1. 1 Anti-terrorism Legislation and Civil Liberties in Japan Shigenori Matsui University of British Columbia, Faculty of Law

2. 2 Introduction September 11 attacks in the United States Prime Minister Junichirou Koizumi’s support for the U.S. Government The enactment of the special measure act to support the attack in Afghanistan. The enactment of the special measure act to support the attack in Iraq.

3. 3 The enactment of emergency legislations. The amendment of Immigration Control and Refugee Act. What is the impact of these measures adopted by the Japanese Government on civil society?

4. 4 I September 11 Attacks and the Responses of the Japanese Government Prime Minister Koizumi’s expression of condolence and support. Anti-terrorism measures. Attacks on the Taliban Government in Afghanistan on October 7. Prime Minister’s support and establishment of Emergency Council for Anti-terrorism on October 8

5. 5 The enactment of Anti-terrorism Special Measure Act. Unidentified vessel and heavy shooting between Marine Police Force The enactment of emergency legislation. The Armed Attack Act on 2003

6. 6 Attack in Iraq and the Prime Minister Koizumi’s support. The enactment of the Iraq Special Measure Act in 2003 The enactment of the Citizen Protection Act and the amendment to the Armed Attack Act in 2004. The amendment of the Immigration Control and Refugee Act in 2007.

7. 7 II The Citizen Protection Act and Its Impact on Civil Liberties The Armed Attack Act and responsibility of the Government –Armed attack situation -- when Japan is under armed attack or there is clear and imminent danger of armed attack. –Emergency situation– when a large scale terrorist attack occurred or there is clear and imminent danger of such attack

8. 8 The responsibility of designated public organizations. –“independent administrative organization…, the bank of Japan, Japan Red Cross, Japan Public Broadcasting Corporation, other public organizations and corporations that are engaged in public activities such as supplying electricity, natural gas, transportation, or telecommunication and were so designated by the Cabinet Order”

9. 9 Obligation of designated public organizations to establish plans for armed attack situation and emergency situation.

10. 10 Obligations of broadcasting companies –Obligation to broadcast the warning –Obligation to broadcast the evacuation direction –Obligation to broadcast emergency notice of armed attack

11. 11 Obligations of the telecommunication companies. Obligation of the transportation companies. Obligation of medical service personnel.

12. 12 Obligation of the electricity companies and natural gas companies, transportation companies, telecommunication companies and hospitals.

13. 13 Similar obligation in emergency situation. The impact on civil liberties and civil society.

14. 14 III The Amendment to the Immigration Control and Refugee Act The fingerprint requirement for all foreign visitors except for special permanent resident status holders and for visitors for government business.

15. 15 The impact on illegal immigrants

16. 16 IV Anti-terrorism legislations and Civil Society in Japan Terrorism in Japan –Red Army –Left Student Activist Groups against the Narita International Airport –Aum Shinrikyou

17. 17 The impact of the post-September 11 measures on civil liberties in Japan The impact of Anti-terrorism Special Measure Act and the Iraq Special Measure Act. The impact of the Citizen Protection Act and the amendment to the Immigration Control and Refugee Act.

18. 18 The ratification of the International Convention for the Suppression of the Financing of terrorism in 2001. Freezing of assets of terrorists and terrorist organizations

19. 19 The enactment of the Act concerning the Punishment on Provision of Finance for Criminal Activities for the Purpose of Intimidating the Public in 2002. –Provision of finance –Solicitation and collection of finance

20. 20 Other developments –The government is sensitive to criticism against these anti-terrorism measures. –The increasing concern with the safety led to the increasing number of surveillance cameras in the public places.

21. 21 Constitutionality of anti-terrorism measures questioned.

22. 22 Conclusion The impact on civil liberties is still limited. The anticipated increase of anti-terrorist measures in the future. The issue of amendment of the Act concerning the Punishment of Organized Crime and regulation of Proceeds from Crimes. The future