An Epoch-Making Verdict!!

＊‘Kimigayo’ directive violates freedom of thought

＊Teachers are not obliged to stand and sing the national anthem

On September 21^st Thursday, the Tokyo District Court, acknowledging all the claims by the plaintiffs, ruled that

1. Teachers have no obligation to stand facing the national flag and sing the national anthem or play the piano in accompaniment to the song.

2. Tokyo Board of Education should not impose teachers any punishment for the reason that they do not stand facing the flag and sing or play the anthem

3. Tokyo Government must pay the plaintiffs \30,000 each in compensation.

The presiding Judge Koichi Namba said that to force anyone to sing Kimigayo while facing the national flag violates their freedom of thought and conscience, and that Tokyo’s directive was invalid and breached the Fundamental Law of Education.

Mr. Hiroshi Oyama, the leader of out lawyers, said at the press conference, “This is one of the best rulings in the history of education court cases.”

Following are the voices of a plaintiff, a lawyer and a supporter.

“I’m glad that I have fought as a plaintiff of this lawsuit. I have regained the human pride.”

“The sound judicial spirit was still alive in the courts in Japan.”

“This ruling will encourage a huge number of people”

Thank you very much for your support!

WELCOME!

• Introduction: What is the Yobo-Sosho(Preventive Lawsuit)?
• What’s new?Enter here to check out the up-coming events and articles recently posted.

• The Ruling is now scheduled on 21 September 2006
  
• The Concluding Session is Scheduled On March 20
• Show Your Concern by Signing the Petition!
• Why We Filed the Preventive Lawsuit (Press Release June 16, 2005)
• Translation of the Controversial “10.23 Directive”
• Other Organizations and Lawsuits

Introduction

In January 2004, an initial group of 228 school teachers stood up against the unjust directive that had been issued by Tokyo Metropolitan Board of Education on 23 October 2003, which they believed would violate freedom of thought and conscience, as well as freedom of education. They filed a lawsuit claiming that the directive is invalid because it is not in conformity with the Constitution of Japan and the Fundamental Law of Education, and that the teachers shall not be punished based on the orders commanded by the principals in accordance with the directive.

This court case is nicknamed "Yobo-sosho", or "the Preventive Lawsuit". While most legal complaints are filed after damages are made, this one is about preventing the damages before they actually made as a result of the allegedly unlawful act of the Board. In the meantime, the Education Board reprimanded more than 300 teachers in the two years following the directive for disobeying the controversial order that obliged them to stand up and sing 'Kimigayo' the national anthem at graduation and entrance ceremonies.

Thus the significance of the Preventive Lawsuit has constantly been increased since its start in January 2004. Since then, the membership of the plaintiff's group has grown to 401, who are compelled to follow the disputed order again during the graduation and entrance ceremony season this spring. They are supported and represented by a group of more than 50 enthusiastic lawyers. After 14 hearings, decision of the court is to be delivered in several months. Please learn more about the strife of the teachers towards free and democratic schools. Please support them by voicing your opinion.

Sign the Petition