Act on National Flag and Anthem
However, a law to establish the hinomaru and Kimigayo as official in 1974 failed in the National Diet, due to the opposition of the Japan Teachers Union that insists they have a connection with Japanese militarism.
Although some Japanese hailed the passage, others felt that it was a shift toward restoring nationalistic feelings and culture: It was passed in time for the tenth anniversary of the Emperor Akihito's reign.
Details about each symbol were provided in appendices, including specifications for the construction of the flag and sheet music for Kimigayo.
The law made no provisions for the use or treatment of either symbol,[6] leading to different national and prefectural agencies and ministries creating their own regulations.
[14] During deliberations in the Diet about this bill, there was a suggestion to either use a bright red (赤色 (aka iro)) shade or choose from the color pool of the Japanese Industrial Standards.
[19] Despite this, several military banners of Japan are based on the design of the hinomaru, including the sun-rayed Naval Ensign.
Its lyrics are based on a Waka poem written in the Heian period (794–1185) and sung to a melody composed in the Meiji era (1868–1912).
In 1869, John William Fenton, a visiting Irish military band leader, realized there was no national anthem in Japan, and suggested to Iwao Ōyama, an officer of the Satsuma Clan, that one be created.
[34] Ishikawa's suicide, along with the protests by teachers at the graduation ceremony at Sera High School, prompted Prime Minister Keizō Obuchi of the Liberal Democratic Party (LDP) to draft legislation to make the Hinomaru and Kimigayo the official symbols of Japan.
[35] He intended for the legislation to be introduced in 2000, but his Chief Cabinet Secretary, Hiromu Nonaka, wanted it in effect by November 1999, the tenth anniversary of the enthronement of Emperor Akihito and start of Heisei era).
After the return of Okinawa Prefecture to Japan from American rule in 1972 and the global oil crisis of 1973, then-Prime Minister Tanaka Kakuei hinted in 1974 at the passage of a law that would legalize use of both symbols, a move done partially to increase his popularity with conservative voters.
[37][38] At the time of his suggestion, the Japan Teachers Union was opposed to using the anthem because it "smacked of emperor worship"[37] and was seen as a connection to pre-war militarism.
In addition to instructing the schools to teach and play Kimigayo, Kakuei wanted students to raise the flag and read the Imperial Rescript on Education, pronounced by the Emperor Meiji in 1890, every morning.
LDP General Secretary Yoshirō Mori stated in June of that year that the Japanese people had accepted both the Hinomaru and Kimigayo as national symbols.
Although some of its leadership conceded that both symbols were accepted by the people, they believed that establishing the idea as a law could be a violation of the Japanese Constitution.
[42] Then-Deputy Secretary General Yukio Hatoyama believed that the bill would cause further problems for school officials and unrest among leftist groups that oppose the flag and anthem.
[43] The DPJ offered an amendment to the bill that designated the Hinomaru as the national flag but gave Kimigayo no special status; an alternative anthem was to be found.
[53][54] However, Emperor Akihito expressed displeasure to Tokyo Education Board member Kunio Yonenaga in 2004 that forcing teachers and students to honor the flag and anthem was not "desirable.
"[57] Additionally, the ministry's commentary on the 1999 curriculum guideline for elementary schools notes that "given the advance of internationalization, along with fostering patriotism and awareness of being Japanese, it is important to nurture school children's respectful attitude toward the flag of Japan and Kimigayo as they grow up to be respected Japanese citizens in an internationalized society.
As one of the two prefectures directly affected by World War II, education in Hiroshima has leaned left with regards to information regarding the symbols and the Emperor due to the power of native groups, such as the Buraku Liberation League, and teachers' unions.
[59] However, the spokesperson for the mainland Chinese Ministry of Foreign Affairs stated that the bill was an issue for the Japanese to resolve on their own to move their country toward a peaceful future.
The Philippine government believed that Japan was not going to revert to militarism and that the goal of the law was to formally establish two national symbols, which every state has a right to do.
[62][63] Such vote switching led a writer for The Japan Times to question the rationality of the country's politics over the passage of the bill.
"[65] When the law was passed, Prime Minister Obuchi and other officials stated that there was no intention to regulate the use of the flag and the anthem in everyday life.
As part of that city's regulations, board or school officials are required to record names of teachers who do not stand or sing, and the flag is displayed facing the students during ceremonies.
[69] Several lawsuits were filed to challenge the Tokyo regulations on grounds that the order violated Article 19 of the Japanese Constitution, granting "freedom of thought and conscience.
[4] Over a dozen lawsuits, ranging from the constitutionality of the Tokyo order to the compensation of the punished teachers, have been filed in Japanese courts.
