In the following article, two distinguished experts affiliated with the Open Society Institute examine key aspects of Japan's 2013 “Specially Designated Secrets Protection Act.” (“SDS”) They are concerned with two central problems: defects in the process that led to adoption of the SDS, and shortcomings in the text of the law itself.
Seasoned observers of lawmaking in Japan are familiar with the scenario that played out in the fall of 2013. The SDS bill law was drafted in secret in the administrative offices of government, rather than by the elected representatives of the people in the national legislature. The resulting “government bill” was presented to the Diet for its approval. Because ruling political parties control large majorities in both houses, debate on the floor of the Diet was a mere formality. Opposition party members were allowed to make comments and question government representatives before national television cameras, but the prospect that this would lead to actual revision of the bill was nonexistent.