Moves have been gaining momentum to have a bill submitted to the Diet that would give non-Japanese permanent residents the right to vote in local elections. Is such local suffrage necessary? Granting such a right would involve constitutional issues as well as create problems in terms of local government management and would threaten to change the nature of this nation. The following is the background to the issue in question-and-answer format:
Question: Moves are afoot to have a bill submitted to the Diet that would grant permanent residents the right to vote in local elections. Why?
Answer: The Democratic Party of Japan called for "early legislation" in respect of that goal as part of its basic policies adopted when the party was established in 1998. It submitted a bill to that end to the Diet in October of that year when it was an opposition party. The DPJ did not include this issue in its manifesto for the Aug. 30 House of Representatives election due to the cautious stance taken by some party members. However, such a bill may be submitted eventually because of support by many DPJ leaders, including Prime Minister Yukio Hatoyama, Foreign Minister Katsuya Okada and Secretary General Ichiro Ozawa.
Q: When will the bill be submitted to the Diet?
A: There was a plan to submit a bill sponsored by DPJ members. But the plan was abandoned due to anticipated opposition from within the party and because its coalition partner, the People's New Party, has reservations about such legislation. Ozawa has insisted that the government should pursue such legislation by submitting a bill to the ordinary Diet session next year. Speaking at a press conference Monday, Ozawa said, "The South Korean government and Korean residents in Japan are strongly calling for such legislation."
Q: Who are defined as permanent foreign residents?
A: They comprise general permanent residents who are permitted by the justice minister to live permanently in Japan based on the Immigration Control and Refugee Recognition Law and special permanent residents who are permitted to reside permanently here under the special immigration control law. Special permanent residents are people from the Korean Peninsula and Taiwan who moved or were brought to this country before or during World War II and their descendants. As of the end of 2008, permanent foreign residents totaled about 912,400, about 423,000 of whom were special permanent residents. Local suffrage is aimed at enhancing the status of permanent foreign residents and encouraging their political participation.
Q: What are the main concerns about granting permanent residents the right to vote?
A: Local governments are empowered to regulate the rights and obligations of residents and establish ordinances, including punitive measures. They are asked to closely cooperate with the central government in line with the law to protect the people. It would be problematic if permanent foreign residents with connections to countries that take a confrontational stance toward Japan exercise their right to vote, creating the possibility that their votes could affect cooperation between the local and central governments.
Q: What issues arise from a constitutional viewpoint?
A: Article 15 of the Constitution stipulates that "the people have the inalienable right to choose their public officials and to dismiss them." In its 1995 ruling on a lawsuit filed by South Korean residents in Japan who demanded the right to vote in local elections, the Supreme Court said the right resided with people of Japanese nationality based on the principle of popular sovereignty. In an obiter dictum to the ruling, the top court said the Constitution does not prohibit permanent foreign residents from being given the right to vote in elections for municipal heads and assembly members, and legislatures should decide whether to give them that right. But the obiter dictum is not legally binding.
Q: Do permanent foreign residents have any existing means to acquire the right to vote?
A: If they become naturalized citizens of Japan and obtain Japanese nationality they may vote and run in local elections. Nearly 10,000 Korean residents here are naturalized annually, and the number of special permanent residents has been decreasing.
Q: Shouldn't the right to vote be given to permanent foreign residents who fulfill their obligation to pay taxes?
A: Permanent foreign residents receive general administrative services. Taking the tax-payment yardstick to its logical extension could invite a line of argument that people who do not pay taxes should not be permitted to vote.