Working Group on the
National Action Plan
(NAP) on Business andHuman Rights“Stakeholder Common Request”
and the Letter of Request(tentative translation)

Tentative translation by ILO Office for JapanThe original is in Japanese[Stakeholder Common Request]■ Non-financial Reporting:
The Government promotes the non-financial reporting on the implementation and the result of
human rights due diligence and other relevant initiatives to enhance the corporate value andcompetitiveness of the enterprises making effort to address challenges among business andhuman rights issues.

■ Foreign Workers:
The Government, under the law, protects the human rights of all foreign workers, including
those relating to equality and labour. The Government will implement the following policy
measures in order to protect the rights of foreign workers in due consideration of the reported
cases of poor working conditions and violations of the rights of foreign workers.
Technical Intern Training Program: In light of rigorous enforcement of the TechnicalIntern Training Act, the Government increases investment in both human and financial
resource towards strengthening the overall function of the Organization for TechnicalIntern Training, particularly the labour inspectorate. The Government takes measures
within bilateral government agreements to eliminate obligations owed by workers thatcause forced or compulsory labour. In addition, the Government conducts awarenessraising and training to foreign technical interns, implementing organizations, and otheractors concerned, including the dissemination of measures in accordance with the“Guideline concerning the Improvement of Employment Management”, and assistancewill be provided to implementing organizations that are SMEs;

Specified Skilled Workers: In case of accepting foreign workers under the framework of
the Specified Skills, the Government ensures rigorous enforcement of applicable laws,
increase in investment in both human and financial resource to fulfill the function oflabour inspectorate, and guarantees the freedom to choose own workplace. The
Government takes measures within bilateral government agreements to eliminate
obligations owed by workers causing forced or compulsory labour. It also conducts
awareness raising and provides assistance to related companies;

Other policy measures for the protection of the rights of foreigners: Promote supply
chain management, including human rights DD, in order to address the challenges offoreign workers in domestic and overseas supply chains, especially those relating tofundamental principles and rights at work. In addition, the Government provides
consultation service for foreign workers, which offers in their mother language andcooperates with legal experts to improve accessibility and resolve problems effectively;To realize a society of harmonious coexistence, in which both Japanese and foreign
nationals can respect each other, the Government promotes and disseminates among
society various measures such as support for foreign nationals as living citizens asenvisaged in “Comprehensive Measures for the Acceptance and Coexistence of Foreign
Human Resources”.

1Tentative translation by ILO Office for JapanThe original is in Japanese■ Human Rights Due Diligence and Supply Chains:
The Government implements the following policies to promote corporate human rights due
diligence based on the UN Guiding Principles and other initiatives to respect human rights inboth domestic and overseas supply chains (definition of “supply chains” should be subject toreview):


The Government develops practical and feasible guidelines on human rights DD based on
UNGP and OECD DD Guidance and provide tools to promote the use thereof. Suchguidelines should include the ones specialized in particular sector or individual humanrights issues (forced labour, child labor, trafficking in persons, etc.) that pose particularlyhigh risks to human rights;

With a view to enhancing corporate competitiveness, the Government promotes corporate
initiatives to engage in dialogue with stakeholders, as a mutually complementary initiative
together with human rights DD. Specifically, assistance should be provided to enterprises
by means of collecting and disseminating good practices in relation with the stakeholder
dialogue. In the field of labour, guarantee of core labour standards and collective labour
rights is prerequisite. Good practices are identified in line with the ILO MNE Declaration,
and which include those related to constructive industrial relations that address labour
issues through labour-management dialogues, and practices where efforts are made to
improve working environment and address social issues through engagement andcollaboration with stakeholders;

The Government engages in effective dialogue with overseas countries and provide
necessary assistance for institutional development through bilateral or multilateral
cooperative frameworks between governments in order to address issues in overseas
countries identified through the corporate human rights DD;

In due consideration of the issues specific to SMEs, the Government develops a guidebook
for SMEs on human rights DD, collects and disseminates good practices of SMEs, andprovides sufficient information and necessary support for SMEs; and

The Government establishes a consultation desk on human rights DD and supply chain
initiatives as well as providing expert referral services. The Government ensures policy
coherence through cooperation between diplomatic missions and related ministries andagencies. The Government conducts awareness raising and dissemination of the ILO MNE
Declaration and the OECD MNE Guidelines to promote corporate initiatives that are
implemented in accordance with those instruments.

■ Public Procurement:
The Government fulfils its responsibility to protect human rights in relation with public
procurement and implements the following policies for public procurement in order to promote
corporate initiatives to respect human rights:


The Government considers a scoring system that evaluates positively the corporate initiatives
to respect for human rights, in addition to the existing scoring mechanisms for promoting
women’s participation and advancement in workplace and efforts ensuring work-lifebalance;2Tentative translation by ILO Office for JapanThe original is in Japanese

The Government implements awareness raising and training for public officials involved inpublic procurement;



The Government improves procedures of the existing grievance mechanism under public
procurement system from the perspective of ensuring access to effective remedy by people
whose human rights are negatively affected; and

The Government provides necessary support for public procurement in local governments toensure that measures are taken in accordance with the spirit of the above-mentioned policies
by those local governments.

■ Access to Remedy:
The Government implements the following policies to ensure an easy access to effective remedy
by people whose human rights are negatively affected:
With regard to the NCP, the Government (i) strengthens and facilitates collaboration among
the three Ministries in charge, aiming at assisting the conflict resolution by parties, (ii)guarantees fairness and neutrality of the system in order to ensure the trust by all parties,and (iii) conducts public relations activities on NCP functions and processes for the purposeof enhancing the awareness and understanding of the system; and

The Government makes efforts to recognize and support, as necessary, private-sector
initiatives for grievance, such as industry-level grievance mechanisms.

3

Tentative translation by ILO Office for JapanThe original is in Japanese

Letter of Request

FROM:
Working Group on the NAP on Business and Human Rights
All Stakeholder Members

21 November 2019

1．Request
Various opinions from each stakeholder who constitutes the working group has been submitted
respectively through the formulating process of the National Action Plan on Business and Human
Rights (NAP). Aiming at extracting minimum consensus from those various stakeholder opinions
and requests towards NAP in five identified issue categories significant to the NAP formulatingprocess; namely non-financial reporting, foreign workers, human rights due diligence and supply
chains, public procurement, and access to remedy, we conducted a set of dialogue and then confirmed“minimum consensus”.
Therefore, we hereby request your Ministry to reflect this minimum consensus among stakeholders(“Stakeholder Common Request”) in NAP in a meaningful and concrete manner. We also
request that this Letter of Request including Stakeholder Common Request is taken up as one of theagendas of the forthcoming fourth working group meeting and the meetings thereafter, is distributedin the meeting, and is made public in a timely manner.
Additionally, we request that opinions from each stakeholder that are additional to the Stakeholder
Common Request are to be discussed in the working group meetings, and also the result of judgment,
either adoption or rejection, is to be informed with an explanation of reasoning.

2. Preconditions
This Letter of Request is subject to the following:
A. Stakeholder opinions that are extracted to form the Stakeholder Common Request:
 Opinions included in the Report of the Baseline Study; Written opinions submitted to your Ministry through the working group; and Opinions from stakeholders raised during the course of our dialogue to develop this Letterof Request
B. Issue categories that are identified in forming the Stakeholder Common Request:
 Identified as 5 important issue categories - non-financial reporting, foreign workers,
human rights due diligence and supply chains, public procurement, and access to remedy; Identified in consideration of the level of importance that is manifested from multiple
stakeholders; Among those 5 categories, each Stakeholder Common Request can be mutually
overlapping, and other common issues raised in the stakeholder requests can be omitted
for some taxonomic reason.

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Tentative translation by ILO Office for JapanThe original is in Japanese

C. Nature of the Stakeholder Common Request
 Stakeholder Common Request is regarded as minimum consensus of the stakeholder, andtherefore it does not aim to revise or restrict other requests already made from eachstakeholder.
D. A way forward We request that the Stakeholder Common Request is to be documented as concrete actionplans through a full engagement with stakeholders and discussions for further
development.
 For important issues other than those 5 categories, stakeholder can additionally discussand agree a common request.
 Relevant information from UNGPs, SDGs, UN NAP Guidance, Baseline Study, NAPs
from other countries were referred in forming the Stakeholder Common Request; asummary of these information has been prepared and considered to submit in anotheroccasion.

5

Tentative translation by ILO Office for JapanThe original is in Japanese

3．Stakeholder Common Request
A. Non-financial reporting
Common understandings: Non-financial reporting
Opinions of the stakeholders (Summary)“B”: Japan Federation of Bar Associations“C”: Civil Society Platform for Japan’s National Action Plan on Business and Human Rights“G”: Global Compact Network Japan“I”: International Labour Organization“K”: Japan Business Federation (KEIDANREN)“R”: Japan Trade Union Confederation (JTUC-Rengo)“S”: National Conference of Association of Small Business Entrepreneurs“Z”: Ms Zeniya, Dai-ichi Life Insurance (investor)[Content and evaluation of the information that should be reported by companies]
 Scope and evaluation criteria should be standardized or clarified when it comes to humanrights reporting. (K) Information such as gender pay gap and diversity is not included in the mandatory nonfinancial reporting framework (under current law) (B) Reporting should include information such as human rights risk management throughout
supply chains which involve other companies (B, C)[Mandatory reporting] Policy should promote voluntary reporting and disclosure for the time being (e.g. establish
guidance for domestic companies, consultation desks, and portal sites). (K) Policy promoting non-financial reporting should be developed progressively with due analysis
on the necessity and effect of the reporting as well as on examples of other countries. (K) Reporting of efforts and initiatives implemented throughout supply chains should be
mandatory (C), mandatory reporting for companies of a size larger than a prescribed level. (B)[Process of reporting] Linkage with METI’s Guidance for Collaborative Value Creation (G), develop a guidance
document for non-financial reporting making a linkage with the revision of the Corporate
Governance Code and Stewardship Code. (Z) Reporting by using integrity reports or sustainability reports (K, Z), dialogue with investors(Z), company initiatives to protect human rights should be disclosed under non-financial
reporting (voluntary framework) using integrity reports, etc. , rather than mandatory
reporting, since there are diversity within sectors in terms of efforts in place and priority set(reason: NAP should clarify that the non-financial reporting in human rights area is notmandatory). (Z) Non-financial reporting should not be linked with the Corporate Governance Code, which ispart of the rules for listing companies, nor with the Stewardship Code, which has been signed
by most institutional investors; explicit linkage between those codes and human rights due
diligence creates implication of mandatory due diligence, which makes those codes go
beyond the guidance function. (K)Therefore, as of now, the Stakeholder Common Request can be understood and described as follows:

The Government promotes the non-financial reporting on the implementation and theresult of human rights due diligence and other relevant initiatives to enhance the corporate
value and competitiveness of the enterprises making effort to address challenges among
business and human rights issues.

6Tentative translation by ILO Office for JapanThe original is in JapaneseSpecifically, the government formulates guidance on non-financial reporting (clarifying
the linkage with the METI’s Guidance for Collaborative Value Creation), establishes
consultation desks and portal sites, and offers guidance and good practices.
Mandatory reporting should be discussed continuously, including its validity andappropriateness, and the size of the enterprise shall be considered in that discussion.

7

Tentative translation by ILO Office for JapanThe original is in Japanese

B. Foreign workers
Common understandings: Foreign workers
Opinions of the stakeholders (Summary)[Background] Technical Intern Training Program: Labour laws are allegedly violated in more than 70% of
workplace (R), large amount of debts (C), restriction on freedom to choose own workplacehinders equal labour-management relations (B), the program is used mainly by SMEs. (C) Foreign workers in general: insufficient knowledge of labour laws (R), difficulties in
obtaining knowledge of social matters, language skills, access to remedy which leads
vulnerability in rights. (C) Justice system: There are doubts among international community about whether foreigners aretreated fairly. (Z)[Positioning in NAP]
 The issue of foreign workers should be stated within the topic of “equality under the law” inthe cross-cutting section (K, I, R), it should be treated as the issue of eliminating
discrimination in employment and occupation. (C) The topics of the NAP should include securing the rights of foreign workers (R), respect for
the rights of foreigners and other minorities, and responding to human rights issues. (B)[Law, system, awareness raising] There are diverse opinions regarding the technical intern training program: law enforcement
and institution should be strengthened (R, C); the purpose and employment placement
mechanism should be revised (S); the system should be entirely abolished (B); and the policy
accepting foreign workers should not rely on the program. (C) Technical Intern Training Program: Rigorous enforcement of the relevant laws andstrengthening of the institution that enables it (oversight of supervising organizations etc.)(K), bilateral government agreements should be prerequisite in accepting workers (B),awareness raising and support for SME employers which are called “implementing
organizations”. (K) Specified Skilled Workers: Rigorous enforcement of the relevant law and strengthening of theinstitution that enables it (K), guarantee of freedom to choose own workplace, elimination of
brokers, etc., and a system that considers human rights protection e.g. not forcing long-termfamily separation (B), awareness raising and support for companies, steady implementation ofthe "Comprehensive Measures for the Acceptance and Coexistence of Foreign Human
Resources"” etc. (K) Disseminate measures required under the Guideline concerning the Improvement of
Employment Management for foreign workers. (Omura, Advisory Committee)[Foreign workers in supply chains]
 Measures to prevent labour practices in supply chains that infringe the ILO's core labour
standards, e.g. forced labour (particularly institutions and initiatives related to supply chain
management), and fact-finding investigation. (B) Based on the government commitment to decent work, address the issue of migrant workers
in the overseas supply chain of Japanese companies. (I)[Equal treatment]
 Fundamental labour rights of foreign workers, secure working conditions such as wages
equivalent to those of Japanese workers (R), provided however, within the scope of activities
specified in the Immigration Control and Refugee Recognition Act. (K)[Access to remedy] Cooperate with the bar associations in relation with the consultation service for foreigners at
the Multi-cultural Coexistence General Consultation One-Stop Center. (B) Provide consultation and grievance in mother languages. (R)8Tentative translation by ILO Office for JapanThe original is in Japanese[Policy for Multicultural Coexistence] Steady implementation of Comprehensive Measures for the Acceptance and Coexistence ofForeign Human Resources (K) While taking into account the social costs of developing a policy environment, the policy
should be implemented with consensus among the national citizens (K, R)
Therefore, as of now, the Stakeholder Common Request can be understood and described as follows:

The Government, under the law, protects the human rights of all foreign workers,
including those relating to equality and labour. The Government will implement thefollowing policy measures in order to protect the rights of foreign workers in due
consideration of the reported cases of poor working conditions and violations of the rights
of foreign workers.
Technical Intern Training Program: In light of rigorous enforcement of theTechnical Intern Training Act, the Government increases investment in bothhuman and financial resource towards strengthening the overall function of theOrganization for Technical Intern Training, particularly the labour
inspectorate. The Government takes measures within bilateral government
agreements to eliminate obligations owed by workers that cause forced orcompulsory labour. In addition, the Government conducts awareness raisingand training to foreign technical interns, implementing organizations, and otheractors concerned, including the dissemination of measures in accordance withthe “Guideline concerning the Improvement of Employment Management”, andassistance will be provided to implementing organizations that are SMEs.

Specified Skilled Workers: In case of accepting foreign workers under theframework of the Specified Skills, the Government ensures rigorous
enforcement of applicable laws, increase in investment in both human andfinancial resource to fulfill the function of labour inspectorate, and guarantees
the freedom to choose own workplace. The Government takes measures withinbilateral government agreements to eliminate obligations owed by workers
causing forced or compulsory labour. It also conducts awareness raising andprovides assistance to related companies.



Other policy measures for the protection of the rights of foreigners: Promote
supply chain management, including human rights DD, in order to address thechallenges of foreign workers in domestic and overseas supply chains, especiallythose relating to fundamental principles and rights at work. In addition, theGovernment provides consultation service for foreign workers, which offers intheir mother language and cooperates with legal experts to improve accessibility
and resolve problems effectively.

To realize a society of harmonious coexistence, in which both Japanese andforeign nationals can respect each other, the Government promotes anddisseminates among society various measures such as support for foreign
nationals as living citizens as envisaged in “Comprehensive Measures for the
Acceptance and Coexistence of Foreign Human Resources”.

9Tentative translation by ILO Office for JapanThe original is in Japanese

C. Human rights due diligence and supply chains
Common understandings: Human rights due diligence and supply chains
Opinions of the stakeholders (Summary)[Current status]
 While some initiatives for human rights DD and CSR procurement are consistent with the UN
Guiding Principles, suppliers (Tier 2 or higher) are not sufficiently managed (G), Japanesecompanies have few opportunities to receive external requests (C), there is little knowledge
and experience in stock mainly in SMEs. (B) In supply chains, SMEs are disadvantaged (wage gaps with workers of large companies,
restriction on freedom to choose own workplace, lack of human resources, financial access).
(S) There are not a few cases in overseas supply chains that have problems, for example, insecuring sufficient working conditions for local workers, occupational safety and health, andchild labour; many have caused labour-management disputes. Rengo conducts activities suchas awareness raising and seminars for local workers and unions of Japanese MNEs overseas.
(R)[Object/naming] Although it is generally agreed that the term “supply chains” include global supply chains,there is a disagreement regarding whether it includes “value chains” (B, C) and “investment
chains”. (B)[Gap analysis as a prerequisite] As a prerequisite for government actions, compliance with domestic laws, treaties and othercommitments should be verified. (S, C)[Voluntariness of human rights DD or CSR procurement> There are diverse opinions regarding whether to obligate companies the human rights DD and
CSR procurement,: the decision on CSR procurement should be subject to legal judgments,for example "subject to the duty of care" (C); in order to attract institutional investors, humanrights DD should remain "request-basis" (consultation is required at the timing of
implementation and the size of the target company, etc.) (Z); they should be voluntary under
the leadership of top managements given that the human rights DD and CSR procurement cancontribute not only to mitigating the operational risks but also to enhancing corporate value
and competitiveness. (K)[Government's external relations – towards developing a level playing field>
 The Government should assume leadership to work with the governments of developing
countries and strengthen support for institutional development to address human rights issues
in those countries identified through the corporate human rights DD. (K), this is consistent
with the ILO MNE Declaration (Home-Host Dialogue, Paragraph 12). (I) Towards achieving fair competition and business relations, act toward the establishment of“East Asian Fair Competition Treaty” and an international organization for its
implementation. (S)[Promotion of the implementation, guidance, awareness raising] For the promotion of human rights DD and other efforts in supply chains, international ordomestic instruments should be based on or referred to: UN Guiding Principles; ILO MNE
Declaration; OECD Guidelines for Multinational Enterprises; OECD DD Guidance on
Responsible Business Conduct; JFBA Guidance for Human Rights DD; Keidanren Charter ofCorporate Behavior; Small and Medium Enterprise Charter; and International Labour
Conference Resolution 2016, Conclusion on Decent Work in Global Supply Chain.
 Provide government guidance, guidebook or guideline (G, B, I, C), measures or guidance onhigh risk sectors and specific topics such as child labor / forced labour / human trafficking /foreign workers (B, I,C), appropriate information (G), and certification mechanism. (C) Ensure collective labour rights and industrial relations, establish constructive industrial
relations through expanding the conclusion of international framework agreements that adhere

10Tentative translation by ILO Office for JapanThe original is in Japanese

to core labour standards and respect fundamental labour rights (R), promote dialogue between
companies and other stakeholders. (B)Recognize, support, and disseminate good practices among Japanese companies. (I)
Raise awareness of the basics of the Guiding Principles and Human Rights DD (K),disseminate information and raise awareness with linking to the Guidance for Collaborative
Value Creation. (G)[Achieving fair trade / support and remedy for SMEs]
 In order to remove the disadvantages suffered by SMEs, various measures to achieve fairtrade (e.g. strengthening the authority of the JFTC and strict enforcement of the AntitrustLaw) are needed (S), prevent adverse effect to the working environment of SMEs caused by acost burden shifted from large companies to SMEs. (B) An organization constitutes of SME-related organization to promote human rights DD (S), a
guidebook for SMEs (S), collection and publication of good practices among SMEs (S),provision of sufficient information and implementation guideline for SMEs to promote humanrights DD (G), training. (B)[Access to remedy]
 Establish a support system such as a public guideline for companies in setting up a grievancemechanism, a consultation desk, and referral of experts (B)Therefore, as of now, the Stakeholder Common Request can be understood and described as follows:

The Government implements the following policies to promote corporate human rights due
diligence based on the UN Guiding Principles and other initiatives to respect human rights
in both domestic and overseas supply chains (definition of “supply chains” should be
subject to review):


The Government develops practical and feasible guidelines on human rights DD
based on UNGP and OECD DD Guidance and provide tools to promote the use
thereof. Such guidelines should include the ones specialized in particular sector orindividual human rights issues (forced labour, child labor, trafficking in persons,etc.) that pose particularly high risks to human rights;

With a view to enhancing corporate competitiveness, the Government promotes
corporate initiatives to engage in dialogue with stakeholders, as a mutuallycomplementary initiative together with human rights DD. Specifically, assistanceshould be provided to enterprises by means of collecting and disseminating goodpractices in relation with the stakeholder dialogue. In the field of labour, guaranteeof core labour standards and collective labour rights is prerequisite. Good practices
are identified in line with the ILO MNE Declaration, and which include thoserelated to constructive industrial relations that address labour issues throughlabour-management dialogues, and practices where efforts are made to improve
working environment and address social issues through engagement andcollaboration with stakeholders;

The Government engages in effective dialogue with overseas countries and provide
necessary assistance for institutional development through bilateral or multilateral
cooperative frameworks between governments in order to address issues inoverseas countries identified through the corporate human rights DD;

In due consideration of the issues specific to SMEs, the Government develops a
guidebook for SMEs on human rights DD, collects and disseminates good practicesof SMEs, and provides sufficient information and necessary support for SMEs;



The Government establishes a consultation desk on human rights DD and supply
11

Tentative translation by ILO Office for JapanThe original is in Japanesechain initiatives as well as providing expert referral services. The Government
ensures policy coherence through cooperation between diplomatic missions andrelated ministries and agencies. The Government conducts awareness raising anddissemination of the ILO MNE Declaration and the OECD MNE Guidelines topromote corporate initiatives that are implemented in accordance with those
instruments.

12Tentative translation by ILO Office for JapanThe original is in Japanese

D. Public procurement
Common understandings: Public procurement
Opinions of the stakeholders (Summary)[Policy for public procurement in general] Enact a basic law on public procurement, ensure fair labour standards and compliance withand labour related laws, and fully apply social insurance for those working under public
contracts, promote diversity in employment including persons with disabilities, promotemunicipal ordinances on public contracts, etc.(R) Order in a reasonable price, minimum price system, securing minimum wage, promotion ofmunicipal ordinance on public contract, etc. for the purpose of preventing excessive cost
reduction in public contracts. (S) Ratify ILO Convention No. 94 (Labour Clauses (Public Contracts)) (R), highlight theimportance of ratification in NAP. (C) It is meaningful to show that the government is taking the initiative. (G, Z)[Incorporation of human rights standards in public procurement] There are diverse opinions; public procurement should incorporate standards in relation withhuman rights and environmental considerations (B) or labour provisions (I, R); and theincorporation should be based on a scoring system that evaluates positively the corporate
initiatives to respect for human rights while avoiding excessively positive scoring. (K) Requirements of public procurement: awarding requires the implementation of an impact
assessment processes such as OECD-DD Guidance (G), it should avoid inflexible
mechanisms such as exclusion from procurement by certification (K), compliance with WTO
agreements. (K) Evaluation criteria: introduction of a comprehensive evaluation method that also evaluatessocial value brought by the corporate efforts (R), a scoring system that positively evaluates
initiatives to respect human rights (while avoiding excessively positive scoring) (K).
 Ensure fairness and transparency of the procurement procedures and standard-setting process.
(K) Incorporate human rights standards in various aspects such as qualification for bid
participation, evaluation standards, and conditions for contract implementation, taking into
account the level of risk with regard to human rights abuses. (B)[Monitoring] Adoption of OECD DD Guidance and other impact assessment process by the government(G).
 Establish a national level check system for the procurement of raw materials from overseas
countries (K), set up a standard framework for checking the status of human rights in supply
chains (C), DD in supply chains should not impose excessive burden of confirmation thatmight not be feasible in practice or is unnecessarily complicated. (K) Public contracts should include the system to secure human rights protection and procedures
so that they can be monitored. (C)[Procurement standards that should be referenced]
 Tokyo 2020 Sustainable Procurement Code (K, B). However, the validity should be carefully
examined from various viewpoints including consistency with WTO rules. (K) NAP should include statements on public procurement which keeps the equivalent level of
those in other countries’ NAPs. (Z) US 2015 Amendments to Federal Acquisition Regulation, EU 2014 Public Procurement
Directives. (B)[SMEs]
 Local governments' priority order system for specified SMEs, registration system for small
businesses, consideration on SME’s contribution to local development or level of knowledge
about local matters in the process of Integrated Evaluation within the General Competitive
Bid System. (S)13

Tentative translation by ILO Office for JapanThe original is in Japanese

Expansion of support for SMEs. (C)[Capacity building / awareness raising] Enlightenment, training, etc. for government institutions as procurer-side. (K) Development and implementation of procurement standards should be used to the greatest
extent as an opportunity to raise awareness among administrative bodies, companies, citizens,consumers, etc. (K)[Grievance mechanism] Improve grievance mechanism for the cases of violations of public procurement standards.
(B)
Therefore, as of now, the Stakeholder Common Request can be understood and described as follows:

The Government fulfils its responsibility to protect human rights in relation with public
procurement and implements the following policies for public procurement in order topromote corporate initiatives to respect human rights:


The Government considers a scoring system that evaluates positively the corporate
initiatives to respect for human rights, in addition to the existing scoringmechanisms for promoting women’s participation and advancement in workplaceand efforts ensuring work-life balance;

The Government implements awareness raising and training for public officials
involved in public procurement;



The Government improves procedures of the existing grievance mechanism underpublic procurement system from the perspective of ensuring access to effective
remedy by people whose human rights are negatively affected; and

The Government provides necessary support for public procurement in local
governments to ensure that measures are taken in accordance with the spirit of theabove-mentioned policies by those local governments.

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Tentative translation by ILO Office for JapanThe original is in Japanese

E. Access to remedy
Common understandings: Access to remedy
Opinions of the stakeholders (Summary)[State-based judicial mechanisms]
 Consider measures to lower legal, practical and other barriers of accessibility and ensure theeffectiveness of the civil justice system and legal aid system. (B) Expand the coverage of the civil aid to victims residing overseas, and support forinterpretation and translation. (C) Provide backup to the activities, and enhance the capacity of the secretariats of the Labour
Relations Commission, improve strategies for human resources and operational procedures
related to the labour dispute adjudication proceedings etc. (R)[State-based non-judicial mechanisms: NCP]
 Support for conflict resolution and trust building:o Enhance the function of conflict resolution related to “business and human rights”. (G)o Ensure fairness and neutrality and secure supportive functions of conflict resolution
through dialogue by strengthening and facilitating collaboration among the three
ministries. (K)o Increase human and financial resources to play a sufficient role in an early settlementof labour-management disputes. (R)o Adequate protection of sensitive corporate information. (K)o Improve accountability, transparency and independency (C), disclose the result of
initial assessments, involvement of external stakeholders, expand human and financial
resources, power of investigation, and deal with cases where parties do not respond to
mediation. (C) Involvement of experts:
o Measures to appoint experts e.g. lawyers (B), involvement of experts in the NCP
Committee of Japan. (R) Improve accessibility:o Improve accessibility for victims of human rights abuses residing overseas. (B) Public relations activities:o Public relations activities related to NCP functions and processes, etc. (K)[State-based non-judicial mechanisms: other matters than NCP]
 Establish a national human rights institution in accordance with the Paris Principles. (B, C) Improve functions of contact points of the whistleblower protection mechanism, especially at
the municipal level. (R)[Non-state-based mechanisms]
 Introduce model business practices of SMEs or industry-level grievance mechanisms,
formulate guidelines (G), support industry associations for their efforts to develop grievancemechanisms, develop guidelines, provide information, technical support, etc. (B), support for
the efforts to develop mechanisms in collaboration with stakeholders. (C) Regarding discrimination and harassment in workplace, provide a remedy system by law,establish a committee for employment equality independent from the government, which
provide an access to remedy. (R)[Other matters related to access to remedy] Ensure accessibility in terms of making complaint (Z) and system usability (B, C), evaluate
existing state-based mechanism from the perspective of UN Guidance Principle 31. (C) Ratify the Optional Protocol or declare acceptance of individual complaints procedures
allowing individuals to bring a complaint in relation with each international human rights
treaty. (B) Enact comprehensive laws such as “Human Rights Remedy Law”. (R)Therefore, as of now, the Stakeholder Common Request can be understood and described as follows:15

Tentative translation by ILO Office for JapanThe original is in Japanese

The Government implements the following policies to ensure an easy access to effective
remedy by people whose human rights are negatively affected:
With regard to the NCP, the Government (i) strengthens and facilitates collaboration
among the three Ministries in charge, aiming at assisting the conflict resolution by
parties, (ii) guarantees fairness and neutrality of the system in order to ensure thetrust by all parties, and (iii) conducts public relations activities on NCP functions
and processes for the purpose of enhancing the awareness and understanding of thesystem.



The Government makes efforts to recognize and support, as necessary, private-sector
initiatives for grievance, such as industry-level grievance mechanisms.

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