Japan: The Dissolution of the Unification Church and International Law. 2

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Do you have a question or a concern? Do you need a consultation on any matters? Japan: The Dissolution of the Unification Church and International Law. 2. A Call to a Silent Media Please click here to Ask your Question. A confirmed decision of dissolution would dramatically diminish Japan’s international standing.

by Patricia Duval {Bitter Winter)

•compiled by Keira Ando for “Monthly Seron.” lt&h ~► English Article 2 of 2.

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Contrary to the Princi ple of Proportionality Other Languages

In asserting the legitimacy of t he d issolution order, Japanese courts have stated that “t he dissolu tion o rder does not prevent individual believers from practicing their religion.” However, this argument is merely formalistic and ignores the essential dimensions of freedom of religion. (French) Principe divin complet en audio Article 18, paragraph 1 of the ICCPR provides that freedom of relig ion includes the freedom to practice one’s religion “either indivi dually or in com munity w ith others.” United Natio ns resolutions likewise call upon States to respect and guarantee the freedom t o establish and maintain religious, (French) Serie Pr incipe d ivin en 10 m in charitable, and humani t arian institutions. (French) Aperc;u du Principe divin The toss of legal personality as a religious corporation, together w ith the liq u idation of alt assets built up through donations-includ ing buildi ngs used for religious activit ies and operating funds- renders the functioning of the relig ious community and t he collective practice of faith effectively (German) Das GOttliche Prin zip impossible.

A d issolution order, as a rest rictio n imposed to achieve a particular obj ective, must therefor e be subjected to st rict scrutiny under the requ irement of proportionality mandat ed by Article 1 8, paragraph 3 of the Covenant . The loss of religious legal personality and the liquidation of all assets- measures (Japanese) Basic Pri nci ple

that have g rave consequences for believers’ freedom to m anifest t heir faith -are manifestly disproportionate t o the stated objectives. They m ust be (Spanish) Principia D iv ina (Bolivia) regarded under int ernational law as violations of the p rinciple of propo rtio nality.

(Spanish) Seminario d el Principia Divina The United Nations Hu man Right s Comminee has examined this issue from p recisely this perspective in a precedent involving the Be1arusian government’s refusal to regist er a relig io us organization. The case, decided in 2005 and known as M alakhovsky and Pikul v. Belaru s, found that the {Portuguese) Palavra d a Verdade denial of registration prevented act ivities such as establishing educational institutions and inviting foreign religious lead ers. The Committee concluded that the restriction was not proportionate and held that the Belarusian government had violated the Covenant. {Portuguese) Conferencias Principia D ivine

The Japanese Supreme Court’s assertion that a dissolution ord er “does not prohibit o r restrict the religious activit ies of believers” ignores the material (Portuguese) Princip ia Divine {HyoJin and spirit ual impact of t he liq uidation of all community assets and places of worship. Such reasoning may be inter pret ed as ref lecting an intent to Producciones) erase communal relig ious practice it self. Furthermore, regardless of how Japanese courts may interpret the freedom of r eligion gu aranteed by t he Constitut ion of Japan, t he authority to interpret the ICCPR rests with t he Human Rights Committee est ablished und er t he Covenant. Consequently, {Russian) 6oxecrBeHH1,1H OpHHUHII

Japan’s courts are bound by an int ernational legal obligation t o com ply with that interpretation. {Russian) K HHra. Eo:«:ecTBeHHhIH IlpHHUHil

The Liquidation Process (Tagalog) Divine Principle Lectures The asset liq uidation process following a dissolu tion order has a profound impact on the activities of individual believers. Holy Song According to d raft g uidelines issued by t he Agency for Cultural Affairs, because a large number of claimants are expected, t asks such as id entifying whether cla ims exist, d etermining their amounts, and m aking repayments will require considerable time and m ay t ake a long t ime. Holy Song Compilation Committee

As liquidation proceedi ngs d rag o n, the risk increases t hat believers’ religious activities wi ll be sig nificantly affected by restrictions on the use of facilit ies.

Although liq uidators are expect ed to g ive due c onsideration by permitting believers t o use facilities t o the extent that such use does not interfere with liquidation d u ties, believers have no inherent r ig ht to demand access. Any use is limit ed t o what the liquidat or al lows based on reasonable judgment.

Moreover, to secure funds for d ebt repayment, liquidators must d ispose of asset s and convert them i nt o cash. Even in this cont ext, the guidelines m erely st ate that it is d esirab le to prioritize the disposal o f assets not currently used for religious activities.

Serious questions also arise reg arding special types of property owned by the religious organization, such as cemeteries- specifica lly, who w ill manage ► 0000 09SS 1111~ ~: them after liquidation and whether they w ill ult imately be sold . Although cem et eries are p rotected by special legislat ion, liquidato r s are responsible for m anaging property once the relig ious corporation has lost ownership and m ust exercise appropriate care in d isposing of it . How ev er, the ext ent t o which bereaved f amilies’ wishes w ill be respect ed remains uncertain.

If, throug h this liquidatio n process, the foundations of religious activit ies buil t through believers’ donations are sold off, the resulting harm wi ll be irreversible.

- ► . 00 00 00 00 ..~ ~~

A view of Tokyo District Court. From X.

A Call to a Silent Media

Suppose that d issolution is carried out and the liq uidator sells off all assets. If, thereafter, it becomes clear that the dissolution proceedings involved egregious violations of international law and international human rights law, or if the very legitimacy of the d issolution procedure is called into

question, how are the disposed assets to be restored?

How, then, w ould t he Japanese government compensate for damage t hat ha s already occurred? This is no simple matter. It is precisely the possibility of such irreversible harm that constitutes the core reason why the dissolution decision must be assessed as a serious violat ion of t he principle of proportionalit y under in ternational law.

The urgent stat ement issued by the Special Rapporteurs squarely p laces internat ional responsibility o n the Japanese government. With the Universal Periodic Review (UPR) before the Human Rig hts Council likely t o take place w it hin the next one or t wo years, if this dissolution issu e is raised, Japan will face open criticism from ot her States Parties on the grounds of violations of international law.

Recommendations and criticism from the Human Rights Council carry the penalty of d iminished international standing. In the context of the United Nations, this could resu lt in serious d isadvantages for Japan’s long-standing diplomatic objectives, such as its pursuit of a permanent seat on the Security Council.

We, as European experts, will not overlook t hese facts. We will continue to prov ide information to the United Nations, and t he Unit ed Nations w ill, in turn, continue to scruti nize the Japanese government.

The media has a responsi bility to inform the Japanese public that the government may be held accountable for this matter i n the futu re.

Despite the issuance of a highly urgent press release by th e Special Rapporteurs, Japan’s major national newspapers have scarcely reported on it . This situation reveals a grave problem: important international debates are being ignored domestically.

Journalism is required to confront t he misinformation ci rculati ng w it hin the country with t he truths established under international human right s law. In particular, i t is essentia l to report dearly, as a matter of fact, the unscientific nature of the “mind control” theory and the reality that the solicitation of donat ions constitutes a form of religious practice protected under international law.

At the same time, criticizing the constitutional concept of “public welfare,” wh ich lies at the core of Japan’s legal system, as contrary to international law presents difficult ch allenges. If criticism were to extend directly to the Constitution of Japan itself, there is a risk of provo king strong domest ic backlash, framed as a rejection of the Constitution.

Under international law , however, St at es Parties are obliged to amend domestic laws that violate international law (Article 2(2) of t h e ICCPR). The Constitution of Japan expressly provides for the obligation to observe treaties (Article 98, paragraph 2). Accordingly, where Japanese law conflict s with international law, t here exist s a constitutiona l obligation to amend it .

W hen writing on this issue, it is therefore necessary to strike a balance between pursuing internat ional truth and d omestic accep t ability. At a minimum, it is realistic, as an editorial j udgment, to confine the discussion to t he legal a rgument t hat “ limiting the grounds for dissolution under the Religious Corporations Act to the vague notion of public welfare is incompatible w ith international law.”

This is because g rounding a m easure as grave as d issolut ion- t antamount to a death sentence for a religious corporation- on the exceedingly vague concept of “public welfare” represents a structural defect in Japan’s legal system, one that international human rights law has called upon Japan to correct for forty-five years.

The present d issolution decision, based on the ambiguous notion of “public welfare” and p rem ised on the unscientific theory of “m ental manipulation,” substantively infringes believers’ right t o practice their fa it h “ in community w ith others” and represents a serious departure from t he conditions for restricting freedom of r eligion set out in the ICCPR.

The urgent stat ement by the Special Rapporteurs const itutes a final warning : if higher court s uphold this decision, Japan w ill be i n dear violation of it s internat ional obligations and will f ace severe crit icism from the int ernat ional commu nity.

The Japanese government and j udiciary must take t his international pressure seriously and are obliged to prom p tly amend domestic law s and systems to ensure conformity w ith the ICCPR and t o g uarantee the freedom of religion of relig ious m inorities effectively. Reso lving this issu e, I submit, is an indispensable path to maintaining Japan’s credibility and standing w ithin the international community.

aammm « The Unification Church and the Pal Paradox in Japan Japan: The Dissolution of the Unification Church and International Law.1 »

-- iii~~ Dissolution of the Un~ Olurch arid International taw:f” — - - n

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