Tuesday, June 17, 2008

THE JAPAN DIET BILL REINTRODUCTION ON JUNE 10



Promotion of Resolution for Issues concerning Victims of Wartime Sexual Coercion Act (Bill)

(Objectives)
Article 1:

In view of the fact that prior to and during World War II, with the involvement of the Impreial Japanese Army and Navy, organized and prolonged coercion of sexual acts were carried out against women and, because of such coercion, the dignity and honor of the women were severely violated and considering that it is the imperative task for the nation of Japan , under its responsibility to take quick steps to restore the honor of the women, the objectives of this Act lie in providing the necessary fundamental grounds for the resolution of the issues concerning the victims of wartime sexual coercion and, by doing so, in improving the trustworthy relationship between the peoples of the concerned nations and our people and in making it possible for our country to occupy an honored place in international society.

(Definitions)
Article 2:

In this act "wartime sexual coercion" means the act of organized and prolonged sexual coercion of women, who were recruited against their will with direct or indirect involvement of the imperial army and navy before and during the past World War, as well as the series of military actions including incidents prior to it.

In this act, "victims of wartime sexual coercion" are the women who have suffered from sexual coercion during the wartime and are not those who had a permanent domicile registered under Koseki-ho (Act no. 26 of the 3rd year of Taisho),

(Measures to Restore Honor)
Article 3:

The government must singularly express an apology for the violation of the honor and dignity of the victims of wartime sexual coercion and implement necessary measures to restore their honor as soon as possible.

The measures in the preceding paragraph shall include monetary payment to the victims of wartime sexual coercion.

(Fundamental Policies)
Article 4:

The government must estavlish fundamental policies on measures for the resolution of the issues concerning the victims of wartime sexual coercion ("the fundamental policies" hereafter).

The fundamental policies shall prescribe the following terms:

(1) The terms concerning the contents of the measures and the methods of their implementation as stated in the previous Article.

(2) The terms concerning the matters such as negotiations with the concerned states that would be necessary to implement the measures as stated in the previous Article.

(3) The terms concerning the investigation of yet to be uncovered circumstances of wartime sexual coercion and the damages caused by them.

(4) Other than the terms stated in these three paragraphs, the terms that are necessary for the acceleration of a resolution with regard to the victims of wartime sexual coercion.

(Care for Relationship with the Governments of the Concerned States)
Article 5:

In implementation of the measures as stated in Article 3, bearing in mind the relationship with the international treaties and other international agreements that our country has concluded, the government shall exercise special care for its process, in discussing the matters with the governments and other authorities of the concerned states , and securing their understanding and cooperation.

(Care for Human Rights of Victims of Wartime Sexual Coercion)
Article 6:

In implementation of the measures as stated in Article 3, the government, bearing in mind the intention of the victims of wartime sexual coercion, shall fully exercise care for their human rights.

In carrying out the investigation as stated in Article 4, Paragraph 2, (3), the government shall exercise care not to violate the honor of the victims of wartime sexual coercion and of other concerned individuals.

(People's Recognition and Understanding)
Article 7:

In implemetation of the measures as stated in Article 3, the government shall try to secure recognition of and understanding for the measures among the general public.

(Measures including Budget)
Article 8:

The government shall secure the budgetary, legal or other measures that are necessary for the promotion of a resolution of the issues concerning the victims of wartime sexual coercion.

(Report to the Diet)
Article 9:

Every year, the government shall report to the Diet on the measures that it has implemented for the resolution of the issues concerning the victims of wartime sexual coercion and on the findings produced by the investigation as stated in Article 4, Paragraph 2, (3) and it shall also publicly announce the summary of the report.

(Council for Promotion of Resolution for Issues concerning Victims of Wartime Sexual Coercion)
Article 10:

The Council for Promotion of Resolution for Issues concerning Victims of Wartime Sexual Coercion (the "Council", herein after) shall be established at Naikakuhu (the Ministry of the Cabinet).

The Council has the following administrative functions:

(1) To outline the draft fundamental policies.
(2) To arrange the necessary coordination of the pertinent administrative institutions regarding measures to resolve issues concerning the victims of wartime sexual coercion.
(3) To promote the investigation in accordance with Article 4, Paragraph (3).
(4) Other than stated in the previous three sub-paragraphs, to examine the important matters regarding the promotion of the resolution of issues concerning the victims of wartime sexual coercion and to promote the implementation of pertinent measures relative to them.

The Council, when it considers it necessary to carry out the business within its mandate, may ask the heads of concerned administrative authorities and concerned local authorities to cooperate in the submission of documents, clarification of materials and so on.

The council, when it considers it necessary to carry out business within its mandate, may request the necessary cooperation of any persons other than those stated in the previous paragraph.

(Organization of the Council)
Article 11:

The Council consists of a President and Council Members.
The Prime Minister shall appoint the President.
The Prime Minister shall appoint the Council Members from among the Chief Cabinet Minister, the heads of the pertinent administrative authorities and Ministers with the special mandate stipulated in Article 9, 1 of the Establishment of Cabinet Act.

(Committee for Promotion of the Investigation)
Article 12:

The Committee for Promotion of the Investigation shall be set up under the Council in order to authorize it to carry out the tasks stated in Article 10, 2 (3).

The Committee for Promotion of the Investigation, regularly or whenever necessary, shall formulate the progress of the investigation as well as its results in accordance with Article 4, Paragraph 2, (3) and report them to the President.

The Prime Minister shall appoint the members of the Committee for Promotion of the Investigation from among those staff of the pertinent administrative authorities with the appropriate knowledge, expertise and experience.

(Delegated Legislation by Ordinances)
Article 13:

In addition to what has been stated in the three previous articles, necessary mechanisms concerning the organization and management of the Council shall be legislated by ordinances.

Additional Clauses
(Omitted)


(Tentative Translation by Sen. Shoji Motooka's Office, March 2001)


Special Thanks to Mr. Ken Arimitsu for providing us with this document.

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