Statement from Civil Society
Regarding Japan’s National Action Plan
on Business and Human Rights

November 25, 2018
Civil Society Platform for Japan’s National Action Plan
on Business and Human Rights (BHR-NAP Platform)

Statement from Civil Society
Regarding Japan’s National Action Plan on Business and Human Rights
November 25, 2018
Civil Society Platform for Japan’s National Action Plan
on Business and Human Rights (BHR-NAP Platform)（INDEX）
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Introduction·······························································································2２Reflection on the formulation process of the NAP ···········································2

３Recommendations ······················································································4【Recommendations from civil society】①

People with disability ··············································································5②LGBT ····································································································5③Gender ··································································································5④Racial discrimination ···············································································6⑤Child labour ···························································································6⑥Business and child rights ·········································································6⑦Foreign workers ·····················································································6⑧Hate Speech ··························································································7【Remedy】⑨

Access to remedy (State based) ······························································7⑩Access to remedy (Non-State based) ·······················································7【Other issues】⑪

Procurement ··························································································8⑫Supply chain ··························································································8⑬Supply chain (Agriculture, forestry, and fisheries) ······································8⑭Small and medium-sized enterprises (SMEs) ·············································8Appendix‘To the Government of Japan: Regarding National Action Plan on Business andHuman Rights’ (May 16, 2017) ····································································91１Introduction
This statement outlines the views of civil society organisations regarding the National

Action Plan on Business and Human Rights (NAP) that the Government of Japan iscurrently formulating.
The UN Guiding Principles on Business and Human Rights (UNGPs), which all NAPs
should be based on, includes 3 pillars: the state duty to protect against human rights
abuses by businesses; the corporate responsibility to respect human rights; and access by
victims to an effective remedy. Civil society is recognised as having a crucial role inensuring that the voice of victims of human rights abuses is at the core of any NAP, and theimportance of engagement with civil society (as well as with other interested
stakeholders) is stressed repeatedly expressed in the NAP Guidance published by the UN
Working Group on Business and Human Rights (UNWG Guidance).
After announcing at the UN Forum on Business and Human Rights in November 2016that it would prepare a NAP, the Japanese government organised a series of meetingsfrom March to August 2018, to exchange views with invited stakeholders as part of abaseline study on business and human rights. As of November 2018, 10 such meetings
have been held. The Civil Society Platform for Japan’s National Action Plan on Businessand Human Rights (BHR-NAP Platform) has participated in these meetings, together withother stakeholder organisations, in order to present the views of civil society on a wide
variety of business and human rights issues.
In this statement, we reiterate our views on those issues, and call on the government toensure our views are incorporated into the NAP.
２

Reflection on the formulation process of the NAP
In May 2017, we published a statement urging the Japanese government to ensure that

the NAP formulation process is based on the UNWG Guidance, in particular that the
government should:Base the NAP on the UNGPs;

Ensure inclusiveness and transparency in the formulation process;

Have meaningful dialogues with non-governmental stakeholders;

Conduct a meaningful baseline study should be conducted;



Identify in an exhaustive manner potential and ongoing adverse human rights
impacts;

Express a strong commitment to address adverse human rights impacts; andTake full account of the views of vulnerable and/or marginalised individuals andgroups on the basis of the principles of non-discrimination and equality.
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BHR-NAP Platform remains gravely concerned that these calls were not heeded by theJapanese government. The meetings held by the government did not have the level oftransparency or inclusiveness required to be called a true multi-stakeholder consultation.
In addition, though we recognise some efforts on the part of the government, the settingof topics for the meetings were done by the government in a unilateral matter, and failed
to adequately address the broad range of adverse human rights impacts by businesses.
We trust that the government shares the view expressed in our May 2017 statementthat ‘every human person must be protected from human rights abuses by third parties
including business’. In this light, we urge the government once again to take the following
actions, in accordance with the NAP Guidance.
• Ensure that the NAP is properly founded on the UNGPs;• Ensure inclusiveness and transparency on the formulation process of the NAP;1 and• Ensure meaningful engagement with interested stakeholders, including civil society
organisations, with regard to the setting of topics for discussion, the roadmap of the
NAP process, and the actual preparation of drafts, and in particular to take into
account the following topics for consultations:① Labour rights issues, including long working hours and harassment at theworkplace;② Discrimination in employment (including in the recruitment process) andoccupation, including discrimination on the basis of nationality and discrimination
against the burakumin.
③ Issue concerning the rights of consumers, including product safety, privacy rights,
discrimination against foreign nationals e.g. in the renting of properties, hatespeech and other human rights abuses on the internet, so called ‘fake news’, andsexual exploitation of youths;④ Adverse impacts on local communities caused by official development projects
and private investment, such as land grab and environmental pollution caused by
nuclear accidents or other industrial disasters;⑤ Issue in conflict areas including conflict minerals, arms development, and arms
exports.
• Make a strong, public commitment to allocate sufficient resources in formulating the
NAP, ensuring policy consistency through all relevant ministries, agencies, and local
governments.

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The NAP Guidance states ‘Inclusiveness and transparency NAP processes, including NAP development,
monitoring and update must be both inclusive and transparent and take the views and needs ofindividuals or groups who may be impacted and other relevant stakeholders into account. This is central
to a rights-compatible approach and the degree to which relevant stakeholders participate in the NAP
process will determine, amongst other things, the legitimacy and effectiveness of a NAP.’.

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３

Recommendations
Modern business activities impact all aspects of everyday life, ranging from labour toconsumption. These impacts are far-reaching and are international, meaning that thescope of the UNGPs, which call on businesses to address adverse impacts on human rights
caused by their business activities, covers a wide range of issues.
As noted above, the topics to be discussed in the meetings were set unilaterally by thegovernment. Without a process of identifying potential and ongoing adverse impacts in
consultation with stakeholders, as required by the NAP Guidance, the NAP process can beneither legitimate nor effective. As a first step in the process, the views of as many
relevant stakeholders as possible should be taken into account, so as to ensure acomprehensive understanding of the current situation.
The following recommendations are not exhaustive: they are presented on somerelevant and important areas that were not covered in the meetings organised by thegovernment. So as to be comprehensive, the NAP process must be opened to society atlarge, based on the recognition that the process is an open ended one, in that the NAP
should be regularly reviewed and updated after its formulation.
（Topics in ‘exchange of views’ meetings and issues in this statement ）Topics in meetings
Issues in this statementst〔1 Meeting〕Procurement⑪Procurement①People with disabilitynd②LGBT〔2 Meeting〕Equality before the law（Persons with disability, LGBT, Women ）③Gender④Racial discriminationrd⑤Child labour〔3 Meeting〕Labour（Child labour, Foreign workers including technical trainees） ⑦Foreign workers⑨Access to remedy（State based）〔4th Meeting〕Access to remedy⑩ Access to remedy （ Non- State
based）th〔5 Meeting 〕Human rights in international―
agreements.
⑫Supply chain⑬Supply chain〔7th・8th・9th Meeting〕Supply chain・ SMEs
(Agriculture, forestry, fisheries)⑭SMEs―⑥Business and child rights―⑧Hate speech
2 Reflection on the formulation
General remarks
process of the NAP

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① People with disability
 Establish an effective domestic monitoring mechanism in accordance to theConvention on the Rights of Persons with Disabilities, in light of the lack of adequate
legal frameworks at the national and local levels to protect people with disabilities,
and of remedy measures for human rights abuses;
 Ensure inclusiveness by ensuring that people with disabilities are able to access the
NAP process and have meaningful opportunities to express their views.
（Japan National Assembly of Disabled Peoples’ International〔DPI-Japan〕）② LGBT State clearly the need for legislation to prohibit discrimination based on sexual
orientation and gender identity, that would also impose a duty on businesses to takeharassment prevention measures and reasonable accommodations measures.
Necessary provisions should be made for governmental structures at all levels tooversee implementation of these legal obligations; Formulate guidelines in the above mentioned areas, including employment.
（Japan Alliance for Legislation to Remove Social Barriers based on Sexual
Orientation and Gender Identity〔Japan Alliance for LGBT Legislation〕）③ Gender State clearly the need for the following:• Ratify the Convention concerning Discrimination in Respect of Employment andOccupation (ILO Convention No.111), the Convention concerning Part-Time Work(ILO Convention No.175), and the Convention concerning Decent Work for
Domestic Workers (ILO Convention No.189);• Ensure the integration of a gender perspective into all areas, as stated in the
UNWG NAP Guidance;• Ensure the integration of a gender perspective into the operation of the OECD
National Contact Point (NCP);• Mandate trainings for sexual harassment prevention;• Strengthen legal and institutional support to rectify long working hours, which
remains the greatest barrier for work-life balance;• Correct the underestimation of carework, to promote an equitable sharing ofhousehold duties between men and women;• Provide support for gender and sexual diversity in the workplace.
（Asia-Pacific Human Rights Information Center〔Hurights Osaka〕）

5④ Racial discrimination
 State clearly the need for legislation to prohibit discrimination against foreign
nationals, indigenous peoples including the Ainu, and the burakumin, including in
recruitment, the renting of properties, and all other business activities.
（Human Rights Now）

⑤ Child labour State clearly the need for legislation to encourage businesses to conduct human rights
due diligence, including in their supply chains;
 State clearly the need for basic legislation on environmentally and socially responsible
procurement; Make a strong, public commitment to address the child labour issue within Japan,
including research and investigations and concrete measures in this area.
（Child Labour Network〔CL-Net〕）⑥ Business and child rights
 With reference to ‘Children's Rights and Business Principles’ and ‘General comment
No. 16 on State obligations regarding the impacts of the business sector on children’s
rights’, conduct, as part of the NAP formulation process, an analysis on adverse
impacts on children by business activities, as well as a gap analysis on the current
situation and policy framework; State clearly the need for due diligence on children’s rights in business activities, ofdeveloping a legal and institutional framework to protect and respect children’s rights,
and of greater access to remedy for socially vulnerable peoples, including children.
（Save the Children Japan）⑦ Foreign workers
 Establish a policy for foreign labour without relying on the technical intern training
programme, in light of the vulnerability of technical intern trainees to serious humanrights abuses, resulting mainly from not having the freedom to change their place of
employment and from often being saddled with a large amount of debt;
 Strengthen the Organsation for Technical Intern Training (OTIT), so as to protect
trainees from human rights abuses and ensure meaningful access to a remedy; State clearly the need for all companies to be aware of technical intern trainees andforeign workers within their supply chain, and support measures to prevent adverse
human rights impacts.
（The Japan Civil Liberties Union〔JCLU〕）
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⑧ Hate speech State clearly the need for ongoing research into the situation of hate speech, including
online; Take measures against online hate speech, including through calling on businesses toimmediately delete hate speech on a voluntary basis, and the establishment of aplatform comprised of the government, industrial associations, and victims of hatespeech.
（Human Rights Now）
⑨ Access to remedy (State based) Evaluate existing judicial remedies and their effectiveness against Principle 31 of the
UNGPs;
 Lower the barrier to judicial remedies for victims by expanding the scope of civil legal
aid to include victims who live outside of Japan. Civil legal aid should also be
strengthened through the provision of multi-lingual support, including interpretationand translation;
 Include the establishment of national human rights institutions in compliance with theParis Principles; State clearly the need for reviewing the role and processes of the NCP, so that it canfunction as an effective tool for complaints;
 Improve the accountability, transparency, and independence of the NCP.
（Friends of the Earth Japan）（Human Rights Now）

⑩ Access to remedy (non-State based) Based on the recognition that non-State based grievance mechanisms by businesses
are supplemental to State based judicial and non-judicial grievance mechanisms,
include prompt actions to construct a State based grievance mechanism; In addition to the above, coordinate State based and non-State based grievancemechanisms to find and correct serious human rights abuses at an early stage,
especially in cases involving products and services by Japanese businesses;
 Provide governmental support to businesses to construct a non-State based
mechanism in collaboration with relevant stakeholders whose human rights are
actually and potentially at risk.
（Amnesty International Japan）

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⑪ Procurement
 Include a procurement policy in accordance with the UNGPs；
 Recognise the importance of ratifiying the Convention concerning Labour Clauses in
Public Contracts (ILO No.94), and of the development of a framework to review thesituation of human rights and labour within the supply chains of companies; Add clauses to contracts using public funds to ensure measures and procedures forthe protection of human rights, and to establish monitoring mechanisms;
 Expand support for suppliers, in particular SMEs, to respect human rights.
（CSO Network Japan）⑫ Supply chain
 Support businesses by providing guidance and tools to ensure that human rights arerespected in their supply chains; Consider a measure to require businesses to address human rights issues in their
supply chains through, for example, including a legally binding requirement of duty ofcare.
（The Global Alliance for Sustainable Supply Chain〔ASSC〕）⑬ Supply chain (Agriculture, forestry and fisheries) In light of the the high frequency of labour related human rights abuses in labour
intensive industries such as agriculture, forestry, and fisheries, and also in light of thefact that informal sectors account for a significant proportion of production in somecountries, promote human rights due diligence through the strengthening of
regulations, including imposing a duty of disclosure and the introduction ofcertification schemes.
（Japan NGO Center for International Cooperation〔JANIC〕）⑭ Small and medium sized enterprises (SMEs)
 Ensure that the views of SMEs are reflected in the NAP formulation process, including
through a study of the current situation of human rights within SME business
operations; Support SMEs in respecting human rights, in line with existing policy frameworks;
 Commit to policy consistency, including, in particular, a common understanding of therequirements of international human rights standards, amongst relevant ministries,
agencies, and local governments responsible for supporting SMEs.
（Asia-Pacific Human Rights Information Center〔Hurights Osaka〕）

8Appendix‘To the Government of Japan: Regarding National Action Plan on Business andHuman Rights’ (May 16, 2017)

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 Plan
on Business and Human Rights (BHR-NAP Platform)
The UN Guiding Principles on Business and Human Rights (UNGPs) were endorsed by the UN Human
Rights Council in 2011. In accordance with the UNGPs, the UN Working Group on Business andHuman Rights (UNWG), along with other stakeholders, 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 ongoing serious humanrights violations involving businesses around the world, we, the undersigned representatives of civilsociety, have continued to call on the Government 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 thatJapan 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 the Government 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 Businessand 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 and transparent
process; and 4) be regularly reviewed and updated. The NAP Guidance is based on therecognition that there is no ‘one-size-fits-all’ approach to developing NAPs.
We emphasise the importance of fully meeting these criteria, and note that the NAP
Guidance states: "Non-Governmental stakeholders should call upon their
Governments to develop NAPs along this guidance and hold them accountable forunjustified deviations from the UNWG recommendations outlined". We share theshared vision enumerated by the Government that “every human person must be freefrom human rights violations”.

9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 the UNGPs into
existing government policies strategies, through the NAP.
3. Ensure that all sections of the Government are aware of Japan’s international humanrights obligations.
The NAP Guidance explicitly states that “awareness of and knowledge about businessand human rights issues should be strengthened among representatives of relevant
government departments and agencies” through a NAP process. We consider that thisis 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 isessential for the effectiveness and legitimacy of a NAP". It requests Governments tocreate a format for cross-departmental collaboration and to be engaged with relevantinterested stakeholders at each stage of a NAP process, so it can: 1) identify adverse
corporate-related human rights impacts; 2) identify gaps in State and business
implementation of the UNGPs; 3) consult on the priorities and concrete actions to be
included in the NAP; 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 the
UNWG.
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 and external 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 the entire
value chain of corporations, including the supply chain, and create an exhaustive list10

of human rights issues. This includes negative human rights impacts both inside andoutside Japan, negative human rights impacts involving companies incorporated inJapan, 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 be examined.
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 future commitments
to address adverse human rights impacts are included in the NAP. In addition, Annex
III sets out a non-exhaustive list of measures that Governments should consider intheir response to the first pillar and the third pillar of the UNGP. The Japanese
Government should commit to measures to address adverse human rights impacts,with full reference to international human rights 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, basedon the principles of non-discrimination and equality.
Vulnerable or marginalized individuals and groups are more likely to be subject tonegative human rights impacts, and particular attention should be given to their views
and situations. The NAP Guidance mentions "Effective implementation of the UNGPs
requires equality and non-discrimination regardless of gender, age, ethnicity, sexual
orientation, economic situation, or social status". We put emphasis on the importanceof involving such peoples' views in the NAP process.

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