May 16, 2017
To the Government of Japan
Regarding National Action Plan on Business and Human Rights
Civil Society Platform for Japan's National Action Planon Business and Human Rights (BHR-NAP Platform)
The UN Guiding Principles on Business and Human Rights (UNGPs) were endorsedby the UN Human Rights Council in 2011. In accordance with the UNGPs, the UN
Working Group on Business and Human Rights (UNWG), along with otherstakeholders, have since 2013 been calling on Governments to develop National
Action Plans (NAPs), to ensure that the UNGPs are implemented fully. As of April
2017, there are 14 States that have completed NAPs., and, concerned with ongoingserious human rights violations involving businesses around the world, we, theundersigned representatives of civil society, have continued to call on theGovernment of Japan to take immediate steps to formulate a NAP.
In the 5th Forum on Business and Human Rights in November 2016, Ambassador
Shino stated that Japan planned to formulate a NAP. The formulation of a NAP has
also been included in as one planned measure in the document “Measures to Achieve
the Sustainable Development Goals (SDGs)”, published in December 2016. Taking
into account its expressly stated willingness to formulate a NAP, we urge theGovernment of Japan to take the following actions.
With regard to the fundamental principles of the NAP:
1. Ensure that the NAP is based on the Guidance on National Action Plans on
Business and Human Rights (NAP Guidance).
The Nap Guidance, which was published by the UNWG in 2014, outlines thefollowing four 'essential criteria' as indispensable for effective NAPs, namely
they must: 1) be founded upon the UNGPs; 2) respond to specific challenges of
the national context; 3) be developed and implemented through an inclusive andtransparent process; and 4) be regularly reviewed and updated. The NAP
Guidance is based on the recognition that there is no ‘one-size-fits-all’ approachto developing NAPs.
We emphasise the importance of fully meeting these criteria, and note that theNAP Guidance states: "Non-Governmental stakeholders should call upon their
Governments to develop NAPs along this guidance and hold them accountablefor unjustified deviations from the UNWG recommendations outlined". We sharethe shared vision enumerated by the Government that “every human person must
be free from human rights violations”.
2. Ensure that the NAP is properly founded upon the UNGPs.
This would include ensuring that the NAP is based on international human rights
instruments, and implementing fully the obligations of the state, including
ensuring meaningful access to an effective remedy as outlined in the first pillar
and the third pillar of the UNGPs. This would also include the integration of theUNGPs into existing government policies strategies, through the NAP.

3. Ensure that all sections of the Government are aware of Japan’s international
human rights obligations.
The NAP Guidance explicitly states that “awareness of and knowledge aboutbusiness and human rights issues should be strengthened among representativesof relevant government departments and agencies” through a NAP process. We
consider that this is essential.
With regard to the NAP process:4. Ensure that officials responsible for NAP formulation engage in meaningful dialogues
with non-governmental stakeholders.
We highlight the importance of engagement with interested stakeholders,
including civil society organisations, in the NAP process. The NAP Guidance
expressly states, "Engagement with relevant non-governmental stakeholders
throughout the process is essential for the effectiveness and legitimacy of aNAP". It requests Governments to create a format for cross-departmental
collaboration and to be engaged with relevant interested stakeholders at eachstage of a NAP process, so it can: 1) identify adverse corporate-related humanrights impacts; 2) identify gaps in State and business implementation of theUNGPs; 3) consult on the priorities and concrete actions to be included in theNAP; 4) draft the initial NAP; 5) evaluate the impact of the NAP after finalising,launching, implementing and monitoring it; and 6) draft updated NAP, consult,finalise, and launch it. This engagement is crucial in the NAP process, and weurge the government to ensure that there is meaningful dialogue, as stated by theUNWG.
5. Ensure a meaningful baseline study is conducted.
A meaningful baseline study is vital to the NAP, and should not be conducted
solely by the government. Rather, it must involve relevant stakeholders andexternal experts.
Regarding the identification of adverse human rights impacts:
6. Ensure that adverse human rights impacts are exhaustively identified.
The NAP process should identify adverse human rights impacts throughout theentire value chain of corporations, including the supply chain, and create an
exhaustive list of human rights issues. This includes negative human rights
impacts both inside and outside Japan, negative human rights impacts involving
companies incorporated in Japan, as well as cases where there is Government
involvement, direct or indirect. In identifying gaps in State and business
implementation of the UNGPs in relation to identified adverse human rights
impacts, all relevant legal and non-legal framework for companies should beexamined.
Regarding Government measures with regard to business and human rights:
7. Ensure a strong Government commitment to address adverse human rights
impacts.

The NAP Guidance recommends that Governments' current and futurecommitments to address adverse human rights impacts are included in the NAP.
In addition, Annex III sets out a non-exhaustive list of measures thatGovernments should consider in their response to the first pillar and the thirdpillar of the UNGP. The Japanese Government should commit to measures toaddress adverse human rights impacts, with full reference to international humanrights standards.
Regarding the core human rights principles of non-discrimination and equality:
8. Take full account of the views of vulnerable or marginalized individuals and groups,
based on the principles of non-discrimination and equality.
Vulnerable or marginalized individuals and groups are more likely to be subject
to negative human rights impacts, and particular attention should be given to theirviews and situations. The NAP Guidance mentions "Effective implementation ofthe UNGPs requires equality and non-discrimination regardless of gender, age,ethnicity, sexual orientation, economic situation, or social status". We putemphasis on the importance of involving such peoples' views in the NAP process.
Respectfully,※ Members of BHR-NAP Platform (May 16, 2017)
Action against Child Exploitation (ACE)
Amnesty International Japan
Asia-Pacific Human Rights Information Center
Business & Human Rights Resource Centre
CSO Network Japan
Japan NGO Center for International Cooperation
Human Rights Now
Save the Children Japan
World Vision Japan