Protect the Constitutions of Fiji and Japan from Revisionist Threats

Non-governmental organizations (NGOs) from Fiji and Japan express their shared concern about the revisionist threats to the constitutions of both of these countries. While each debate has its own characteristics, the challenge being faced is essentially the same in both communities: that the voice of fear and conservatism threatens to dominate over the voice of reason and progressivism.

Why protect the Japanese Constitution?
Article 9 of the Japanese Constitution – the renunciation of war as means of settling international disputes and the maintenance of armed forces for those purposes, is currently under grave threat. The current Liberal Democratic Party – Japan’s ruling party – is in support of its amendment. The Koizumi Administration has been speeding up the amendment process in order to allow Japan’s Self Defense Force to be recognized as a military force, with a view to dispatching military forces in overseas operations. Any loss or change to Article 9 could also be interpreted by other countries as Japan deciding to head down the path of remilitarization.

We believe that Article 9 of the Japanese Constitution is an important conflict prevention and peace-building mechanism in the Asia Pacific region. Article 9 expresses a beautiful and noble philosophy that is essential for the future of the world. We find it deeply impressive that Japan, after the horrors of World War Two, took the responsibility to adopt such a constitution, and to commit to a pacifist path.

We sincerely hope that Japan will not only keep Article 9, but also advocate to spread the philosophy of Article 9 to other countries throughout the world. Japan, as an international leader already committed to human security and international cooperation, could initiate a global campaign to reduce military spending, with the savings used instead to support human security and assist in fulfilling the United Nations’ Millennium Development Goals. In the current global situation, Japan and its Article 9 have a vital role to play in moving the world away from military spending and towards peace, justice and sustainable development for all.

Why protect the Fijian Constitution?
In 1997 an amended Constitution was passed in Fiji and became law. Section 38(2)(a) provides that a person must not be unfairly discriminated against, directly or indirectly, on various grounds, one of these being the ground of Sexual Orientation ie. being gay or lesbian.

This provision has caused more controversy than any other part of the Constitution and has been under threat of being removed first by Rabuka’s Government, then Chaudhry’s Government and now during the current Qarasa Government.

Pressure from the Methodist Church and other Charismatic churches have, since 2000, publicly condemned homosexuality, even to the extent of suggesting that gays, lesbians and barren woman should be stoned to death. In the last year this pressure to remove Sexual Orientation from the Fundamental rights clause in the Fiji Constitution has even led the Methodist Church President to advise the Prime Minister that he would use the Church to stop people voting for the SDL Party in the next elections. This move illustrates just how politically involved the Church has become in Fiji. The Church has even gone as far as to suggest that it is due to the homosexual community that Fiji is suffering poverty and environmental disasters such as flooding, instead of accepting the responsibility that the government and Church have failed in their role.

Constitutions should always reflect the will of the People, and not those with vested political interests. It is our strong hope that the people of Fiji and Japan will not choose to change their constitutions, but instead value them as international models that protect fundamental rights and promote peaceful means to settle disputes.

The aforementioned provisions in the Japanese and Fijian Constitutions which are now at stake represent the philosophy of respecting people’s basic rights to live in peace and dignity. These same core principles can also be found in international law, including the Universal Declaration of Human Rights and UN Security Council Resolution 1325, and serve to guide governments and civil society in their efforts to create just and peaceful communities.

During Peace Boat’s Global Voyage, we have been engaged in awareness raising activities such as a organizing a Gender Forum between Egypt and Morocco, and participating in NGO meetings in Greece and Italy. People we have met and worked with along the way – whether from Kenya or Korea, from Cuba or Chile, all members of the international community, are calling for the protection of basic human rights, gender justice and the right to live with freedom and dignity.

We have also come to witness real concern by people who care for issues that relate to people in other countries. Article 9 of the Japanese Constitution and Section 38 of the Fijian Constitution are two such issues of international concern. We, as members of global civil society from Northeast Asia and the Pacific express our solidarity, and advocate for the protection of the Constitutions of Japan and Fiji in light of the threats posed by right-wing, conservative political forces.

It is our deep hope that this basic philosophy of respecting people’s basic rights to live in peace and dignity, although now in crisis, will in the end prevail.