Prior to World War II, both national and local government bureaucrats were the Emperor's servants, according to Service Regulations for Government Officials. *1 When the postwar Constitution went into effect, they became servants of the people (civil servants).*2 According to Article 1 of the National Public Service Law, the role of civil servants is "to ensure that public affairs are conducted democratically and effectively." Article 1 of the Local Public Service Law contains similar language: "[Civil servants] shall ensure that municipal affairs are administered democratically and efficiently on behalf of the people."

After the collapse of communism, capitalism became the predominant economic system. Consequently, American values and ideology have pervaded Japan's economic system, for better or worse. On the political front, Japanese and American interests have gradually diverged, despite Japan's continuing commitment to the Mutual Security Treaty between the two nations. In its relations with other nations, Japan's strategy is typically to compromise or acquiesce via treaties or agreements, regardless of whether the issue at hand is defense, diplomacy, or trade. If we are to preserve and promote Japan's national interests, we will need intellectual weapons, e.g., legal expertise. And given the current state of the world, we need to reform our civil service system so that our bureaucrats have the authority to act independently of other nations.

The second concerns the domestic situation. To stay abreast of the trend toward globalization and heightening competition, we need to redefine Japan and, for that purpose, streamline our government. That is the ultimate objective of recent reforms, such as (1) the reorganization of the central bureaucracy, (2) decentralization of power, (3) the transfer of some of the central government's authority to local government, and (4) the elimination or privatization of special and authorized public corporations.

2. Eliminate or privatize the 77 special public corporations and the 86 authorized public corporations operating under the aegis of the central bureaucracy. These corporations currently receive public funds for performing official duties.

3. Transfer most of the control over social services, public health, employment and education, as well as tax revenue earmarked therefor to local government, pursuant to the Decentralization Promotion Law. *4

Since the type of work that civil servants do is closely connected with our daily lives, the scope of work to be transferred will be extremely broad. Therefore, to provide adequate services to residents, Japan's 3,224 cities, towns and villages (as of May 1, 2001) should be consolidated into 300 large, autonomous regions. Subsequently, the civil servants in the central bureaucracy should, preferably, move to the areas they have been serving.

(1) Through a revision of the Cabinet Law, the prime minister has been vested with the authority to propose guidelines for important national policies (e.g., diplomacy, defense and budgetary matters) to the Cabinet.*5 Additionally, steps have been taken to make the Cabinet Secretariat, which supports the prime minister, more powerful and functional. *6

(2) When the Law Concerning the Establishment of the Cabinet Office went into force in January 2001, a Cabinet Office was established to support the Cabinet Secretariat. The Cabinet Office is responsible for coordinating the [work?] of the central bureaucracy, and has more authority than any single government ministry or agency.

Another important reform is the establishment of the Council on Economic and Fiscal Policy, within the Cabinet Office. The Council forges robust national economic and fiscal policies, which are then submitted to the Cabinet for approval. Thus, major economic and fiscal policymaking, previously the realm of the Ministry of Finance, MITI (Ministry of International Trade and Industry), the Ministry of Home Affairs and other branches of the central bureaucracy, has been transferred to the Council. At present, only legislation that have been approved at an administrative vice-ministers' meeting can be brought before the Cabinet. However, this practice will most likely be abandoned in the future.

Disputes stemming from ethnic and religious conflicts, economic problems and widening gaps between the rich and poor in some nations are becoming more frequent, as exemplified by the recent ethnic strife in Israel and Macedonia. Problems exist in Japan's vicinity as well, which reveal that Japan is not exercising its sovereignty on its own behalf. Some of them are:

(1) Prime Minister Koizumi was censured by the PRC and South Korea for making an official pilgrimage to Yasukuni Shrine.
(2) Criticism has been leveled against new history textbooks issued in Japan by the PRC and South Korea.
(3) The Russian government is allowing South Korean and Ukrainian fishing boats to fish for Pacific saury in the waters off the Northern Territories (the Southern Kuril Islands), territory over which Japan has exclusive rights.
(4) Chinese marine research vessels have made repeated, unannounced incursions into Japanese territorial waters, despite the existence of an agreement between Japan and the PRC whereby each party is obliged to notify the other before commencing a mission. Japan has not issued protests against these violations of international law.
(5) In the realm of international trade, at negotiations of the WTO, Summit conferences, and APEC, the interests of the various member nations, which are clearly at odds, have come to the fore. Japan must be vigilant in this unpredictable climate.

To protect Japan's sovereignty and independence in the international community, official duties relating to our nation's defense, diplomacy, and international trade should be fulfilled by capable international civil servants from the central bureaucracy. Once the division of labor between the central and local bureaucracies is reformed, local civil servants will handle the bulk of our domestic affairs. International civil servants will devote their efforts to international affairs. Once the transition has been completed, there should be hiring of and interchange with capable persons from the private sector. International civil servants should be placed in positions where they will be most useful. Given the increasing importance of international relations, civil servants should be transferred or temporarily assigned to every major international organization. Efforts to raise the number of Japanese personnel at international organizations, which is currently extremely small, will further the cause of world peace.

Disparaging and maligning civil servants, Japan's most valuable human resources, will not benefit us in any way whatsoever. Those who devote themselves to their country should be rewarded generously. To that end, I propose the following personnel policies.

(1) To attract competent, effective people to the civil service, do away with the seniority system and replace it with one that rewards ability and performance. Eliminate the distinctions between Level 1 and Level 2 civil service examinations. Replace ministry- or agency-specific hiring with a centralized system; assign successful candidates where they will be most effective (centralized hiring is already in effect at the local level). Nurture specialists and institute a multi-track personnel system.

(2) Motivate civil servants to spend their entire careers in public service, and discourage them from resorting to amakudari,*7 even when their contemporaries have been promoted to bureau chief or administrative vice-minister ahead of them. Increase the annual salaries of those ranking under section chief, which have traditionally been relatively low. Raise pension payments to, for instance, 80% of salary at retirement, thus enabling civil servants to enjoy a lifestyle that is consistent with the careers they have forged and their expectations. Such policies will both relieve the pressure on them to seek refuge in the private sector via amakudari, and save tax revenue.

Only when the spirit of Article 1 of the National Public Service Law is put into practice will the people of this nation receive the full benefits that this law intends. A democratic administration and civil servants who truly serve the people are rights won by the citizens of this nation, not largesse doled out at the whim of politicians or bureaucrats. Therefore, this principle must be put into practice, and legal means to ensure that the Japanese people reap the benefits of public service must be exercised.

The intent of the Law Governing Administrative Procedures, which went into force in October 1994, is to achieve fair, transparent administration. The Information Disclosure Law (effective April 2001) provides for a fair, democratic administration based on the people's right to know, understand, and criticize. The obligation to produce official documents upon request was included in an April 2000 revision of the Code of Civil Procedure. The National Public Service Ethics Law (effective April 2000), drafted to prevent civil servants from abusing their power, was prompted by a rash of scandals. The Local Autonomy Law establishes direct democratic systems, including referenda, initiatives, the right to demand an audit, and the right to institute suits when public funds are misused by local government officials. These legal means are not all-encompassing, but if they are applied to the fullest, we will have made considerable progress toward enhancing citizens' rights and autonomy.