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Cablegate: Daily Summary of Japanese Press 08/22/08

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PP RUEHFK RUEHKSO RUEHNAG RUEHNH
DE RUEHKO #2316/01 2350740
ZNR UUUUU ZZH
P 220740Z AUG 08
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC PRIORITY 6760
INFO RUEKJCS/SECDEF WASHDC PRIORITY
RHEHAAA/THE WHITE HOUSE WASHINGTON DC PRIORITY
RUEAWJA/USDOJ WASHDC PRIORITY
RULSDMK/USDOT WASHDC PRIORITY
RUCPDOC/USDOC WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEKJCS/JOINT STAFF WASHDC//J5//
RHHMUNA/HQ USPACOM HONOLULU HI
RHHMHBA/COMPACFLT PEARL HARBOR HI
RHMFIUU/HQ PACAF HICKAM AFB HI//CC/PA//
RHMFIUU/USFJ //J5/JO21//
RUYNAAC/COMNAVFORJAPAN YOKOSUKA JA
RUAYJAA/CTF 72
RUEHNH/AMCONSUL NAHA 1869
RUEHFK/AMCONSUL FUKUOKA 9507
RUEHOK/AMCONSUL OSAKA KOBE 3247
RUEHNAG/AMCONSUL NAGOYA 7654
RUEHKSO/AMCONSUL SAPPORO 0087
RUEHBJ/AMEMBASSY BEIJING 5010
RUEHUL/AMEMBASSY SEOUL 1000
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

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