Is the Japanese Government's Declaration of a State of Emergency Is "Too Late and Too Small"?

The Japanese Government declared a State of Emergency in Tokyo and other six prefectures on 7th April 2020.

It is the first time for the Japanese Government to declare an order based on the Revised Special Measures Act on New Influenza enforced on 14th March 2020. In this meaning such kind of measure is an inexperienced method and there is no exact answer whether it will be successful solution or not.

At the same time there are strong and negative opinion to the declaration like “too late” [1] or “too soft”[2]. It seems somewhat adequate evaluation to the measure by the Japanese Government, since there are no penalties if one will not obey the declaration. Such situation is very quite different from that of the USA, the UK, France and other countries in where, for example, the authorities can punish people or companies when they do not obey a curfew.

However, we have to understand a meaning of Japanese style of a State of Emergency: it is not a martial law or a US style National Emergency Declaration. The Constitution of Japan does not include an article or description concerning on a State of Emergency. Why that? Because, as we know, before and the during the Pacific War, the Japanese officials such as the police department or the military authorities control the people of Japan and public opinions applying the martial law or the Maintenance of the Public Order Act. Under the situation, it was so difficult for us to say “objection” against the government and the military authorities. Therefore, after the end of the war, we carefully avoid to introducing hard acts or regulations, ex. a martial law. Nevertheless, if one criticizes a situation of Japan focusing on a Coronavirus Emergency, he or she has to pay their attention to the past events and experiences of Japan.

There is no doubt, of course, that a State of Emergency declared by the Japanese Government is so soft. On this occasion, we have to examine what is challenged or tested. One remarkable answer will our attitude, especially Japan’s democracy in the post-war period. Because a meaning of the government’s declaration, which has no strong penalties, is based on our rational activities to join measures to stop an outbreak of the Novel Coronavirus. No punishment means a result of efforts of after the war. And when the government tries to toughen the law, it might be a defeat of people’s mind and activities.

As Descartes says, “le bon sens est la chose la mieux partagée”, common sense is the most shared thing for us. According this maxim, people in Japan shall act to perform their good and common sense to prevent the escalation of the Novel Coronavirus mass infection. Moreover, we want the government to realize enough compensations to people, companies and organizations, since it is an important way for us to change our activities. Consequently, the government shall have common and good sense like us.

[1] Japan Declared a Coronavirus Emergency. Is It Too Late?. The New York Times, 7th April 2020, https://www.nytimes.com/2020/04/07/world/asia/japan-coronavirus-emergency.html (accessed on 10th April 2020).
[2] Japan poised to declare state of emergency over coronavirus. The Guardian, 6th April 2020, https://www.theguardian.com/world/2020/apr/06/japan-poised-to-declare-state-of-emergency-over-coronavirus (accessed on 10th April 2020).

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日本の「非常事態宣言」は「遅すぎ、弱すぎる」のか

2020年4月7日、日本政府は新型インフルエンザ等対策特別措置法に基づき、東京都など7都府県に緊急事態宣言を発令しました。諸外国に比べて強制力が弱いとされる緊急事態宣言はわれわれにとっていかなる意味を持つかを考えることは、宣言と法の成立の過程に照らして、重要な取り組みと言えます。