NGOs' Comments to the Japanese NCP's Final Statement
on “Cirebon Coal-fired Power Plant Project- Unit 2” (Cirebon 2) in Indonesia
February 22, 2024
Wahana Lingkungan Hidup Indonesia (WALHI)
Friends of the Earth Japan(FoEJ)

WALHI and FoEJ, on behalf of the local community coalition, Rapel (Rakyat Penyelamat Lingkungan:People Environment Safer) Cirebon, filed a complaint (dated May 23, 2017) with the Japanese NCP against
Marubeni and JERA regarding the Cirebon Coal-fired Power Plant Project- Unit 2 (Cirebon 2) in Indonesia.
The Japanese NCP has recently issued a final statement on this case, dated February 13, 2024 1, which
includes the following description;“5. (10) In the preparation of this final statement, the Japanese NCP made the draft of it available
to the Complainants and the Enterprises Involved and requested for comments on this draft on 4January 2023. The Complainants and the Enterprises Involved submitted their comments to theJapanese NCP. The Japanese NCP considered their comments and finalised the statement.”
As mentioned above, we NGOs also submitted our comments (dated January 18, 2024) on the draft finalstatement of the Japanese NCP. However, our comments are not sufficiently reflected in the final
statement of the NCP, and we therefore publicly state our comments on the final statement as follows.
Japanese NCP’s final statement

WALHI and FoEJ’s comments

Page 1-2

In (4), it is stated that " the Japanese NCP does not

1. (4) According to the Guidelines, it is not required that

determine whether the enterprises’ activities are

the NCP determine whether the activities of enterprises

consistent with the Guidelines," but the NCP should

are consistent with the Guidelines or not. Therefore,at least revise its policy to state that "the Japanesethe Japanese NCP does not determine whether theNCP may, if relevant, determine whether theenterprises’ activities are consistent with theenterprises’ activities are consistent with theGuidelines. Moreover, regarding the assertions by eachGuidelines.”

party on the issues raised, the Japanese NCP does notmake factual findings or judgements on its legitimacy.

(Reason)

1. (5) The Japanese NCP may make recommendations

In (5), it is stated that " The Japanese NCP may makeon the implementation of the Guidelines and any

recommendations on the implementation of theobservations the Japanese NCP deems appropriate to

Guidelines…. if relevant." Thus, as a process toinclude on the reasons why the proceedings did not

determine whether there is a need to makeproduce an agreement, if relevant.

recommendations on the implementation of theGuidelines, it is necessary to determine whether tomake recommendations after understanding and1

https://www.mofa.go.jp/files/100620335.pdf

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examining the status of consistence with theGuidelines regarding the activities of the enterprises
involved.
Especially in cases like this where the party
receiving the bribe has already been convicted andthe involvement of the company in the bribery has
been publicly pointed out, and it is clear that thecompany's activities may not be consistent with theGuidelines, the Japanese NCP should actively makeclear recommendations on the implementation of
the Guidelines, regardless of whether or not there
is any complaint filed with respect to theGuidelines.
Page 6

The following four points should be stated in more

5. (7) the Complainants informed the Japanese NCP ofconcrete ways;

the local situation including the situation on the alleged(1) that at the May 2023 in-person meeting, thebribery and the conviction of the former Regent ofComplainants provided information on the status ofCirebon, through e-mails and at the occasion of an in-the ongoing trial regarding the bribery case andperson meeting held in May 2023.

requested the Japanese NCP to inquire about theviews of the Enterprises Involved regarding thebribery case;(2) whether or not the Japanese NCP inquired with
the Enterprises Involved about their views on thebribery case after the May 2023 in-person meeting. Ifyes, what was the result of the inquiry;(3) in an email dated August 19, 2023, FoE Japan
informed the Japanese NCP that on August 18, 2023,
the former Regent of Cirebon was convicted,
including the bribery case related to Cirebon 2, andrequested the Japanese NCP to consider taking
measures such as calling on the Enterprises Involved
to be accountable and to take appropriate actions inlight of the Guidelines "VII. Combating Bribery, Bribe
Solicitation and Extortion"; and(4) the content and results of the actions taken by
the Japanese NCP in response to the information
and request in the above point (3).
(Reason)
In 5. (5) and (6), the contents of the information
provided to the Japanese NCP by the Complainants,
as well as the Japanese NCP's response to suchinformation and the results of such response, are2

described; the same should be described for theperiod from May 2023 and onward.
Page 7

The term "continue to ensure the observance of the

6. (2) The Japanese NCP, noting that there is a

Guidelines" is inappropriate and should be replaced

difference of opinion between the Complainant and thewith "ensure the observance of the Guidelines."

Companies Involved, recommends that the Enterprises
Involved continue to ensure the observance of the(Reason)

Guidelines, and to engage with the local community

The term "continue to ensure the observance of theand residents, including the Complainants.

Guidelines " can be interpreted as arecommendation to ensure that the Enterprises
Involved continues to be consistent with theGuidelines, as if the Enterprises Involved are
currently consistent with the Guidelines. Therefore,
the words "continue to" should be deleted.

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