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RUCNDT/USMISSION USUN NEW YORK 1336

UNCLAS SECTION 01 OF 05 TOKYO 002316 
 
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 08/22/08 
 
INDEX: 
 
(1) Three opposition parties trying to shake Kantei, New Komeito, 
given rift over length of Diet session (Mainichi) 
 
(2) Protest in Ginowan calls for immediate close of Futenma Air 
Station (Ryukyu Shimpo) 
 
(3) National Diet Library closed public access to archives that 
effectively waived Japan's jurisdiction over crimes by U.S. service 
members; Documents declassified in U.S. (Tokyo Shimbun) 
 
(4) Editorial: Establishing criminal case on dangerous doings can 
best deter antiwhaling activists (Sankei) 
 
ARTICLES: 
 
(1) Three opposition parties trying to shake Kantei, New Komeito, 
given rift over length of Diet session 
 
MAINICHI (Page 5) (Full) 
August 21, 2008 
 
The major three opposition parties - the Democratic Party of Japan 
(DPJ), the Social Democratic Party (SDP), and the People's New Party 
- made it clear yesterday that if the ruling camp promises not to 
premise the Diet schedule on a revote in the House of 
Representatives, they will participate in deliberations on a bill to 
extend the Maritime Self-Defense Force's refueling mission in the 
Indian Ocean. The bill will certainly become a contentious issue in 
the upcoming extraordinary Diet session. The opposition parties 
remain opposed to the proposed extension of the refueling mission, 
so they are apparently aiming to rattle the Prime Minister's Office 
(Kantei) and the New Komeito, taking advantage of their rift over 
the length of the next Diet session. 
 
DPJ Diet Affairs Committee Chairman Kenji Yamaoka and his SDP 
counterpart Fumihiro Himori met in the Diet building yesterday. They 
agreed that the opposition parties should take joint steps in 
dealing with the bill amending the New Antiterrorism Special 
Measures Law. In their Diet Affairs Committee meeting on Aug. 6, the 
three parties agreed not to attend deliberations if the scheduled is 
premised on a revote. After the meeting, Himori told reporters: "We 
will join deliberations if a revote is not a foregone conclusion. We 
need to ascertain the New Komeito's motives." 
 
The Kantei and the New Komeito have been at odds over a revote in 
the Lower House. Prime Minister Yasuo Fukuda, who is eager to enact 
the bill into law out of consideration for the U.S., has proposed a 
Diet session long enough for a revote to be taken. But the New 
Komeito, which is in favor of an early Lower House election, has 
opposed the prime minister's proposal, fearing public strong 
reaction. A senior member of the Liberal Democratic Party's caucus 
in the House of Councillors grumbled: "Among the LDP leadership, 
including Secretary General Aso, there is no one who can persuade 
the New Komeito." 
 
The DPJ is also considering the possibility of summoning former 
Komeito President Junya Yano, who filed a complained against Soka 
Gakkai, the New Komeito's power base, as an unsworn witness to the 
next extraordinary Diet session. DPJ President Ichiro Ozawa said in 
a party executive meeting on Aug. 19: "In the extraordinary Diet 
 
TOKYO 00002316  002 OF 005 
 
 
session, there is a problem involving Mr. Yano," showing his 
readiness to take advantage of the lack of unity in the ruling 
camp. 
 
(2) Protest in Ginowan calls for immediate close of Futenma Air 
Station 
 
RYUKYU SHIMPO (Page 30) (Full) 
August 22, 2008 
 
Ginowan 
 
In protest of the fact that no progress has been made on the return 
of the U.S. Marine Corps' Futenma Air Station to Okinawa, even 
though four years have passed since a U.S. military helicopter 
crashed on the campus of Okinawa International University, a protest 
was held yesterday at the Samashita Park in Ginowan City. The rally 
was held by the Okinawa Peace Movement Center, the Chubu Okinawa 
Labor Union, and the group of plaintiffs protesting the sound of 
explosions from Futenma. The organizers called the rally "Aug. 21 
Protest Rally Four Years after U.S. Military Helicopter's Crash. 
Move Futenma! Don't Allow Relocation within Okinawa!" The organizers 
expressed anger at the fact that Futenma Air Station has been 
operating without eliminating its risks. They called for immediate 
return of Futenma's land to Okinawa and protested its relocation to 
Henoko. 
 
According to the organizers, the rally attracted 300 people. Peace 
Movement Center head Sakiyama stated at the rally: "Supporting 
Ginowan Mayor Yoichi Iha, we seek the prompt close of Futenma Air 
Station in order to protect the safety of Okinawa's people." 
 
Zenji Shimada, leader of the plaintiffs said: "Let's accomplish 
Futenma's return to Okinawa by continuing to raise an outcry." 
Ginowan Deputy Mayor Takeshi Asato stressed: "In order to move 
forward with the issue, let's keep working." Okinawa University 
Prof. Yasuo Kurima explained how outrageously the U.S. military 
behaved at the time the helicopter accident occurred. 
 
After the rally, the protesters marched to the U.S. Consulate 
General in Urasoe. 
 
(3) National Diet Library closed public access to archives that 
effectively waived Japan's jurisdiction over crimes by U.S. service 
members; Documents declassified in U.S. 
 
TOKYO SHIMBUN (Page 26) (Abridged slightly) 
August 22, 2008 
 
The National Diet Library (NDL) has closed public access to official 
documents that have been declassified by the U.S. government. 
Unconvinced with the step, journalist Takao Saito plans to file a 
lawsuit seeking to have the documents made publicly available 
again. 
 
The materials in question are documents created in March 1972 by the 
Justice Ministry Criminal Affairs Bureau. The documents include a 
1953 Justice Ministry directive that effectively waived Japan's 
jurisdiction over incidents committed by U.S. service members in 
Japan except in cases of serious crimes. 
 
The NDL purchased it from a secondhand bookstore in March 1990. 
 
TOKYO 00002316  003 OF 005 
 
 
Stored in the NDL's bibliographic database, the document was 
publicly accessible. Documentation showing the same facts has also 
been made public by the U.S. National Archives and Records 
Administration, and Japanese media reported in May this year that 
the governments of Japan and the United States made a secret deal in 
1953 on waiver of jurisdiction. 
 
This was followed by the Justice Ministry's request to the NDL to 
withdraw the materials from public access. The library complied with 
the ministry's request in June. 
 
Saito futilely requested access to the document on the afternoon of 
Aug. 21. The journalist held a press conference in Tokyo later in 
the day in which he indicated that in declining his request, the 
library cited its rule, saying, "There are rarely materials whose 
use must be restricted, such as documents infringing on human 
rights." 
 
Saito added: "There was no convincing explanation about why this 
rule is applied. Under this rule, the library can withhold the 
disclosure of any inconvenient documents. This is a serious 
situation infringing on the people's right to know. I want to join 
hands with people sharing the same awareness to create a huge 
movement." 
 
Saito's attorney, Kazuo Hizumi, said: "We cannot afford to lose this 
lawsuit. I will spend several months making thorough preparations 
for it." 
 
To begin with, as a state, it is a serious problem to waive 
jurisdiction over crimes committed by U.S. service members, as Saito 
put it. What can the Justice Ministry gain from ending public access 
to the document that has been made public in the United States? The 
document was accessible for over 18 years and was circulating in the 
secondhand book industry. Chances are high that copies of it are in 
still circulation. 
 
Although such a case has never come to light, it can easily be 
imagined from the NDL's response that it has kept similar documents 
from public view. 
 
"NDL workers are kind and helpful. I have often used it to do my 
job. I thought it was a decent establishment and I had high regard 
for it," Saito said depressedly. 
 
The NDL is part of the legislative branch (Diet). Contributing to 
lawmakers' data-collection and investigative efforts, the library 
has also earned a good reputation from both ruling and opposition 
party members. The latest incident might undermine the reputation of 
the NDL, which has prided itself on its ability to meet the people's 
right to know. 
 
It is utterly deplorable that the library gave in to an unreasonable 
demand from the executive branch (Justice Ministry), which must 
remain independent from the principle of separation of powers. 
 
Saito said angrily: "How could the National Diet Library withdraw 
something from public access just because it was told to do so by 
the Justice Ministry? It's like saying, 'We won't show them because 
we decided so,' without offering a just reason. It should realize 
that its significance is being tested." 
 
 
TOKYO 00002316  004 OF 005 
 
 
(4) Editorial: Establishing criminal case on dangerous doings can 
best deter antiwhaling activists 
 
SANKEI (Page 2) (Full) 
August 19, 2008 
 
Japan's investigative authorities have obtained arrest warrants for 
three men -- two Americans and a Briton -- from the Sea Shepherd 
Conservation Society for interference in Japan's research whaling in 
the Southern Ocean.  The three activists are charged with 
obstructing business by force. 
 
They threw a rope into the sea to catch a Japanese research whaling 
ship's propeller, and their vessel hit the whaling ship. Such acts 
are tantamount to terrorism and piracy and obviously violate an 
international convention. It is only natural for Japan to take a 
resolute action. 
 
It is true that there is a deep-seated discord ascribable to 
cultural differences over whales between whaling countries, 
including Japan, and antiwhaling countries, including the United 
States and Australia. However, it should be remembered that the 
primary purpose of Japan's research whaling is to collect data to 
study the number of cetacea and the like, and that Japan's research 
whaling is legitimate under the International Convention for the 
Regulation of Whaling. 
 
However, the Sea Shepherd, ignoring these facts and Japan's repeated 
warnings, has continued radical activities in the name of protest. 
 
Sea Shepherd activists threw flares and bottles containing liquids 
at Japanese whaling ship crewmembers, inflicting injuries to some of 
them. Their activities were extremely malicious. 
 
Chief Cabinet Secretary Nobutaka Machimura underscored: "Physical 
interference causing injuries or threatening someone's life is 
unforgivable, no matter what they say." This can be called a sound 
argument. 
 
The international community, including antiwhaling countries, has 
given a hard look at radical activities by Sea Shepherd members. In 
March this year, the International Whaling Commission (IWC) adopted 
a statement condemning the group. 
 
Japan asked relevant countries for investigative assistance to 
identify the three, and their cooperation was indispensable. 
Although the United States and Britain are both in an antiwhaling 
position, they probably judged that a sharp distinction should be 
made between the pros and cons of whaling and whether violent 
obstruction is right or wrong. 
 
The Japanese investigative authorities intend to put the three 
activists on an international wanted list through the International 
Criminal Police Organization (ICPO). However, there is a question 
about the effectiveness of establishing a criminal case against 
them, including the actual arrest of them. 
 
Of course, the government should continue making its utmost efforts 
to build understanding for whaling. At the same time, the government 
should ask the countries concerned, regardless of whether Japan has 
concluded an extradition treaty with them, to arrest and hand them 
over to Japan. 
 
TOKYO 00002316  005 OF 005 
 
 
 
That can best deter dangerous doings. 
 
ZUMWALT