Emergency Protest Statement
-A impeachment on
“a provisional injunction to ban distribution of flyer”–
(抗議声明 － 情宣活動禁止「仮処分決定」を弾劾する ー）
February 3, 2010
Zengakuren (All Japan Federation of Students’ Autonomous Body)
The President ODA Yosuke
Hosei University Federation of Cultural Clubs
1) On January 29, Tokyo district court made a provisional injunction to ban distribution of flyer etc against Zengakuren and 12students (ARAI Taku, ICHIKAWA Kazuhiro, UTSUMI Yuichi, ODA Yosuke, ONDA Ryo, KUKINO Kazuya, KURAOKA Masami, SAITO Ikuma, SAKANO Yohei, NAKAJIMA Hiroaki, MASUI Makoto, MATSUMURO Shiori).
Contents of the decision is following,
Prohibition against any “loitering” “staying” and distributing flyers etc within a radius of 200 meters from Ichigaya campus and Kudan school building during the entrance examination of Hosei University that starts on February 5 and punishment of the its violation by penalty of one million yen.
This means suppression of independent students’ campaign to the examinees and violation of Article 21 paragraph 1 of the Constitution that guarantees freedom of expression and speech. According to Tokyo district court, “business right” of Hosei University, a capitalist corporation, is superior to the Constitution! Why can we allow this? We vehemently impeach this “injunction”, declare to fight it back by every means and advance the struggle at Hosei University through joining enormous examinees.
2) This “injunction” is a symbol of the bankruptcy of “neo-liberalism university”, Hosei.
Now, we students as well as workers are driven into a situation, in which it is hard to live, under the global economic crisis and large-scale unemployment. Meanwhile, Hosei, a capitalist corporation, has robbed the students of sky-high school expenses by offering “job hunting” or “qualifications (for job hunting)”as bait. (In this year, the expense of the first year costs more than 1,260,000 yen a head.) Therefore, the number of the applicants for the entrance examination sharply decreased as a matter of course. (In 2009, the number of students who took the general entrance examination decreased to 85,700 from 97,000 in 2008.) Hosei University attributes responsibility for its bankruptcy to us students who distributed flyer on campus. How shameful they are! The fundamental problem is that university has been reduced to a tool of mean and greedy “education business”. This Tokyo district court “injunction” shows the fear of the management of Hosei University, that the anger against “Neo-liberalism University” joins together the struggle at Hosei University.
3) In the first place, we never forgive the fact that this “injunction” has made a historical escalation. Firstly, Tokyo district court, in making this “injunction”, didn’t give any notice to the group and the students concerned about this statement by the Hosei management. The court even conducted no inquiry on the case. So, we have been unable to confirm the content of the statement or even to know the ground upon which the court made this “injunction”. It clearly violates Article 23 of the Civil Preserving Act that provides ”the need of a inquiry” There was obviously enough time for an inquiry, so an excuse for “urgency for provisional injunction” is not at all valid and is never forgiven. This is a historic and unprecedented reactionary practice at Tokyo district court ever seen in the past.
Secondly, the Tokyo district court “injunction” designates ”Zengakuren” as an object of prohibitions. It means a defacto application of “the Anti-Subversive Activities Law” and “ Law against Organized crime to a group. This is the same attack as an application of “Law concerning the Punishment of Physical Violence and Others” that justifies an arrest by the reason of being a member of a group regardless of there was a practice act or not. (This is a repressive law for crackdown that had been legislated before WWⅡand was recently applied to the struggle at Hosei University in 2009)
Thirdly, this is the first measure taken during the entrance examination of Hosei University by the help of “provisional injunction to ban distribution of flyer etc”. Last March, on the “open campus day”, a similar injunction was made against 8 students. This time, however, the aim of the university management is clearly to expand the prohibition granted by the injunction to the whole period of “freshmen week” and “welcome rally” etc. on campus and to put the campus of Hosei University and its surrounding areas “under the martial law “, a state out of the validity of the Constitution.
4) As the second point, the picture before us is a rotten and corrupt figure of “Neo-liberalism University”, brought about by “privatization of education” and a policy of giving “business right of University” top priority.
In the “statement for the provisional injunction”, the Hosei University authorities insist the following —– ”It is an extremely important duty for the creditor (the Hosei management) to develop various activities to obtain necessary and enough number of new students. These activities are within the business rights of creditor”. “The acts of the debtors (Zengakuren and 12students) give a threat that could cause a serious and irrecoverable damage to us”. “. In short, student movement including distribution of flyer is to be “an obstacle” for the moneymaking. Is this really an educational institution? Ironically Hosei University proudly advocates the importance of “freedom and progress” in the publicity! What a shame!
Under the policy of “privatization of education” practiced since 1980’s, the whole campus has been dominated (and privatized) by “the logic of capital” and students have been driven to be uncritical slaves. Now, the faculty councils of both of the law and economics departments aim at new disciplinary measure on three students. A punishment on distribution of flyers on the campus, and penalty of 1,000,000 yen for distribution of flyers in front of the gate—– Hosei University is no longer “an institution of the education” in any sense, but a prison.
5) As the third point, the “provisional injunction to ban distribution of flyer etc” is an attempt to pave a way for “revision of the Constitution and war”. The “injunction” this time and the crackdown on students in 2009 by “Law concerning the Punishment of Physical Violence and Others” are one and the same demonstration of the will of the state power. Before the enforcement of the “Act on Procedures for Amendment of the Constitution of Japan” in May, destruction of the post-war constitution system has been launched. When university is deprived of freedom, war begins. “The road to make war again” is a part of capitalist aggressions on workers and students by reinforcing plunder through large-scale unemployment and wage cut, etc.
6) As the forth point, this is an outcome of the violent and desperate rule of Hosei University authorities over students by means of punishments and intimidations since the arrests of 29 students on March 14, 2006. In Hosei University, the security police arrested 112 students and 33 of them have been prosecuted in these 4 years. In the mean time, self-government and solidarity of student were thoroughly destroyed. And after 90’s, a series of suppressive policies have been practiced: deprivation of the authorized right of Student Autonomous Body, dismantling of the Student Building as the foothold of the independent student club activity, disorganization of the Students’ Union, removal of the student hall, prohibition of distribution of flyers and setting of billboards and finally, introduction of violent guards on campus. Solidarity of students, criticism to the university authorities, expression of own view has been considered “unlawful” and become the targets of oppression and punishment.
However, the rule no longer works. All of the students who faced brutal police crackdown have maintained complete silence against police interrogation and none of them converted. Since 2008, the Federation of Cultural Clubs (culture league) stood up on the campus with the slogan— “we never abandon any one”. And then we carried out a rally on Hosei University campus with 1500 students and workers last April. The struggle at Hosei University gets over repression and advances further.
7) As the fifth point, this “injunction” contributed to strengthen our solidarity and encourages angry voices to surround the Hosei University authorities as well as the state power, mobilizing the whole campus and all society into the struggle.
The anger at the crackdown by “Law concerning the Punishment of Physical Violence and Others” brought about a joint struggle with militant labor unions led by Doro-Chiba (National Railway Motive power Union of Chiba) that was materialized in a rally with 1200 students and workers at the main gate of Hosei University on last July15. Moreover, 74 lawyers issued a protest statement with a joint signature against” the provisional injunction” on last March. International solidarity with the struggle at Hosei University is spreading to Korea, U.S.A., and Germany and other countries. This March, the struggle on Hosei University joins in the strike action by workers and students in California.
8) Lastly, we declare that the struggle at Hosei University will definitely defeat the “provisional injunction” and win a victory. It is no use for the Hosei University authorities of concealing the reality and lack of justice from the eyes of examinees. “Japan Times”(July 9, 2009 issue) mockingly described the Hosei University management as “Banana Republic”. We resolutely carry out militant propaganda campaign during the entrance examination and join examinees.
The whole society is full of anger. 2010 is the year when revolt of young people and student arises against “war and large-scale unemployment”, “privatization and destruction of unity and solidarity”. The struggle at Hosei University stands on the forefront of the struggle. The masters of the campus are students. We are determined to carry out a Hosei University campus rally on April 23 as a breakthrough, and open up our future by our own action.