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United States Department of State / Foreign relations of the United States, 1949. The Far East and Australasia (in two parts)

Northeast Asia: Japan,   pp. 601-939 PDF (132.7 MB)

Page 898

civil service employees, the conditions of whose employment are gov-
erned by the National Public Service Law as enacted in 1947 and
amended in 1948. Article 102 of this law states, "personnel shall noL
solicit or receive, or be in any manner concerned in soliciting or re-
ceiving, any subscription or other benefit for any political party of
political purposes or engage in any political activity as defined by the
rules of the authority other than to exercise the right to vote". Thus,
the decision to exclude civil servants from active participation in parti-
san political activity was made by the people's elected representatives
in the Diet many months ago. In Rule No. 174 the National Personnel
Authority merely carries out its statutory duty to define for adminis-
trative purposes the meaning of "political activity".
   The constitutional basis for both the law:and the rule may be foun1d
 in Article 15 of the Constitution of Japan which states in part, "all
 public servants are servants of the whole community and not of any
 group thereof". With the possible exception of the USSR where it is
 understood participation in political activity is directed under the
 totalitarian political concept, the prohibition against active partici-
 pation in politics by civil servants is long-established and generally
 recognized in the US and other democratic countries. This is, of course,
 both necessary and beneficial, not only in the interest of good govern-
 ment but for the protection of civil service employees against pres-
 sure to work for or contribute to the support of special groups whether
 in or out of the government. Its constitutionality has been sustained
 whenever challenged in the courts. This prohibition thus provides a
 safeguard against the re-emergence in Japan of a totalitarian political
 740.0011 PW (Peace) /11-1449: Telegram
   The Acting Political AdIviser in Japan (Sebald) to the Secretaiy
                              of State
SECRET                                   ToKYo, November 14, 1949.
   495. For Butterworth: General MacArthur and I have. independ-
 ently givený careful, study and iconsideration- to the November 2
 treaty forwarded under cover of your-letter November 4, minus chap-
 ter 5 reserved for security provisions. General MacArthur submits the
 following observations:
 a. That the provisions contained in Article 52 should be eliminated
 as contrary to the concept of a definitive peace enunciated in the pre-
 amble, and would be generally construed by both Japanese and the out-
 side world as continuing restriction upon Japanese sovereignty, becomn-
ing a psychological hbarrier to -the prompt, orderly and progressive

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