Shelving 'Female Emperors' and 'Emperors of Female Lineage': The Sins of the Advisory Panel

 


 

The advisory panel on the stable succession to the throne held on December 22 decided on a final report based on two proposals: (1) female members of the Imperial Family will remain in the Imperial Family after marriage, and (2) male members of the former Imperial Family will return to the Imperial Family as adopted children: that once again shelved the issue of a female emperor and a female line of emperors, which is desired by the majority of the Japanese people, thus making the issue of the succession to the throne even more serious. The following is a quote from an article in the December 15 edition of President Online that I feel hits the nail on the head.

 

 

The sins of the expert panel, which "ran away" from the issue of a stable succession to the throne, will make it even more difficult for Princess Aiko to marry

 

With the departure of Mako, the eldest daughter of the Akishino family, from the imperial family register after her marriage in October this year, there are now six members of the Imperial Family under the age of 40, of which only the only son of the Akishino family, Prince Hisahito, is male. In December, the government's advisory panel, which is examining how to ensure a stable succession to the throne, compiled the outline of its final report, but Akinori Takamori, a Shinto scholar and researcher on the imperial family, said, "The panel is not examining the most important issues and is shifting the discussion. --.

 

Shelve Consideration of Stable Succession to the Throne, which is Crucial

 

On December 6, this year, the government held an advisory panel (chaired by Atsushi Seike) to discuss the state of the imperial family system, and approved the draft of the report, which had been suspended for a while since July but resumed on November 30. The meeting, which has been held 12 times since March, is now reaching its final stage.

 

Unfortunately, however, the conference is likely to end without addressing any of the issues it was supposed to address.

 

The "concrete measures" for overcoming the crisis of the Imperial Family, which is the axis of the report's framework, are the following two proposals.

 

 (1) Make it possible for the princesses to retain their status as members of the Imperial Family after marriage.

(2) Adoption, which is not allowed for the Imperial Family, should be made possible, and male lineage males who belong to the Imperial line (among the common people) should be made the Imperial Family.

 

 There is also a proposal (3) to make the male line of the imperial line (among the people) the imperial family directly by law, but this is just a preliminary position in case the above two proposals do not work out.

 

 However, all of these are merely measures aimed at "securing the number of the Imperial Family" for the time being (Blogger's note: NOT a stable succession to the throne.)

 

Ignore Parliamentary Resolutions and Change the Subject.

 

Why was the Council established in the first place? It was in response to the government's request in the supplementary resolution to the Special Law on the Imperial Household Law, which made it possible for His Majesty the Emperor Emeritus to abdicate, that the government should "promptly" consider "various issues to enable a stable succession to the throne" and "the establishment of a female imperial family”. That is why the official name of the council is the "Advisory Council on the 'Supplementary Resolution to the Special Law on the Imperial Household Law Concerning the Abdication of the Emperor, etc.”

 

Nevertheless, the panel is trying to "postpone" the solution to the problem by shelving the study on the stable succession of the throne, which is the key issue requested by the Diet, and replacing it with another theme, "securing the number of members of the Imperial Family," which is not mentioned in the supplementary resolution at all. I don't think this is a very sincere attitude.

 

In light of the principle of democracy, the fact that the panel, which is merely a private advisory body of the government not based on laws and regulations, neglects the resolution of the Diet, which is the representative body of the people, must be puzzling. Isn't this behavior a denial of the purpose of the panel's establishment and the significance of its existence?

 

Moreover, both of the above two proposals presented by the panel are unreasonable and unrealistic, even as a short-term measure to "secure the number of the Imperial Family. Let's take a closer look at this point.

 

The "Impossibility" of the Imperial family members and the Common People Living in One Household.

 

First, let's discuss (1).

 

 The previous supplementary resolution named the "establishment of a female imperial family" as an issue for consideration. The "women's imperial family" envisioned here is a plan in which the princesses would retain their status as members of the Imperial Family after their marriage, and of course, like the male members of the Imperial Family, the princesses would be the head of the family, and her spouse and children would also be able to acquire the status of members of the Imperial Family.

 

 However, this is not the case. The spouse and children would have the status of citizens. This would create an unprecedented household in which the imperial family and the common people would live in one household, with the princesses registered in the Imperial Register as members of the imperial family, while their spouses and children would be registered in the family register as citizens. Isn't this too strange a plan?

 

 In this case, I wonder if the consent of the Imperial Household Council would be required for the marriage.

 

 Under the Constitution of Japan, marriage is based "solely on the consent of both sexes" (Article 24, Paragraph 1). However, for the marriage of the Emperor and male members of the Imperial Family, the consent of the Imperial Household Council is exceptionally required because both the spouse and the children will have the status of members of the Imperial Family (Article 10 of the Imperial Household Law).

 

Therefore, it is unreasonable to make an exception to the Constitution in cases where the spouse or children will not have the status of the Imperial Family. However, it cannot be denied that a system in which the Imperial Household Council cannot be involved at all in the marriage of the princesses, who will continue to hold the status of the Imperial Family, is fraught with anxiety.

 

(Blogger's note: This means that if, for example, Mako Akishino were to marry Kei Komuro and establish a female Imperial family, it would be impossible to investigate Komuro's character and surroundings as in the recent case. This means that no matter what kind of gold-digger may be attached to the Princess, they cannot be eliminated.)

 

In other words, the plan for the imperial family member and the common people to live in a single household is itself unreasonable.

 

The unnatural system makes it difficult for female members of the Imperial Family to marry

 

Moreover, if your spouse and children are citizens, they will naturally retain their freedom of activity in politics, economics, religion, etc., which the Constitution guarantees to citizens.

 

 However, can this be reconciled with the position of the Emperor and the Imperial Family, who are described in the Constitution as "the symbol of the Japanese nation," "the symbol of the unity of the Japanese people" (Article 1), and "have no authority over national affairs" (Article 4, Paragraph 1)?

 

It is difficult to imagine that the political, economic, and religious activities of the spouses and children of the inner princes and queens who are confined to the status of members of the Imperial Family would be perceived as completely unrelated to the Imperial Family. If this were to happen, there would be a risk of undermining the constitutional position of the Emperor and the Imperial Family.

 

(Blogger's note: Mako Akishino, when she was a member of the Imperial Family, intervened in the debt problems of her fiancé Kei Komuro's mother, which became a problem, and something similar could happen.)

 

However, on the other hand, it would be a violation of the Constitution to interfere with the freedom and restrict the rights of spouses and children who are citizens on the basis of this.

 

 Furthermore, under such an unnatural system, it would be extremely difficult for Her Imperial Highness Princess Aiko and other members of the Imperial Family to marry.

 

 In light of the above, I don't think that (1) can be adopted as a system at all.

 

“Discrimination on the Basis of Family Origin" Violates the Constitution

 

So what about (2)?

 

 This would be even more unreasonable. After all, from among the citizens registered in the family register, only those of a certain bloodline (male lineage belonging to the imperial line) would be given special treatment, as they would be able to acquire the status of royalty through adoption. It must be said that this is a violation of the principle of equality of the people in the Constitution.

 

Article 14, Section 1 of the Constitution states as follows

 

 "All citizens are equal under the law and shall not be discriminated against in political, economic, or social relations on the basis of race, creed, sex, social status, or family origin.

 

 In light of this article, (2) would fall under the category of "discrimination based on lineage (family lineage)," as only "male members of the imperial lineage" are allowed to adopt children, while other citizens are not allowed to do so.

 

This was already pointed out by Tsunetoshi Shishido, a constitutional scholar and professor at the Graduate School of the University of Tokyo, who attended a hearing of the conference (May 10, 2021).

 

“If the law (Imperial Household Law or Special Law) limits the qualifications for adoption to male lineage males who belong to the imperial lineage (and are not members of the royal family),… it may constitute discrimination based on family origin among the general public.” He said.

 

Is Adoption Realistic?

 

The conference also seems to be aware of this problem. In the "Research and Study" section of the secretariat, we find the following statement, albeit in the euphemistic manner of a government official.

 

 As long as the law clearly stipulates, there may be a problem of equality between the citizens who are defined as adoptable and other citizens.

 

 In order to avoid this, one of the options is to "legislate to allow adoptions by seizing the individual opportunity of adoptions," instead of adopting permanent measures. “Since only certain parties with the same intention to adopt would be eligible, there would be no problem of equality among the people.” It said.

 

However, even if "certain parties" agree on the intention to adopt a child, what if the person to be adopted is not a "male of the male line belonging to the Imperial line"? If the adoption is limited to "the imperial line ......", then it is objectively "discrimination based on family origin" (not a subjective issue of "sense of equality").

 

 On the other hand, if there is no such limitation, the system will become one in which any person who does not belong to the "imperial line" (if it is limited to "males," it will also be "discrimination based on gender" as long as the treatment is among "citizens") can acquire the status of the Imperial Family through adoption.

 

 Furthermore, from the perspective of "generality" (applied to an unspecified number of people in an unspecified number of cases), which is essential for laws, it would be difficult to approve a legislative measure only for individual adoptions.

 

 In the first place, there is the question of whether we can expect the Imperial Family and the citizen to agree to the adoption.

 

Why Did the Panel Get into the Cul-de-Sac?

 

Both (1) and (2) lack validity and are questionable in terms of feasibility.

 

 Furthermore, these measures will not improve the situation where the succession of the Imperial Throne by the Imperial line will come to a standstill unless the marriage partner of Prince Hisahito, the only son of the Akishino family, always produces a male child. If the unimaginable pressure for his marriage partner is left unaddressed, the hurdle to marriage may become hopelessly high.

 

 How did the panel end up in such a cul-de-sac? The reason is clear. As I mentioned at the beginning of this article, it is simply because it has run away from its original task of finding a way to ensure a stable succession to the throne.

 

 The system of concubine, which had long supported the "male line" of succession, has disappeared, and children born to women other than the legitimate wives of the Emperor and the Imperial Family (illegitimate children and illegitimate line) are no longer eligible to succeed to the throne. In spite of this, they still maintain the cramped "male line" of succession qualification that has been in place since the Meiji era. This is what makes the future of the succession to the throne so dangerous.

 

 In other words, the very nature of the current rules of the Imperial Household Law is the root of the problem.

 

No Stable Succession Expected without ‘Female Emperor’ and ‘Emperor of Female Lineage’

 

Nevertheless, the panel has fallen into its own trap by deciding that the current order of succession, which is based on the premise that the rules should be reviewed, "must not be allowed to slip" (according to the July interim report).

 

 However, His Imperial Highness Prince Akishino, the first in line of succession to the throne, is only five years younger than His Majesty the Emperor, and it has been reported that he himself mentioned the possibility of declining the accession to the throne at his advanced age, and the Imperial Household Agency has not denied it. Since this is legally possible (Article 3 of the Imperial Household Law; Itsuo Sonobe, "Introduction to the Law of the Imperial Household"), there is a possibility that the order of succession will be changed, irrespective of the revision of the system.

 

 If the goal is to ensure a stable succession to the throne, there should be no other way forward but to take steps to revise the Imperial Household Law to allow for a female or female line of emperors. The conclusions of the report of the "Expert Committee on the Imperial Household Law" established by the Junichiro Koizumi cabinet were as follows:

 

 "The committee reached the conclusion that it is necessary to extend the qualifications for succession to the throne to women and female members of the Imperial Family.

"Considering the future of our country, it is essential to open the way to a female or female line of emperors in order to maintain a stable succession to the throne.

 

 Once the official report based on the outline approved this time is submitted to the government, the stage will eventually shift to the Diet. How far will the Diet be able to return to the mainstream of the debate there? The true value of the Diet will be tested.

 

 

 

by Akinori Takamori

Shinto scholar and researcher of the Imperial Household

Born in Okayama Prefecture in 1957. Graduated from the Faculty of Letters, Kokugakuin University, and obtained a doctoral degree from the same university. Started out as a researcher on the rites of succession to the Imperial Throne, but has since taken an interest in Japanese history as a whole and has spoken out on contemporary issues. He has participated in the hearings of the "Expert Committee on the Imperial Household Law. He has served as a visiting professor at Takushoku University. He is currently the president of the Japanese Culture Research Institute. He is a member of the board of directors of the Shinto Religious Society. Lecturer at Kokugakuin University. Author of "The Formation of the Female Emperor," "The Truth about the Emperor's 'Retirement before Birth,'" "Japan's Ten Great Emperors," "Dictionary of the Emperors of the Past," etc.

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