Environmental and Social Guidelines of Japanese Public Financial Institutions Involved in Projects Overseas

Transcription

1 A Citizens Guide Environmental Social Guidelines of Japanese Public Financial Institutions Involved in Projects Overseas September 30, 2010 Friends of Earth Japan Japan Center for a Sustainable Environment Society Mekong Watch

2 Contents Chapter 1. Introduction.. 1 Chapter 2. Who are main players?... 2 Chapter 3. What environmental social guidelines apply?... 6 Chapter 4. What is typical decision flow for a project?... 7 Chapter 5. Where how can I obtain project information? Chapter 6. What can we do if a project has negative impacts? Chapter 7. How can we use official objection procedures? Chapter 8. How can we work with Japanese NGOs for success? Chapter 9. Contact Information.. 18 Acronyms EIA: Environment Impact Assessment JBIC: Japan Bank for International Cooperation JETRO: Japan External Trade Organization JICA: Japan International Cooperation Agency JOGMEC: Japan Oil, Gas Metals National Cooperation METI: Ministry of Economy, Trade Industry MoF: Ministry of Finance MoFA: Ministry of Foreign Affairs NEXI: Nippon Export Investment Insurance RAP: Resettlement Action Plan

3 Chapter 1 Introduction Introduction Development projects such as dams, power plants, irrigation systems, roads, mining pipelines serve a purpose, but sometimes inflict harm on environment communities. Japanese public finance institutions including Japan Bank for International Cooperation (JBIC), Japan International Cooperation Agency (JICA), Nippon Export Investment Insurance (NEXI) provide financing for many projects in developing countries 1. Any person or organization concerned about problems related a development project should raise those concerns with governments, implementation agencies, project companies contracrs involved. If Japanese public finance is involved, it is also important express your concerns directly relevant institution(s) if one or more of m is supporting or likely support project financially or technically, because se institutions normally have leverage over projects y consider support. When JBIC/NEXI/JICA provide finance or assistance, y must follow ir own environmental social guidelines (referred here as Guidelines ) Objection Procedures 2. You can use se mechanisms as part of your efforts raise address concerns. The purpose of this Guide is provide information about environmental social Guidelines of JBIC/NEXI/JICA, a brief introduction ir Objection Procedures. These mechanisms are often difficult underst, so we hope that this Guide will help provide an easy-underst overview. We also hope that Guide will provide some ideas on how anyone can voice ir concerns on social or environmental problems when Japanese public finance is involved in an overseas project. Goro Nickel Project in New Caledonia 1 2 In this Guide, we refer m collectively as JBIC/NEXI/JICA. JBIC NEXI share same Guidelines so we generally group m ger in text below. Guidelines Objection Procedures include (1) Guidelines for Confirmation of Environmental Social Considerations (JBIC), (2) Objection Procedures Based on Guidelines for Confirmation of Environmental Social Considerations (JBIC), (3) Guidelines on Environmental Social Considerations in Trade Insurance (NEXI), (4) Procedures for Submitting Objections on Guidelines of Environmental Social Considerations in Trade Insurance (NEXI), (5) Guidelines for Environmental Social Considerations (JICA), (6) Objection Procedures Based on Guidelines for Environmental Social Considerations (JICA). 1

4 Chapter 2 Who are main players? In fiscal , financial flows from Japan developing countries amounted billion dollars 4. Figure 1 shows four kinds of financial flows. First is Official Development Assistance (ODA), which is government-government development aid for developing countries. JICA is Japan s main implementing agency for ODA 5. Second are Or Official Flows (OOF), which include official credits, direct investment finance concessional lending multilateral institutions. JBIC NEXI are main implementing agencies for OOF. Third are private flows. Fourth are grants by non-profit organizations. The figure shows that private finance accounts for largest share of financial flows, but it is important note that even se are often backed by public funds (JBIC, NEXI, etc.), especially if financing is for large infrastructure or natural resources development projects. Without security provided by JBIC or NEXI, private secr often finds it difficult undertake large-scale projects in developing countries. certain types of grant aid conducted by MoFA.. 2 This chapter focuses on major Japanese public financial institutions that play a role as catalysts of Japanese financial flows developing countries. It outlines different roles of several quasigovernmental agencies that support large development projects abroad. Japan Bank for International Cooperation (JBIC) JBIC is international wing of Japan Finance Corporation (JFC), Japanese government s policy-based financial institution 7. Its mission is contribute sustainable sound development of international as well as Japanese economy. 3 The fiscal year of Japanese government-related organizations starts in April of year indicated. 4 Financial flows from Japan developing countries in , press release, Ministry of Finance, Japan, November ODA is also implemented by multiple government ministries. Figure 1 Financial Flow from Japan Developing Countries in 2008 Private Fund (Unit: billion dollars, gross) Non- Profitable Organization 0.45 Grant ODA Total Or Official Fund JBIC previously conducted two types of operations: International Financial Operations (IFOs) ODA yen loans. On Ocber 1, 2008, JBIC s IFOs were merged with or quasi-governmental agencies become JFC, ODA yen loan operations were merged in JICA. 7 On Ocber 1, 2008, new JICA was established when it ok over yen loans implemented by former JBIC 7.76 Loan 6.93 International 2.76 Institution 2.76 Source: Adapted from press release Financial flows from Japan developing countries in , by Ministry of Finance (MoF), Japan, issued in November 2009.

5 For this purpose, JBIC provides various kinds of financing support Japanese non-japanese companies, international financial institutions, private banks, overseas governments governmental agencies. This financing is used support large development projects in agriculture, oil gas, mining, marine ports, power generation, transportation so on. In fiscal 2008, JBIC s investments, financing guarantees taled about trillion yen (actually disbursed were about 872 billion yen). The MoF is JBIC s governing agency. Nippon Export Investment Insurance (NEXI) NEXI is Japan s export credit agency (ECA), its mission is contribute Japanese economy by covering risks arising from trade transactions overseas investments that are not generally covered by conventional insurance. To ensure creditworthiness, Japanese government reinsures insurance accepted by NEXI. In fiscal 2008, tal insurance underwritten by NEXI amounted about trillion yen. The Ministry of Economy, Trade Industry (METI) is NEXI s governing agency. Box 1: Involvement of JBIC NEXI in Sakhalin II Oil Gas Development Project The Sakhalin II Oil Gas Development Project (Sakhalin II) is largest offshore oil gas development project in Russia. The project includes development of two oil gas fields off Sakhalin Isl, involving construction of marine platforms, onshore offshore pipelines, a liquefied natural gas (LNG) plant, an oil export terminal, more. The project proponent is Sakhalin Energy Investment Company (SEIC), an international consortium comprised of Russian state-owned company (Gazprom), Royal Dutch Shell, Mitsui & Co., Ltd., Mitsubishi Corporation. Since a portion of oil gas produced is exported Japan, this project is important for Japan s energy security, so JBIC NEXI were able justify ir support for project. In Phase 2 of Sakhalin II, JBIC provided loans amounting about 3.7 billion US dollars in project finance SEIC. The loan is co-financed with private banks that provided amount of up 1.6 billion dollars. Meanwhile, NEXI provided of up 1.4 billion dollars of insurance Japanese private banks, which provided additional loans of 1.4 billion dollars SEIC. 3

6 Japan International Cooperation Agency promote large projects. After this technical (JICA) cooperation, JICA may consider support JICA is a quasi-governmental agency that projects recommended by feasibility studies, implements assistance which often involve large infrastructure component of Japanese ODA in form development projects. Yen loans often of technical cooperation, yen loans, support huge infrastructure projects, while bilateral 8 grant aid. It aims contribute grant aid is usually for smaller projects promotion of international cooperation (though it sometimes may be used sound development of Japanese support large infrastructure projects). Yen international economy society by loan projects include various kinds of large contributing or infrastructure development projects such as reconstruction of economy society construction of roads, railways, ports, of developing areas or stabilization of power plants, so on. In 2008, out of economy of such areas. JICA provides about trillion yen of tal ODA support for master plans feasibility performed, JICA accounted for about 61.3% studies in developing countries, referred (1.117 trillion yen). The Ministry of Foreign as Affairs (MoFA) is JICA s governing agency. technical development cooperation. These preparary surveys may be used Empty main canal of Irrigation Project, Philippines Meeting with villagers in Kelwa Omkareshwar Dam Project in India 4 Bohor

7 Box 2: Or Japanese Bodies Supporting Projects Abroad Japan Oil, Gas Metals National Corporation (JOGMEC) To contribute a stable supply of oil, gas metals for Japan, JOGMEC provides financial assistance Japanese companies participating in natural resource exploration production projects in form of financing, equity capital liability guarantees. It also conducts various surveys provide information intended generate evaluate exploration production projects. No comprehensive list of projects supported by Caserones Mine in Chile JOGMEC is made public. The METI is governing agency. JOGMEC Website: Head Office Tel: Fax: Japan External Trade Organization (JETRO) To contribute expansion of trade between Japan or countries, JETRO works support Japanese companies exping overseas, attract foreign companies, support developing countries in overseas market development, so on. It also conducts ODArelated feasibility surveys for infrastructure developments human resources development, commissioned by METI. No comprehensive list of JETRO s projects is made public. METI is governing agency. Infrastructure development projects relating global environment utilizing Japanese technology (2008): Direcr in charge of environmental social considerations, Administrative Affairs Department: Tel: Fax: ada-kankyo@jetro.go.jp 5

8 Chapter 3 What environmental social guidelines apply? Below is essential information about environmental social guidelines of JBIC NEXI ( same for both institutions) for JICA. You can obtain more detail by accessing relevant webpages. JBIC/NEXI Environmental Guidelines 6 Adopted: July 21, 2009 Entry in force: Ocber 1, 2009 Target projects: The new guidelines apply projects for which an official request for support was essentially made after Ocber 1, For requests prior that date, previous guidelines apply. Acrs required meet Guidelines: It is basically JBIC/NEXI that are required meet Guidelines. However, guidelines require project proponent, i.e. Japanese private companies in most cases, undertake environmental social consideration of intended projects. Related requirements are often included in contracts/agreements In many cases of JBIC, a company signs contract borrow money directly from JBIC. The company could be project proponent who implements operates project or a company involved in project, working under project owner as an exporter8. In case of NEXI, an exporter usually signs contract obtain insurance service for projects. Relevant web pages: JBIC s environmental guidelines line/confirm/index.html NEXI s environmental guidelines JICA Environmental Guidelines Adopted: April 1, 2010 Entry in force: July 1, 2010 Target projects: The new guidelines apply projects whose applications were made by project proponents, after July 1, For projects for which an official request for support was essentially made on or before June 30, 2010 previous guidelines apply. Acrs required meet Guidelines: It is basically JICA that is required meet Guidelines. However, guidelines require project proponent, i.e. government of a developing country in most cases, undertake environmental social consideration of intended projects. Related requirements are often included in contracts/agreements: JICA government of developing country enter in a loan agreement or grant agreement. The Japanese MoFA also enters in an exchange of notes with government of developing country prior JICA s agreement. Relevant webpages: JICA s environmental guidelines nvironmental/guideline/ List of Preparary Surveys with significant impacts caused by recommended projects. JICA invites public offer ir opinions related information about proposed projects. nvironmental/archive/reviews/category_a.html MoFA (rolling plans: project lists of all Japanese ODA for each country) gion.html

9 Chapter 4 What is typical decision flow for a project? Although JBIC, NEXI, JICA are different entities, ir guidelines have much in common. Table 1 outlines typical flow or process for supported projects. Table 2 shows main categories of projects based on impacts. (Note that various terms can describe users of se institutions, but in this Guide we refer m collectively as project proponent. ) Table 1. Typical flow of procedure for supported projects Project preparation Request for support JBIC/NEXI JICA JBIC/NEXI have not yet been officially involved in project at this stage, but could be contacted informally by project proponent. The proponent tries ensure all requirements of JBIC/NEXI Guidelines are met such as social acceptability, environmental impact assessment (EIA) reports, resettlement plans based on public consultations information disclosure. JICA conducts Preparary Surveys verify relevance, effectiveness efficiency of proposed project. Surveys may include feasibility studies, environmental social impact studies, supplemental surveys for existing studies. Typical survey procedures are as follows: Prior survey, JICA conducts a field survey. Then, it discloses project information collect information from stakeholders for Category A projects, if necessary, for Category B projects. Project proponents disclose scoping drafts of survey which contains disclosure of basic project environmental/social information. Consultation will be held for Category A projects, if necessary, for Category B projects. Project proponents disclose draft reports hold consultations with local stakeholders on reports for Category A projects, if necessary, for Category B projects. JICA discloses a final report on its website promptly upon report completion. Project proponent makes request JBIC/NEXI/JICA for financial services for projects. Basic information regarding environmental social impacts, as well as project itself, should be filled in on Screening Form. Once JBIC/NEXI/JICA receives Screening Form, it is considered be officially involved in projects. 7

10 8 Classification Information Disclosure JBIC/NEXI/JICA will classify project in one of four environmental categories (Table 2). After classification, project information is listed on JBIC/NEXI/JICA website. If a project is in Category A, it must be posted on list at least 45 days (for JBIC/NEXI) or at least 120 days (for JICA), before institution makes a decision support project. JBIC/NEXI/JICA must also make following documents on social environmental facrs of project available public on its website: Environmental Impact Assessment (EIA) reports environmental permit certifications Resettlement Action Plans (RAP) for projects that will result in largescale involuntary resettlement Indigenous Peoples Plans (IPP) for projects that address issues of indigenous people Environmental review JBIC/NEXI/JICA will check wher project proponent has met requirements in Guidelines in regard environmental social facrs, depending on project classification (Table 2). If JBIC/NEXI/JICA find that project has not met requirements of Guidelines, y will encourage project proponent address se problems. Decision making Reflecting results of environmental review, JBIC/NEXI/JICA will decide wher or not support a project, depending on situation. If project proponent does not take appropriate action meet requirements in Guidelines, JBIC/NEXI/JICA may decide not support project. If JBIC/NEXI decides finance a project, legal contracts are made between JBIC/NEXI project proponent(s). In case of JICA, JICA reports result of its decision Japanese government. After Japanese government makes its own decision support a project, legal contracts, such as Loan Agreements or Grant Agreements, are made between JICA borrowing country. Where required, se legal contracts with JBIC/NEXI/JICA contain environmental social conditions. After such legal contracts are made, results of environmental review are available public on website of JBIC/NEXI, but not legal contracts. Moniring For Category A B projects, JBIC/NEXI/JICA must monir wher or not project proponent properly implements mitigation measures compensation plans in EIA, RAP, so on, based on moniring report submitted by proponent. Some of actions that may be taken by JBIC/NEXI/JICA are as follows: If JBIC/NEXI/JICA are informed of problems or concerns, y will encourage project proponent take action. JBIC JICA may also conduct ir own investigations. If project proponent does not properly address problems, JBIC/NEXI/JICA can suspend or cancel ir support for project, in accordance with conditions stipulated in legal contracts. If a third party requests receive results of moniring, JICA is disclose results, subject approval by project proponent.

11 Table 2. Classification of projects based on potential impacts Definition Category A Environmental Review by Moniring by JBIC/NEXI/JICA JBIC/NEXI/JICA EIA is required. Required Environmental review is done based on EIA or related documents, such as resettlement plans. An environmental appraisal mission is sent project site. Projects likely have serious environmental social impacts, such as large infrastructure projects. Included are projects in an illustrative list of sensitive secrs, characteristics, areas, including relocation of many people large area of deforestation, etc. Category B Projects likely have some EIA is not required. Required environmental social Environmental review is impacts, but less serious done, but not necessarily than Category A based on EIA. Category C Projects not likely have No environmental review at Not required negative environmental or all. social impacts Category FI JBIC/JICA provide JBIC/JICA will communicate Not required assistance through a with intermediary financial intermediary (FI, ensure Guidelines are such as a government- being respected. owned bank, intermediary decides what kinds of projects undertake after JBIC/JICA agree provide funding.) Note that re is no FI category for NEXIsupported projects. Note: If you think that a project should be classified as Category A, but JBIC/NEX/JICA have classified it as Category B or C, you are encouraged contact m explain your reasoning. They may change category based on your information. See Chapter 9 for contact information. 9

12 Where how can I obtain project Chapter 5 information? If a urge you obtain essential information development project, you must first identify before making objections a project. You who is responsible who is providing may obtain some information by direct funding for project. JBIC/NEXI/JICA inquiry (in person, telephone, fax, , guidelines require m disclose project etc.). Also, below are some Internet sources information on ir respective websites. We for project information. you have any concern about Screening information, social environmental documents, results of environmental reviews, moniring reports JBIC: NEXI: JICA: Rolling Plans (documents outlining Japan's overall assistance) for each assisted country (most on-going ODA projects are listed classified according country-specific priority areas, development issues, programs) JICA preparary survey final reports (must be disclosed at JICA library) Case Study 1 Sourn Transport Development Project in Sri Lanka The environmental guidelines of JICA, JBIC, NEXI stipulate that main documents addressing environmental social consideration, such as EIAs RAP, are supposed be accessible people in project country. However, in practice it often occurs that se documents are not made easily available affected people. For instance, in case of Sourn Transport Development Project co-financed by JICA Asian Development Bank, it was revealed that three whole years after final resettlement was gazetted by government of Sri Lanka, RAP was available in local government office on its website. If you face a similar situation, visit websites of JICA, JBIC, NEXI look for documents. 10

13 What can we do if a project has Chapter 6 negative impacts? Step 1 Know what JBIC/NEXI/JICA are required do JBIC/NEXI/JICA are required by ir Guidelines listen local people nongovernmental organizations (NGOs) affected by projects y support. If y underst your concerns, y can encourage project proponent address those concerns. If project proponent does not take proper action meet requirements of Guidelines, y can decide suspend or deny support for project. They may also conduct ir own investigations. If you think a project supported by JBIC/NEXI/JICA will cause (or has already caused) different perspective from yours. Even if you are not sure about involvement of JBIC/NEXI/JICA in a project, if re are signs that one of se institutions might support project or Japanese companies might invest in or export goods for project in future, it may be wise notify m of your concerns as an early warning of potential problems. You can contact JBIC/NEXI/JICA by sending letters, s faxes, or by telephoning ir head offices in Tokyo or a representative office in your country. If you Contact JBIC/NEXI/JICA express your concerns! Step 2 from a proponent may be one-sided a negative impacts on your community or environment, if a project proponent fails listen or respond satisfacrily, we urge you contact JBIC/NEXI/JICA report your have opportunity, you may wish visit ir representative office in person meet with JBIC/NEXI/JICA personnel, so that you can directly tell m about your concerns. (See Chapter 9) Language should be no barrier. Do not hesitate make contact if you cannot read, write, speak or underst Japanese or English. JBIC/NEXI/JICA should make interpreters concerns. arrangements for translars facilitate This initial contact could be one of ways When possible, it is best submit your you take action achieve your goals, which correspondence in writing request may be sp project, improve responses from JBIC/NEXI/JICA in writing. project, proper These written documents may be useful compensation, etc. JBIC/NEXI/JICA always later, especially if you file a formal complaint obtain project information from using or dem for project Objection communication. Procedures (See proponents before deciding support a Chapter 7). JBIC/NEXI/JICA should reply in project, may be inclined believe writing, although y may not always do so. proponents, even though information When you write, please keep a copy of your 11

14 correspondence. You are also encouraged send copies relevant Japanese Example 1: Before project, we ministries that supervise JBIC/NEXI/JICA, were able catch almost 50 kilograms as as per day of fish close shore (within 30- JBIC/NEXI/JICA will be more likely take minutes by boat). After project, we your concerns seriously. (See Chapter 9) must go furr from shore (two hours) well as Japanese NGOs, Last but not least, it is also a good idea prepare submit visual documentation, such as phographs video. Step 3 can only catch 2 or 3 kilograms per day. The main facr seems be construction of a bridge related project. Know what tell m Careful documentation makes it easier for JBIC/NEXI/JICA underst your concerns. You will be more successful if you provide following information, concisely as accurately as possible. Example 2: Before project, we could harvest 100 kilograms of corn per hectare without fertilizer. After project, we must use fertilizer, but even a) Problems reasons so, can harvest only 40 kilograms per It is very important tell JBIC/NEXI/JICA in hectare. The difference seems be detail about problems you foresee or due air pollution from power that you have been experiencing, why plant. project will cause, might cause, or has caused problems. It may also be useful do your own fact- b) Violations of Guidelines If you believe project does not meet Guidelines, it will be effective more convincing document violations of finding studies in order document negative impacts of a project. You could n include your findings with documents you submit JBIC/NEXI/JICA. Guidelines. (See Chapter 3.) d) Your Examples (Category A project If re have been local consultations, you may want describe m ir results in detail. For example: Wher or not you or your community c) Changes before after project were If problem has already occurred, you consultations ( if not, why not) may want describe how situation able participate those Number of times, dates times, locations changed before after project. 12 proponent s responses projects): The EIA has not been disclosed. Or The EIA is not written in a language we can underst. actions Who else participated

15 Wher y were held BEFORE or voice AFTER construction started government or project. It is important What was explained by proponent(s) or criticize tell JBIC/NEXI/JICA if you feel this is so, make m aware of se risks. Wher or not you were able convey your concerns/problems ( if not, why not) concerns e) Any precedent or experience with similar projects proponent(s) If problem has not yet occurred, but you responded you (what y said about know about or have experienced similar cases, you may want describe m, o. How project your opinions, how y tried solve problems) You may also want report all that you have already proponent, meetings, blockades, done including with letters, project petitions, demonstrations, etc., how strikes, y have responded you. Example: We are very concerned about risk of shortages of irrigation water after construction of dam. We have already seen such problems as a result of [name of dam] project just upstream on same river. We are aware that in some countries, it may be risky for you your community Case Study 2 Pahang-Selangor Raw Water Transfer Project (Kelau Dam Project) in Malaysia The Kelau Dam Project in peninsular Malaysia, financially supported by JICA (L/A was concluded in 2005 tal amount of loan is up 82.4 billion yen.), was include resettlement of two indigenous communities. However, re was concern that affected communities were not appropriately informed or consulted regarding project, that y had been forced agree resettlement. This concern was repeatedly raised by Malaysian Japanese NGOs, who contacted indigenous communities n explained ir concerns Malaysian government (project owner), Japanese government, JICA. In end, one of indigenous communities on l that will never be inundated by dam project who clearly expressed that y did not want resettle was allowed by Malaysian government stay on ir l. In or community, efforts were n made reconfirm community members intentions about resettlement. 13

16 f) Your clear request or dem for Please suspend your support (or do not make a decision support project) until JBIC/NEXI/JICA Most important of all, do not forget se actions are taken. If JBIC/NEXI/JICA explain what you want JBIC/NEXI/JICA have not yet decided support project, do. If you want project cancelled, your your dem could also be: Please include dem could be: Sp supporting this adequate project. If you want changes made conditions in legal contract for this improve project, your dem could be: project. Case Study 3 environmental social National Road No. 1 Improvement Project in Cambodia The National Road No.1 Improvement Project was upgrade 56 kilometers of National Road 1 from Phnom Penh Neak Loeung. JICA conducted feasibility study (F/S) basic design study (B/D) for project, while implementation was largely funded by a Japanese government grant. (The section of road from Neak Loeung Bavet was already rehabilitated using a loan from Asian Development Bank.) The project affected 2,100 houses, NGOs criticized lack of information disclosure level of compensation for project-affected people. JICA s guidelines for environmental social consideration (April 2004) were applied project. Though se stipulate that sufficient compensation should be paid in a timely manner, amount paid people affected was not enough cover resettlement costs. The NGOs continued point out JICA Japanese government that this violated guidelines, eventually resulting in anor compensation payment after resettlement. When answering NGOs questions, JICA explained that repayment was cover full replacement costs, sufficient replace lost assets cover transaction costs. JICA also explained that Cambodian government would apply same type of replacement cost compensation policy of Neak Loeung Bridge Construction Project, also supported by Japanese ODA. The rules governing compensation stipulated in JICA s new guidelines, which came in effect in July 2010, are as follows: People who must be resettled involuntarily people whose means of livelihood will be hindered or lost must be sufficiently compensated supported by project proponent in a timely manner. Prior compensation, at full replacement cost, must be provided extent possible. Host countries must make efforts enable people affected by projects improve ir stard of living, income opportunities, production levels, or at least resre se pre-project levels. 14

17 Chapter 7 How can we use official objection procedures? What are Objection Procedures? JBIC/NEXI/JICA each have Objection Procedures that should make it more likely for you resolve problems caused by any projects y support, or request an investigation regarding violations of Guidelines. Who can file a request for investigation? If you have suffered or expect suffer directly from a JBIC/NEXI/JICA-supporting project, you can use se Objection Procedures. To request an investigation of a project using Objection Procedures, at least two people must file ger. In cases where it is impossible or dangerous for you file by yourselves, you can authorize an agent file a request on your behalf. What is process of Objection Procedures? Below is general process followed for Objection Procedures (while y differ somewhat for JBIC/NEXI/JICA y have much in common). Request: You send a request for investigation Office of Examiner of organization concerned (JBIC/NEXI/JICA). The Examiners must contact you within 5 business days inform you that your request has been received. Decision investigate: The Examiners will decide if an investigation should be carried out based on information in request. The Examiners will provide written notification of this decision you, project proponent, head of organization (president of JBIC, chairman of NEXI, or Governor of JICA). Investigation encouragement of dialogue: The Examiners will interview various parties collect information about project problems you have raised. The Examiners must remain neutral in se discussions. Report head of organization: The Examiners must write a report of findings of investigation submit it president (JBIC), chairman (NEXI), or governor (JICA). In this report, Examiners will declare an opinion on wher or not Guidelines were violated. If opinion is that Guidelines have been violated, Examiners can include recommendations improve compliance with Guidelines. Requesters ors who receive report can send comments Examiners. Follow-up: The head of organization will issue instructions that operational department(s) concerned must follow. The operational department(s) will inform Examiners about progress. For more information about Objection Procedures, please visit se websites. JBIC: ent/guideline/disagree/index.html NEXI: JICA: It may be difficult know exactly when how file a request. If you would like use Objection Procedures, we strongly recommend that you work ger with a Japanese NGO listed in Chapter 9 at end of this Guide. 15

18 How can we work with a Japanese Chapter 8 NGO for success? It can be helpful work with a Japanese discuss NGO JBIC/NEXI/JICA personnel, officials of when you communicate with JBIC/NEXI/JICA, or campaign against a project funded by one of m. If a problems with related ministries, politicians, etc make an effort in Japanese NGO persistently argues your attention Japan concerns in Japan, you may have more problems of project attract media regarding success in having your concerns heard. Examples of what a Japanese NGO might Feel free contact us with any questions be able help with are: you may have (See Chapter 9 for contact inform you how access project information). We or or NGOs may not be documents or information about able solve all problems of projects, project but it is our hope that we can have some advise you discuss how use positive effects in working constructively environmental social guidelines ward solutions of environmental effectively, in order address social problems caused by projects funded problems or sp funding of by Japanese public financial institutions. project meet with JBIC/NEXI/JICA explain Our ultimate goal is not only prevent problems of project, in order negative environmental social impacts ensure that y underst of funds from Japanese taxpayers, but go address your concerns furr than that, ensure that se invite someone from your community public funds help our world move ward a Japan, where you can directly more equitable sustainable society. JBIC decided not support A Vuong Hydropower Project (Vietnam) due violation of JBIC s guidelines. A major problem was miserable conditions for local people who had been moved a resettlement site. 16

19 Case Study 4 Joint activities of Japanese local NGOs address human rights violations in Philippines In some countries, it may be risky for an individual, a local community or an NGO voice concerns criticize government or any official project, due potential risk of harassment, threats, even assassination. If se kinds of risks or human rights violations exist in connection with a project funded by a Japanese public financial institution, it may be difficult secure social acceptability of project for local community, appropriate participation of local people, or appropriate consultation which are requirements stated in JBIC/NEXI/JICA environmental social Guidelines. In Philippines, re was no question that a series of politically-motivated killings increased especially during Arroyo Regime ( ) had silenced voices of citizens concerned about negative impacts of Japanese-funded projects. With cooperation of Japanese NGOs, a Philippine NGO network met with Japanese Embassy submitted a petition Japanese government requesting that it investigate human rights violations political killings in Japan-funded project areas in Philippines. After much effort by Philippine Japanese NGOs, which also held public seminars a series of meetings with politicians in Japan, Japanese government officially requested Philippine government make more effort deal with political killings. 17

20 Chapter 9 Contact Information Contact Information of Governmental Bodies JICA Head Office Ministry of Foreign Affairs (MoFA) 1-6th floor, Nibancho Center Building 5-25, (In case of JICA-supported Project) Niban-cho, Chiyoda-ku, Tokyo , Japan International Cooperation Bureau, Ministry of Tel: Foreign Affairs Kasumigaseki 2-2-1, Chiyoda-ku, Tokyo 100- JICA Environmental Social 8919 Japan Considerations Review Division TEL: Ministry of Economy, Trade Industry FAX: (METI) erte1@jica.go.jp (In case of NEXI/JICA-supported Project) * For each representative office, see contact Trade Economic Cooperation Bureau, details at Ministry of Economy, Trade Industry , Kasumigaseki, Chiyoda-ku, Tokyo Japan JBIC Head Office 4-1 Ohtemachi 1-chome, Chiyoda-ku, Tokyo Ministry of Finance (MoF) , Japan (In case of JICA/JBIC-supported Project) Tel: International Bureau, Ministry of Finance Fax: , Kasumigaseki, Chiyoda-ku, Tokyo kankyo-hairyo@jbic.go.jp 8940 Japan * For each representative office, see contact details at Japanese Embassy in each country See contact details at NEXI Head Office Chiyoda First Building, East Wing 3rd Floor, 38-1 Nishika, Chiyoda-Ku, Tokyo, , Japan Tel: Fax: info@nexi.go.jp 18 ex.html

21 Contact Information of Japanese NGOs FoE Japan (Friends of Earth Japan) JACSES is an independent, non-profit research (Regions or than Mekong Region center South Asia) environmentally F Ikebukuro Toshima-ku, Tokyo 171- equitable society in Japan throughout 0014 world. Its aid reform program, Sustainable Tel: , Fax: , Development Aid Program (SDAP), has a finance@foejapan.org goal eliminate environmentally socially Web: destructive FoE Japan is a memebr of an international environmentally NGO which deals with environmental problems development mainly in South Asia. promoting realization sustainable projects, socially of an socially promote sustainable at global level. As a member of Friends of Earth International,we have worked in Mekong Watch (Mekong Region) Japan since Or than development 2F Maruko Bldg., Higashi-ueno, Tai-ku, finance developing countries, FoE Japan Tokyo Japan tackles problems such as global warming, Tel: , Fax: , deforestation, waste. Our ultimate goal is info@mekongwatch.org creation of a world in which all people may Web: live peacefully equitably. Mekong Watch is a NGO based in Tokyo, combining research advocacy address Japan Center for a Sustainable Environment prevent negative environmental Society (JACSES) (South Asia) social impacts of development in Mekong 401 Sanshin Bldg., Iidabashi, Chiyoda-ku, Region. Mekong Watch is especially concerned Tokyo Japan about lack of consultation with affected Tel: Fax: , communities in development planning jacses@jacses.org implementation Web: financing. role Japanese 19

22 ABOUT THIS PUBLICATION This Guide is a joint publication of FoE Japan (Friends of Earth Japan), Japan Center for a Sustainable Environment Society (JACSES), Mekong Watch. It was made possible with financial support from C.S. Mott Foundation Sigrid Rausing Trust. Co-Authors: Eri Watanabe, Hozue Hatae, Kanna Mitsuta, Noriko Shimizu, Yuki Tanabe Design: Kanna Mitsuta Published by FoE Japan, JACSES, Mekong Watch 2010 by FoE Japan, JACSES, Mekong Watch For permission reproduce any part of this publication please contact finance@foejapan.org. 20