over those donations that are likely to be violations of the Political Funds Control Law (PFCL). Clause 3 of Article 22 of the Political Funds Control Law prohibits any company or corporation that receives government subsidies from making a donation for one year from the date it received a notice on state subsidies. Under the law, lawmakers are also banned from soliciting or requesting donations of companies or corporations that are designated to receive state subsidies. According to Kami, the Akagi-headed Liberal Democratic Party Ibaraki Prefecture 1st Constituency Branch received a total of 300,000 yen from the Japan Dairy Council and the Japan Agricultural Cooperative Associations (JA Zen-noh),both of which had received MAFF subsidies. In addition, Akagi's fund management organization Tokuyu-kai received 940,000 yen from the Japan Wood Industry Political Federation, which is headed by the chairman of the Japan Federation of Wood Industry Associations, which had received subsidies from the Forestry Agency. TOKYO 00002664 008 OF 010 SUBJECT: DAILY SUMMARY OF JAPANESE PRESS 06//07 Asked by Kami about the PFCL provision, Akagi said, "I am not aware of specifics." Hearing this, Kami snapped at Akagi: "It is a problem that the Agriculture Ministry does not know that JA Zen-noh and other corporations received subsidies from MAFF. Chances are that those donations are violations of the Political Funds Control Law. Accepting donations from subsidized corporations and organizations is nothing but an act of recycling tax money. You must return those donations immediately." Akagi replied: "I have ordered (my secretaries) to treat all political funds appropriately. I would like to process (those donations) appropriately after examining them." Kami pointed out that Akagi had returned 260,000 yen to the Special Forest Area Discussion Council, a political organization composed of firms associated with a bid-rigging scandal involving the Japan Green Resources Agency, and 400,000 yen to the Forestry Civil Engineering Discussion Council, a political arm of the forest and civil engineering industries. Pointing out that Akagi received from 2003 to 2006 a total of 560,000 yen in donations from the National Forestry Political Federation, a political organization closely associated with the National Federation of Forest Owners Cooperative Associations, Kami urged the agriculture minister to return all donations from forestry-related political organizations. In response, Akagi simply said: "Donations reflect the generosity of many people. I would like to process the donations in a way not to betray their goodwill." (7) Child porn: US calls on Japan to revise law for punishment on imagery possession MAINICHI (Top play) (Full) June 10, 2007 With the rate of Internet access rapidly spreading around the world, child pornography is circulating across national borders, creating an even more serious victimization. Concerning child porn, the US government has asked the Japanese government and the ruling Liberal Democratic Party to revise the Law for Punishing Acts Related to Child Prostitution and Child Pornography so that imagery possession alone would be a punishable offense, sources have revealed. Japanese law does not prohibit possessing kiddie porn imagery for one's personal collection, one of the primary reasons for the diffusion of such on the Internet. This is the first time for the US government to call on Japan to toughen its punitive regulations pertaining to child pornography. In Japan, those who possess child porn imagery for the purpose of selling or providing such to others are punishable under the Law for Punishing Acts Related to Child Prostitution and Child Pornography. However, those who simply possess such imagery for their personal collection are not charged with a crime. Among the Group of Eight (G-8) summitry members, only Japan and Russia legalize simple possession. A senior official of the US government has met with Japanese officials, including senior Foreign Ministry officials, and with influential Liberal Democratic Party (LDP) lawmakers between April and May, according to informed sources. In their meetings, the US TOKYO 00002664 009 OF 010 SUBJECT: DAILY SUMMARY OF JAPANESE PRESS 06//07 official referred to the fact that several hundred Japanese names were on record as having purchased images of child pornography in past cases uncovered by US investigative authorities. The official also explained that Japan does not ban simple possession under its current law and that this has led to the production of child pornography images in the United States. In the meantime, after this summer's election for the House of Councillors, the Diet is expected to deliberate on the advisability o amending the law. The US official worked on his Japanese counterparts to prohibit simple possession like the United States. In addition, the senior US official also urged the government and the LDP to require Internet providers to report their discovery of child porn images to authorities, as in the United States. In the United States, the problem is growing serious as seen from the fact that even little children aged three or younger have been victimized by child-porn producers. The US Congress is also going to beef up countermeasures to crack down on child pornography as serious child abuse. "The Japanese law, which makes the selling of child porn illegal but allows the buying of such material, is full of contradictions," the US official told the Mainichi Shimbun in an interview. "Such a loophole in the Japanese law helps the child porn market stay alive," the official added. In Diet debate, there were calls for prohibiting simple possession. However, there are also concerns about abuses by investigative authorities. The Diet therefore tabled discussion. (8) Spreading child pornography: Japanese law stands in way of investigations MAINICHI (Page 2) (Slightly abridged) June 13, 2007 "Look at these two photos. The girl in the photos is the same child. The red pacifier in her mouth is also the same, isn't it?" The headquarters of NCMEC, a nongovernmental organization (NGO) tasked with eliminating child molestation, is located near Washington DC. Its senior member Michel Collins made the above remark. Last November, NCMEC received from Yahoo, a leading portal site, a report noting: "A large number of pictures showing a baby being sexually assaulted by a man have been posted on the Internet." Yahoo also informed the NGO of the screen name and IP address of the person who allegedly posted the child pornography. Based on the report from NCMEC, analysts conducted searches using online search and data retrieval functions. As a result, it was found that the same person had established a website titled, "Little granddaughters," and posted a different photo showing a middle-aged man who looked gentle holding a baby in his arm. This baby was the very same as the one in the two photos. The NGO relayed the information from Yahoo to the US Federal Bureau of Investigation (FBI),customhouses, and the state authorities concerned. As a result of their investigation, the individual was identified as a 46-year-old man living in Kentucky. He was arrested, and the case is now being tried. The victim was an 18-month-old TOKYO 00002664 010 OF 010 SUBJECT: DAILY SUMMARY OF JAPANESE PRESS 06//07 granddaughter of his new wife. Collins said: "According to findings from investigations conducted so far, many of the owners of child pornography committed indecent acts with children." The United States is a country where a huge amount of child pornography is produced and consumed. The NCMEC headquarters receives thousands of reports about online child pornography from providers and Internet users every week. This NGO has received 430,000 reports since 1998. Of them, only 1,100 victims have been so far identified. It is not easy to identify such victims through the Internet. An undercover agent, who had received training from teenagers about what phrases to use, typed on the computer: "Hi! I'm Becky. I'm 13 years old. Since I feel lonely, I am visiting the chat room to look for friends." In an instant, the agent received answers from many men. If they send some of the child pornography they have collected, they will be arrested for an illegal activity. An undercover operation is an effective means to track down owners of child pornography. There is a case in which police authorities lure pedophiles by establishing a false meet-a-child date site. The FBI Headquarters' Crime Division head said: "An undercover operation has the effect of preventing potential perpetrators from committing a crime, making them fear that they might be arrested in the future." But he added: "Offenders are skillfully making use of the Internet as a result of the technology advancing." There was even this case: One individual contacted a child in a chat room and sent a special program to the child's personal computer; Through the program, the sender was able to take photos of the child changing clothes; The man threatened the child that the photos would be posted on the Internet and gradually escalated his demands. Yahoo and Microsoft formed an IT coalition in 2006 and launched a project to develop technology to track down owners of child pornography. But no results have been produced yet. What measures are effective to protect children? A US government source said: "Although Internet technology has improved, it is difficult to hide possessed images." In many industrialized countries, including the US, punishment is inflicted on possessors of child pornography, but this does not hold true for Japan. The government source commented: "Among exposed crimes, there are cases in which Japanese purchased child pornography online using their credit cards. We have a record of hundreds of such cases." The presence of an industrialized country in which it is legally allowed to possess child pornography will hamper international efforts to combat child pornography. The US official visited Japanese lawmakers and business leaders this spring to call on Japan to revise its legal system, saying: "Japan's legal system is a major loophole. We want Japan to keep in step with us." SCHIEFFER