November 2020

Daisuke Takahashi, Attorney at Law (Japan)

 

Based on my experiences related to business and human rights (BHR) inside and outside Japan, I would like to highlight three aspects of the lawyers’ role in preventing business-related human rights abuses.

1. Guiding and Supporting Clients with the Common Understanding of BHR

2. Investigating Cases and Assessing Impacts in line with International Norms

3. Facilitating Dialogues and Solving Disputes among Business and Stakeholders

4. Importance of Collaborating with Other Stakeholders

September 2018

Emi Omura, Attorney at Law (Japan)

 

The principle of “business and human rights” is not limited in the context of supply chains outside Japan. Ensuring non-discrimination is required within Japan, and in Japanese enterprises’ own operations. Let us recall that gender pay gap is one of the key human rights issues in Japan.

September 2018

Daisuke Takahashi, Attorney at Law (Japan)

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In November 2016, the Japanese government announced that it will formulate the National Action Plan (NAP) on Business and Human Rights (BHR) in the coming years. As the first step, the government has been conducting a baseline study in consultation with stakeholders. 
Responding to the global and local BHR trends, Japan Federation of Bar Associations (JFBA) has been engaging various activities for improving BHR practices in Japan.

Lawyers in Japan are expected to play more active roles in the areas of BHR including: navigating companies; supporting civil society and workers; facilitating of dialogues among stakeholders; and solving the disputes.

November 2017

Daisuke Takahashi, Attorney at Law (Japan)

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The Sustainable Sourcing Code (1st edition) was published by The Tokyo Organizing Committee of the Olympic and Paralympic Games (“Tokyo 2020”) in March 2017. The Sourcing Code requires their supplier and licensee companies to comply with sustainability standards through their supply chains. 

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The Code aims to comply with international agreements and codes of conduct including the UN Guiding Principles (UNGP) on Business and Human Rights (BHR). The Code also targets to achieve the goal 12 of the Sustainable Development Goals (SDGs), “Responsible production and consumption”.

January 2015

Japan Federation of Bar Associations (JFBA)

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In response to the endorsement of the "United Nations Guiding Principles on Business and Human Rights" at the United Nations Human Rights Council, the Japan Federation of Bar Associations published the Guidance concerning Human Rights Due Diligence, based on such Guiding Principles, targeted at encouraging Japanese corporations to fulfill their responsibilities in respecting human rights.

The Guidance provides a model CSR clause for supplier contracts as well as an in-depth discussion of its legal basis. A CSR clause is the clause that obligates the supplier in a supply contract to comply with CSR-compliant procurement practices and codes of conduct.  A CSR clause can serve various functions as a legal tool that effectively promotes compliance with human rights and CSR responsibilities throughout the supply chain.

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Tokyo Organising Committee of the Olympic and Paralympic Games (the Committee) formulate the Sustainable Sourcing Code to ensure the sustainability as well as economic rationality of all products, services, etc. procured by the Committee during the preparation and operating phases of the Tokyo 2020 Olympic and Paralympic Games.

 

This code clarifies the criteria and operating methods by which such products, services, etc. shall be procured. In addition, the sourcing code also defines the individual criteria for the sourcing of timber, agricultural products, livestock products, fishery products, paper, and palm oil.

Given that the issue of foreign bribery has become a major risk that may directly lead to damage to corporate value for Japanese companies, the Ministry of Economy, Trade and Industry revised in July 2015 its guidelines on the bribery of foreign public officials (the "METI Guidelines").

In addition, preventing foreign bribery has become an essential component of corporate efforts to fulfil corporate social responsibility (CSR) and responsibility to respect human rights.Therefore, the Japan Federation of Bar Associations issued “Guidance on Prevention of Foreign Bribery” as a supplement to the METI Guidelines. The Guidance provides practical guidelines and contemporary best practice for Japanese companies and counsel who provide legal advice to them in relation to implementation of anti-bribery measures.

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