PreventiveLawsuit

Saturday, February 11, 2006

OTHER ORGANIZATIONS AND LAWSUITS

In spite of the Preventive Lawsuit and other forms of protest against the 10.23 direcitve, the Tokyo Board of Education has reprimanded over the past two years more than 300 teachers and school staffs who stayed seated during the singing of the national anthem at graduation or entrance ceremonies. They refused to stand in protest against the 10.23 directive, which they thought was unconstitutional. The music teachers who refused to accompany the singing on the piano were also reprimanded.
The following are the organizations and lawsuits to fight against the coercion of the “Hinomaru “ & “Kinigayo”, and to win the retraction of the unjust punishments.

1. THE ORGANIZATION of REPRIMANDED TEACHERS FOR THE RETRACTION OF THE UNJUST PUNISHMENT INVOLVING THE "HINOMARU" & "KIMIGAYO"

This is the organization of the teachers and the school staffs who were inflicted unjust punishment by the Tokyo Board of Education for having refused to obey the orders based on 10.23 directive.

It is their belief that the coercion of the national flag and the anthem violates “the freedom of thought and conscience, religion and expression” guaranteed by the articles 19, 20 and 21 of the Constitution of Japan. It also violates, they say, the article 10 of the Fundamental Law of Education, which prohibits the political intervention by the administration into education.

Its activities include bringing the matter to the Personnel Committee inquiries, issuing of the newsletter, holding and participating in various events to regain the freedom of education, exchanging information and co-operating with other organizations and so on.

【 Personnel Committee Examination】

They filed an appeal to the the Personnel Committee of Tokyo for the retraction of the unjust punishment, since public servants, when inflicted punishments by the administration, cannot bring a lawsuit directly to the court, without first appealing to the personnel committee.

In the examinations currently being held, the reprimanded teachers are inquiring the staffs of the Tokyo Board of Education and the principals in order to prove that the board intervened in the content of the ceremonies of each school, and therefore violated the article 10 of the Fundamental Law of Education, which prohibits the political intervention by the administration into education.

In case the examination takes too long, or the committee’s decision is improper, they plan to bring the matter to the court.


2. THE LAWSUIT FOR THE RETRACTION OF THE DISMISSAL

Among the reprimanded were teachers who had been working or were to work part time after retirement. They had been promised the next year’s job, but were suddenly fired on March 31, 2004, the last day of the school year, for the reason of staying seated during the singing of the “Kimigayo”at the graduation ceremony.

They filed a lawsuit on June 17, 2004, for the retraction of the dismissal. Another teacher, whose employment had been canceled in 2005 joined them in October 5, 2005.
There have been 9 court days so far.

The next trial is scheduled:
on April 12 (Wed.) 10:30-11:30 a.m.
at Tokyo District Court

3. THE LAWSUIT AGAINST THE REFUSAL OF RE-EMPLOYMENT

Five teachers who retired in March 2005, one year after the reprimand had been inflicted, were told that they had not been accepted as part time teachers for the next school year. The re-employment system was first introduced in 1985, to guarantee the employment on annual base after retirement. With the starting age of the payment of pension being raised, the system has become all the more important, and so far almost all the applicants had been accepted with only very few exceptions. It is obvious that the five teachers were denied of the re-employment because of the refusal of standing at the anthem singing.

They filed a lawsuit on August 2, 2005 claiming the illegality of the refusal of re-employment.
There have been 3 court days so far.  

The Next hearing is scheduled:
on April 20 (Thu.) 10:30 am.
at Tokyo District Court Room 710

Both hearings are open to the public and your attendance is most welcome!