Japan
NAP Development Process
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.”
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)
In December 2018 the Japanese Government published a provisional translation of ‘The Report of the Baseline Study on Businss and Human Rights‘. This was based on Opinion Exchange mentioned above. This study describes what the Government had done, and was doing. It 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
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.
Explore NAP by Issue
(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; (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 (b) Raise awareness about child prostitution through compliance with the Travel Agency Act (c) Continue initiatives through the Global Partnership to End Violence Against Children (d）Cooperate with relevant industries and organizations to disseminate and raise awareness on the Children’s Rights in Sport Principles (e) Cooperate to disseminate the Children’s Rights and Business Principles (f ）Steadily implement measures for developing an environment that provides safe and secure Internet use for young people (g) Steadily implement measures based on the Basic Plan on Measures against Child Sexual Exploitation (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. ‘Japan’s NAP does not explicitly address this issue’ 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) (…) (…) 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. 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） (…) 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 (…) (c) Promote discussion on the use of AI from the perspective of protection of privacy 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 – 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] (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 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 – 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] 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 (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 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) (b) Reinforce measures against harassment (c) Protect and respect the rights of workers, including foreign workers and technical intern trainees (…) 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 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 (b）Promote employment of persons with disabilities (c）Advance women’s empowerment (d）Promote understanding and acceptance of diverse sexual orientation and gender identity (e) Ensure impartial treatment among employment fields ( f ）Ensure impartial treatment in public spaces or services 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 (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) (…) 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 (…) (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) (…) (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) (…) (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] 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 (…) (…) – 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] 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. ‘Japan’s NAP does not explicitly address this issue’ ‘Japan’s NAP does not explicitly address this issue’ The Japanese NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors. 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. (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. 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; ( 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 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) (b) Reinforce measures against harassment (c) Protect and respect the rights of workers, including foreign workers and technical intern trainees (…) 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 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 (…) (c）Advance women’s empowerment (d）Promote understanding and acceptance of diverse sexual orientation and gender identity (e) Ensure impartial treatment among employment fields (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) (…) 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 (…) (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 (…) (f) Steadily implement the Act on the Promotion of Women’s Participation and Advancement in the Workplace (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 (e) Continue human rights counseling (Human Rights Hotline and other relevant counseling sessions, including telephone counseling). (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] 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 (…) (e) Ensure impartial treatment among employment fields (…) (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 (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 (c）Implement human rights awareness-raising activities through cooperation and collaboration with private enterprises (d）Continue awareness-raising seminars for SMEs (e）Award business enterprises tackling social issues, including respect for human rights (f） Publicize the NAP to educational institutions and other relevant bodies (g）Cooperate with international organizations on the publication of the NAP and related awareness-raising activities (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 (b) Conduct seminars targeting SMEs in cooperation with economic organizations and civil society (c) Include policies regarding business terms and conditions and improvement of business practices ‘Japan’s NAP does not explicitly address this issue’ 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 (b) Continue to raise awareness on the OECD Guidelines for Multinational Enterprises (c） Raise awareness on the ILO Declaration and ILO MNE Declaration (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 (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 (g）Promote information disclosure by business enterprises in accordance with the Environmental Reporting Guidelines (h）Support initiatives by international organizations overseas 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 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. ‘Japan’s NAP does not explicitly address this issue’ 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 (b） Promote discussion on the use of AI from the perspective of protection of human rights (c）Promote discussion on the use of AI from the perspective of protection of 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 ） … 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. 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 Chapter 2. Action Plan 1. Fundamental Principles of the NAP (…) 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 (b) Conduct training on human rights for police officers, public prosecutors, and other relevant officials (…) (e) Prevent human rights violations and remedy damages (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) ‘Japan’s NAP does not explicitly address this issue’ 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 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 (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) ‘Japan’s NAP does not explicitly address this issue’ Read more about National Human Rights Institutions/ Ombudspersons 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 (g）Promote information disclosure by business enterprises in accordance with the Environmental Reporting Guidelines Chapter 2. Action Plan 1. Fundamental Principles of the NAP (…) 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 (d) Continue human rights counseling (Human Rights Hotline and other relevant counseling sessions, including telephone counseling) (…) (g) Promote use of alternative dispute resolution procedures (h) Continue the provision of grievance redress services in development cooperation and development financing 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 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 (b）Promote employment of persons with disabilities (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) 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) 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 (…) 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] ‘Japan’s NAP does not explicitly address this issue’ 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) 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 (…) ‘Japan’s NAP does not explicitly address this issue’ 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 (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 (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 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 (b) Conduct seminars targeting SMEs in cooperation with economic organizations and civil society (c) Include policies regarding business terms and conditions and improvement of business practices ‘Japan’s NAP does not explicitly address this issue’ Read more about State Owned Enterprises/ Public Private Partnerships 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 (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 (e)Raise awareness on the Guidance for Collaborative Value Creation (…) (h)Support initiatives by international organizations overseas (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 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. ‘Japan’s NAP does not explicitly address this issue’ 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. 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 (…) (…) ( f ）Ensure impartial treatment in public spaces or services B. Promotion and Protection of Children’s Rights (Future measures planned) (…) (b）Raise awareness about child prostitution through compliance with the Travel Agency Act 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 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) (b) Reinforce measures against harassment (c) Protect and respect the rights of workers, including foreign workers and technical intern trainees (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 (…) (f)Steadily implement the Act on the Promotion of Women’s Participation and Advancement in the Workplace (…) (h)Support initiatives by international organizations overseas (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. Children’s rights
Chapter 2. Action Plan
2.Areas of the NAP
(1) Cross-cutting areas
A. Labour (Promotion of Decent Work)
B. Promotion and Protection of Children’s Rights
D. Rights and Roles of Consumers
Conflict-affected areas
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
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
Corruption
Data protection & privacy
Development finance institutions
Energy sector
Environment & climate change
Equality & non-discrimination
Export credit
Chapter 2. Action Plan
Extractives sector
Extraterritorial jurisdiction
Finance & banking sector
Fisheries and aquaculture sectors
Forced labour & modern slavery
Freedom of association
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
Gender & women’s rights
（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)
…
Guidance to business
Health and social care
Human rights due diligence
Human rights impact assessments
ICT & electronics sector
Indigenous peoples
Investment treaties & investor-state dispute settlements
Judicial remedy
Land
Migrant workers
National Human Rights Institutions/ Ombudspersons
Non-financial reporting
Non-judicial grievance mechanisms
OECD National Contact Points
Persons with disabilities
Policy coherence
Privatisation
Public procurement
Security sector
Small & medium-sized enterprises
State Owned Enterprises/ Public Private Partnerships
Supply chains
Taxation
The 2030 Agenda for Sustainable Development
Tourism sector
Trade
Workers’ rights
