Japan enacts law to prohibit malicious donation solicitations
Japan enacted on Saturday a law to ban organizations from maliciously soliciting donations following controversy over the fundraising practices of the Unification Church, after the Cabinet made concessions on key issues with the opposition camp.
Aiming to avoid creating new victims of controversial religious groups, the House of Councillors, or upper house, is expected to pass the bill with the support of the ruling bloc and most of the opposition parties on the final day of the 69-day extraordinary parliamentary session.
Prime Minister Fumio Kishida’s government has scrambled to enact the bill in an apparent attempt to stave off a plunge in the approval ratings for his Cabinet due partly to issues surrounding the Unification Church.
But lawyers supporting those who have suffered financial ruin as the result of giving large donations to the Unification Church have criticized the hastily crafted law for having many deficiencies, saying it is unlikely to help most of the group’s victims.
The legislation prohibits organizations from “confusing” people to solicit donations through tactics such as “stoking fear,” but the lawyers have argued some believers are “willing” to offer massive amount of donations to them.
While the new law was prepared with the Unification Church’s fundraising practices in mind, including claims made about spirits, it actually covers all corporations, not just religious ones.
The legislation prohibits organizations from requesting donors to borrow money by selling real estate and other assets. Members of groups engaged in unfair solicitation could face a prison sentence of up to one year or a fine of up to 1 million yen ($7,300).
Moreover, if donations are made in ways that are banned under the new law, spouses and dependent children of donors would be allowed to cancel donations on their behalf through legal procedures.
Some opposition parties and lawyers, meanwhile, called for a clause that would allow for the cancellation of donations and the punishment of members of suspicious organizations if the money was paid as the result of “brainwashing.”
In response to such calls, the Kishida administration decided to incorporate a clause obliging groups “not to suppress the free will” of donors to dissuade them from receiving donations maliciously.
The clause will also enable the government to make public the names of organizations that do not abide by the rule, but the lawyers have lambasted it as ineffective because it does not involve prison terms or fines.
Amid mounting criticism of the legislation, a provision stipulates that the law will be reviewed by the government around two years after taking effect.
The scope of the legislation was eventually narrowed down in light of property rights, which allow individuals to use their money as they want, and the freedom of religion, government sources have said. Both rights are guaranteed by Japan’s Constitution.
The ruling Liberal Democratic Party led by Kishida was reluctant to make the law too strict in consideration of its junior coalition partner Komeito, which is backed by Soka Gakkai, Japan’s largest lay Buddhist group, political experts said.
Komeito has voiced concern that the new legislation may negatively affect religious organizations as a whole, claiming they typically rely on donations from followers.
With the government rushing to enact the law, the experts also brushed aside the opposition for trying to ride on the bandwagon and receive support from victims of the Unification Church.