April 18, 2002
Xanana Gusmao, the hero of East Timor's independence struggle, has won the territory's first presidential election. Gusmao will officially assume the post on May 20, the day East Timor declares independence. We hope he will show strong leadership in ensuring the stability and development of the fledgling nation.
For its part, Japan, as a member of the Asian community, has a duty to do all it can to help the country develop. The pillar of Japan's contributions to the country is the participation of the Self-Defense Forces in U.N. peacekeeping operations in East Timor.
About 680 SDF personnel, the largest contingent to date, recently were dispatched to the country. The SDF members, who will engage in logistic activities, such as the repair of roads and bridges, over the next two years, already have embarked on some activities.
The latest SDF mission will break new ground--seven female members were dispatched for the first time, and the contingent is scheduled to undertake unprecedented joint operations with a South Korean infantry regiment in certain areas.
This year marks the 10th anniversary of the enactment of the U.N. Peacekeeping Activities Cooperation Law. Although a decade has passed since the law was enforced, some problems emerged during debates on the SDF dispatch to East Timor. We believe the government should take this timely opportunity to thoroughly review the legal framework concerning Japan's participation in U.N. peacekeeping operations.
Time to review '5 principles'
One feature of this framework that should be reviewed is the so-called five principles required for the SDF participation in activities of U.N. peacekeeping operations.
U.N. peacekeepers have been monitoring East Timor since February 2000, when they took over the task from multinational forces. However, the Japanese government decided not to send an SDF mission to the country for several reasons. The government pointed out that the SDF's participation in activities of U.N. peacekeeping forces might be sought--such participation was under suspension at that time--and that there was uncertainty concerning whether the truce agreement among the conflicting parties would hold.
The freeze on the SDF's participation in the main operations of U.N. peacekeeping forces was lifted when the peacekeeping cooperation law was revised at the extraordinary Diet session last year.
However, the government postponed reviewing the five principles that restrict PKO activities.
Consequently, the government was forced to interpret the peace agreement in April 1999 as corresponding to a ceasefire agreement.
Given the growing number of international conflicts and the increasing complexity of these disputes, the government should make the conditions for dispatching the SDF fit today's realities, so that Japan can play its part in PKOs without unnecessary delay.
Japan should be a 'normal country'
The criteria for the use of arms by SDF members in the U.N. peacekeeping activities also should be eased.
The revision of the peacekeeping cooperation law last year enabled SDF members to use arms to defend PKO personnel from belligerents in other countries that are "under the protection of Japanese peacekeepers." However, they may only defend individuals--they may not defend troops in an organized, tactical sense. The use of arms is limited to self-defense, and SDF members are not allowed to use arms for the fulfillment of their duties--a practice authorized by the United Nations.
The is because the government is unable to extricate itself from the Cabinet Legislation Bureau's interpretation that use of arms by SDF members might develop into the exercise of military force, which is prohibited under the Constitution.
PKOs are international joint activities conducted under the United Nations for the purpose of maintaining peace in the international community. In this respect, they bear no relation to the use of military force as the exercise of the state's right. As far as arms use in PKO activities is concerned, the government should set rules of engagement that would enable SDF officers to carry out the same activities as troops from other countries.
So that Japan's contributions to the international community are recognized, we believe it is the duty of the Japanese government to position the PKO mission as one of the SDFs' main duties, on a par with its defensive role in the event of armed attack on this country.
Japan should try harder to become a "normal country."
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