740.00119 FEAC/11–1149: Telegram
The Acting Political Adviser in Japan (Sebald) to the Secretary of State
488. Cite C–53492. ReDeptel 551, October 31. Since the Soviet representative’s latest statement at FEC 27 October meeting is obviously baseless propaganda largely repetitive of similar sweeping charges advanced at previous meetings and rebutted in the exhaustive analysis contained in SCAP message C–51198, 4 July 1949, believe no further detailed reply either necessary of [or] useful except possibly to two new and grossly inaccurate allegations contained therein:
First: “That by means of mass discharge of workers the Japanese authorities are removing from enterprises and institutions first of all leaders and active members of trade unions”.
Reply: Under Law No. 126 enacted by the Japanese National Diet in May 1949 in implementation of the economic stabilization program, which calls for rationalization of government employment in the interest of efficiency and economy, ceilings were established on the total personnel strength of Japanese governmental agencies which required a reduction of some 20 percent overall, resulting in the release, during the summer months, of about 10 percent of the personnel actually on the regular government payroll. In the execution of this program such pertinent factors as the employees’ seniority, Work record, efficiency, attendance, and attitude toward their jobs all were weighed. It may be assumed that persons with records of frequent absence from their posts, nonattendance to duties or obstructionist and disloyal tactics were among those discharged. Some of these persons may have been active union members, but that certainly was not the criterion for discharge.
Second: That “on September 17 the Japanese Government published a new decision according to which the workers of government and public utility enterprises and institutions are prohibited from engaging in political activities”.
Reply: This obviously refers to Rule No. 17–4 of the National Personnel Authority issued on 19 September. No “new decision” is involved at all, nor are the workers of “public utility enterprises and institutions” affected by this rule, which applies only to government [Page 898] civil service employees, the conditions of whose employment are governed by the National Public Service Law as enacted in 1947 and amended in 1948. Article 102 of this law states, “personnel shall not solicit or receive, or be in any manner concerned in soliciting or receiving, 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 partisan political activity was made by the people’s elected representatives in the Diet many months ago. In Rule No. 17–4 the National Personnel Authority merely carries out its statutory duty to define for administrative purposes the meaning of “political activity”.
The constitutional basis for both the law and the rule may be found 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 participation 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 government but for the protection of civil service employees against pressure 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 machine.