Results for Japan• Full Launch of EDI on May 20, 2015 inWashington DC• EDI includes 70 countries--15 in Asia (Japan,China, Thailand, Vietnam, Cambodia,Malaysia, Philippines, Indonesia etc)
• BEFORE May 20, results are being shared withcivil society partners and government
stakeholders for feedback and comment

EDI in JAPAN• National Researchers– Kenji Fukuda(Attorney at law / Research Associate, Faculty of Law, Waseda University)– Masami Kittaka(Attorney at law/ Aarhus Net Japan)• National Reviewer– Prof. Noriko Okubo• TAI Reviewers

ACCESS TO INFORMATIONJAPAN’s EDI Results
Transparency
32.521.5
10.501.93

Participation

JusticeOverall

Access to Information
Legal Schemes• General Law– National Level• Law Concerning Access to Information Held byAdministrative Organs (LAI) (1991)• Law Concerning Access to Information Held by incorporated
administrative agency (2001)– Local Level• Ordinances concerning access to information held by local
governments• Special provisions in environmental laws
– ex. PRTR Act

Access to Information
Strengths• Available to any person, not justJapanese• Clearly defined procedures forexemption—public interest test
• Proactive information disclosure– PRTR– Environmental Impact Assessment

Access to Information
Weakness• Scope: Only administrative bodies– Not applicable to legislative and judicial bodies?
– Not applicable to Tokyo Electric Power Company• Poor requirements for operators’ disclosure– voluntary issuance of environmental reports• 7751 reports for ECO ACTION21 certification• More than 800 companies’ report on METI’s website• Information related to accidents– In the event of an imminent threat of harm to humanhealth or the environment– Requirement for data collection but not disclosure

PUBLIC PARTICIPATIONJAPAN’s EDI Results
Transparency

Participation

32.5
21.5
10.501.93
1.11

Justice

OverallPublic ParticipationRegulations• Participation in three aspects– Decisions on specific permits• No general/comprehensive laws

– Plans and Policies• No general/comprehensive laws

– Preparation of Executive regulations• General provisions for public comments ofthe administrative procedure act

Public Participation
Strength in specific laws

• The Environmental Impact Assessment Law• Some laws initiated by members of the Diet
– Law Concerning Promotion of Activities CoordinatedAmong Local Organizations for the Conservation ofBiodiversity– Act on Enhancing Motivation on Environmental
Conservation and Promoting of Environmental Education– 2014 : Cabinet bill 100/112, MoD bill 29/107• Requirement to set up Kyogikai (stakeholder
meetings or consultation committee) by law or byagreement

Public Participation
Weakness• No comprehensive law regarding
participation• No participation at early stage– except Environmental Assessment– no sufficient time for “public comments”• Participation through Shingikai ( advisorycouncil )• Voluntary projects without legal basis– Dialogue regarding Chemical Policies

ACCESS TO JUSTICEJAPAN’s EDI Results
Transparency

Participation

Justice

32.5
2
1.5
1

1.93
1.47

0.501.11

OverallAccess to JusticeRegulations• Administrative Review– Administrative Appeal Act– Review by Information Disclosure Review
Board (Act on Access to Info. Art.18)• Judicial Review– Administrative Case Litigation Act• ADR– Act for the Settlement of Environmental
Pollution Disputes

Access to JusticeStrength• Environmental decisions can belegally challenged.
• Affordable– If Amount of controversy is “notcomputable, ” the court stamp fee is 13,000yen– Legal Aid for lawyer’s fee and court fees

Access to Justice
Weakness• Narrow standing– only by those who have “legal interests”• Material harm by the government action• Environmental NGOs plaintiff ?

• Administrative Disposition– Plans ?
– Environmental Standards ?

• No requirement for timely enforcement

OVERALL SCORE

Practice indicators
None
17%

Limited
8%

Full
75%

JAPAN’s EDI Results
Transparency

Participation

Justice

Overall

1.47

1.5

3
2.5
2
1.5
1
0.5
0

1.93
1.11

RECOMENDATION• Access to Information– Expanding operators’ obligation– Accident/health information• Public Participation– Right based approach• Access to Justice– Broader standing– Standing for Environmental NGOs