Japan’s top court rules in favor of U.S. base relocation within Okinawa 2016/12/20
The Japan Times Dec 20, 2016
The replacement base for U.S. Marine Corps Air Station Futenma is planned for this area in Nago, Okinawa Prefecture. | KYODO
The Supreme Court ruled Tuesday in favor of the central government in
its dispute with Okinawa over the Futenma base relocation, likely
allowing the controversial construction plan to resume.
Although not unexpected, the decision is another slap in the face for
the Okinawa Prefectural Government. On Monday, the U.S. military
resumed Osprey flights, despite the prefecture’s objection, after
grounding the tilt-rotor transport aircraft last week following a
crash-landing off Okinawa.
The Supreme Court’s decision also marked an end to the legal fight
that followed Okinawa Gov. Takeshi Onaga’s revocation of his
predecessor’s approval for land reclamation work. This landfill work is
part of the project to relocate the U.S. Futenma base from a crowded
residential area in Ginowan to the less populated Henoko coastal area of
Nago.
But the standoff between the central government and Okinawa is likely
to drag on, as Onaga has already hinted at obstructing the base
relocation through other means.
The Second Petty Bench of the Supreme Court handed down the ruling
without conducting any hearings, which would have been necessary had it
decided to reconsider a high court ruling in September that backed the
central government’s relocation plan.
After decades of hosting the bulk of the U.S. military facilities in
Japan, many people in Okinawa want Futenma to be relocated outside the
prefecture. They are frustrated with noise, crime and accidents linked
to the U.S. bases. Safety concerns were reignited in the wake of the
Dec. 13 crash-landing of an MV-22 Osprey aircraft off Nago.
The central government has maintained that the current relocation
plan, crafted under an accord with the United States, is “the only
solution” for removing the dangers posed by Futenma without undermining
the perceived deterrence provided by the Japan-U.S. security alliance.
Chief Cabinet Secretary Yoshihide Suga welcomed the decision, saying
the Supreme Court “fully accepted” the central government’s arguments
and added that the government is willing to “cooperate” with Okinawa
Prefecture over the relocation plan based on the ruling.
Defense Minister Tomomi Inada said in a statement that the Defense
Ministry plans to “swiftly resume” the landfill work, which has been
suspended amid the intensifying dispute, once Onaga retracts his
revocation.
In its September ruling, the Naha branch of the Fukuoka High Court
acknowledged that the danger and noise problems posed by Futenma are
“serious” and that the relocation plan will reduce the “overall”
burden shouldered by Okinawa’s residents.
It further ruled that benefits from the relocation exceed the
disadvantages, rejecting the Okinawa government’s concerns over
potential environmental damage to the Henoko area. It thus determined
that it was “illegal” for Onaga to revoke the landfill work permission
granted by his predecessor.
The Henoko sea area is a marine habitat for coral reefs and endangered dugong.
The Japanese and U.S. governments struck an accord in 1996 on the
return of the land used for Futenma after public outrage in the wake of a
1995 rape of a local girl by three American servicemen. After years of
wrangling, the Henoko area was eventually picked as the relocation site.
In 2013, then-Gov. Hirokazu Nakaima approved a central government
request for the landfill work at the coastal site. But Onaga, who was
elected in 2014 on a campaign pledge to oppose the Futenma relocation
within Okinawa, revoked the approval in October 2015.
Onaga has said he will swiftly retract his revocation if his loss in
the lawsuit is finalized. But he has also been exploring other options
to thwart the relocation work. For example, he can resist renewing
permission for work that involves damaging rocks in the sea, which is
set to expire in March.
