JAPANESE MORNING PRESS HIGHLIGHTS 10/24/08

UNCLAS SECTION 01 OF 09 TOKYO 002969 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: JAPANESE MORNING PRESS HIGHLIGHTS 10/24/08 Index: Defense and security affairs: 1) Chief Cabinet Secretary Kawamura cautious about Japan dispatching SDF to join ISAF in Afghanistan (Nikkei) 2) Defense Ministry announces that 20 ships from seven countries received fuel during Feb-Sept from MSDF in Indian Ocean (Tokyo Shimbun) 3) Democratic Party of Japan (DPJ) clashes with ruling camp in the Upper House on MSDF refueling bill, stopping deliberations three times (Asahi) 4) DPJ Secretary General Hatoyama, now playing hardball in the Upper House, warns ruling parties that bill for refueling mission in the Indian Ocean could slip (Mainichi) 5) "Secret agreement" in 1953 between U.S, Japan on not prosecuting off-duty crimes of servicemen found in declassified documents; Chief Cabinet Secretary Kawamura denies existence of secret agreement between U.S., Japan not to prosecute crimes committed by G.I.s off duty (Asahi) 6) Foreign Minister Nakasone slammed in Diet for poor responses to Upper House Foreign Affairs Committee (Mainichi) 7) Prime Minister Aso travels to Beijing for ASEM, hoping to shore up diplomatic credentials (Sankei) Political agenda: 8) Prime Minister Aso says that Diet dissolution is not that far off (Mainichi) 9) LDP is split in two over early or late Diet dissolution (Nikkei) 10) Financial crisis influencing Diet schedule, with growing mood now among lawmakers to avoid a Nov. 30 election (Asahi) 11) LDP creates project team to look into political donations from companies with pyramid schemes (Asahi) 12) Prime Minister Aso again defends his posh nightlife: Everybody goes to hotel bars (Asahi) 13) DPJ President Ozawa's health situation again comes up when he skips meeting with Indian Premier Singh (Asahi) Articles: 1) Chief Cabinet Secretary Kawamura expresses caution about dispatch of SDF to assist Afghanistan NIKKEI (Page 2) (Excerpts) Eve., October 23, 2008 Substantive debate began on the morning of Oct. 23 in the Upper �00A;House Foreign and Defense Affairs Committee on the bill extending Maritime Self-Defense Force (MSDF) refueling activities in the Indian Ocean. However, Chief Cabinet Secretary Tateo Kawamura expressed a cautious view about the Self-Defense Forces (SDF) joining the International Security Assistance Force (ISAF),which is deployed to the mainland of Afghanistan. He said: "Under the severe conditions there now, we need to be cautious in discussing this, for example, on ensuring he safety of personnel. At this point, we cannot say whether we can send anyone or not." Democratic Party of Japan (DPJ) lawmaker Naoshi Otsuka asked: "Do ISAF and similar activities come under the use of force?" Foreign TOKYO 00002969 002 OF 009 Minister Hirofumi Nakasone replied that under international law, there was no use of force, but he expressed his perception that there needed to cautious consideration given apart from constitutional interpretation. Otsuka was not convinced by this explanation, and the deliberations were halted from time to time. Chairman Shunmi Kitazawa, when time allotted for DPJ questioning had ended, cut off the remaining questions. 2) Defense Ministry reveals MSDF-refueled ships TOKYO SHIMBUN (Page 2) (Full) October 24, 2008 The Defense Ministry yesterday announced the names of 20 vessels from seven countries that received fuel from the Maritime Self-Defense Force in the Indian Ocean between February and September this year under the new Antiterrorism Special Measures Law. Among the 20 MSDF-refueled vessels, there are the three U.S. destroyers Carney, Shoup, and Gridley. From Britain, there are the destroyers Edinburgh and Manchester and the frigate Lancaster. In addition, there are six ships from France, three each from Canada and Pakistan, and one each from Germany and New Zealand. 3) DPJ stand off in upper chamber over refueling bill ASAHI (Page 4) (Abridged) October 24, 2008 The House of Councillors Committee on Foreign Affairs and Defense entered into substantial deliberations yesterday on a bill amending the Refueling Assistance Special Measures Law to extend the Maritime Self-Defense Force's refueling activities in the Indian Ocean for another year. However, the leading opposition Democratic Party of Japan (Minshuto) repeatedly interrupted the committee's deliberations, claiming that Foreign Minister Nakasone's reply was inadequate. The DPJ is now becoming irritated since there is still no knowing when the House of Representatives will be dissolved for a general election, and the ruling and opposition parties will likely square off in the House of Councillors. Asked about U.S. military operations and multinational forces' antiterror mop-up operations in Afghanistan, Nakasone stated that these operations are policing activities and do not fall under the use of armed force under international law. Concerning this reply, the DPJ's Tadashi Inuzuka pursued: "If it's not the use of armed force, it's possible to send the Self-Defense Forces there, isn't it?" Nakasone replied, "We need considerably prudent studies, including its relevance to constitutional interpretation." Inuzuka, however, was not satisfied with this reply. The committee's deliberations stopped time and time again. In the committee's deliberations yesterday, the DPJ's Shinkun Haku asked when the U.S. government notified the Japanese government of delisting North Korea as a state sponsor of terrorism. Nakasone reiterated, "I'd like to abstain from commenting partly because we have something to do with the U.S. government." Consequently, the committee discontinued its deliberations from time to time. 4) DPJ's Hatoyama warns that enactment of refueling extension bill might be delayed TOKYO 00002969 003 OF 009 MAINICHI (Page 5) (Full) October 24, 2008 Democratic Party of Japan Secretary General Yukio Hatoyama in a press conference on Oct. 23 touched on a bill amending the New Antiterrorism Special Measures Law to extend the refueling mission in the Indian Ocean. Referring to the government's and ruling coalition's aim to enact the legislation on Oct. 30, Hatoyama said: "It could slip (to Oct. 31 or later) depending on how the deliberations turn out." Appearing on TV on the night of Oct. 23, he also emphatically said: "If this caretaker government cannot carry out an election, we have to change our response." The Upper House Foreign Affairs and Defense Committee has carried its conclusion over to the next week, as it failed on Oct. 23 to decide on an Oct. 28 vote, the prerequisite for the law's enactment on Oct. 30. In view of such a situation, Hatoyama's comments were intended to apply pressure to those in the ruling coalition calling for the postponement of the election. 5) Japan made secret deal to waive jurisdiction over GI off-duty crimes ASAHI (Page 34) (Abridged) October 24, 2008 Although Japan and the United States have concurred on Japan's jurisdiction over crimes committed by U.S. military personnel and others stationed in Japan, there exists a document implying that the two countries actually had concluded a secret pact under which Japan waives its jurisdiction over crimes with the exception of major incidents, Shoji Niihara, a researcher of international affairs, announced yesterday. The government has denied that there has been such a deal. According to Niihara, the document was found at the U.S. National Archives. On Oct. 28, 1953, when the Japanese and U.S. governments negotiated to revise an administrative agreement preceding the Japan-U.S. Status of Forces Agreement (SOFA),which stipulates the status of U.S. forces stationed in Japan, the document was left in the form of keeping private records from the proceedings of an intergovernmental joint committee meeting, Niihara said. The records of discussions from the joint committee meeting are written in English, quoting a Japanese government representative as stating that Japan will not exercise its jurisdiction over incidents other than those considered "extremely important." According to the Foreign Ministry and other sources, the former administrative agreement, which was concluded in 1952, allowed U.S. jurisdiction over all crimes committed by U.S. soldiers stationed in Japan. In 1953, however, Japan and the United States negotiated to revise the administrative agreement and concurred on transferring jurisdiction to Japan over off-duty crimes. In addition, Niihara has also obtained documentation of records filed by the American Embassy in Japan under the date of Aug. 25, ¶1953. The records, according to Niihara, specify that the United States proposed leaving the bilateral concurrence on Japan's waiver of jurisdiction in such forms as exchanging notes but Japan sought to take the form of secret records. A U.S. Army report, entitled TOKYO 00002969 004 OF 009 "Statistics on the Exercise of Criminal Jurisdiction on U.S. Military Personnel," describes that Japan waived its jurisdiction over an annual total of 2,300-4,600 cases or 89 PERCENT to 97 PERCENT among crimes committed by U.S. military personnel between 1954 and 1963. No secret deal: Kawamura Concerning the revelation of a document that shows the existence of a secret deal between the Japanese and U.S. governments, Chief Cabinet Secretary Kawamura told the press yesterday: "There's no difference between judgments over whether or not to indict (suspects) among incidents caused by Japanese nationals and those caused by U.S. military personnel. The rate of indictments last year also shows that the rate for U.S. military personnel is higher. There's no secret deal-this is evident from the outcome, I think." Meanwhile, the Foreign Ministry commented: "It's not true that Japan made a secret agreement with the United States to waive jurisdiction in certain cases." 6) Foreign Minister Nakasone's clumsy answer embroils Upper House Foreign and Defense Committee session MAINICHI (Page 5) (Abridged slightly) October 24, 2008 The Upper House Foreign Affairs and Defense Committee began yesterday deliberating on a bill amending the New Antiterrorism Special Measures Law. The session was disrupted by a reply on the government's constitutional interpretation by Foreign Minister Hirofumi Nakasone, who is an education policy expert and is unfamiliar with security affairs. It all started with a question about operations in Afghanistan by the U.S. military and other forces. The deliberations stalled when the foreign minister explicitly said: "They do not constitute the use of force." The operations now underway by the U.S.-led coalition forces at the request of the Afghan government do not constitute the use of force under international law. But there are many restrictions on the use of force under the Constriction. For this reason, the government has avoided a definitive answer, with the Foreign Ministry indicating that the matter required careful consideration. In response to the answer that omitted this distinction, Tadashi Inuzuka of the Democratic Party of Japan asked: "If the operation does not constitute the use of force (under the Constitution),is Japan allowed to send the SDF to Afghanistan?" In a panic, the government offered another explanation, with Chief Cabinet Secretary Takeo Kawamura saying, "It can constitute the use of force under the Constitution." 7) Aso in Beijing to attend ASEM, with aim of redressing diplomatic setbacks SANKEI (Page 5) (Excerpts) October 24, 2008 (Imahori, Beijing) Prime Minister Taro Aso left Haneda Airport by government plane and arrived in Beijing last night for an Asia-Europe Meeting (ASEM) TOKYO 00002969 005 OF 009 summit. Over the past month since he assumed office on Sept. 24, the prime minister has suffered major setbacks on the diplomatic front, including Washington's delisting of North Korea as a state sponsor of terrorism and Japan's inability to host an emergency summit on the global financial crisis despite it being the current chair of the Group of Eight (G-8) summit. Will Aso be able to place "Aso diplomacy" on the right track in Beijing, which he did not visit even when he was serving as foreign minister? The visit to Beijing is the first overseas trip since Prime Minister Aso visited New York to attend the UN General Assembly on Sept. 25-27, just after he came into office. While in Beijing, he will meet South Korean President Lee Myung-bak, Chinese Premier Wen Jiabao, and Chinese President Hu Jintao on Oct. 24. He will endeavor to build relations of confidence with the leaders of China and South Korea on a priority basis. They are expected to exchange views on the North Korean nuclear issue. Aso also intends to take up the issue of North Korea's past abductions of Japanese nationals. On the 24th, Aso will attend a reception in commemoration of the 30th anniversary of the conclusion of the Treaty of Peace and Friendship between Japan and China. After the reception, Aso will attend the ASEM summit through the 25th, at which he will explain Japan's measures to contain the global financial crisis. In addition, he intends to underscore Japan's position on the Korean Peninsula. He is also scheduled to meet German Chancellor Angela Merkel and French President Nicolas Sarkozy prior to the summit. 8) Aso: "Dissolution is not in distant future" MAINICHI (Page 5) (Full) October 24, 2008 Prime Minister Taro Aso held a meeting at his official residence yesterday with LDP Tax System Research Commission Chairman Yuji Tsushima. Tsushima later quoted Aso as saying about a Lower House dissolution for a snap general election: "The time will come for us to receive the people's verdict. That is not in the distant future." After the meeting, Tsushima also said to reporters: "I was able to feel that (the prime minister) has considerable resolve." 9) LDP divided over timing for Lower House dissolution NIKKEI (Page 2) (Full) October 24, 2008 Members of the Liberal Democratic Party (LDP) are now divided over when the House of Representatives will be dissolved for a snap election. Close aides to Prime Minister Aso are calling on Aso to delay the election to early next year or after, while the leadership is insisting on an early dissolution, echoing the New Komeito. Meanwhile, junior party members, who have already started preparations for the election, are voicing complaints, irritating at being unable to read the prime minister's real intention. LDP Secretary General Hiroyuki Hosoda said in a meeting of his support group yesterday: "I promise to do my best in the run-up to the election." Former Secretary General Hidenao Nakagawa, president of the largest Machimura faction, said in its meeting: "(The prime minister) should not show that he is clinging to political power," TOKYO 00002969 006 OF 009 urging Aso to quickly dissolve the Diet. Hosoda, who is the chief advocate of an early dissolution, said that the prime minister intends to come up with new policies after the party wins a victory in the election. The leadership takes the view that even if the election is delayed into next year, the administration might be driven into a corner because there are no prospects for implementing such pending matters as swift enactment of next fiscal year's budget. But the atmosphere has changed since three senior officials who enjoy the prime minister's confidence advised him on the night of Oct. 16 that he should delay the timing of the election and suggested that he should demonstrate his own policy imprint. The three who so advised him were Finance Minister and State Minister in Charge of Financial services Shoichi Nakagawa, Election Strategy Council Vice Chairman Yoshihide Suga, and State Minister in Charge of Administrative Reform Akira Amari. A poll conducted by the LDP in late September showed that the ruling coalition could lose its majority. But the result of the latest survey in mid-October was even worse than the previous one. Additionally, the stock market has been wildly fluctuating. Given this, an increasing number of LDP members have begun to favor the idea of postponing the election. In an attempt to turn around the situation, one LDP executive flat out said: "It would be better to dissolve the Diet after the bill to continue the Maritime Self-Defense Force's refueling mission in the Indian Ocean is enacted. The Lower House should be dissolved in October." Another senior member appealed directly to Aso: "Unless you decide to dissolve the Diet now, we will face trouble in the next ordinary Diet session." With the date of Lower House dissolution still undecided, some members have begun to voice complaints, one grumbling: "My monthly preparation cost for the election is several million yen. I am fed up with the current situation." In a press conference yesterday, New Komeito Secretary General Kazuo Kitagawa stressed that the prime minister should decide to dissolve the Lower House regardless of the economic situation, saying: "We should expect the current situation to last not just briefly but for a long time." 10) Financial crisis casting pall over Lower House dissolution: Call for avoiding November 30 vote deep-rooted ASAHI (Page 2) (Full) October 24, 2008 Prime Minister Aso is considering officially announcing a Lower House election on November 18 and holding a vote on November 30. The ruling camp is characterizing a new economic stimulus package as the showcase of its Lower House election campaign pledges. The package is expected to be finalized on October 30. A bill amending the new Antiterrorism Law to extend the Maritime Self-Defense Force's refueling mission is also expected to be passed into law the same day. However, there is a growing view that the prime minister should not dissolve the Lower House when the financial crisis is deepening. Aso on the 23rd gave an order to look into adopting additional economic pump-priming measures. Many ruling party members took that to mean that the prime minister probably thought that it would be impossible to go into the election with insufficient specifics. TOKYO 00002969 007 OF 009 However, the prime minister's real intent concerning a Lower House dissolution is not clear. Asked about the timing of dissolving the Lower House by LDP Tax System Research Commission Chairman Yuji Tsushima, he replied, "When the time to seek the people's judgment comes, I will do so. It will come before too long." He also indicated a cautious stance to participants at an Imperial garden party held at the Akasaka Imperial Gardens, "Is it all right to dissolve the Diet when stock prices are fluctuating?" It would be difficult to hold a Lower House election on November 30, unless it is dissolved in early November. If it is to be held on a later date, there would be a strong possibility of the compilation of the fiscal 2009 budget being put off until next year. Provided that the Lower House election is put off, the DPJ, which is seeking an early dissolution, would change its current cooperative stance toward the steering of the Diet. Should that occur, the management of the administration would become stormy. For this reason, LDP Secretary General Hosoda and former chairman of the LDP caucus in the Upper House Mikio Aoki are insisting on an early November dissolution. The prime minister revealed his concern to his aides, "There is fear that if Japan goes to the polls, it could be left behind in the international community, which is busy dealing with the financial crisis." For this reason, many take the view that the prime minister is determined to put off the dissolution of the Lower House until after the year-end compilation of the fiscal 2009 budget." The DPJ is increasingly becoming impatient about the unclear Lower House dissolution schedule. Deputy President Kan in a street-corner campaign speech in Yamaguchi City on the 23rd provoked the prime minister, saying, "If the prime minister cannot dissolve the Lower House this year, I would tell him to change his name to Wimpy Taro." 11) LDP launches project team to investigate donations by multilevel marketing companies ASAHI (Page 4) (Full) October 24, 2008 The LDP on October 23 set up a project team to pursue the multilevel marketing business (chairman: Katsuei Hirasawa, deputy chairman of the Diet Affairs Committee; deputy chairman: Masashi Waki, deputy chairman of the Upper House Diet Affairs Committee). The aim is to investigate DPJ lawmakers regarding political donations and speech fees. The panel will hold its first meeting on the 24th. The LDP is looking into conducting witness interviews with DPJ lawmakers during Diet deliberations, based on investigation results. Yoshitaka Murata, first deputy chairman of the Diet Affairs Committee, told a news conference on the 23rd, "There is a possibility of money of victims of such a business method having fallen into the hands of the DPJ as political funds." Concerning the issue of State Minister for Consumer Affairs having her fund-raising political party tickets worth 160,000 yen purchased by Amway Japan, Murata said, "That is another issue." 12) Prime minister again rebuts criticism of late night carousing TOKYO 00002969 008 OF 009 ASAHI (Page 4) (Full) October 24, 2008 Commenting on his frequenting of hotel bars and posh restaurants in the evening, Prime Minister Aso on October 23 again stressed his view that that is not a problem, saying, "The image that hotel bars are expensive is not correct, because anybody can go there." He made this comment in response to a question asked by a reporter at the Kantei. The prime minister on the 22nd told reporters, "Hotel bars are safe and inexpensive. I have no intention of stopping going there." In the meantime, Deputy Chief Cabinet Secretary Jun Matsumoto, the prime minister's aide who is said to be most frequently with him on such occasions, defended the prime minister in a news conference on the 23rd, saying, "Basically, such a habit is the prime minister's lifestyle." Asked whether other persons were present on such occasions, which reportedly took place between the prime minister and himself alone, Matsumoto replied, "I have no recollection on that." One of the persons Asahi Shimbun interviewed admitted that he was meeting with the prime minister on the evening of the 10th, the day when the prime minister was allegedly with Matsumoto alone. 13) Condition of DPJ head Ozawa continues to be a problem, with rumor of ill health rekindling ASAHI (Page 4) (Full) October 24, 2008 The health condition of Democratic Party of Japan President Ichiro Ozawa, 66, continues to be a problem. Although he went out stumping on Oct. 22 for the first time since being released from hospital, he was absent from a meeting with Indian Prime Minister Manmohan Singh the next day, Oct. 23. Despite his efforts to recuperate from a cold since mid-September, he does not seem to be his normal self. DPJ executives were busy explaining Ozawa's health situation yesterday morning. Secretary General Yukio Hatoyama told Prime Minister Singh that Ozawa has had a hard schedule. Deputy President Naoto Kan explained to the press corps that it showed Ozawa's efforts to maintain his health. Upper House Caucus Chairman Azuma Koshiishi said in a press conference: "There is no need to worry. He will be on his (regional political tour) tomorrow, as planned." According to a party source, Ozawa attended a meeting in Tokyo after returning from Fukuoka on the night of Oct. 22. The source also said that on the morning of Oct. 23 Ozawa had conveyed to a party executive his intention to cancel his attendance at all party and political events, including a party executive meeting. Ozawa was hospitalized for treatment of a heart problem in June ¶1991. His health is drawing much attention because there has been a rumor since then that he is in poor health. Appearing on an Internet program on Oct. 19, Ozawa said: "I used to drink a lot, but since I had an illness and experienced a heart problem, I haven't drunk much." A lawmaker close to Prime Minister Taro Aso indicated that Ozawa's health has been a factor to determine when to dissolve the Lower House, saying, "The Kantei (Prime Minister's Official Residence) has TOKYO 00002969 009 OF 009 also received information on Mr. Ozawa's health condition." Asked by a reporter if Ozawa can serve as prime minister in a press conference yesterday, New Komeito Secretary General Kazuo Kitagawa said: "The position requires sound health and vigor." SCHIEFFER