Is "discrimination not allowed" useless?

Liberal Democratic Party swayed by LGBT bill June 17, 11:29

The bill to promote understanding of sexual minorities called

"discrimination is not allowed"

was postponed to the Diet due to the addition of this word, which disagreed opinions within the LDP. Was done.

Based on the Olympic Charter, which denies all discrimination including sexual orientation, it was expected to be established before the Tokyo Olympics and Paralympics.

Why didn't it come to fruition even though it was approved by each party?

(Hiroto Kogaki, Daisuke Nakamura)

The ruling and opposition party agreement bill ...

Early June, half a month before the end of the Diet session.

In Nagatacho, Tokyo, a member of an organization supporting the people of JGBT was complaining.

"It's a life-threatening bill."

"I can't wait until next year.

"

The voice was directed at the Liberal Democratic Party, which decided not to submit the bill to the ordinary Diet session.

Fumino Sugiyama, who is also transgender himself, says that it is a problem that legislation to eliminate discrimination against sexual minorities is not progressing.

Fumino Sugiyama

"Especially children still suffer from discrimination every day and think about suicide. It's a life-threatening bill, and we can't wait until next year."

The bill includes concrete efforts such as the government formulating a basic plan, disseminating knowledge by local governments and schools, and establishing a consultation system to promote understanding of LGBT people. It was included.

"Even though the ruling and opposition parties have reached an agreement, it's a waste."

Tomomi Inada of the Liberal Democratic Party looked back on the process of drafting the bill with the practitioners of each party such as the Constitutional Democratic Party, and bit her lips unintentionally.

“I want to protect the human rights of minorities”

Inada has been known as a conservative politician.

Inada's motivation to tackle the liberal LGBT agenda was a lecture in the United States in 2015 as chairman of the party's political investigation.

He said that he had a personal experience with his son's friend, and when he expressed his view that politics needed to deal with the worries of LGBT people, there was a reaction.

Tomomi Inada said,

"I'm a conservative politician, but I want to work on the human rights of minority people." I wanted to work as a Liberal Democratic Party to protect human rights, not to the right and left of ideology. "

The following year, a "Special Committee on Sexual Orientation and Gender Identity" was set up within the party to outline a bill to support LGBT people.

However, it took time to gain the understanding of the conservatives within the party, which emphasized traditional values, and the department in charge of the government was not decided, so it was not possible to enter the process for submission.

"Focus on the Tokyo Olympics and Para"

Inada started moving again last fall.

He was chairman of the party's mission committee to consider the bill.

Japan's efforts have fallen behind internationally.

In 2019, the OECD = Organization for Economic Co-operation and Development surveyed 35 countries on the status of legislation to eliminate discrimination against sexual minorities, and Japan was ranked 34th, the second from the bottom.

The party's mission committee received more than 100,000 signatures from home and abroad calling for the enactment of a law prohibiting discrimination.

Under these circumstances, Inada focused on the Tokyo Olympics and Paralympics.

The Olympic Charter denies all discrimination, including sexual orientation, and the Tokyo Games have a philosophy of "diversity and harmony."

There was a reading that it was a great opportunity to gain the understanding inside and outside the party and to realize the legislation.

Aiming to pass this year's ordinary Diet session, the outline of the bill was summarized again in April.

Liberal Democratic Party "Improvement of Understanding" vs. Opposition Party "Elimination of Discrimination"

Opposition parties were ahead of the bill in parliamentary submission.

In 2016, the four opposition parties, including the Democratic Party at that time, jointly submitted a bill requiring the formulation of basic policies to eliminate discrimination against LGBT people.

In 2018, six opposition parties, including the Constitutional Democratic Party, have submitted similar bills.

Inada proceeded with discussions with the opposition party through a bipartisan parliamentary federation that considers LGBT issues, hoping to obtain the approval of as many parties as possible, as long as it is submitted as legislative legislation.

However, the opposition bill was aimed at "eliminating discrimination."

For this reason, opposition parties urged the establishment of provisions prohibiting discrimination on the grounds of "gender identity" as to how they perceive their gender.

On the other hand, the outline of the bill compiled by the Liberal Democratic Party was aimed at "improving understanding" of LGBT people.

There was a deep-rooted opinion within the party, saying, "If a ban is set while the definition is ambiguous as to what constitutes discrimination, there is a risk of hindering the human rights of people other than LGBT."

The talks were difficult and the goal of reaching a conclusion by the end of April was not met.

Bipartisan consensus hint to constitution

Is there any way to overcome the situation?

Inada pondered an alternative that the opposition could accept.

The

hint that

"this may work

" was "equality under the law" in Article 14 of the Constitution.

"All citizens are equal before the law and are not discriminated against in political, economic or social relations by race, creed, gender, social status or family origin."

Is it possible to incorporate the purpose of this article into the purpose of the bill as a basic recognition?

Inada once again engaged in discussions with the opposition practitioners.

And May 14th.

After about a month of negotiations, practitioners of each party agreed to add the phrase "under the recognition that discrimination on the grounds of gender identity is unacceptable."

Each party will proceed with the procedures within the party and aim to establish it by the end of the ordinary session of the Diet in June.

You can submit a bill after completing the procedures within the LDP.

It was supposed to be.

In a situation of confusion due to the pros and cons of the LDP

The debate within the LDP, which began on May 20, was confusing, contrary to Inada's expectations.

"Some people suffer from discrimination and commit suicide."

"We should hurry to create a society that recognizes diversity."

Many lawmakers agreed with the submission of the bill.

On the other hand, there were a number of opinions expressing strong concern about the phrase "discrimination is not allowed".

"Maybe it leads to excessive exercise and proceedings."

"There may be cases where a man who claims to be a woman demands to enter the women's bath."

"There is a problem with prohibition"

One person who expressed concern, Shoji Nishida, acting chairman of the party's political investigation, points out:

Mr. Shoji Nishida

"The original plan of the Liberal Democratic Party was to create a society where everyone understands each other and is tolerant. When the sentence" discrimination is not allowed "is included, the goal of the law is" The meaning of "a tolerant society" is a little different. In a sense, it becomes a de facto prohibition, so various problems may arise. "

Nishida keeps in mind the ruling of a trial in May this year.

In a trial in which an employee of the Ministry of Economy, Trade and Industry of Gender Identity Disorder accused the country of restricting the use of women's toilets in the workplace as unfair discrimination, the Tokyo High Court of the second trial contradicted the toilet of the first trial. It was a ruling that the restrictions on the use of were not illegal.

In addition, there is worldwide debate over the rights of LGBT people.

In the United States, it is unfair for "transgender" athletes, who have the physical characteristics of men but whose mind and body do not match, to participate in sports competitions for women and rank high. Last year, there was a lawsuit seeking a ban on participation.

Nishida warns that if the bill is passed as it is, it will lead to rapid social changes and confusion, leading to a situation where LGBT people cannot be accepted.

Mr. Shoji Nishida

"It is important for both LGBT people and non-LGBT people to recognize each other's differences and accept them with a tolerant spirit. There are more people who are unacceptable to the law. Proponents have focused on making the law, and the impact on society as a whole has disappeared. "

On the other hand, Inada argues against the view that the number of proceedings on the grounds of discrimination will increase.

Tomomi Inada

"I don't think there will be more lawsuits. The bill doesn't include any discrimination prohibition clause, so it's not the basis for a trial. I don't write anything like that. Rather, it leads to the creation of guidelines, and even if the number of people who do such things decreases, it will never increase. "

After four days of intra-party discussions ...

The debate within the Liberal Democratic Party, which Inada had said he could get approval in a short period of time, exceeded eight hours in total in four days.

However, it did not lead to the gathering of opinions.

At the general affairs meeting on May 28, the handling of the bill was left to the three roles of the party, including the secretary-general, and it was decided that the submission would be postponed as the end of the session approaches.

Inada emphasizes that he must fulfill his duty to protect the rights of LGBT people.

Tomomi Inada

"Conservatism should be tolerant of diversity, and nothing is born from narrow maintenance. It's all about forgetting the perspective of how to save those who are injured and in need. Not good. It is also the responsibility of the conservative Liberal Democratic Party to protect the rights of minorities and sexual minorities. "

Nishida, on the other hand, argues that discussions should proceed calmly after the next Diet session.

Mr. Shoji Nishida

"Of course, some LGBT people want this bill. On the other hand, it is also true that there are people who do not need it, so calmly, deeply and broadly, dig deeper. You should think about it. Everyone agrees with the idea of ​​protecting the human rights of LGBT people. If you take the time to deliberate on the original plan, even the opposition party will ride.

Also on the issue of the House of Representatives election?

Opposition parties are increasingly criticizing the bill, which was agreed upon by practitioners of the ruling and opposition parties, to fail due to circumstances within the LDP.

The Liberal Democratic Party's policy book in the 2019 Upper House election clearly states:

"Achieve the prompt enactment of legislative legislation aimed at promoting a broad and correct understanding of sexual orientation and gender identity."

There are many members of the Liberal Democratic Party who argue with grudges, saying, "The way Inada and his colleagues talked with the opposition without going through the party's roots and sufficient discussions caused confusion."

One of the veteran lawmakers said, "We may lose the votes of the conservatives who are the support base of the LDP, and the votes of the independents may be reduced due to the criticism of the opposition. I didn't do it. "

We cannot wait to discuss the realization of a society that recognizes diversity, including LGBT people.

What is being asked by politics, regardless of the ruling and opposition parties, is how to make it happen.

As it is expected to be an issue in the next House of Representatives election, I would like to pay attention to how each party draws a path toward realization.

(Honorific title omitted in the text)

# "LGBT" digging deep in NHK political magazine article

Hiroto Kogaki

, a

reporter from the political department,

joined the

station in

2010.

After working at the Kyoto Bureau, moved to the political department in 2015.

From the fall of 2018, he will be in charge of the Hosoda faction of the Liberal Democratic Party.

Reporter of the Political Department

Daisuke Nakamura

Joined the

station in

2006.

After working at the Nara station and Fukuoka station, he became a political department.

Enrolled in the sports news department for 3 years until 2020.

Currently in charge of the Liberal Democratic Party of the House of Councilors.