Japan
Japan launched its first NAP on 16 October 2020.
Available NAPs
Japan: 1st NAP (2020-2025)
Status
On 16 October 2020 the Inter-Ministerial Committee for Japan’s National Action Plan (NAP) on Business and Human Rights launched the NAP.
The NAP is available in Japanese and in English.
Process
At the 5th UN Annual Forum on Business and Human Rights held in 2016, Ambassador Mitsuko Shino of the Permanent Mission of Japan to the International Organizations in Geneva, officially announced Japan’s intention to develop a National Action Plan on Business and Human Rights (NAP).
In her statement, Ambassador Shino stated that Japan plans “to formulate our National Action Plan in the coming years, and [has] started preliminary discussion among relevant ministries, including the Ministry of Foreign Affairs, the 
This intention was further reiterated in Japan’s SDGs Implementation Guiding Principles, released on 22 December 2016, where the government committed to developing a NAP following the UN Human Rights Council Resolution 17/4 and the recommendations by a working group established by the resolution.
At the 7th UN Annual Forum on Business and Human Rights held in 2018, H.E. Ambassador Ken Okaniwa of the Permanent Mission of Japan reiterated Japan’s commitment to formulating a NAP. In his statement, Ambassador Okaniwa emphasized the importance of the NAP by mentioning its incorporation into Japan’s “Expanded SDGs Action Plan 2018” and into the Cabinet-approved “Growth Strategy 2018”. Ambassador Okaniwa also highlighted that Japan’s “initiatives for the Olympic and Paralympic Games Tokyo 2020 could have a positive impact on the advancement of this NAP development.”
In Japan, the process of developing an inaugural NAP was led by an Inter-Ministerial Committee. This was done through two-tiered system consisting of a working and an advisory committee. The working committee consisted of an inter-departmental government-led group and the advisory committee joined representatives of civil society, industry federations, small and medium-sized enterprises representatives, consumer organisations, trade unions, academia, and international organisations.
At the initial phase of the NAP formulation process, the Government of Japan has initiated its own version of a baseline assessment (with the aim of assessing the extent to which the current legal framework or relevant policies provide safeguards against business-related human rights abuse). Since March 2018, a total of ten consultation meetings were held with multi-stakeholders including line ministries and agencies, the Japanese Trade Union Confederation, the Japan Federation of Bar Association, civil society, academia, and the Japan Business Federation. The multi-stakeholder consultations covered various topics such as public procurement, human rights in international agreements, supply chains, access to remedy, as well as SMEs which generate approximately 70% of all employment in Japan. In December 2018 the Japanese Government published a provisional translation of ‘The Report of the Baseline Study on Businss and Human Rights‘.
On 16 October 2020 the Inter-Ministerial Committee for Japan’s National Action Plan (NAP) on Business and Human Rights launched the NAP.
Anita Ramassastry, a member of the UN Working Group on Business and Human Rights, spoke on the occasion of the launch of the NAP:
Stakeholder Participation
First, the Japanese government began to take concrete steps to develop a NAP with the Baseline Study Opinion Exchange on Business and Human Rights, which began in March 2018. The “Baseline Study” is said to be part of the “Opinion Exchange Meeting” as a precondition for the development of the NAP, “to review the current status of Japan’s legal system and initiatives regarding the protection of human rights in business activities” (Ministry of Foreign Affairs website).
The “Opinion Exchange” was held 10 times between March and August 2018 with the participation of relevant stakeholders and government ministries, including Nippon Keidanren (the largest business association), Japan Trade Union Confederation, Global Compact Network Japan, Japan Federation of Bar Associations, and the Business and Human Rights NAP Civil Society Platform. For each exchange, a specific theme was set up and the attendee discussed over it.
The drafting process was proceeded with consultations with the Working Group and the Advisory Committee. One CSO member joined each meeting, but these meetings were limited for the members, and not open for public. Other CSOs engaged in the process by submitting public comments as well as shared their views with members of the Working Group and Advisory Committee when CSOs had the meeting on the NAP.
Stakeholders feel that CSO engagement was not broad enough (see views detailed below).
National Baseline Assessment (NBA)
• Published in December 2018 and available here.
• Commissioned by the State to inform the development of an inaugural BHR NAP, which was published in October 2020.
• Conducted by the State.
• Follows its own methodology based on a desk review conducted by all relevant line ministries and agencies, and multi-stakeholder consultations. Contains recommendations.
The NBA provides only a partial overview of the legal and policy landscape. It does not address the implementation, or identify gaps in policy or practice, which was criticised by CSOs.
Follow-up, monitoring, reporting and review
- The period of the action plan is five years, from FY2020 to FY2025.
- An Inter-Ministerial Committee will be established following the launch of the NAP, and ministries and agencies will implement relevant measures.
- The status of implementation of the action plan will be confirmed annually at the Inter-Ministerial Committee. When confirming the implementation status, efforts will be made to use objective indicators to the greatest extent possible, including the use of existing evaluation indicators in related government agencies. In addition to the measures in the action plan, new measures, if any, will be included.
- In the first year, the Inter-Ministerial Committee will discuss the following points. For this purpose, the Inter-Ministerial Committee will start its work promptly after the formulation of the action plan.
(1) Consideration of work methods for effective and sustainable follow-up, including discussion of what is appropriate as an evaluation indicator.
(2) Ensure that the implementation of the action plan, in particular the dissemination of the plan of action to companies referred to in Chapter 2.2(.3) and the provision of information, will actually lead to the adoption of human rights due diligence in companies, as expressed in Chapter 3, by providing companies with relevant information (e.g., successful and problematic cases).
(3) The committee will work with business organizations to determine whether or not they want to have the necessary work items, etc.
(4) As a result of the implementation of the action plan, the government will consider interviewing companies in cooperation with business organizations, etc., in order to confirm the progress of human rights deductions in the companies. - The Inter-Ministerial Committee, three years after the announcement of the action plan, we will exchange views on relevant international trends and the status of the efforts of Japanese companies.
- In preparation for the revision of the action plan five years after the announcement of the action plan, the Inter-Ministerial Committee will start work on the revision of the action plan, taking into account the opinions of stakeholders, by approximately four years after the announcement.
- In advancing the above-mentioned measures, a mechanism should be established to facilitate continuous dialogue (including opportunities to confirm the implementation status of the action plan) based on a relationship of trust between the ministries and agencies concerned and stakeholders, promptly after the action plan is formulated. An outline of the opinion exchange with the stakeholders will be made public
Japan reported to the HLPF on the adoption of its first NAP in 2021. The review explicitly linked the Japanese NAP to the SDGs, stating that “the protection and promotion of human rights has been positioned as an important element in achieving the SDGs”. Furthermore, it highlighted the role of policy coherence for implementing the NAP.
Stakeholders views and analysis on the NAP
CSOs feel that there was only limited opportunities to engage with the government during the NAP development process and make their voices heard.
CSOs have praised the ministry of foreign affairs (MFA) for leading the process, involving other ministries, and being open during meetings, but have criticised other ministries for not actively engaging at the events they attended, and criticised the MFA for not actively involving victims of business-related human rights abuses.
All stakeholders regardless of their original background could reach an agreement on submitting the letters of request based on common interests to the MFA to emphasise the minimum requests of all stakeholders.
1. 1st letter
2. 2nd letter
In October 2020, Japanese civil society organisations commended “the Japanese government, which has worked hard to coordinate a new issue, “business and human rights”, since announcing its formulation in the fall of 2016.
At the same time, the announced NAP is still inadequate and must overcome a multitude of issues.”
In November 2020, Stakeholders of Japan’s National Action Plan on Business and Human Rights issued Joint Comments following dialogue facilitated by the ILO.
In Japan, since SDGs and ESG have become widespread not only among the private sector but also other sectors such as the public sector and CSOs, the development process and resulting NAP has made it hard for them to coherently connect the UNGPs to other more popular frameworks addressing responsible business conduct.
Children’s rights
Chapter 2. Action Plan
2.Areas of the NAP
(1) Cross-cutting areas
A. Labour (Promotion of Decent Work)
(Existing framework/Measures taken）
As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: … (3) the effective abolition of child labour;
B. Promotion and Protection of Children’s Rights
(Existing framework/Measures taken）
As measures that have already been conducted, the Government has supported initiatives in the area of education that leads to eradication of child labour and measures against trafficking in persons by contributing to the UN Trust Fund for Human Security and international organizations. In addition, the Government has supported initiatives to enhance measures against trafficking in persons and protection of such victims mainly in Southeast Asian countries, through technical cooperation by JICA (Japan International Cooperation Agency) and contributions to various UN agencies. Furthermore, the Government has been making contributions to and participating in the Asia-Pacific regional framework, the “Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime” (hereinafter referred to as the Bali Process). The Government has also taken part in the WePROTECT Global Alliance to End Child Sexual Exploitation Online. Moreover, the Government reaffirmed the G20 commitment to eradicate child labour and various forms of modern slavery in the G20 Osaka Leaders’ Declaration and the G20 Labour and Employment Ministers’ Declaration, both compiled by Japan as the chair. For these initiatives, sufficient attention has been paid to gender perspectives considering that a large number of the victims involved are women and girls.
At national level, the Government has started to formulate a national action plan to end violence against children jointly with civil society and businesses, as a pathfinding country for the Global Partnership to End Violence Against Children (GPeVAC). The action plan is being drafted through respecting the opinions of children obtained through an online survey called “Comments from Children.” In addition, relevant ministries and agencies cooperate to develop a better Internet use environment for young people through means such as the enhancement of initiatives concerning protection of young people, including filtering, in accordance with the Act on Development of an Environment that Provides Safe and Secure Internet Use for Young People (Act No. 79 of 2008, hereinafter referred to as the “Act on Development of Internet Use Environment for Young People”) as well as the Basic Plan. Furthermore, the Government works on the eradication of child sexual exploitation such as child prostitution or the production of child pornography, in accordance with the Basic Plan on Measures against Child Sexual Exploitation with a view to eliminating such abuse by the Tokyo 2020 Games.
(Future measures planned)
(a）Contribute to international efforts to eliminate child labour, including trafficking in persons and sexual exploitation
- Continue to make efforts to reinforce measures against trafficking in persons and the protection of victims with gender perspectives through technical cooperation by JICA (Japan International Cooperation Agency) and financial contributions to various UN agencies, in cooperation with the international community, including contribution to and participation in the Bali Process. [Ministry of Foreign Affairs]
- Continue to support efforts for eradicating child labour through financial contributions to international organizations. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare]
(b) Raise awareness about child prostitution through compliance with the Travel Agency Act
- Continue to engage in awareness-raising activities concerning child prostitution through compliance with the Travel Agency Act (Act No. 239 of 1952), and on-site inspections based on the Travel Agency Act to prevent travel agencies from being involved in organizing inappropriate tours such as those with the intention of child prostitution. [Japan Tourism Agency]
(c) Continue initiatives through the Global Partnership to End Violence Against Children
- Engage in ending violence, including sexual exploitation, against children in Japan through steady implementation of the National Action Plan to End Violence against Children. [Cabinet Office, National Police Agency, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Education, Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare]
- Promote initiatives to end violence against children overseas through engagement in the humanitarian window of the Fund to End Violence against Children. [Ministry of Foreign Affairs]
(d）Cooperate with relevant industries and organizations to disseminate and raise awareness on the Children’s Rights in Sport Principles
- Cooperate in disseminating the objectives of the principles at international conferences, and in disseminating and raising awareness of the objectives to local governments, schools and sports organizations. [Japan Sports Agency, Ministry of Foreign Affairs]
(e) Cooperate to disseminate the Children’s Rights and Business Principles
- Cooperate in disseminating the objectives of the principles to relevant organizations. [Cabinet Office, Ministry of Foreign Affairs]
(f ）Steadily implement measures for developing an environment that provides safe and secure Internet use for young people
- Continue to engage in fostering an environment that provides safe and secure Internet use in accordance with the Act on Establishment of an Enhanced Environment for Youth’s Safe and Secure Internet Use and the Basic Plan on Measures for Providing Safe and Secure Internet Use for Young People. [Cabinet Office]
(g) Steadily implement measures based on the Basic Plan on Measures against Child Sexual Exploitation
- Continue to engage in the following: enhancement of public awareness, development of social awareness, and collaboration with the international community; support of children and families to ensure the growth of children without victimization; promotion of measures to prevent the occurrence and spread of victimization that focuses on tools; prompt protection of child victims and appropriate support; strengthening of crackdowns and the rehabilitation of offenders; and strengthening of the foundation for realizing a society where children will never become victims. [Cabinet Office, National Police Agency, Ministry of Internal Affairs and Communications, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Education, Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]
D. Rights and Roles of Consumers
(Existing framework/Measures taken）
Goal 12 of the SDGs is to “ensure sustainable consumption and production patterns.” Accordingly, the creation of sustainable economies and societies requires action by consumers alongside businesses and governments. The Government works on realizing the rights of consumers in accordance with the Basic Consumer Act (Act No. 78 of 1968) that sets forth the responsibilities of the government, local governments, and businesses for the protection and promotion of consumers’ interests. Ethical consumption is the concept of consuming in a way that is considerate of people, society, and the environment, while incorporating the perspectives of regional revitalization and employment. In raising awareness on ethical consumption, explanations on social problems such as child labour and environmental issues are provided at workshops for children and using educational tools (leaflets, posters, and video) to introduce people to a manner of consuming that could lead to the resolution of such problems.
Conflict-affected areas
‘Japan’s NAP does not explicitly address this issue’
Construction sector
Chapter 2. Action Plan
2. Areas of the NAP
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
A. Public Procurement
(Existing framework/Measures taken）
…, the revision of the Act on Promoting Quality Assurance in Public Works (Act No. 18 of 2005) in 2019 set forth the obligations of the commissioning entity, such as setting appropriate periods for construction projects and ensuring that they are allocated evenly throughout the year as opposed to being concentrated in the same period. The revision also included a new requirement for a wide range of surveys regarding public works to be carried out. In addition to this, the Construction Business Act (Act No. 100 of 1949) and the Act for Promoting Proper Tendering and Contracting for Public Works (Act No. 127 of 2000) were revised in 2019 to promote work style reform in the construction industry, including redressing long working hours (e.g. appropriate construction period) and improvement of treatment of workers at construction sites.
(Future measures planned）
Thoroughly implement procurement rules relevant to business and human rights, including grievance procedures (initiatives based on Act on Priority Procurement Promotion for Persons with Disabilities, initiatives related to public procurement based on Article 24 of the Women’s Participation Act, and initiatives concerning exclusion of organized crime groups)
(…)
- Continue to promote measures to exclude organized crime groups from public works, etc in accordance with the Initiative on Exclusion of Organized Crime Groups from Public Works, etc. (Agreement by the Working Team on Comprehensive Measures, Including the Control of Organized Crime Groups dated December 4, 2009). [All Ministries]
(…)
- Continue to promote work style reform in the construction industry to deepen understanding of the purpose of the Act on Promoting Quality Assurance in Public Works, Construction Business Act, the Act for Promoting Proper Tendering and Contracting for Public Works, and the guidelines for these acts. [Ministry of Land, Infrastructure, Transport and Tourism]
Corporate law & corporate governance
Chapter 2. Action Plan
2. Areas of the NAP
(3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Existing framework/Measures taken）
Japan’s Stewardship Code and Corporate Governance Code refer to grasping the status of investee companies and corporate information disclosure to promote sustainability initiatives, including elements of ESG issues. In addition, the Stewardship Code, which was revised again in March 2020 also includes reference to consideration on sustainability when holding dialogue between institutional investors and investee companies. Furthermore, the Guidance for Collaborative Value Creation was published as a guideline for dialogue and disclosure on voluntary and proactive initiatives of companies on non-financial information, including ESG factors.
Corruption
Chapter 2. Action Plan
2. Areas of the NAP
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
A. Public Procurement
(Future measures planned）
(…)
- Continue to promote measures to exclude organized crime groups from public works, etc in accordance with the Initiative on Exclusion of Organized Crime Groups from Public Works, etc. (Agreement by the Working Team on Comprehensive Measures, Including the Control of Organized Crime Groups dated December 4, 2009). [All Ministries]
Data protection & privacy
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
C. Human Rights Associated with the Development of New Technologies
(Existing framework/Measures taken ）
As measures that have already been conducted, when consulted about the information on human rights violations, such as defamation and privacy infringement on the Internet, the Government has advised victims on the methods for requesting the disclosure of the sender’s information and the deletion of the information by providers. In case the victims find it difficult to recover from the damage caused by abusive content, efforts are made to remedy the damage by requesting providers to delete such abusive information. With respect to these initiatives, sufficient attention is paid to take into account gender equality perspectives as well as diversity and inclusiveness.
(Future measures planned）
(a) Address online defamation and privacy infringement, including hate speech
- Continue efforts such as requesting providers to delete abusive information in case human rights violations, including defamation and privacy infringement on the Internet, are observed. [Ministry of Internal Affairs and Communications, Ministry of Justice]
(…)
(c) Promote discussion on the use of AI from the perspective of protection of privacy
- Continue efforts to promote discussion regarding the use of AI and privacy protection at international conferences and other occasions. [Personal Information Protection Commission; Ministry of Economy, Trade and Industry]
Development finance institutions
Chapter 2. Action Plan
2. Areas of the NAP
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
B. Development Cooperation and Development Finance
(Existing framework/Measures taken）
The Development Cooperation Charter adopted by the Cabinet in 2015 promotes human security, including fundamental human rights, as one of the basic policies for development cooperation. In addition, the Charter requires that sufficient attention is being paid to the protection of fundamental human rights in recipient countries to ensure the appropriateness of development cooperation, and that efforts are being made to ensure appropriate operation. When engaging in development cooperation projects, internationally established human rights standards, including the international human rights treaties, have been respected. Particular attention has been paid to human rights of socially vulnerable groups, such as women, indigenous people, persons with disabilities, and minorities. Nevertheless, further efforts are required in this regard.
JICA (Japan International Cooperation Agency), JBIC (Japan Bank for International Cooperation) and NEXI (Nippon Export and Investment Insurance) have introduced guidelines for environmental and social considerations. Along with them, necessary information disclosure procedures and related grievance procedures have been introduced to consider the impact of projects on human rights, the environment, and society. As a contract requirement, the Standard Instruction to Bidders and Form of Bid used for JICA’s Official Development Assistance (ODA) Loans and Grants contains a contract clause to comply with labour related laws and regulations of the recipient countries that include respect for human rights.
The JBIC Guidelines for Confirmation of Environmental and Social Considerations examine not only the impact of JBIC projects on human health, safety, and the natural environment but also social concerns, including respect for human rights as environmental and social considerations required for the projects. JBIC has been encouraging borrowers and related parties to take into account environmental and social considerations through loan agreements as necessary.
(Future measures planned)
Implement effective measures regarding environmental and social consideration in the fields of development cooperation and development financing
- JICA (Japan International Cooperation Agency) has established the Guidelines for Environmental and Social Considerations. It intends to continue to respect internationally recognized human rights and environmental and social considerations when engaging in development cooperation projects. This is to be done by not only complying with the laws, regulations and standards of the recipient countries but also confirming that they do not differ significantly with the World Bank’s Environmental and Social Safeguard Policies and other initiatives. In particular, JICA (Japan International Cooperation Agency) intends to engage in considerable discussions with stakeholders such as local communities after disclosing information to ensure that an agreement can be reached on the projects through methods that are socially appropriate. When doing so, it will continue to pay attention to ensuring that due consideration is given for the socially vulnerable. [Ministry of Foreign Affairs]
- JBIC (Japan Bank for International Cooperation) has established the Guidelines for Confirmation of Environmental and Social Considerations on the basis of, among others, following discussions:
– discussions within the international frameworks on environmental and social considerations and human rights; and
– discussions at the OECD, such as the Recommendation of the Council on Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence, which requires consistency between public export credit policies and environmental conservation policies. [Ministry of Finance]
- The review of the aforementioned JBIC (Japan Bank for International Cooperation) Guidelines is conducted by taking the progress of the above discussions into consideration and seeking opinions from the Japanese government and the governments of developing countries, Japanese companies, experts, and NGOs, while maintaining transparency in the process. [Ministry of Finance]
- In light of the clear inclusion of respect for human rights in the scope of environmental and social considerations in the revised version of the Guidelines on Environmental and Social Considerations in Trade Insurance in 2015, NEXI (Nippon Export and Investment Insurance) continuously endeavors to confirm appropriate environmental and social considerations in accordance with the Guidelines and review the Guidelines where necessary. [Ministry of Economy, Trade and Industry]
- Continue to promote efforts to incorporate respect for human rights into all aspects of the procurement process, including procurement requirements, screening and selection, and contract terms. [Ministry of Foreign Affairs, Ministry of Finance]
- From gender perspectives, “IV. Humanitarian and Recovery Assistance” initiatives, including the area of development cooperation in the National Action Plan on Women, Peace and Security, fall under the context of business and human rights. The Government continues to incorporate gender perspectives in the implementation of Japan’s assistance when collaborating with companies for JICA (Japan International Cooperation Agency) and UN projects. [Ministry of Foreign Affairs]
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(Future measures planned)
(…)
(h) Continue the provision of grievance redress services in development cooperation and development financing
- To ensure compliance with the Guidelines for Environmental and Social Considerations, JICA (Japan International Cooperation Agency) has established and continues to provide a system where affected residents can file objections to non-compliance with the guidelines. In case an objection is filed, Examiners for the Guidelines, who are independent of departments responsible for specific projects, will investigate the facts concerning compliance/non-compliance, encourage dialogues between the parties concerned for resolution of disputes, report the results directly to the President of JICA, and disclose the result on JICA’s website. [Ministry of Foreign Affairs]
- To ensure compliance with the Guidelines for Confirmation of Environmental and Social Considerations, JBIC (Japan Bank for International Cooperation) has established and continues to provide a procedure for raising objections to non-compliance with the guidelines. The request to raise objections can be submitted by the country’s residents to be affected by the project, and an Examiner for Environmental Guidelines as an organ independent of departments responsible for lending or investment operations will make a determination, with the result to be disclosed publicly. [Ministry of Finance]
- JICA (Japan International Cooperation Agency) and JBIC (Japan Bank for International Cooperation) are to continue enhancing effectiveness through operational improvement. [Ministry of Foreign Affairs, Ministry of Finance]
Digital technology & electronics sector
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-Cutting Areas
C. Human Rights Associated with the Development of New Technologies
(Existing framework/Measures taken ）
In terms of the development of artificial intelligence (AI), a Council for Social Principles of Human-centric AI was established for the purpose of considering the basic principles for implementing and sharing AI in society in a better way under the AI Strategy Expert Meeting for Strength and Promotion of Innovation. As a result of the review by the Council, the Social Principles of Human-centric AI, which comprise three basic values and seven principles were established in March 2019.
(Future measures planned）
(a）Address online defamation and privacy infringement, including hate speech
- Continue efforts such as requesting providers to delete abusive information in case human rights violations, including defamation and privacy infringement on the Internet, are observed. [Ministry of Internal Affairs and Communications, Ministry of Justice]
(b） Promote discussion on the use of AI from the perspective of protection of human rights
- Continue efforts to promote establishment of the Social Principles of Human-centric AI, including the perspective of respecting human rights, to ensure acceptance and appropriate use of AI in society. [All Ministries]
(c）Promote discussion on the use of AI from the perspective of protection of privacy
- Continue efforts to promote discussion regarding the use of AI and privacy protection at international conferences and other occasions. [Personal Information Protection Commission; Ministry of Economy, Trade and Industry]
Energy sector
Environment & climate change
Chapter 1. Towards the Formulation of the National Action Plan (NAP) (Background and Working Process)
3. Objectives to be Achieved through the Launch and Implementation of the NAP
（1） …It is noted that for the purpose of this NAP, “human rights” should include consideration of the impact of environmental degradation and respect for human rights in supply chains. (…) where Japanese business enterprises implementing such measures are fairly evaluated.
Chapter 2. Action Plan
1. Fundamental principles of the NAP
(5) Remedial procedures (judicial and non-judicial remedies) have been established to address human rights violations in business activities. The Government intends to continue to assure access to judicial remedies and make improvements where necessary. It also utilizes multiple efforts regarding non-judicial remedies, including consulting services based on specific laws and regulations (e.g., workers, persons with disabilities, and consumers) as well as remedial procedures. These include the Japan Bank for International Cooperation (JBIC) Guidelines for Confirmation of Environmental and Social Considerations, the Japan International Cooperation Agency (JICA) Guidelines for Environmental and Social Considerations, the Nippon Export and Investment Insurance (NEXI) Guidelines on Environmental and Social Considerations in Trade Insurance, and the Japanese National Contact Point (NCP) under the OECD Guidelines for Multinational Enterprises (the Japanese NCP). The Government intends to secure access to these nonjudicial remedies and make improvements where necessary.
2. Areas of the NAP
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
A. Public Procurement
(Existing framework/Measures taken）
In particular, the Government has promoted enhanced awareness by companies for respecting human rights and the environment in accordance with the Act on Promotion of Procurement of Goods and Services from Disability Employment Facilities by the State and Other Entities (Act No. 50 of 2012, hereinafter referred to as the “Act on Priority Procurement Promotion for Persons with Disabilities”), … and the Act on Promotion of Procurement of Eco-Friendly Goods and Services by the State and Other Entities (Act No. 100 of 2000, hereinafter referred to as the “Act on Promoting Green Procurement”).
B. Development Cooperation and Development Finance
(Existing Framework/Measures taken)
(…)
JICA (Japan International Cooperation Agency), JBIC (Japan Bank for International Cooperation) and NEXI (Nippon Export and Investment Insurance) have introduced guidelines for environmental and social considerations. Along with them, necessary information disclosure procedures and related grievance procedures have been introduced to consider the impact of projects on human rights, the environment, and society. (…)
The JBIC Guidelines for Confirmation of Environmental and Social Considerations examine not only the impact of JBIC projects on human health, safety, and the natural environment but also social concerns, including respect for human rights as environmental and social considerations required for the projects. JBIC has been encouraging borrowers and related parties to take into account environmental and social considerations through loan agreements as necessary.
(Future measures planned)
Implement effective measures regarding environmental and social consideration in the fields of development cooperation and development financing
- JICA (Japan International Cooperation Agency) has established the Guidelines for Environmental and Social Considerations. It intends to continue to respect internationally recognized human rights and environmental and social considerations when engaging in development cooperation projects. This is to be done by not only complying with the laws, regulations and standards of the recipient countries but also confirming that they do not differ significantly with the World Bank’s Environmental and Social Safeguard Policies and other initiatives. In particular, JICA (Japan International Cooperation Agency) intends to engage in considerable discussions with stakeholders such as local communities after disclosing information to ensure that an agreement can be reached on the projects through methods that are socially appropriate. When doing so, it will continue to pay attention to ensuring that due consideration is given for the socially vulnerable. [Ministry of Foreign Affairs]
- JBIC (Japan Bank for International Cooperation) has established the Guidelines for Confirmation of Environmental and Social Considerations on the basis of, among others, following discussions:
– discussions within the international frameworks on environmental and social considerations and human rights; and
– discussions at the OECD, such as the Recommendation of the Council on Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence, which requires consistency between public export credit policies and environmental conservation policies. [Ministry of Finance]
- The review of the aforementioned JBIC (Japan Bank for International Cooperation) Guidelines is conducted by taking the progress of the above discussions into consideration and seeking opinions from the Japanese government and the governments of developing countries, Japanese companies, experts, and NGOs, while maintaining transparency in the process. [Ministry of Finance]
- In light of the clear inclusion of respect for human rights in the scope of environmental and social considerations in the revised version of the Guidelines on Environmental and Social Considerations in Trade Insurance in 2015, NEXI (Nippon Export and Investment Insurance) continuously endeavors to confirm appropriate environmental and social considerations in accordance with the Guidelines and review the Guidelines where necessary. [Ministry of Economy, Trade and Industry]
C. Promotion and Expansion of the Business and Human Rights Agenda in the International Community
(Existing framework/Measures taken）
In the areas directly related to business activities, the Government has incorporated clauses concerning social issues, including labour and the environment in some of the EPAs and investment treaties that Japan has signed or ratified in a manner consistent with trade rules such as those of the World Trade Organization (WTO), and promoted shared understanding between signatories on values to be respected, such as securing appropriate labour standards and conditions and protection of the environment. For example, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP11 Agreement) includes an independent Labour Chapter and Environment Chapter as well as provisions on women’s participation, and the Japan-EU Economic Partnership Agreement (EPA) includes a Trade and Sustainable Development Chapter. On top of this, the Japan-EU EPA also stipulates that the parties shall convene joint dialogue with civil society, establishing that civil society shall play a certain role through exchange of opinions on themes such as trade and sustainable development, the environment, and labour.
(3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Existing framework/Measures taken）
Japan’s Stewardship Code and Corporate Governance Code refer to grasping the status of investee companies and corporate information disclosure to promote sustainability initiatives, including elements of ESG issues. In addition, the Stewardship Code, which was revised again in March 2020 also includes reference to consideration on sustainability when holding dialogue between institutional investors and investee companies. Furthermore, the Guidance for Collaborative Value Creation was published as a guideline for dialogue and disclosure on voluntary and proactive initiatives of companies on non-financial information, including ESG factors.
(…)
With respect to the environment, corporate initiatives are being promoted with the establishment of the Environmental Reporting Guidelines. In August 2020, the “Introductory Guide on Environmental Due Diligence along the Value Chains: Referencing the OECD Guidance” was issued as a manual, including points to note in conducting environmental due diligence in relation to risk management and value chain management stated in the Environmental Reporting Guidelines. The Guidelines state that human rights are integral to address some measures regarding environmental issues, and explains that environmental due diligence is required as part of responsible business conduct and integrated with human rights.
(Future measures planned)
(…)
(g) Promote information disclosure by business enterprises in accordance with the Environmental Reporting Guidelines
- Promote understanding of environmental due diligence and information disclosure by publicizing the Introductory Guide on Environmental Due Diligence issued in August 2020. [Ministry of the Environment]
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(Existing framework/Measures taken）
(…)
Non-judicial remedies such as the following have been established: consulting services based on individual legislation (e.g., workers, persons with disabilities, consumers); remedial procedures such as Objection Procedures Based on JBIC Guidelines for Confirmation of Environmental and Social Considerations, JICA Objection Procedures Based on Guidelines for Environmental and Social Considerations, and NEXI Objection Procedures on Guidelines on Environmental and Social Considerations in Trade Insurance; …
(Future measures planned)
(…)
(h) Continue the provision of grievance redress services in development cooperation and development financing
- To ensure compliance with the Guidelines for Environmental and Social Considerations, JICA (Japan International Cooperation Agency) has established and continues to provide a system where affected residents can file objections to non-compliance with the guidelines. In case an objection is filed, Examiners for the Guidelines, who are independent of departments responsible for specific projects, will investigate the facts concerning compliance/non-compliance, encourage dialogues between the parties concerned for resolution of disputes, report the results directly to the President of JICA, and disclose the result on JICA’s website. [Ministry of Foreign Affairs]
- To ensure compliance with the Guidelines for Confirmation of Environmental and Social Considerations, JBIC (Japan Bank for International Cooperation) has established and continues to provide a procedure for raising objections to non-compliance with the guidelines. The request to raise objections can be submitted by the country’s residents to be affected by the project, and an Examiner for Environmental Guidelines as an organ independent of departments responsible for lending or investment operations will make a determination, with the result to be disclosed publicly. [Ministry of Finance]
Equality & non-discrimination
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
A. Labour (Promotion of Decent Work)
(Existing framework/Measures taken）
As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: … (4) the elimination of discrimination in respect of employment and occupation. For example, … the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Equal Employment Opportunity Act) (Act No. 113 of 1972);
More recently, the revision of laws, including the Act on the Comprehensive Promotion of Labour Policies, and the Employment Security and the Productive Working Lives of Workers (Labour Policies Comprehensive Promotion Act) (Act No. 132 of 1966) in 2019 has resulted in new requirements for employers to establish necessary measures regarding employment management, such as the provision of counseling services, to prevent the abuse of authority, or so-called “power harassment,” in the workplace. The revision of these laws has also strengthened preventive measures against sexual harassment, such as the prohibition of disadvantageous treatment by an employer against employees who report.
(Future measures planned)
(a ）Promote decent work ((1) promoting employment, (2) developing and enhancing measures of social protection (3) promoting social dialogue, and (4) respecting, promoting and realizing the fundamental principles and rights at work)
- Continue efforts to realize decent work, including ensuring work-life balance that contributes to women’s participation and advancement in the workplace by promoting labour policies for respecting, promoting, and realizing the principles concerning the fundamental rights stated in the ILO Declaration. [Cabinet Office, Ministry of Health, Labour and Welfare]
(b) Reinforce measures against harassment
- Continue to promote initiatives to achieve harassment-free workplace environments by securing the enforcement of the revised Labour Policies Comprehensive Promotion Act and other acts. [Ministry of Health, Labour and Welfare
(c) Protect and respect the rights of workers, including foreign workers and technical intern trainees
- The Technical Intern Training Program continues to be implemented under the new framework based on the Technical Intern Training Act enacted in 2017, while also incorporating gender perspectives. This is to be done through: introduction of a license system of supervising organizations and accreditation of technical intern training plans; establishment of provisions on prohibition of abuse of human rights of technical intern trainees and penalties against supervising organizations violating human rights; onsite inspection by the Organization for Technical Intern Training; establishment of offices for consultation and reporting in technical intern trainees’ native language; and making the system more appropriate through bilateral agreements. Continue steady implementation of improvement measures designed by the project team for the operation of the Technical Intern Training Program, and implement new measures for preventing the disappearance of technical intern trainees. [Ministry of Justice, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare]
(…)
B. Promotion and Protection of Children’s Rights
(Existing framework/Measures taken）
As measures that have already been conducted, the Government has supported initiatives in the area of education that leads to eradication of child labour and measures against trafficking in persons by contributing to the UN Trust Fund for Human Security and international organizations. In addition, the Government has supported initiatives to enhance measures against trafficking in persons and protection of such victims mainly in Southeast Asian countries, through technical cooperation by JICA (Japan International Cooperation Agency) and contributions to various UN agencies. Furthermore, the Government has been making contributions to and participating in the Asia-Pacific regional framework, the “Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime” (hereinafter referred to as the Bali Process). The Government has also taken part in the WePROTECT Global Alliance to End Child Sexual Exploitation Online. Moreover, the Government reaffirmed the G20 commitment to eradicate child labour and various forms of modern slavery in the G20 Osaka Leaders’ Declaration and the G20 Labour and Employment Ministers’ Declaration, both compiled by Japan as the chair. For these initiatives, sufficient attention has been paid to gender perspectives considering that a large number of the victims involved are women and girls.
(…)
(Future measures planned)
(a) Contribute to international efforts to eliminate child labour, including trafficking in persons and sexual exploitation
- Continue to make efforts to reinforce measures against trafficking in persons and the protection of victims with gender perspectives through technical cooperation by JICA and financial contributions to various UN agencies, in cooperation with the international community, including contribution to and participation in the Bali Process. [Ministry of Foreign Affairs]
C. Human Rights Associated with the Development of New Technologies
(Existing framework/Measures taken ）
As measures that have already been conducted, when consulted about the information on human rights violations, such as defamation and privacy infringement on the Internet, the Government has advised victims on the methods for requesting the disclosure of the sender’s information and the deletion of the information by providers. In case the victims find it difficult to recover from the damage caused by abusive content, efforts are made to remedy the damage by requesting providers to delete such abusive information. With respect to these initiatives, sufficient attention is paid to take into account gender equality perspectives as well as diversity and inclusiveness.
(…)
E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)
(Existing framework/Measures taken）
The Constitution of Japan sets forth the principle of equality before the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. Various laws have prohibited discrimination, as stated below.
With respect to persons with disabilities, the Act for Eliminating Discrimination against Persons with Disabilities (Act No. 65 of 2013, hereinafter referred to as the “Disability Discrimination Act”) prohibits governments and businesses from engaging in unfair discriminatory treatment on the grounds of disability, and prescribes that they are required to provide reasonable accommodation (companies must endeavor to provide reasonable accommodation). The Act on Employment Promotion Etc. of Persons with Disabilities (Act No. 123 of 1960) prohibits businesses from taking discriminatory measures in the area of employment based on disability and requires provision of reasonable accommodation.
With respect to women, the Equal Employment Opportunity Act prohibits discrimination against workers on the grounds of sex at each stage of employment management, and the Act on the Promotion of Women’s Participation and Advancement in the Workplace (Act No. 64 of 2015, hereinafter referred to as the “Women’s Participation Act”) encourages initiatives to promote women’s participation and advancement in the workplace.
Furthermore, the Basic Act for Gender Equal Society (Act No. 78 of 1999) lists “Respect for the human rights of men and women” as one of the pillars for realizing a gender-equal society. The Basic Plan for Gender Equality has been formulated in accordance with the Basic Act, and related measures have been implemented based on this plan. Internationally, the Government supports promotion of women’s empowerment, including through various declarations at G7 and G20 Summits, and moreover has engaged in further promotion of women’s participation in society, including the workplace by organizing the World Assembly for Women (WAW!).
In addition, a survey on business enterprises’ initiatives ensuring diverse sexual orientation and gender identity was conducted and a report on the survey results and case studies was prepared and published to promote accurate understanding on diverse sexual orientation and gender identity in the workplace.
With respect to the Ainu indigenous people who inhabit areas around the northern part of the Japanese Archipelago, especially in Hokkaido, the Act on Promotion of Measures for Realization of a Society in Which the Pride of the Ainu People is Respected (Act No. 16 of 2019) prohibits discrimination on the grounds of Ainu identity.
In the area of employment, Article 22 of the Constitution of Japan prescribes that “every person shall have freedom to … choose his occupation to the extent that it does not interfere with the public welfare.” In addition, the freedom of choice of occupation is guaranteed in both the Employment Security Act (Act No. 141 of 1947), which prescribes that “every person may freely choose any job, provided that it does not conflict with the public welfare,” and the Mariners’ Employment Security Act (Act No. 130 of 1948), which prescribes that “every person may freely choose occupation as a mariner on an appropriate vessel corresponding to the person’s ability and license or certificate in possession, or qualifications based on trainings received or experience.”
Unfair or discriminatory treatment against particular users is prohibited within the areas of residence, places or services intended for public use (hotels, restaurants, cafes, cinemas, and use of transportation).
(Future measures planned)
(a）Promote barrier-free and universal design
- Promote initiatives, including various public relations and awareness-raising activities based on the Disability Discrimination Act. [Cabinet Office]
- Promote accessibility across Japan by preparing and distributing a nationally consistent reception manual and implementing training for transportation, tourism, logistics restaurants and industries, and other industries.[Japan Tourism Agency]
- Raise the level of barrier-free standards across Japan through steady implementation of the Act for Partial Revision of the Act on Promotion of Smooth Transportation, Etc. of Elderly Persons, Disabled Persons, Etc. (Act No.28 of 2020), such as the revision of Transport Accessibility Standards and Guidelines, and the revision of the Design Guidelines of Buildings for Users with Accessibility Needs. [Ministry of Land, Infrastructure, Transport and Tourism]
- Implement various human rights awareness-raising activities to realize a society of coexistence with mutual respect for individuality and character regardless of disability. [Ministry of Justice]
(b）Promote employment of persons with disabilities
- Promote initiatives to increase opportunities for persons with disabilities to play an active role as a measure introduced under the Revised Act on Employment Promotion Etc. of Persons with Disabilities of 2019. As a measure for the public services sector, this includes making it incumbent on persons with appointive power at national and local government agencies to prepare and publish the Guidelines for Formulation of the Plan on Promoting Dynamic Engagement of Persons with Disabilities. As a measure for employers in the private sector, this includes the establishment of an accreditation system for SMEs with excellent initiatives concerning employment of persons with disabilities, and a special benefits system for employers who employ part-time workers whose weekly working hours are within a certain range. [Ministry of Health, Labour and Welfare]
- In employment of persons with disabilities, consideration will be given to individuals who are vulnerable to intersectional human rights violations, such as women with disabilities. [Ministry of Health, Labour and Welfare]
(c）Advance women’s empowerment
- Extensively present the significance of economic growth through women’s empowerment and share outcomes in business with women. [Cabinet Office, Ministry of Foreign Affairs, Ministry of Economy, Trade and Industry]
- Promote equal allocation of care work to realize work-life balance for both men and women. [Cabinet Office, Ministry of Health, Labour and Welfare]
(d）Promote understanding and acceptance of diverse sexual orientation and gender identity
- Steadily enforce the revised Labour Policies Comprehensive Promotion Act by raising awareness of the contents of the Guidelines for Preventing Power Harassment. The guidelines clarify that insulting speech and behaviors targeting diverse sexual orientation and gender identity fall under power harassment in the workplace. [Ministry of Health, Labour and Welfare]
(e) Ensure impartial treatment among employment fields
- With respect to job placement and vocational guidance, the Employment Security Act prescribes that “no one shall be discriminated against in job placement vocational guidance (rating vocational guidance under the Mariners’ Employment Security Act) for reasons such as race, nationality, creed, sex, social status” A Public Employment Security Office (Regional Transport Bureau in case of mariners) will continue to provide instruction and education for businesses recruiting through the agency to assure equal employment opportunity without discrimination on the grounds of race or ethnicity. [Ministry of Health, Labour and Welfare, Ministry of Land, Infrastructure, Transport and Tourism]
- As awareness-raising activities on fair recruitment and selection, the Government has created and made available on its website awareness-raising pamphlets for employers stating that opportunities should be opened widely for applicants and recruitment criterion should only be on the basis of suitability and ability for the occupation. Continue to make efforts such as providing explanations during training for employers on fair screening processes for employment held at the Public Employment Security Office. [Ministry of Health, Labour and Welfare]
( f ）Ensure impartial treatment in public spaces or services
- Continue steady implementation in accordance with the Hotel Business Act (Act No. 138 of 1948), which does not permit denial of lodging, etc. solely on the grounds of belonging to a specific race or ethnicity, or of being a same sex couple. [Ministry of Health, Labour and Welfare]
- Steadily implement the Ordinance for Enforcement of the Act on Development of Hotels for Inbound Tourists (Ministry of Transport Order No. 3 of 1993), which prohibits registered hotels from engaging in unfair discrimination against inbound international travelers or unfair discrimination between inbound international travelers and other guests concerning accommodation fees, food and beverage fees, and other services provided. [Japan Tourism Agency]
F. Acceptance of and Coexistence with Foreign Nationals
(Existing framework/Measures taken）
In recent years, the number of foreign nationals residing and working in Japan has been increasing, and there is a greater need for realizing a society where Japanese and foreign nationals can live safely and comfortably together through properly accepting foreign nationals and realizing a society of coexistence. Under these circumstances, the Government has taken the position of accepting foreign nationals who have status of residence, including Convention refugees and third-country resettled refugees as members of society without isolating them. To fully develop an environment where foreign nationals can enjoy the same public services and live without undue anxiety just as Japanese nationals do, the Ministerial Conference adopted the “Comprehensive Measures for Acceptance and Coexistence of Foreign nationals” (hereinafter referred to as “Comprehensive Measures”) in December 2018, and compiled a further document titled “Enhancement of “Comprehensive Measures” (hereinafter referred to as “Enhancement Measures”) in June 2019. The Comprehensive Measures were revised in line with the direction of the Enhancement Measures in December 2019, under which the Government has worked together to steadily promote the relevant measures.
Moreover, in July 2020, in consideration of the situation of implementation of related measures, the Comprehensive Measures were revised from the perspective of further enhancing and encouraging the environment for acceptance of foreign nationals.
（Future measures planned）
Improve and promote the development of an environment for acceptance of foreign nationals leading to realize a society of harmonious coexistence
- To realize a society of harmonious coexistence, the Government continues to steadily implement, promote and disseminate the measures related to various situations in life incorporated in the Comprehensive Measures (revised in 2020), including measures that contribute to business and human rights, while listening to the opinions of relevant parties. [Cabinet Secretariat, Cabinet Office, National Police Agency, Financial Services Agency, Consumer Affairs Agency, Fair Trade Commission, Ministry of Internal Affairs and Communications, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Education, Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry, Ministry of Land, Infrastructure, Transport and Tourism]
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
A. Public Procurement
(Existing framework/Measures taken）
the Government has promoted enhanced awareness by companies for respecting human rights and the environment in accordance with the … Women’s Participation Act …
(Future measures planned）
Thoroughly implement procurement rules relevant to business and human rights, including grievance procedures (initiatives based on Act on Priority Procurement Promotion for Persons with Disabilities, initiatives related to public procurement based on Article 24 of the Women’s Participation Act, and initiatives concerning exclusion of organized crime groups)
(…)
- Continue to award additional points to business enterprises with certification under the Women’s Participation Act and other laws, when the Government and incorporated administrative agencies use criteria other than price (in the procurement procedures applying to the overall‐greatest‐ value evaluation method and the competitive proposal evaluation method). The aforementioned certification is provided to business enterprises promoting measures, such as work-life balance. This scheme is being implemented in accordance with the Guidelines for Utilization of Public Procurement and Subsidies Towards the Promotion of Women’s Advancement (decided by the Headquarters for Creating a Society in Which All Women Shine on March 22, 2016) and other criteria. [Cabinet Office]
B. Development Cooperation and Development Finance
(Existing framework/Measures taken）
When engaging in development cooperation projects, internationally established human rights standards, including the international human rights treaties, have been respected. Particular attention has been paid to human rights of socially vulnerable groups, such as women, indigenous people, persons with disabilities, and minorities. Nevertheless, further efforts are required in this regard.
(…)
Furthermore, the National Action Plan for the implementation of the UN Security Council Resolution 1325 and related resolutions on Women, Peace and Security incorporates the following elements in all activities in the areas of peace and security, humanitarian assistance, and recovery: women’s participation and empowerment; measures corresponding to women’s needs; promotion of gender equality; and protection of women’s human rights.
(Future measures planned)
Implement effective measures regarding environmental and social consideration in the fields of development cooperation and development financing
(…)
- From gender perspectives, “IV. Humanitarian and Recovery Assistance” initiatives, including the area of development cooperation in the National Action Plan on Women, Peace and Security, fall under the context of business and human rights. The Government continues to incorporate gender perspectives in the implementation of Japan’s assistance when collaborating with companies for JICA (Japan International Cooperation Agency) and UN projects. [Ministry of Foreign Affairs]
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(Existing framework/Measures taken）
(…)
As measures based on specific legislation, frameworks have been established in specific areas, including for workers and persons with disabilities.
(…)
(Future measures planned)
(…)
d) Continue human rights counseling (Human Rights Hotline and other relevant counseling sessions, including telephone counseling)
- Provide human rights counseling in ten foreign languages by Human Rights Counseling Centers for Foreigners. Dedicated hotlines have also been established for protecting the human rights of women and children. [Ministry of Justice]
(…)
(f) Continue and reinforce measures, including those based on specific legislation (for workers, persons with disabilities, and foreign workers, including technical intern trainees, and for whistleblower protection)
- In accordance with the Technical Intern Training Act, continue to report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare. Provide counseling by the Organization for Technical Intern Training to technical intern trainees in their native languages, and support transfer of workplace when human rights violations occur and technical intern trainees find it difficult to undertake training. [Ministry of Justice, Ministry of Health, Labour and Welfare]
(…)
(5) Other measures
In addition to measures aligned with the three pillars of the UNGPs, the Government contributes to measures against various issues expected in relation to business and human rights through the following measures.
(Future measures planned)
Promote quality infrastructure investment (the G20 Principles for Quality Infrastructure Investment)
In the G20 Principles for Quality Infrastructure Investment approved at the G20 Osaka Summit, “Principle 5. Integrating Social Considerations in Infrastructure Investment” states that infrastructure should enable the economic participation and social inclusion of all, and respect human rights and the needs of all people, especially those who may experience particular vulnerabilities, including women and children. Japan has actively appealed for dissemination and establishment of the G20 principles and led the discussion in the international community, and will contribute to the solution of various issues expected in relation to business and human rights by continuing to promote the principles. [Ministry of Foreign Affairs]
Export credit
Chapter 2. Action Plan
2. Areas of the NAP
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
B. Development Cooperation and Development Finance
(…)
(Future measures planned)
Implement effective measures regarding environmental and social consideration in the fields of development cooperation and development financing
(…)
- JBIC (Japan Bank for International Cooperation) has established the Guidelines for Confirmation of Environmental and Social Considerations on the basis of, among others, following discussions:
(…)
– discussions at the OECD, such as the Recommendation of the Council on Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence, which requires consistency between public export credit policies and environmental conservation policies. [Ministry of Finance]
Extractives sector
Chapter 2. Action Plan
2. Areas of the NAP
(2) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Existing framework/Measures taken）
… international initiatives, including the Extractive Industries Transparency Initiative and measures against Illegal, Unreported and Unregulated fishing are being implemented, and Japan makes an active contribution to such initiatives.
Extraterritorial jurisdiction
‘Japan’s NAP does not explicitly address this issue’
Finance & banking sector
‘Japan’s NAP does not explicitly address this issue’
Fisheries and aquaculture sectors
The Japanese NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors.
Forced labour & modern slavery
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
A. Labour (Promotion of Decent Work)
(Existing framework/Measures taken）
As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: (1) freedom of association and the effective recognition of the right to collective bargaining; (2) the elimination of all forms of forced or compulsory labour; (3) the effective abolition of child labour; and (4) the elimination of discrimination in respect of employment and occupation. For example, protection and promotion of the rights of workers are promoted through labour related legislation applicable to workers regardless of nationality, race, and ethnicity such as: the Labour Standards Act (Act No. 49 of 1947); the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947); the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Equal Employment Opportunity Act) (Act No. 113 of 1972); and the Mariners Act (Act No. 100 of 1947).
More recently, the revision of laws, including the Act on the Comprehensive Promotion of Labour Policies, and the Employment Security and the Productive Working Lives of Workers (Labour Policies Comprehensive Promotion Act) (Act No. 132 of 1966) in 2019 has resulted in new requirements for employers to establish necessary measures regarding employment management, such as the provision of counseling services, to prevent the abuse of authority, or so-called “power harassment,” in the workplace. The revision of these laws has also strengthened preventive measures against sexual harassment, such as the prohibition of disadvantageous treatment by an employer against employees who report.
- Promotion and Protection of Children’s Rights
(Existing framework/Measures taken）
As measures that have already been conducted, the Government has supported initiatives in the area of education that leads to eradication of child labour and measures against trafficking in persons by contributing to the UN Trust Fund for Human Security and international organizations. In addition, the Government has supported initiatives to enhance measures against trafficking in persons and protection of such victims mainly in Southeast Asian countries, through technical cooperation by JICA (Japan International Cooperation Agency) and contributions to various UN agencies. Furthermore, the Government has been making contributions to and participating in the Asia-Pacific regional framework, the “Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime” (hereinafter referred to as the Bali Process). The Government has also taken part in the WePROTECT Global Alliance to End Child Sexual Exploitation Online. Moreover, the Government reaffirmed the G20 commitment to eradicate child labour and various forms of modern slavery in the G20 Osaka Leaders’ Declaration and the G20 Labour and Employment Ministers’ Declaration, both compiled by Japan as the chair. For these initiatives, sufficient attention has been paid to gender perspectives considering that a large number of the victims involved are women and girls.
Freedom of association
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
A. Labour (Promotion of Decent Work)
(Existing framework/Measures taken）
As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: (1) freedom of association and the effective recognition of the right to collective bargaining;
Garment, Textile and Footwear Sector
Chapter 2. Action Plan
Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
1. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
( Existing framework/Measures taken)
With increased interest in responsible business conduct, the OECD Guidelines for Multinational Enterprises, which Japan adheres to, added a new chapter on business responsibility on respect for human rights in its 2011 edition. In addition, OECD has launched due diligence guidance specific to sectors such as minerals, agriculture, garments, and footwear. In 2018, the OECD Due Diligence Guidance for Responsible Business Conduct was published as a practical tool that businesses can use regardless of the sector. The Government has been engaged in promoting the above Guidelines and Guidance to businesses. – page 23
Gender & women’s rights
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
A. Labour (Promotion of Decent Work)
(Existing framework/Measures taken）
As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: … (4) the elimination of discrimination in respect of employment and occupation. For example, … the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Equal Employment Opportunity Act) (Act No. 113 of 1972);
More recently, the revision of laws, including the Act on the Comprehensive Promotion of Labour Policies, and the Employment Security and the Productive Working Lives of Workers (Labour Policies Comprehensive Promotion Act) (Act No. 132 of 1966) in 2019 has resulted in new requirements for employers to establish necessary measures regarding employment management, such as the provision of counseling services, to prevent the abuse of authority, or so-called “power harassment,” in the workplace. The revision of these laws has also strengthened preventive measures against sexual harassment, such as the prohibition of disadvantageous treatment by an employer against employees who report.
(Future measures planned)
（a ）Promote decent work ((1) promoting employment, (2) developing and enhancing measures of social protection (3) promoting social dialogue, and (4) respecting, promoting and realizing the fundamental principles and rights at work)
- Continue efforts to realize decent work, including ensuring work-life balance that contributes to women’s participation and advancement in the workplace by promoting labour policies for respecting, promoting, and realizing the principles concerning the fundamental rights stated in the ILO Declaration. [Cabinet Office, Ministry of Health, Labour and Welfare]
…
(b) Reinforce measures against harassment
- Continue to promote initiatives to achieve harassment-free workplace environments by securing the enforcement of the revised Labour Policies Comprehensive Promotion Act and other acts. [Ministry of Health, Labour and Welfare
(c) Protect and respect the rights of workers, including foreign workers and technical intern trainees
- The Technical Intern Training Program continues to be implemented under the new framework based on the Technical Intern Training Act enacted in 2017, while also incorporating gender perspectives. This is to be done through: introduction of a license system of supervising organizations and accreditation of technical intern training plans; establishment of provisions on prohibition of abuse of human rights of technical intern trainees and penalties against supervising organizations violating human rights; onsite inspection by the Organization for Technical Intern Training; establishment of offices for consultation and reporting in technical intern trainees’ native language; and making the system more appropriate through bilateral agreements. Continue steady implementation of improvement measures designed by the project team for the operation of the Technical Intern Training Program, and implement new measures for preventing the disappearance of technical intern trainees. [Ministry of Justice, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare]
(…)
B. Promotion and Protection of Children’s Rights
(Existing framework/Measures taken）
As measures that have already been conducted, the Government has supported initiatives in the area of education that leads to eradication of child labour and measures against trafficking in persons by contributing to the UN Trust Fund for Human Security and international organizations. In addition, the Government has supported initiatives to enhance measures against trafficking in persons and protection of such victims mainly in Southeast Asian countries, through technical cooperation by JICA (Japan International Cooperation Agency) and contributions to various UN agencies. Furthermore, the Government has been making contributions to and participating in the Asia-Pacific regional framework, the “Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime” (hereinafter referred to as the Bali Process). The Government has also taken part in the WePROTECT Global Alliance to End Child Sexual Exploitation Online. Moreover, the Government reaffirmed the G20 commitment to eradicate child labour and various forms of modern slavery in the G20 Osaka Leaders’ Declaration and the G20 Labour and Employment Ministers’ Declaration, both compiled by Japan as the chair. For these initiatives, sufficient attention has been paid to gender perspectives considering that a large number of the victims involved are women and girls.
(…)
(Future measures planned)
(a）Contribute to international efforts to eliminate child labour, including trafficking in persons and sexual exploitation
- Continue to make efforts to reinforce measures against trafficking in persons and the protection of victims with gender perspectives through technical cooperation by JICA and financial contributions to various UN agencies, in cooperation with the international community, including contribution to and participation in the Bali Process. [Ministry of Foreign Affairs]
C. Human Rights Associated with the Development of New Technologies
(Existing framework/Measures taken ）
As measures that have already been conducted, when consulted about the information on human rights violations, such as defamation and privacy infringement on the Internet, the Government has advised victims on the methods for requesting the disclosure of the sender’s information and the deletion of the information by providers. In case the victims find it difficult to recover from the damage caused by abusive content, efforts are made to remedy the damage by requesting providers to delete such abusive information. With respect to these initiatives, sufficient attention is paid to take into account gender equality perspectives as well as diversity and inclusiveness.
(…)
E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)
(Existing framework/Measures taken）
The Constitution of Japan sets forth the principle of equality before the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. Various laws have prohibited discrimination, as stated below.
(…)
With respect to women, the Equal Employment Opportunity Act prohibits discrimination against workers on the grounds of sex at each stage of employment management, and the Act on the Promotion of Women’s Participation and Advancement in the Workplace (Act No. 64 of 2015, hereinafter referred to as the “Women’s Participation Act”) encourages initiatives to promote women’s participation and advancement in the workplace.
Furthermore, the Basic Act for Gender Equal Society (Act No. 78 of 1999) lists “Respect for the human rights of men and women” as one of the pillars for realizing a gender-equal society. The Basic Plan for Gender Equality has been formulated in accordance with the Basic Act, and related measures have been implemented based on this plan. Internationally, the Government supports promotion of women’s empowerment, including through various declarations at G7 and G20 Summits, and moreover has engaged in further promotion of women’s participation in society, including the workplace by organizing the World Assembly for Women (WAW!).
In addition, a survey on business enterprises’ initiatives ensuring diverse sexual orientation and gender identity was conducted and a report on the survey results and case studies was prepared and published to promote accurate understanding on diverse sexual orientation and gender identity in the workplace.
(…)
(Future measures planned)
(…)
(b) Promote employment of persons with disabilities
(…)
- In employment of persons with disabilities, consideration will be given to individuals who are vulnerable to intersectional human rights violations, such as women with disabilities. [Ministry of Health, Labour and Welfare]
(c）Advance women’s empowerment
- Extensively present the significance of economic growth through women’s empowerment and share outcomes in business with women. [Cabinet Office, Ministry of Foreign Affairs, Ministry of Economy, Trade and Industry]
- Promote equal allocation of care work to realize work-life balance for both men and women. [Cabinet Office, Ministry of Health, Labour and Welfare]
(d）Promote understanding and acceptance of diverse sexual orientation and gender identity
- Steadily enforce the revised Labour Policies Comprehensive Promotion Act by raising awareness of the contents of the Guidelines for Preventing Power Harassment. The guidelines clarify that insulting speech and behaviors targeting diverse sexual orientation and gender identity fall under power harassment in the workplace. [Ministry of Health, Labour and Welfare]
(e) Ensure impartial treatment among employment fields
- With respect to job placement and vocational guidance, the Employment Security Act prescribes that “no one shall be discriminated against in job placement vocational guidance (rating vocational guidance under the Mariners’ Employment Security Act) for reasons such as race, nationality, creed, sex, social status” A Public Employment Security Office (Regional Transport Bureau in case of mariners) will continue to provide instruction and education for businesses recruiting through the agency to assure equal employment opportunity without discrimination on the grounds of race or ethnicity. [Ministry of Health, Labour and Welfare, Ministry of Land, Infrastructure, Transport and Tourism]
- As awareness-raising activities on fair recruitment and selection, the Government has created and made available on its website awareness-raising pamphlets for employers stating that opportunities should be opened widely for applicants and recruitment criterion should only be on the basis of suitability and ability for the occupation. Continue to make efforts such as providing explanations during training for employers on fair screening processes for employment held at the Public Employment Security Office. [Ministry of Health, Labour and Welfare]
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
A. Public Procurement
(Existing framework/Measures taken）
the Government has promoted enhanced awareness by companies for respecting human rights and the environment in accordance with the … Women’s Participation Act …
(Future measures planned）
Thoroughly implement procurement rules relevant to business and human rights, including grievance procedures (initiatives based on Act on Priority Procurement Promotion for Persons with Disabilities, initiatives related to public procurement based on Article 24 of the Women’s Participation Act, and initiatives concerning exclusion of organized crime groups)
(…)
- Continue to award additional points to business enterprises with certification under the Women’s Participation Act and other laws, when the Government and incorporated administrative agencies use criteria other than price (in the procurement procedures applying to the overall‐greatest‐ value evaluation method and the competitive proposal evaluation method). The aforementioned certification is provided to business enterprises promoting measures, such as work-life balance. This scheme is being implemented in accordance with the Guidelines for Utilization of Public Procurement and Subsidies Towards the Promotion of Women’s Advancement (decided by the Headquarters for Creating a Society in Which All Women Shine on March 22, 2016) and other criteria. [Cabinet Office]
B. Development Cooperation and Development Finance
(Existing framework/Measures taken）
When engaging in development cooperation projects, internationally established human rights standards, including the international human rights treaties, have been respected. Particular attention has been paid to human rights of socially vulnerable groups, such as women, indigenous people, persons with disabilities, and minorities. Nevertheless, further efforts are required in this regard.
(…)
Furthermore, the National Action Plan for the implementation of the UN Security Council Resolution 1325 and related resolutions on Women, Peace and Security incorporates the following elements in all activities in the areas of peace and security, humanitarian assistance, and recovery: women’s participation and empowerment; measures corresponding to women’s needs; promotion of gender equality; and protection of women’s human rights.
(Future measures planned)
Implement effective measures regarding environmental and social consideration in the fields of development cooperation and development financing
(…)
- From gender perspectives, “IV. Humanitarian and Recovery Assistance” initiatives, including the area of development cooperation in the National Action Plan on Women, Peace and Security, fall under the context of business and human rights. The Government continues to incorporate gender perspectives in the implementation of Japan’s assistance when collaborating with companies for JICA (Japan International Cooperation Agency) and UN projects. [Ministry of Foreign Affairs]
(3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Existing framework/Measures taken）
(…)
Under the Women’s Participation Act, businesses that regularly employ 301 or more workers are obligated to: (1) understand the status of women’s participation and advancement in business enterprises and analyze issues; (2) establish, notify, disseminate, and publish an action plan incorporating quantitative goals and initiatives based on the understanding of the status and analysis of issues; and (3) publish information on the company concerning women’s participation and advancement in the workplace. These initiatives were enhanced with the partial revision of the Women’s Participation Act in May 2019.
(…)
(Future measures planned)
(d) Publicize the NAP and raise awareness of human rights due diligence to Japanese business enterprises operating overseas via Japanese embassies, consulates, and overseas offices of government-related entities
- Publicize the NAP and raise awareness of human rights due diligence with possible cooperation with local agencies and organizations by Japanese embassies and consulates. In so doing, sufficient attention is to be paid to the issue of protection of human rights of workers in supply chains, including the socially vulnerable such as women and children. [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]
(…)
(f) Steadily implement the Act on the Promotion of Women’s Participation and Advancement in the Workplace
- The revised Act was adopted and enacted at the ordinary parliamentary session in 2019 (effective from June 1, 2020). The expansion of the Act’s scope (to be effective from April 1, 2022) included: expansion of the obligation to develop action plans and to have information disclosure for business enterprises employing 101 or more employees, and the obligation to reinforce information disclosure applied to business enterprises employing 301 or more employees. Going forward, disseminate information on the contents of the revision, and provide support for SMEs to develop action plans for smooth implementation of the revised Act. [Ministry of Health, Labour and Welfare]
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(…)
(Future measures planned)
(…)
(c) Publicize activities and improve operation of the Japanese NCP under the OECD Guidelines for Multinational Enterprises
- Enhance and facilitate cooperation among the three ministries in charge in accordance with the OECD Guidelines for Multinational Enterprises and perform appropriate functions as the Japanese NCP. In particular, make procedures more transparent, while securing fairness and impartiality, and continue public relations activities. In so doing, pay attention to the perspectives of gender and respect for human rights in supply chains. Cooperate with the Japanese NCP Committee comprising the Government, labour, and management, and seek advice from experts where necessary. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]
(e) Continue human rights counseling (Human Rights Hotline and other relevant counseling sessions, including telephone counseling).
- Provide human rights counseling in ten foreign languages by Human Rights Counseling Centers for Foreigners. Dedicated hotlines have also been established for protecting the human rights of women and children. [Ministry of Justice]
(5) Other measures
In addition to measures aligned with the three pillars of the UNGPs, the Government contributes to measures against various issues expected in relation to business and human rights through the following measures.
(Future measures planned)
Promote quality infrastructure investment (the G20 Principles for Quality Infrastructure Investment)
In the G20 Principles for Quality Infrastructure Investment approved at the G20 Osaka Summit, “Principle 5. Integrating Social Considerations in Infrastructure Investment” states that infrastructure should enable the economic participation and social inclusion of all, and respect human rights and the needs of all people, especially those who may experience particular vulnerabilities, including women and children. Japan has actively appealed for dissemination and establishment of the G20 principles and led the discussion in the international community, and will contribute to the solution of various issues expected in relation to business and human rights by continuing to promote the principles. [Ministry of Foreign Affairs]
Guidance to business
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)
(…)
(Future measures planned)
(a) Promote barrier-free and universal design
(…)
- Promote accessibility across Japan by preparing and distributing a nationally consistent reception manual and implementing training for transportation, tourism, logistics restaurants and industries, and other industries. [Japan Tourism Agency]
(e) Ensure impartial treatment among employment fields
(…)
- As awareness-raising activities on fair recruitment and selection, the Government has created and made available on its website awareness-raising pamphlets for employers stating that opportunities should be opened widely for applicants and recruitment criterion should only be on the basis of suitability and ability for the occupation. Continue to make efforts such as providing explanations during training for employers on fair screening processes for employment held at the Public Employment Security Office. [Ministry of Health, Labour and Welfare]
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
D. Human Rights Education and Awareness-Raising
(Existing framework/Measures taken)
The Government has developed the Basic Plan on Human Rights Education and Human Rights Awareness Raising pursuant to the Act on the Promotion of Human Rights Education and Human Rights Awareness-Raising (Act No.147 of 2000), based on which it has been promoting various forms of human rights education and awareness-raising. In particular, human rights education and awareness-raising seminars for SMEs have been organized across Japan to broaden awareness of business and human rights among businesses.
(Future measures planned)
（a）Raise awareness of business and human rights and conduct training on the topics for public employees
- Consider, including the topic of business and human rights in lectures for public officials undertaken by the relevant ministries and agencies. [All Ministries]
- Raise awareness of various human rights issues, including business and human rights at training on human rights for public officials. [Ministry of Justice]
(b） Implement human rights education and human rights awareness-raising activities based on the Basic Plan on Human Rights Education and Human Rights Awareness-raising
- Continue to implement human rights education and human rights awareness-raising activities based on the Basic Plan on Human Rights Education and Human Rights Awareness Raising with the recognition of various human rights issues in the context of business and human rights. [Ministry of Justice, Ministry of Education, Culture, Sports, Science and Technology, line Ministries]
- Engage in human rights awareness-raising activities such as dispatching lecturers to corporate human rights training, and distribution or leasing of human rights awareness-raising booklets and videos. [Ministry of Justice]
(c）Implement human rights awareness-raising activities through cooperation and collaboration with private enterprises
- Promote further implementation of human rights awareness-raising activities such as utilization of the Center for Human Rights Education and Training and human rights lecturers in cooperation and collaboration with private enterprises. [Ministry of Justice]
(d）Continue awareness-raising seminars for SMEs
- Continue to implement human rights education and awareness-raising seminars for business enterprises especially targeting SMEs as part of the Support for Human Resources Development in SMEs. [Ministry of Economy, Trade and Industry]
(e）Award business enterprises tackling social issues, including respect for human rights
- From the perspective of the importance of a wide recognition in society that business enterprises have a responsibility to address social issues and can make important contributions in this area, award business enterprises tackling social issues, including respect for human rights. [Consumer Affairs Agency, Ministry of Justice, line Ministries]
(f） Publicize the NAP to educational institutions and other relevant bodies
- Continue to promote initiatives to raise awareness of respecting human rights in school education through school education activities reflecting regional circumstances and the different developmental stages of students, while incorporating the purpose of the new Course of Study teaching guidelines, which also envisage the development of creators of a sustainable society. Also, continue to promote initiatives in social education at social education facilities such as community learning centers, which are facilities for regional learning, in accordance with the situation in each region. [Ministry of Education, Culture, Sports, Science and Technology]
(g）Cooperate with international organizations on the publication of the NAP and related awareness-raising activities
- Make efforts to promote understanding and raise awareness for human rights throughout society through publicizing the NAP and raising awareness of it in cooperation with international organizations. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]
(3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Existing framework/Measures taken）
(…)
With increased interest in responsible business conduct, the OECD Guidelines for Multinational Enterprises, which Japan adheres to, added a new chapter on business responsibility on respect for human rights in its 2011 edition. In addition, OECD has launched due diligence guidance specific to sectors such as minerals, agriculture, garments, and footwear. In 2018, the OECD Due Diligence Guidance for Responsible Business Conduct was published as a practical tool that businesses can use regardless of the sector. The Government has been engaged in promoting the above Guidelines and Guidance to businesses.
In terms of awareness-raising activities and support, studies and research have been conducted by relevant institutions, including the Institute of Developing Economies of the Japan External Trade Organization (IDE-JETRO) and the Business Policy Forum, Japan. The results have been issued for the benefit of business enterprises.
For Japanese business enterprises engaging in overseas businesses, contact points for Japanese business enterprises (Japanese business support officers) have been established at Japanese embassies and consulates to enhance support for Japanese business enterprises’ overseas expansion.
(…)
In addition to the above, international initiatives, including the Extractive Industries Transparency Initiative and measures against Illegal, Unreported and Unregulated fishing are being implemented, and Japan makes an active contribution to such initiatives.
B. Support for Small and Medium Enterprises (SMEs) regarding Business and Human Rights
(Existing framework/Measures taken）
(…)
The Government also recognizes the need to engage in awareness-raising activities to increase understanding and implementation by SMEs, while also being considerate of SMEs’ position in business transactions.
(Future measures planned)
(a) Provide information to SMEs through the portal site on business and human rights
- Set up a portal site with centralized information related to business and human rights to promote efforts regarding business and human rights made by SMEs. [Ministry of Foreign Affairs]
(b) Conduct seminars targeting SMEs in cooperation with economic organizations and civil society
- Continue to implement human rights education and awareness-raising seminars for business enterprises targeting SMEs as part of the project called the Support for Human Resources Development in SMEs and enhance understanding for human rights due diligence. [Ministry of Economy, Trade and Industry]
(c) Include policies regarding business terms and conditions and improvement of business practices
- Continue to boost efforts to improve transaction terms and practices to prevent main contractors from forcing subcontractors to absorb their expenses. [Ministry of Economy, Trade and Industry]
Health and social care
‘Japan’s NAP does not explicitly address this issue’
Human rights impact assessments
‘Japan’s NAP does not explicitly address this issue’
Indigenous peoples
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
C. Human Rights Associated with the Development of New Technologies
(Existing framework/Measures taken ）
…
With respect to discrimination issues, including hate speech, initiatives to resolve discrimination, including on the Internet, are being promoted in accordance with the objective of laws, including the Act on the Promotion of Efforts to Eliminate Unfair Discriminatory Speech and Behavior against Persons Originating from Outside Japan (Act No. 68 of 2016), the Act on the Promotion of Elimination of Buraku Discrimination (Act No. 109 of 2016), and the Act on Promotion of Measures for Realization of a Society in which the Pride of the Ainu People is Respected (Act No. 16 of 2019).
E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)
(Existing framework/Measures taken）
(…)
With respect to the Ainu indigenous people who inhabit areas around the northern part of the Japanese Archipelago, especially in Hokkaido, the Act on Promotion of Measures for Realization of a Society in Which the Pride of the Ainu People is Respected (Act No. 16 of 2019) prohibits discrimination on the grounds of Ainu identity.
(…)
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
B. Development Cooperation and Development Finance
(Existing framework/Measures taken）
The Development Cooperation Charter adopted by the Cabinet in 2015 promotes human security, including fundamental human rights, as one of the basic policies for development cooperation. In addition, the Charter requires that sufficient attention is being paid to the protection of fundamental human rights in recipient countries to ensure the appropriateness of development cooperation, and that efforts are being made to ensure appropriate operation. When engaging in development cooperation projects, internationally established human rights standards, including the international human rights treaties, have been respected. Particular attention has been paid to human rights of socially vulnerable groups, such as women, indigenous people, persons with disabilities, and minorities. Nevertheless, further efforts are required in this regard.
Investment treaties & investor-state dispute settlements
Chapter 2. Action Plan
2. Areas of the NAP
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
E. Promotion and Expansion of the Business and Human Rights Agenda in the International Community
(Existing framework/Measures taken）
In the areas directly related to business activities, the Government has incorporated clauses concerning social issues, including labour and the environment in some of the EPAs and investment treaties that Japan has signed or ratified in a manner consistent with trade rules such as those of the World Trade Organization (WTO), and promoted shared understanding between signatories on values to be respected, such as securing appropriate labour standards and conditions and protection of the environment. For example, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP11 Agreement) includes an independent Labour Chapter and Environment Chapter as well as provisions on women’s participation, and the Japan-EU Economic Partnership Agreement (EPA) includes a Trade and Sustainable Development Chapter. On top of this, the Japan-EU EPA also stipulates that the parties shall convene joint dialogue with civil society, establishing that civil society shall play a certain role through exchange of opinions on themes such as trade and sustainable development, the environment, and labour.
(Future measures planned)
（…)
(d）Continue to make efforts towards concluding EPAs and investment agreements that benefit not only industry but also a wide range of people, including workers [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry]
Read more about Investment treaties & investor-state dispute settlements
Judicial remedy
Chapter 2. Action Plan
1. Fundamental Principles of the NAP
(…)
- Remedial procedures (judicial and non-judicial remedies) have been established to address human rights violations in business activities. The Government intends to continue to assure access to judicial remedies and make improvements where necessary. It also utilizes multiple efforts regarding non-judicial remedies, including consulting services based on specific laws and regulations (e.g., workers, persons with disabilities, and consumers) as well as remedial procedures. These include the Japan Bank for International Cooperation (JBIC) Guidelines for Confirmation of Environmental and Social Considerations, the Japan International Cooperation Agency (JICA) Guidelines for Environmental and Social Considerations, the Nippon Export and Investment Insurance (NEXI) Guidelines on Environmental and Social Considerations in Trade Insurance, and the Japanese National Contact Point (NCP) under the OECD Guidelines for Multinational Enterprises (the Japanese NCP). The Government intends to secure access to these nonjudicial remedies and make improvements where necessary.
2. Areas of the NAP
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
（ Existing framework/Measures taken）
As a remedy for human rights violations by business enterprises, the Government intends to ensure accountability and remedies through the pursuit of criminal responsibility, damage claims, and administrative measures undertaken based on relevant laws, including the Penal Code (Act No.45 of 1907), the Civil Code (Act No.89 of 1896), the Product Liability Act (Act No. 85 of 1994), and the Labor Tribunal Act (Act No. 45 of 2004).
In relation to access to these remedies, the Japan Legal Support Center (the JLSC) makes efforts to ensure access to judicial remedies by providing legal aid services, such as free legal consultations for Japanese nationals and foreign nationals lawfully residing in Japan who have no financial means.
As measures based on specific legislation, frameworks have been established in specific areas, including for workers and persons with disabilities.
Consultations involving consumer complaints and mediation for the settlement of consumer complaints are also being provided under the Consumer Safety Act (Act No. 50 of 2009).
(Future measures planned)
(a) Digitalize civil proceedings
- Make efforts to realize online submission of complaints, digitalization of litigation records, arrangement of issues, and examination of evidence using online meetings without personal appearance of the parties concerned. Revise the Code of Civil Procedure in accordance with the review and deliberation by the Legislative Council of the Ministry of Justice to improve access to the legal system by the public. [Ministry of Justice]
(b) Conduct training on human rights for police officers, public prosecutors, and other relevant officials
- Continue to provide training on various human rights issues, including international trends in the area of human rights, to newly recruited and promoted police officers at the police academies nationwide. [National Police Agency]
- Continue to make efforts to increase broad understanding of human rights by means, including providing lectures on topics such as human rights treaties and crime victims at various trainings organized for prosecutors in accordance with their respective numbers of years of experience. [Ministry of Justice]
- Continue to offer lectures for Immigration Services Agency employees on human rights related legislation, the current status of protection of human rights, and trafficking in persons at trainings held in accordance with years of service. In addition, continue efforts to develop personnel who contribute to appropriate handling of work by providing lectures, including on human rights treaties and measures against trafficking in persons, at training sessions to deepen knowledge on human rights issues of employees that are central to the Agency’s operations and engaged in practical operations. [Ministry of Justice]
- Offer lectures on the topic of trafficking in persons at annual training sessions for Labour Standards Inspectors around the fifth year of appointment. Continue to promote understanding of the role of Labour Standards Inspection Agencies in promoting measures against trafficking in persons. [Ministry of Health, Labour and Welfare]
(…)
(e) Prevent human rights violations and remedy damages
- Conduct necessary investigations if a suspected case of human rights violations is recognized through human rights counseling, and provide remedy and prevention by implementing appropriate measures for the case under investigation in cooperation with the relevant agencies. [Ministry of Justice]
(f) Continue and reinforce measures, including those based on specific legislation (for workers, persons with disabilities, and foreign workers, including technical intern trainees, and for whistleblower protection)
- In accordance with the Technical Intern Training Act, continue to report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare. Provide counseling by the Organization for Technical Intern Training to technical intern trainees in their native languages, and support transfer of workplace when human rights violations occur and technical intern trainees find it difficult to undertake training. [Ministry of Justice, Ministry of Health, Labour and Welfare]
- The Whistleblower Protection Act (Act No. 122 of 2004) has been enacted for protecting whistleblowers who meet certain requirements, and promoting compliance with the laws and regulations concerning the protection of life, body, and property, and other interests of nationals. Continue to promote the establishment of whistleblowing systems at businesses and government agencies (including local governments) taking into account the G20 Osaka Leaders’ Declaration and the G20 High-Level Principles for the Effective Protection of Whistleblowers. [Consumer Affairs Agency]
Land
‘Japan’s NAP does not explicitly address this issue’
Mandatory human rights due diligence
Chapter 2. Action Plan
2. Areas of the NAP
(3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Existing framework/Measures taken）
Japan’s Stewardship Code and Corporate Governance Code refer to grasping the status of investee companies and corporate information disclosure to promote sustainability initiatives, including elements of ESG issues. In addition, the Stewardship Code, which was revised again in March 2020 also includes reference to consideration on sustainability when holding dialogue between institutional investors and investee companies. Furthermore, the Guidance for Collaborative Value Creation was published as a guideline for dialogue and disclosure on voluntary and proactive initiatives of companies on non-financial information, including ESG factors.
Under the Women’s Participation Act, businesses that regularly employ 301 or more workers are obligated to: (1) understand the status of women’s participation and advancement in business enterprises and analyze issues; (2) establish, notify, disseminate, and publish an action plan incorporating quantitative goals and initiatives based on the understanding of the status and analysis of issues; and (3) publish information on the company concerning women’s participation and advancement in the workplace. These initiatives were enhanced with the partial revision of the Women’s Participation Act in May 2019.
With respect to the environment, corporate initiatives are being promoted with the establishment of the Environmental Reporting Guidelines. In August 2020, the “Introductory Guide on Environmental Due Diligence along the Value Chains: Referencing the OECD Guidance” was issued as a manual, including points to note in conducting environmental due diligence in relation to risk management and value chain management stated in the Environmental Reporting Guidelines. The Guidelines state that human rights are integral to address some measures regarding environmental issues, and explains that environmental due diligence is required as part of responsible business conduct and integrated with human rights.
In terms of awareness-raising activities and support, studies and research have been conducted by relevant institutions, including the Institute of Developing Economies of the Japan External Trade Organization (IDE-JETRO) and the Business Policy Forum, Japan. The results have been issued for the benefit of business enterprises.
For Japanese business enterprises engaging in overseas businesses, contact points for Japanese business enterprises (Japanese business support officers) have been established at Japanese embassies and consulates to enhance support for Japanese business enterprises’ overseas expansion.
Among international organizations, ILO provides information to both company managers and workers on how to better align business operations with international labour standards and build good industrial relations through the ILO Helpdesk for Business on International Labour Standards.
In addition to the above, international initiatives, including the Extractive Industries Transparency Initiative and measures against Illegal, Unreported and Unregulated fishing are being implemented, and Japan makes an active contribution to such initiatives.
(Future measures planned)
(a) Publicize the NAP and raise awareness of human rights due diligence among Japanese business enterprises in cooperation with industry groups and other relevant bodies
- Promote responsible business conduct by publicizing the NAP among corporations and raising awareness of human rights due diligence, including in supply chains, among industry groups and other relevant bodies. [All Ministries]
(b) Continue to raise awareness on the OECD Guidelines for Multinational Enterprises
- Continue to raise awareness on the OECD Guidelines for Multinational Enterprises in cooperation with relevant organizations to promote responsible business conduct. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]
(c） Raise awareness on the ILO Declaration and ILO MNE Declaration
- Continue to raise awareness on the ILO Declaration and the ILO MNE Declaration on the websites of relevant ministries and agencies in cooperation with relevant organizations. [Ministry of Health, Labour and Welfare]
(d）Publicize the NAP and raise awareness of human rights due diligence to Japanese business enterprises operating overseas via Japanese embassies, consulates, and overseas offices of government-related entities
- Publicize the NAP and raise awareness of human rights due diligence with possible cooperation with local agencies and organizations by Japanese embassies and consulates. In so doing, sufficient attention is to be paid to the issue of protection of human rights of workers in supply chains, including the socially vulnerable such as women and children. [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]
(e） Raise awareness on the Guidance for Collaborative Value Creation
Continue to boost efforts to raise awareness of the Guidance for Collaborative Value Creation, which is useful for holding dialogue and disclosure relating to non-financial information, including ESG factors for investors and corporate managers and directors. The Guidance can be used as a guide for voluntary and proactive initiatives of companies. [Ministry of Economy, Trade and Industry]
( f ）Steadily implement the Act on the Promotion of Women’s Participation and Advancement in the Workplace
- The revised Act was adopted and enacted at the ordinary parliamentary session in 2019 (effective from June 1, 2020). The expansion of the Act’s scope (to be effective from April 1, 2022) included: expansion of the obligation to develop action plans and to have information disclosure for business enterprises employing 101 or more employees, and the obligation to reinforce information disclosure applied to business enterprises employing 301 or more employees. Going forward, disseminate information on the contents of the revision, and provide support for SMEs to develop action plans for smooth implementation of the revised Act. [Ministry of Health, Labour and Welfare]
(g）Promote information disclosure by business enterprises in accordance with the Environmental Reporting Guidelines
- Promote understanding of environmental due diligence and information disclosure by publicizing the Introductory Guide on Environmental Due Diligence issued in August 2020. [Ministry of the Environment]
(h）Support initiatives by international organizations overseas
- Continue to provide support for efforts, including voluntary contributions to the ILO, such as promoting decent work of workers at the lower tiers of global supply chains and disseminating good practices discovered through those activities. [Ministry of Health, Labour and Welfare, line Ministries]
C. Support for Small and Medium Enterprises (SMEs) regarding Business and Human Rights
(…)
(Future measures planned)
(…)
(b) Conduct seminars targeting SMEs in cooperation with economic organizations and civil society
- Continue to implement human rights education and awareness-raising seminars for business enterprises targeting SMEs as part of the project called the Support for Human Resources Development in SMEs and enhance understanding for human rights due diligence. [Ministry of Economy, Trade and Industry]
Chapter 3. Government’s Expectations towards Business Enterprises
(…)
(2)The Government expects Japanese enterprises, regardless of their size and sector of industry, to respect internationally recognized human rights and the principles concerning the fundamental rights set out in the ILO Declaration; introduce the process of human rights due diligence based on the UNGPs and other related international standards; and engage in dialogue with stakeholders, including those that are part of supply chains. Furthermore, the Government expects Japanese business enterprises resolve issues through effective grievance mechanisms.
Chapter 4. Framework for Implementation and Review of the NAP
4. The Inter-Ministerial Committee will, particularly during the first year, discuss the following points. For this, the Inter-Ministerial Committee will promptly commence its work after the launch of the NAP.
- Consider methods for effective and sustainable follow-up (including the discussion on appropriate evaluation indicators).
- Consider what information is sought by business enterprises in corporation with industry groups and other organizations to ensure that the implementation of the NAP contributes to the introduction of human rights due diligence by business enterprises, as indicated in Chapter 3 under “Government’s Expectations towards Business Enterprises.” Examples of such information could include successful and problematic cases and necessary steps to take going forward. The aforementioned “implementation of the NAP” particularly refers to publication of and awareness-raising for the NAP, and provision of information on the NAP for business enterprises, as mentioned in Chapter 2.2. Areas of the NAP (3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights.
- Consider providing opportunities for business enterprises to air their views in cooperation with industry groups and other organizations, to monitor to what extent human rights due diligence has been promoted as a result of the formulation and implementation of the NAP.
Migrant workers
Chapter 1. Towards the Formulation of the National Action Plan (NAP)
2. Positioning of the NAP: Links with International Documents, including the UNGPs and the Sustainable Development Goals (SDGs)
(3) The Cabinet-approved Growth Strategy 2018 in June 2018 also refers to encouraging progressive undertakings by companies in Japan through the NAP formulation process. The Growth Strategy further refers to protecting human rights through the development of an environment for accepting foreign nationals, including the improvement of their working environments.
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
C. Labour (Promotion of Decent Work)
(Existing framework/Measures taken）
Along with globalization, increasing attention has been brought to the treatment of foreign workers. Appropriate implementation of the Technical Intern Training Program and protection of technical intern trainees are being promoted based on the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees (Technical Intern Training Act) (Act No. 89 of 2016) enacted in November 2017 as well as on bilateral agreements with sending countries.
(Future measures planned)
(…)
(c) Protect and respect the rights of workers, including foreign workers and technical intern trainees
- To employers of foreign workers, disseminate and raise awareness on compliance with labour laws and the Guidelines for Employers to Improve the Management of Employment of Foreign Workers (Public Notice of the Ministry of Health, Labour and Welfare No. 276 of 2007) through seminars and other measures. [Ministry of Health, Labour and Welfare]
- Continue to implement multi-lingual services for foreign workers at Prefectural Labour Bureaus, Public Employment Security Offices, and Labour Standards Inspection Offices. [Ministry of Health, Labour and Welfare]
F. Acceptance of and Coexistence with Foreign Nationals
(Existing framework/Measures taken）
In recent years, the number of foreign nationals residing and working in Japan has been increasing, and there is a greater need for realizing a society where Japanese and foreign nationals can live safely and comfortably together through properly accepting foreign nationals and realizing a society of coexistence. Under these circumstances, the Government has taken the position of accepting foreign nationals who have status of residence, including Convention refugees and third-country resettled refugees as members of society without isolating them. To fully develop an environment where foreign nationals can enjoy the same public services and live without undue anxiety just as Japanese nationals do, the Ministerial Conference adopted the “Comprehensive Measures for Acceptance and Coexistence of Foreign nationals” (hereinafter referred to as “Comprehensive Measures”) in December 2018, and compiled a further document titled “Enhancement of “Comprehensive Measures” (hereinafter referred to as “Enhancement Measures”) in June 2019. The Comprehensive Measures were revised in line with the direction of the Enhancement Measures in December 2019, under which the Government has worked together to steadily promote the relevant measures.
Moreover, in July 2020, in consideration of the situation of implementation of related measures, the Comprehensive Measures were revised from the perspective of further enhancing and encouraging the environment for acceptance of foreign nationals.
（Future measures planned）
Improve and promote the development of an environment for acceptance of foreign nationals leading to realize a society of harmonious coexistence
- To realize a society of harmonious coexistence, the Government continues to steadily implement, promote and disseminate the measures related to various situations in life incorporated in the Comprehensive Measures (revised in 2020), including measures that contribute to business and human rights, while listening to the opinions of relevant parties. [Cabinet Secretariat, Cabinet Office, National Police Agency, Financial Services Agency, Consumer Affairs Agency, Fair Trade Commission, Ministry of Internal Affairs and Communications, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Education, Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry, Ministry of Land, Infrastructure, Transport and Tourism]
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(…)
(Future measures planned)
(…)
(f) Continue and reinforce measures, including those based on specific legislation ( for workers, persons with disabilities, and foreign workers, including technical intern trainees, and for whistleblower protection)
- In accordance with the Technical Intern Training Act, continue to report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare. Provide counseling by the Organization for Technical Intern Training to technical intern trainees in their native languages, and support transfer of workplace when human rights violations occur and technical intern trainees find it difficult to undertake training. [Ministry of Justice, Ministry of Health, Labour and Welfare]
National Human Rights Institutions/ Ombudspersons
‘Japan’s NAP does not explicitly address this issue’
Read more about National Human Rights Institutions/ Ombudspersons
Non-financial reporting
Chapter 2. Action Plan
2. Areas of the NAP
(3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Existing framework/Measures taken）
(…)
Japan’s Stewardship Code and Corporate Governance Code refer to grasping the status of investee companies and corporate information disclosure to promote sustainability initiatives, including elements of ESG issues. In addition, the Stewardship Code, which was revised again in March 2020 also includes reference to consideration on sustainability when holding dialogue between institutional investors and investee companies. Furthermore, the Guidance for Collaborative Value Creation was published as a guideline for dialogue and disclosure on voluntary and proactive initiatives of companies on non-financial information, including ESG factors.
(Future measures planned)
(…)
(e） Raise awareness on the Guidance for Collaborative Value Creation
- Continue to boost efforts to raise awareness of the Guidance for Collaborative Value Creation, which is useful for holding dialogue and disclosure relating to non-financial information, including ESG factors for investors and corporate managers and directors. The Guidance can be used as a guide for voluntary and proactive initiatives of companies. [Ministry of Economy, Trade and Industry] …
(g）Promote information disclosure by business enterprises in accordance with the Environmental Reporting Guidelines
- Promote understanding of environmental due diligence and information disclosure by publicizing the Introductory Guide on Environmental Due Diligence issued in August 2020. [Ministry of the Environment]
Non-judicial grievance mechanisms
Chapter 2. Action Plan
1. Fundamental Principles of the NAP
(…)
- Remedial procedures (judicial and non-judicial remedies) have been established to address human rights violations in business activities. The Government intends to continue to assure access to judicial remedies and make improvements where necessary. It also utilizes multiple efforts regarding non-judicial remedies, including consulting services based on specific laws and regulations (e.g., workers, persons with disabilities, and consumers) as well as remedial procedures. These include the Japan Bank for International Cooperation (JBIC) Guidelines for Confirmation of Environmental and Social Considerations, the Japan International Cooperation Agency (JICA) Guidelines for Environmental and Social Considerations, the Nippon Export and Investment Insurance (NEXI) Guidelines on Environmental and Social Considerations in Trade Insurance, and the Japanese National Contact Point (NCP) under the OECD Guidelines for Multinational Enterprises (the Japanese NCP). The Government intends to secure access to these nonjudicial remedies and make improvements where necessary.
2. Areas of the NAP
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
（ Existing framework/Measures taken）
Non-judicial remedies such as the following have been established: consulting services based on individual legislation (e.g., workers, persons with disabilities, consumers); remedial procedures such as Objection Procedures Based on JBIC (Japan Bank for International Cooperation) Guidelines for Confirmation of Environmental and Social Considerations, JICA (Japan International Cooperation Agency) Objection Procedures Based on Guidelines for Environmental and Social Considerations, and NEXI (Nippon Export and Investment Insurance) Objection Procedures on Guidelines on Environmental and Social Considerations in Trade Insurance; and the Japanese NCP under the OECD Guidelines for Multinational Enterprises based on the international framework. In addition, pursuant to the Act on Promotion of Use of Alternative Dispute Resolution (Act No.151 of 2004) private dispute resolution procedure services (mediation conducted by private enterprises) are certified. This Act prescribes special rules such as suspension of prescription and discontinuation of litigation proceedings that can be applied subject to certain requirements when using the aforementioned services, thereby improving their utility. Furthermore, human rights consulting services and relief procedures are being offered at Legal Affairs Bureaus and District Legal Affairs Bureaus.
As measures based on specific legislation, frameworks have been established in specific areas, including for workers and persons with disabilities.
Consultations involving consumer complaints and mediation for the settlement of consumer complaints are also being provided under the Consumer Safety Act (Act No. 50 of 2009).
(Future measures planned)
(…)
(c）Publicize activities and improve operation of the Japanese NCP under the OECD Guidelines for Multinational Enterprises
- Enhance and facilitate cooperation among the three ministries in charge in accordance with the OECD Guidelines for Multinational Enterprises and perform appropriate functions as the Japanese NCP. In particular, make procedures more transparent, while securing fairness and impartiality, and continue public relations activities. In so doing, pay attention to the perspectives of gender and respect for human rights in supply chains. Cooperate with the Japanese NCP Committee comprising the Government, labour, and management, and seek advice from experts where necessary. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]
(d) Continue human rights counseling (Human Rights Hotline and other relevant counseling sessions, including telephone counseling)
- Provide human rights counseling in ten foreign languages by Human Rights Counseling Centers for Foreigners. Dedicated hotlines have also been established for protecting the human rights of women and children. [Ministry of Justice]
(…)
(g) Promote use of alternative dispute resolution procedures
- As a contribution to the improvement of access to remedy related to issues and human rights abuse by business activities, provide support such as disseminating information to promote the use of certified dispute resolution procedures under the Act on Promotion of Use of Alternative Dispute Resolution [Ministry of Justice] and other initiatives provided by various stakeholders [All Ministries]
(h) Continue the provision of grievance redress services in development cooperation and development financing
- To ensure compliance with the Guidelines for Environmental and Social Considerations, JICA (Japan International Cooperation Agency) has established and continues to provide a system where affected residents can file objections to non-compliance with the guidelines. In case an objection is filed, Examiners for the Guidelines, who are independent of departments responsible for specific projects, will investigate the facts concerning compliance/non-compliance, encourage dialogues between the parties concerned for resolution of disputes, report the results directly to the President of JICA, and disclose the result on JICA’s website. [Ministry of Foreign Affairs]
- To ensure compliance with the Guidelines for Confirmation of Environmental and Social Considerations, JBIC (Japan Bank for International Cooperation) has established and continues to provide a procedure for raising objections to non-compliance with the guidelines. The request to raise objections can be submitted by the country’s residents to be affected by the project, and an Examiner for Environmental Guidelines as an organ independent of departments responsible for lending or investment operations will make a determination, with the result to be disclosed publicly. [Ministry of Finance]
- JICA (Japan International Cooperation Agency) and JBIC (Japan Bank for International Cooperation) are to continue enhancing effectiveness through through operational improvement. [Ministry of Foreign Affairs, Ministry of Finance]
OECD National Contact Points
Chapter 2. Action Plan
1. Fundamental Principles of the NAP
(…)
(5) Remedial procedures (judicial and non-judicial remedies) have been established to address human rights violations in business activities. The Government intends to continue to assure access to judicial remedies and make improvements where necessary. It also utilizes multiple efforts regarding non-judicial remedies, including consulting services based on specific laws and regulations (e.g., workers, persons with disabilities, and consumers) as well as remedial procedures. These include … the Japanese National Contact Point (NCP) under the OECD Guidelines for Multinational Enterprises (the Japanese NCP). The Government intends to secure access to these nonjudicial remedies and make improvements where necessary.
2. Areas of the NAP
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(Future measures planned)
(…)
(c）Publicize activities and improve operation of the Japanese NCP under the OECD Guidelines for Multinational Enterprises
- Enhance and facilitate cooperation among the three ministries in charge in accordance with the OECD Guidelines for Multinational Enterprises and perform appropriate functions as the Japanese NCP. In particular, make procedures more transparent, while securing fairness and impartiality, and continue public relations activities. In so doing, pay attention to the perspectives of gender and respect for human rights in supply chains. Cooperate with the Japanese NCP Committee comprising the Government, labour, and management, and seek advice from experts where necessary. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]
Persons with disabilities
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)
(Existing framework/Measures taken）
The Constitution of Japan sets forth the principle of equality before the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. Various laws have prohibited discrimination, as stated below.
With respect to persons with disabilities, the Act for Eliminating Discrimination against Persons with Disabilities (Act No. 65 of 2013, hereinafter referred to as the “Disability Discrimination Act”) prohibits governments and businesses from engaging in unfair discriminatory treatment on the grounds of disability, and prescribes that they are required to provide reasonable accommodation (companies must endeavor to provide reasonable accommodation). The Act on Employment Promotion Etc. of Persons with Disabilities (Act No. 123 of 1960) prohibits businesses from taking discriminatory measures in the area of employment based on disability and requires provision of reasonable accommodation.
(…)
In the area of employment, Article 22 of the Constitution of Japan prescribes that “every person shall have freedom to … choose his occupation to the extent that it does not interfere with the public welfare.” In addition, the freedom of choice of occupation is guaranteed in both the Employment Security Act (Act No. 141 of 1947), which prescribes that “every person may freely choose any job, provided that it does not conflict with the public welfare,” and the Mariners’ Employment Security Act (Act No. 130 of 1948), which prescribes that “every person may freely choose occupation as a mariner on an appropriate vessel corresponding to the person’s ability and license or certificate in possession, or qualifications based on trainings received or experience.”
Unfair or discriminatory treatment against particular users is prohibited within the areas of residence, places or services intended for public use (hotels, restaurants, cafes, cinemas, and use of transportation).
(Future measures planned)
(a) Promote barrier-free and universal design
- Promote initiatives, including various public relations and awareness-raising activities based on the Disability Discrimination Act. [Cabinet Office]
- Promote accessibility across Japan by preparing and distributing a nationally consistent reception manual and implementing training for transportation, tourism, logistics restaurants and industries, and other industries.[Japan Tourism Agency]
- Raise the level of barrier-free standards across Japan through steady implementation of the Act for Partial Revision of the Act on Promotion of Smooth Transportation, Etc. of Elderly Persons, Disabled Persons, Etc. (Act No.28 of 2020), such as the revision of Transport Accessibility Standards and Guidelines, and the revision of the Design Guidelines of Buildings for Users with Accessibility Needs. [Ministry of Land, Infrastructure, Transport and Tourism]
- Implement various human rights awareness-raising activities to realize a society of coexistence with mutual respect for individuality and character regardless of disability. [Ministry of Justice]
(b）Promote employment of persons with disabilities
- Promote initiatives to increase opportunities for persons with disabilities to play an active role as a measure introduced under the Revised Act on Employment Promotion Etc. of Persons with Disabilities of 2019. As a measure for the public services sector, this includes making it incumbent on persons with appointive power at national and local government agencies to prepare and publish the Guidelines for Formulation of the Plan on Promoting Dynamic Engagement of Persons with Disabilities. As a measure for employers in the private sector, this includes the establishment of an accreditation system for SMEs with excellent initiatives concerning employment of persons with disabilities, and a special benefits system for employers who employ part-time workers whose weekly working hours are within a certain range. [Ministry of Health, Labour and Welfare]
- In employment of persons with disabilities, consideration will be given to individuals who are vulnerable to intersectional human rights violations, such as women with disabilities. [Ministry of Health, Labour and Welfare]
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
A. Public Procurement
（ Existing framework/Measures taken）
As measures that have already been conducted, the public procurement procedures have been implemented appropriately, including the implementation of international commitments, in accordance with various laws and regulations, including the Public Accounting Act (Act No. 35 of 1947).
In particular, the Government has promoted enhanced awareness by companies for respecting human rights and the environment in accordance with the Act on Promotion of Procurement of Goods and Services from Disability Employment Facilities by the State and Other Entities (Act No. 50 of 2012, hereinafter referred to as the “Act on Priority Procurement Promotion for Persons with Disabilities”), the Women’s Participation Act, the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No.77 of 1991), and the Act on Promotion of Procurement of Eco-Friendly Goods and Services by the State and Other Entities (Act No. 100 of 2000, hereinafter referred to as the “Act on Promoting Green Procurement”).
(…)
（Future measures planned）
Thoroughly implement procurement rules relevant to business and human rights, including grievance procedures (initiatives based on Act on Priority Procurement Promotion for Persons with Disabilities, initiatives related to public procurement based on Article 24 of the Women’s Participation Act, and initiatives concerning exclusion of organized crime groups)
- Continue to promote the self-reliance of persons with disabilities working at the facilities for persons with disabilities and of those working at home through steady implementation of the Act on Priority Procurement Promotion for Persons with Disabilities. [All Ministries]
B. Development Cooperation and Development Finance
(Existing framework/Measures taken）
…. When engaging in development cooperation projects, internationally established human rights standards, including the international human rights treaties, have been respected. Particular attention has been paid to human rights of socially vulnerable groups, such as … persons with disabilities,…. Nevertheless, further efforts are required in this regard.
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
（ Existing framework/Measures taken）
(…)
Non-judicial remedies such as the following have been established: consulting services based on individual legislation (e.g., workers, persons with disabilities, consumers);
(…)
As measures based on specific legislation, frameworks have been established in specific areas, including for workers and persons with disabilities.
(…)
(Future measures planned)
(…)
(g) Continue and reinforce measures, including those based on specific legislation (for workers, persons with disabilities, and foreign workers, including technical intern trainees, and for whistleblower protection)
- In accordance with the Technical Intern Training Act, continue to report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare. Provide counseling by the Organization for Technical Intern Training to technical intern trainees in their native languages, and support transfer of workplace when human rights violations occur and technical intern trainees find it difficult to undertake training. [Ministry of Justice, Ministry of Health, Labour and Welfare]
Policy coherence
Chapter 1. Towards the Formulation of the National Action Plan (NAP) (Background and Working Process)
1. Introduction: Increasing International Attention to Business and Human Rights and the Need for NAPs
(…)
- Nevertheless, further efforts are required, considering the current increasing social demands regarding business and human rights. Against this background, the Government launched Japan’s National Action Plan (NAP) on Business and Human Rights. By arranging various legislative measures and policies contributing to the protection of human rights that were implemented individually by the relevant ministries and agencies, from the perspective of the business and human rights principles, the Government endeavors to contribute to the promotion of shared recognition and understanding among the relevant ministries and agencies, to enhance cooperation among the relevant ministries and agencies, and to ensure interministerial policy coherence. Through the wide publication of the NAP, the Government aims to enhance business enterprises’ understanding and awareness of business and human rights and to promote more efforts and cooperation by and among business enterprises. Through these measures, the Government expects to promote responsible business activities; contribute to the protection and promotion of human rights for society as a whole, including international society; enhance trust in and the reputation of Japanese business enterprises; and contribute to ensuring and enhancing the international competitiveness and sustainability of Japanese business enterprises.
3. Objectives to be Achieved through the Launch and Implementation of the NAP
As stated in Section 1 “Introduction: Increasing International Attention to Business and Human Rights and the Need for NAPs,” the Government endeavors to promote shared recognition and understanding among the relevant ministries and agencies, to ensure inter-ministerial policy coherence, and to enhance cooperation. Through the wide publication of the NAP, the Government aims to enhance business enterprises’ understanding and awareness of business and human rights, and to promote more efforts and cooperation by and among business enterprises. Through these measures, the Government aims to promote responsible business activities; contribute to the protection and promotion of human rights for society as a whole, including international society; and enhance trust in and the reputation of Japanese business enterprises while contributing to ensuring and enhancing their international competitiveness and sustainability. Further details are provided below.
(…)
（2）To ensure policy coherence in relation to business and human rights
With society placing increasing emphasis on business and human rights, business enterprises are required to ensure that their business activities comply with relevant laws and regulations. At the same time, the Government places emphasis on endeavoring to further improve the effectiveness of policies by ensuring coherence of relevant policies and enhancing inter-ministerial cooperation. In relation to this, the NAP aims to clarify relevant laws, regulations, policies, and future measures planned to promote inter-ministerial cooperation.
Chapter 2. Action Plan
1. Fundamental Principles of the NAP
(2) In promoting understanding and awareness of business and human rights among government ministries and agencies, government-related entities, and local public entities, it is important to ensure coherence of legislation and policies and to enhance inter-ministerial cooperation.
2. Areas of the NAP
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
C. Promotion and Expansion of the Business and Human Rights Agenda in the International Community
(Existing framework/Measures taken）
Considering the Government fundamentally values the protection and promotion of fundamental human rights that are universal values, the Government has engaged in the implementation of international human rights treaties at national level. The Government has actively participated in activities and discussions at the HRC and international human rights treaty bodies, contributed to the protection and promotion of human rights in the international community such as the UN human rights mechanisms, and moreover, engaged in human rights dialogue with several countries. In the areas directly related to business activities, the Government has incorporated clauses concerning social issues, including labour and the environment in some of the EPAs and investment treaties that Japan has signed or ratified in a manner consistent with trade rules such as those of the World Trade Organization (WTO), and promoted shared understanding between signatories on values to be respected, such as securing appropriate labour standards and conditions and protection of the environment. For example, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP11 Agreement) includes an independent Labour Chapter and Environment Chapter as well as provisions on women’s participation, and the Japan-EU Economic Partnership Agreement (EPA) includes a Trade and Sustainable Development Chapter. On top of this, the Japan-EU EPA also stipulates that the parties shall convene joint dialogue with civil society, establishing that civil society shall play a certain role through exchange of opinions on themes such as trade and sustainable development, the environment, and labour.
(Future measures planned)
(a）Work towards promoting implementation of the UNGPs in the international community through discussion at UN human rights mechanisms such as the HRC [Ministry of Foreign Affairs]
(b） Boost efforts to promote business and human rights through human rights dialogue with other governments [Ministry of Foreign Affairs]
(c） Continue to contribute to discussions regarding relations between economic activities and social issues, at international forums, including international organizations such as the OECD and the World Bank [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]
(d）Continue to make efforts towards concluding EPAs and investment agreements that benefit not only industry but also a wide range of people, including workers [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry]
(e）Periodically continue joint dialogue with civil society under the Japan-EU EPA (first dialogue held in January 2020) [Ministry of Foreign Affairs]
Privatisation
‘Japan’s NAP does not explicitly address this issue’
Public procurement
Chapter 2. Action Plan
2. Areas of the NAP
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
A. Public Procurement
(Existing framework/Measures taken）
As measures that have already been conducted, the public procurement procedures have been implemented appropriately, including the implementation of international commitments, in accordance with various laws and regulations, including the Public Accounting Act (Act No. 35 of 1947).
In particular, the Government has promoted enhanced awareness by companies for respecting human rights and the environment in accordance with the Act on Promotion of Procurement of Goods and Services from Disability Employment Facilities by the State and Other Entities (Act No. 50 of 2012, hereinafter referred to as the “Act on Priority Procurement Promotion for Persons with Disabilities”), the Women’s Participation Act, the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No.77 of 1991), and the Act on Promotion of Procurement of Eco-Friendly Goods and Services by the State and Other Entities (Act No. 100 of 2000, hereinafter referred to as the “Act on Promoting Green Procurement”).
Furthermore, the revision of the Act on Promoting Quality Assurance in Public Works (Act No. 18 of 2005) in 2019 set forth the obligations of the commissioning entity, such as setting appropriate periods for construction projects and ensuring that they are allocated evenly throughout the year as opposed to being concentrated in the same period. The revision also included a new requirement for a wide range of surveys regarding public works to be carried out. In addition to this, the Construction Business Act (Act No. 100 of 1949) and the Act for Promoting Proper Tendering and Contracting for Public Works (Act No. 127 of 2000) were revised in 2019 to promote work style reform in the construction industry, including redressing long working hours (e.g. appropriate construction period) and improvement of treatment of workers at construction sites.
(Future measures planned）
Thoroughly implement procurement rules relevant to business and human rights, including grievance procedures (initiatives based on Act on Priority Procurement Promotion for Persons with Disabilities, initiatives related to public procurement based on Article 24 of the Women’s Participation Act, and initiatives concerning exclusion of organized crime groups)
- Continue to promote the self-reliance of persons with disabilities working at the facilities for persons with disabilities and of those working at home through steady implementation of the Act on Priority Procurement Promotion for Persons with Disabilities. [All Ministries]
- Continue to promote measures to exclude organized crime groups from public works, etc in accordance with the Initiative on Exclusion of Organized Crime Groups from Public Works, etc. (Agreement by the Working Team on Comprehensive Measures, Including the Control of Organized Crime Groups dated December 4, 2009). [All Ministries]
- Continue to award additional points to business enterprises with certification under the Women’s Participation Act and other laws, when the Government and incorporated administrative agencies use criteria other than price (in the procurement procedures applying to the overall‐greatest‐ value evaluation method and the competitive proposal evaluation method). The aforementioned certification is provided to business enterprises promoting measures, such as work-life balance. This scheme is being implemented in accordance with the Guidelines for Utilization of Public Procurement and Subsidies Towards the Promotion of Women’s Advancement (decided by the Headquarters for Creating a Society in Which All Women Shine on March 22, 2016) and other criteria. [Cabinet Office]
- Continue to promote work style reform in the construction industry to deepen understanding of the purpose of the Act on Promoting Quality Assurance in Public Works, Construction Business Act, the Act for Promoting Proper Tendering and Contracting for Public Works, and the guidelines for these acts. [Ministry of Land, Infrastructure, Transport and Tourism]
B. Development Cooperation and Development Finance
(…)
(Future measures planned)
Implement effective measures regarding environmental and social consideration in the fields of development cooperation and development financing
(…)
- Continue to promote efforts to incorporate respect for human rights into all aspects of the procurement process, including procurement requirements, screening and selection, and contract terms. [Ministry of Foreign Affairs, Ministry of Finance]
Security sector
‘Japan’s NAP does not explicitly address this issue’
Small & medium-sized enterprises
Chapter 2. Action Plan
1. Fundamental Principles of the NAP
(3) To ensure that business enterprises understand and comply with relevant legislation and policies, it is vital to promote their understanding and awareness of business and human rights. In particular, promoting understanding and awareness among SMEs, which have limited human and physical resources, is critical to increasing the effectiveness of the NAP. (…)
2. Areas of the NAP
(1) Cross-cutting areas
E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)
(…)
(Future measures planned)
(…)
(b）Promote employment of persons with disabilities
- Promote initiatives to increase opportunities for persons with disabilities to play an active role as a measure introduced under the Revised Act on Employment Promotion Etc. of Persons with Disabilities of 2019. As a measure for the public services sector, this includes making it incumbent on persons with appointive power at national and local government agencies to prepare and publish the Guidelines for Formulation of the Plan on Promoting Dynamic Engagement of Persons with Disabilities. As a measure for employers in the private sector, this includes the establishment of an accreditation system for SMEs with excellent initiatives concerning employment of persons with disabilities, and a special benefits system for employers who employ part-time workers whose weekly working hours are within a certain range. [Ministry of Health, Labour and Welfare]
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
D. Human Rights Education and Awareness-Raising
(Existing framework/Measures taken）
The Government has developed the Basic Plan on Human Rights Education and Human Rights Awareness Raising pursuant to the Act on the Promotion of Human Rights Education and Human Rights Awareness-Raising (Act No.147 of 2000), based on which it has been promoting various forms of human rights education and awareness-raising. In particular, human rights education and awareness-raising seminars for SMEs have been organized across Japan to broaden awareness of business and human rights among businesses.
(Future measures planned)
(…)
(d) Continue awareness-raising seminars for SMEs
- Continue to implement human rights education and awareness-raising seminars for business enterprises especially targeting SMEs as part of the Support for Human Resources Development in SMEs. [Ministry of Economy, Trade and Industry]
(3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Future measures planned)
(…)
(f) Steadily implement the Act on the Promotion of Women’s Participation and Advancement in the Workplace
- The revised Act was adopted and enacted at the ordinary parliamentary session in 2019 (effective from June 1, 2020). The expansion of the Act’s scope (to be effective from April 1, 2022) included: expansion of the obligation to develop action plans and to have information disclosure for business enterprises employing 101 or more employees, and the obligation to reinforce information disclosure applied to business enterprises employing 301 or more employees. Going forward, disseminate information on the contents of the revision, and provide support for SMEs to develop action plans for smooth implementation of the revised Act. [Ministry of Health, Labour and Welfare]
B. Support for Small and Medium Enterprises (SMEs) regarding Business and Human Rights
(Existing framework/Measures taken）
SMEs play an important role in Japan’s economy, providing most employment and contributing to local communities and the lives of residents as the key player in society, while also having a role in supply chains. Because SMEs include a wide range of companies in terms of size, sector, and business category, the Government will implement business and human rights efforts with input from the SMEs that reflects the diversity of these enterprises. The Government also recognizes the need to engage in awareness-raising activities to increase understanding and implementation by SMEs, while also being considerate of SMEs’ position in business transactions.
(Future measures planned)
(a) Provide information to SMEs through the portal site on business and human rights
- Set up a portal site with centralized information related to business and human rights to promote efforts regarding business and human rights made by SMEs. [Ministry of Foreign Affairs]
(b) Conduct seminars targeting SMEs in cooperation with economic organizations and civil society
- Continue to implement human rights education and awareness-raising seminars for business enterprises targeting SMEs as part of the project called the Support for Human Resources Development in SMEs and enhance understanding for human rights due diligence. [Ministry of Economy, Trade and Industry]
(c) Include policies regarding business terms and conditions and improvement of business practices
- Continue to boost efforts to improve transaction terms and practices to prevent main contractors from forcing subcontractors to absorb their expenses. [Ministry of Economy, Trade and Industry]
State Owned Enterprises/ Public Private Partnerships
‘Japan’s NAP does not explicitly address this issue’
Read more about State Owned Enterprises/ Public Private Partnerships
Supply chains
Chapter 1. Towards the Formulation of the National Action Plan (NAP) (Background and Working Process)
1. Introduction: Increasing International Attention to Business and Human Rights and the Need for NAPs
(4) In response to the growing awareness of business and human rights principles, there has been an increasing trend, primarily in the United States and Europe, to introduce legislation requesting business enterprises to respect human rights, including in supply chains.
(…)
(6) In response to the global trend, business enterprises are expected to demonstrate respect for human rights in business activities. Particularly, for business enterprises operating overseas, an international trend shows that business activities are evaluated in light of international standards, in addition to compliance with the laws and regulations of the countries where they operate. Consequently, business enterprises themselves are faced with a need to identify and address human rights-related risks in their business operations, including in supply chains.
(…)
(7) (…) In response to the COVID-19 pandemic, OECD and ILO indicated that COVID-19 exposed vulnerabilities in company operations and supply chains regarding working conditions. Considering these global trends, the Government believes that it is more important than ever to steadily implement the UNGPs and the NAP to ensure responsible business activities with a view to promoting further efforts to realize the SDGs based on the principle of human security.
Chapter 2. Action Plan
1. Fundamental Principles of the NAP
(…)
(4) With the globalization and diversification of business activities, business enterprises need to note that the international community demands business enterprises to not only implement good practices in business and human rights within their own organization, but also to respect human rights in their domestic and global supply chains. Accordingly, the Government will strive to develop concrete mechanisms to promote human rights within business, utilizing tools provided by international organizations, existing information disclosure frameworks, and initiatives for providing information to business enterprises.
2. Areas of the NAP
(2) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Existing framework/Measures taken）
With increased interest in responsible business conduct, the OECD Guidelines for Multinational Enterprises, which Japan adheres to, added a new chapter on business responsibility on respect for human rights in its 2011 edition. In addition, OECD has launched due diligence guidance specific to sectors such as minerals, agriculture, garments, and footwear. In 2018, the OECD Due Diligence Guidance for Responsible Business Conduct was published as a practical tool that businesses can use regardless of the sector. The Government has been engaged in promoting the above Guidelines and Guidance to businesses.
The ILO promotes dialogue and cooperation between business enterprises and stakeholders based on the ILO MNE Declaration, which is a guideline for achieving decent work through supply chains, and this is considered as an initiative that mutually supplements human rights due diligence. In this connection, the Government raises awareness of the ILO MNE Declaration.
… the Guidance for Collaborative Value Creation was published as a guideline for dialogue and disclosure on voluntary and proactive initiatives of companies on non-financial information, including ESG factors.
(…)
With respect to the environment, corporate initiatives are being promoted with the establishment of the Environmental Reporting Guidelines. In August 2020, the “Introductory Guide on Environmental Due Diligence along the Value Chains: Referencing the OECD Guidance” was issued as a manual, including points to note in conducting environmental due diligence in relation to risk management and value chain management stated in the Environmental Reporting Guidelines. The Guidelines state that human rights are integral to address some measures regarding environmental issues, and explains that environmental due diligence is required as part of responsible business conduct and integrated with human rights.
(…)
(Future measures planned)
(a）Publicize the NAP and raise awareness of human rights due diligence among Japanese business enterprises in cooperation with industry groups and other relevant bodies
- Promote responsible business conduct by publicizing the NAP among corporations and raising awareness of human rights due diligence, including in supply chains, among industry groups and other relevant bodies. [All Ministries]
(b) Publicize the NAP and raise awareness of human rights due diligence to Japanese business enterprises operating overseas via Japanese embassies, consulates, and overseas offices of government-related entities
- Publicize the NAP and raise awareness of human rights due diligence with possible cooperation with local agencies and organizations by Japanese embassies and consulates. In so doing, sufficient attention is to be paid to the issue of protection of human rights of workers in supply chains, including the socially vulnerable such as women and children. [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]
(e)Raise awareness on the Guidance for Collaborative Value Creation
- Continue to boost efforts to raise awareness of the Guidance for Collaborative Value Creation, which is useful for holding dialogue and disclosure relating to non-financial information, including ESG factors for investors and corporate managers and directors. The Guidance can be used as a guide for voluntary and proactive initiatives of companies. [Ministry of Economy, Trade and Industry]
(…)
(h)Support initiatives by international organizations overseas
- Continue to provide support for efforts, including voluntary contributions to the ILO, such as promoting decent work of workers at the lower tiers of global supply chains and disseminating good practices discovered through those activities. [Ministry of Health, Labour and Welfare, line Ministries]
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(Future measures planned)
(…)
(c) Publicize activities and improve operation of the Japanese NCP under the OECD Guidelines for Multinational Enterprises
- Enhance and facilitate cooperation among the three ministries in charge in accordance with the OECD Guidelines for Multinational Enterprises and perform appropriate functions as the Japanese NCP. In particular, make procedures more transparent, while securing fairness and impartiality, and continue public relations activities. In so doing, pay attention to the perspectives of gender and respect for human rights in supply chains. Cooperate with the Japanese NCP Committee comprising the Government, labour, and management, and seek advice from experts where necessary. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]
Chapter 3. Government’s Expectations towards Business Enterprises
(…)
(2)The Government expects Japanese enterprises, regardless of their size and sector of industry, to respect internationally recognized human rights and the principles concerning the fundamental rights set out in the ILO Declaration; introduce the process of human rights due diligence based on the UNGPs and other related international standards; and engage in dialogue with stakeholders, including those that are part of supply chains. Furthermore, the Government expects Japanese business enterprises resolve issues through effective grievance mechanisms.
Taxation
‘Japan’s NAP does not explicitly address this issue’
The 2030 Agenda for Sustainable Development
Chapter 1. Towards the Formulation of the National Action Plan (NAP) (Background and Working Process)
1. Introduction: Increasing International Attention to Business and Human Rights and the Need for NAPs
(…)
(4) Following their endorsement, the UNGPs have increasingly received support from the international community. In September 2015, the UN General Assembly adopted the 2030 Agenda for Sustainable Development (the 2030 Agenda) with the Sustainable Development Goals (SDGs) at its core. With respect to private business activity, the 2030 Agenda articulated that the UN member states will “foster a dynamic and well-functioning business sector, while protecting labour rights and environmental and health standards in accordance with relevant international standards and agreements and other ongoing initiatives in this regard, such as the UNGPs and the labour standards of the International Labour Organization, the Convention on the Rights of the Child and key multilateral environmental agreements.” In 2020, the PRI published an investment action framework for institutional investors to achieve outcomes in line with the SDGs.
(…)
(9)(…) In response to the COVID-19 pandemic, OECD and ILO indicated that COVID-19 exposed vulnerabilities in company operations and supply chains regarding working conditions. Considering these global trends, the Government believes that it is more important than ever to steadily implement the UNGPs and the NAP to ensure responsible business activities with a view to promoting further efforts to realize the SDGs based on the principle of human security.
2. Positioning of the NAP: Links with International Documents, including the UNGPs and the Sustainable Development Goals (SDGs)
The Government holds that the promotion and protection of human rights and the realization of the SDGs are interrelated and mutually reinforcing, as stated in Resolution 37/24 on the Promotion and protection of human rights and the implementation of the 2030 Agenda for Sustainable Development adopted at the 37th session of the HRC in March 2018. The Government considers the NAP formulation to be one of the measures to achieve the SDGs, and clearly mentioned its intention to formulate the NAP in the SDGs Implementation Guiding Principles Revised Edition, which was adopted at the 8th session of the SDGs Promotion Headquarters held in December 2019.
3. Objectives to be Achieved through the Launch and Implementation of the NAP
(…)
(4) To contribute to achieving the SDGs As stated in Section 2 “Positioning of the NAP: Links with International Documents, including the UNGPs and the SDGs,” the achievement of the SDGs and the protection and promotion of human rights are interrelated and mutually reinforcing. In this connection, the Government aims to contribute to realizing a sustainable and inclusive society where “no one will be left behind” through the implementation of the NAP.
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
C. Rights and Roles of Consumers
(Existing framework/Measures taken）
Goal 12 of the SDGs is to “ensure sustainable consumption and production patterns.” Accordingly, the creation of sustainable economies and societies requires action by consumers alongside businesses and governments. The Government works on realizing the rights of consumers in accordance with the Basic Consumer Act (Act No. 78 of 1968) that sets forth the responsibilities of the government, local governments, and businesses for the protection and promotion of consumers’ interests. Ethical consumption is the concept of consuming in a way that is considerate of people, society, and the environment, while incorporating the perspectives of regional revitalization and employment. In raising awareness on ethical consumption, explanations on social problems such as child labour and environmental issues are provided at workshops for children and using educational tools (leaflets, posters, and video) to introduce people to a manner of consuming that could lead to the resolution of such problems.
Tourism sector
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)
(Future measures planned)
(a) Promote barrier-free and universal design
(…)
- Promote accessibility across Japan by preparing and distributing a nationally consistent reception manual and implementing training for transportation, tourism, logistics restaurants and industries, and other industries. [Japan Tourism Agency]
(…)
( f ）Ensure impartial treatment in public spaces or services
- Continue steady implementation in accordance with the Hotel Business Act (Act No. 138 of 1948), which does not permit denial of lodging, etc. solely on the grounds of belonging to a specific race or ethnicity, or of being a same sex couple. [Ministry of Health, Labour and Welfare]
- Steadily implement the Ordinance for Enforcement of the Act on Development of Hotels for Inbound Tourists (Ministry of Transport Order No. 3 of 1993), which prohibits registered hotels from engaging in unfair discrimination against inbound international travelers or unfair discrimination between inbound international travelers and other guests concerning accommodation fees, food and beverage fees, and other services provided. [Japan Tourism Agency]
B. Promotion and Protection of Children’s Rights
(Future measures planned)
(…)
(b）Raise awareness about child prostitution through compliance with the Travel Agency Act
- Continue to engage in awareness-raising activities concerning child prostitution through compliance with the Travel Agency Act (Act No. 239 of 1952), and on-site inspections based on the Travel Agency Act to prevent travel agencies from being involved in organizing inappropriate tours such as those with the intention of child prostitution. [Japan Tourism Agency]
Trade
Chapter 2. Action Plan
2. Areas of the NAP
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
(…)
C. Promotion and Expansion of the Business and Human Rights Agenda in the International Community
(Existing framework/Measures taken）
In the areas directly related to business activities, the Government has incorporated clauses concerning social issues, including labour and the environment in some of the EPAs and investment treaties that Japan has signed or ratified in a manner consistent with trade rules such as those of the World Trade Organization (WTO), and promoted shared understanding between signatories on values to be respected, such as securing appropriate labour standards and conditions and protection of the environment. For example, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP11 Agreement) includes an independent Labour Chapter and Environment Chapter as well as provisions on women’s participation, and the Japan-EU Economic Partnership Agreement (EPA) includes a Trade and Sustainable Development Chapter. On top of this, the Japan-EU EPA also stipulates that the parties shall convene joint dialogue with civil society, establishing that civil society shall play a certain role through exchange of opinions on themes such as trade and sustainable development, the environment, and labour.
(Future measures planned)
(c) Continue to contribute to discussions regarding relations between economic activities and social issues, at international forums, including international organizations such as the OECD and the World Bank [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]
(d）Continue to make efforts towards concluding EPAs and investment agreements that benefit not only industry but also a wide range of people, including workers [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry]
(e）Periodically continue joint dialogue with civil society under the Japan-EU EPA (first dialogue held in January 2020) [Ministry of Foreign Affairs]
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(Future measures planned)
(…)
(h) Continue the provision of grievance redress services in development cooperation and development financing
Workers’ rights
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
A. Labour (Promotion of Decent Work)
(Existing framework/Measures taken）
As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: (1) freedom of association and the effective recognition of the right to collective bargaining; (2) the elimination of all forms of forced or compulsory labour; (3) the effective abolition of child labour; and (4) the elimination of discrimination in respect of employment and occupation. For example, protection and promotion of the rights of workers are promoted through labour related legislation applicable to workers regardless of nationality, race, and ethnicity such as: the Labour Standards Act (Act No. 49 of 1947); the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947); the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Equal Employment Opportunity Act) (Act No. 113 of 1972); and the Mariners Act (Act No. 100 of 1947).
More recently, the revision of laws, including the Act on the Comprehensive Promotion of Labour Policies, and the Employment Security and the Productive Working Lives of Workers (Labour Policies Comprehensive Promotion Act) (Act No. 132 of 1966) in 2019 has resulted in new requirements for employers to establish necessary measures regarding employment management, such as the provision of counseling services, to prevent the abuse of authority, or so-called “power harassment,” in the workplace. The revision of these laws has also strengthened preventive measures against sexual harassment, such as the prohibition of disadvantageous treatment by an employer against employees who report.
Along with globalization, increasing attention has been brought to the treatment of foreign workers. Appropriate implementation of the Technical Intern Training Program and protection of technical intern trainees are being promoted based on the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees (Technical Intern Training Act) (Act No. 89 of 2016) enacted in November 2017 as well as on bilateral agreements with sending countries.
(Future measures planned)
(a) Promote decent work ((1) promoting employment, (2) developing and enhancing measures of social protection (3) promoting social dialogue, and (4) respecting, promoting and realizing the fundamental principles and rights at work)
- Continue efforts to realize decent work, including ensuring work-life balance that contributes to women’s participation and advancement in the workplace by promoting labour policies for respecting, promoting, and realizing the principles concerning the fundamental rights stated in the ILO Declaration. [Cabinet Office, Ministry of Health, Labour and Welfare]
- Make continued and sustained efforts to pursue ratification of the fundamental ILO conventions and other ILO conventions that are considered appropriate to ratify. [Cabinet Secretariat, National Personnel Authority, Ministry of Internal Affairs and Communications, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry, Ministry of Land, Infrastructure, Transport and Tourism, Ministry of Defense]
(b) Reinforce measures against harassment
- Continue to promote initiatives to achieve harassment-free workplace environments by securing the enforcement of the revised Labour Policies Comprehensive Promotion Act and other acts. [Ministry of Health, Labour and Welfare
(c) Protect and respect the rights of workers, including foreign workers and technical intern trainees
- To employers of foreign workers, disseminate and raise awareness on compliance with labour laws and the Guidelines for Employers to Improve the Management of Employment of Foreign Workers (Public Notice of the Ministry of Health, Labour and Welfare No. 276 of 2007) through seminars and other measures. [Ministry of Health, Labour and Welfare]
- Continue to implement multi-lingual services for foreign workers at Prefectural Labour Bureaus, Public Employment Security Offices, and Labour Standards Inspection Offices. [Ministry of Health, Labour and Welfare]
- The Technical Intern Training Program continues to be implemented under the new framework based on the Technical Intern Training Act enacted in 2017, while also incorporating gender perspectives. This is to be done through: introduction of a license system of supervising organizations and accreditation of technical intern training plans; establishment of provisions on prohibition of abuse of human rights of technical intern trainees and penalties against supervising organizations violating human rights; onsite inspection by the Organization for Technical Intern Training; establishment of offices for consultation and reporting in technical intern trainees’ native language; and making the system more appropriate through bilateral agreements. Continue steady implementation of improvement measures designed by the project team for the operation of the Technical Intern Training Program, and implement new measures for preventing the disappearance of technical intern trainees. [Ministry of Justice, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare]
(2) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Future measures planned)
(…)
(d) Publicize the NAP and raise awareness of human rights due diligence to Japanese business enterprises operating overseas via Japanese embassies, consulates, and overseas offices of government-related entities
- Publicize the NAP and raise awareness of human rights due diligence with possible cooperation with local agencies and organizations by Japanese embassies and consulates. In so doing, sufficient attention is to be paid to the issue of protection of human rights of workers in supply chains, including the socially vulnerable such as women and children. [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]
(…)
(f)Steadily implement the Act on the Promotion of Women’s Participation and Advancement in the Workplace
- The revised Act was adopted and enacted at the ordinary parliamentary session in 2019 (effective from June 1, 2020). The expansion of the Act’s scope (to be effective from April 1, 2022) included: expansion of the obligation to develop action plans and to have information disclosure for business enterprises employing 101 or more employees, and the obligation to reinforce information disclosure applied to business enterprises employing 301 or more employees. Going forward, disseminate information on the contents of the revision, and provide support for SMEs to develop action plans for smooth implementation of the revised Act. [Ministry of Health, Labour and Welfare]
(…)
(h)Support initiatives by international organizations overseas
- Continue to provide support for efforts, including voluntary contributions to the ILO, such as promoting decent work of workers at the lower tiers of global supply chains and disseminating good practices discovered through those activities. [Ministry of Health, Labour and Welfare, line Ministries]
(3) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
(…)
D. Promotion and Expansion of the Business and Human Rights Agenda in the International Community
(Existing framework/Measures taken）
(…)
In the areas directly related to business activities, the Government has incorporated clauses concerning social issues, including labour and the environment in some of the EPAs and investment treaties that Japan has signed or ratified in a manner consistent with trade rules such as those of the World Trade Organization (WTO), and promoted shared understanding between signatories on values to be respected, such as securing appropriate labour standards and conditions and protection of the environment. For example, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP11 Agreement) includes an independent Labour Chapter and Environment Chapter as well as provisions on women’s participation, and the Japan-EU Economic Partnership Agreement (EPA) includes a Trade and Sustainable Development Chapter. On top of this, the Japan-EU EPA also stipulates that the parties shall convene joint dialogue with civil society, establishing that civil society shall play a certain role through exchange of opinions on themes such as trade and sustainable development, the environment, and labour.
