Daisuke Takahashi: "”Tokyo Olympic Sustainable Sourcing Code and its Grievance Mechanism in a Japanese Legal Context” "

Daisuke Takahashi, Partner Attorney, Shinwa Sohgoh Law Offices and Vice Chair, CSR Project Team, Japan Federation of Bar Associations, is one of the leading voices in the area of Japanese corporate social responsibility (including sustainability and business and human rights). It has been my great pleasure to post some of his work before:  Daisuke Takahashi on the Japan Federation of Bar Association's Guidance on Human Rights Due Diligence Plus JFBA Model Clause in Supplier Contract (2016); and Daisuke Takahashi on "Japanese Lawyers' Engagement to Avoid the 'Lost in Translation' Effect on Business and Human Rights" (2015).

Mr. Takahashi made a quite important presentation at the last U.N. Forum for Business and Human Rights, held in Geneva in late November 2017. Organized by the Global Compact Network Japan, the

Institute of Developing Economies, IDE-JETRO -EY Japan and Climate Change and Sustainability Services, the session was entitled Taking stock and reiterating commitment to remedy: Embedding respect for human rights in the Tokyo Olympics. It considered the challenges facing Japan as it seeks to embed corporate responsibility to respect human rights (along with a refinement of the state duty to protect human rights being developed through a Japanese National Action Plan) into the preparations for the 2020 Tokyo Olympics.

Mr. Tahahashi had very kindly given me permission to share his presentation slides, which follow below. The excellent and quite useful presentation material is provided below. Links are also provided to the Taking stock and reiterating commitment to remedy session description, the  Tokyo 2020 Sustainable Sourcing Code, and the Tokyo 2020's outline of the Grievance Mechanism (also reproduced below in provisional translation). These are all worth careful study and engagement. 

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Taking stock and reiterating commitment to remedy: Embeddingrespect for human rights in the Tokyo Olympics

Parallel session
29 November
13:30-14:45
Organized by the Global Compact Network Japan, the Institute of Developing Economies, IDE-JETRO -EY Japan and Climate Change and Sustainability Services

Background: At the 2016 Forum the Permanent Mission of Japan announced the commitment to the implementation of the Guiding Principles, the commencement of the National Action Plan formulation process and a commitment that the Tokyo Organizing Committee of the Olympic and Paralympic Games will take into full account the impact of its procurement process on human rights and labour issues.

In March 2017, the first edition of the Tokyo 2020 Olympic and Paralympic Games Sustainable Sourcing Code was formulated. This Code includes the specific Sustainable Sourcing Codes for Agricultural Products, Livestock Products and Fishery Products and the revised Sustainable Sourcing Code for Timber, and will in future also include codes for palm oil and paper.
Addressing access to remedy, the Code sets out a commitment to establish a grievance mechanism to accept and investigate reports of breach of the Code by supplier companies, the details of which are being defined separately by Tokyo 2020.

With three short years to crystallize ongoing work towards a sustainable Tokyo Olympics, 2017 represents an important moment to take stock of progress towards embedding protection of, and respect for, human rights in the Tokyo Olympics, and to recommit to ensuring access to remedy.
Session outline: At this session key players will share their view of progress and challenges and seek input from participants on their expectations. CSO Network representatives will also discuss how these efforts connect to the ongoing National Action Plan drafting process in Japan.

Key discussion questions:

• What has been done to embed respect for rights into Tokyo2020? In particular, what has been done to ensure access to remedy?
  
• What has been the reaction from, and what are the expectations from, companies and civil society in Japan in preparation for Tokyo2020?
  
• How does this link to the ongoing NAP process in Japan?
  Target audience:
  
  •   All stakeholders interested in Japan’s progress on business and human rights and the Games as a catalyst for improvements in both the state duty and corporate responsibility.
    
  •   NGOs tracking the progress of Japan and Japanese companies ahead of the Olympics
    
  •   Governments considering hosting future mega sporting events
    
  •   Companies seeking to understand expectations and actions to incorporate respect for human
    rights in the context of event sponsorship/partnership
    Speakers:1
    

•   Masataka Nagoshi, Manager, EY Japan, Climate Change & Sustainability Services (Moderator)
  
•   Takeo Tanaka, Senior Director of Sustainability, Tokyo Organising Committee of the Olympic and
  Paralympic Games
  
•   Chikako Miyata, Vice President, Corporate Brand & CSR, ANA HOLDINGS INC
  
•   Daisuke Takahashi, Vice Chair, CSR Project Team, Japan Federation of Bar Associations
  
•   Minky Worden, Director of Global Initiatives, Human Rights Watch
  
•   Miwa Yamada, Director, Law and Institutions Study Group, Institute of Developing Economies,
  IDE-JETRO (Final comments)
  

1 Further information on speakers provided in Annex

ANNEX. SPEAKERS SHORT BIOS AND DISCUSSION INFORMATION.

Mr Takeo Tanaka, Senior Director of Sustainability, Tokyo Organising Committee of the Olympic and Paralympic Games
Mr. Tanaka was appointed the head of Sustainability of Tokyo Organising Committee of the Olympic and Paralympic Games in April, 2015. He serves as a member of IOC Sustainability and Legacy Commission and a member of JOC Sports and Environment Commission.
Mr Tanaka will discuss both the vision for, and implementation mechanisms, concerning respect for human rights in the context of the Tokyo Olympics, including progress on the development of a grievance mechanism.

Ms Chikako Miyata,Vice President, Corporate Brand & CSR, ANA HOLDINGS INC
ANA Group is a Japanese airline group that utilizes its domestic and international networks to develop operations in various fields centering around its Air Transportation business. ANA is an official Partner of the Tokyo Olympics. Ms Miyata is the vice president of Corporate Brand & CSR and in charge of Human Rights, Environment, Social Contribution and Corporate Brand.
ANA Group is pursuing efforts to respect human rights based on the United Nations Guiding Principles on Business and Human Rights.
As official Partner of the Tokyo Olympics, ANA will discuss the human rights-related mechanisms it is strengthening and putting in place, and the remaining challenges it must tackle, ahead of the Olympics.

Mr Daisuke Takahashi, Partner Attorney, Shinwa Sohgoh Law Offices / Vice Chair, CSR Project Team, Japan Federation of Bar Associations
As Japanese attorney, Daisuke has been advising companies and organizations on legal compliance issues and corporate sustainability issues. As Vice Chair of CSR Project Team of Japan Federation of Bar Associations (JFBA), he contributed to drafting the JFBA’s Human Rights Due Diligence Guidance and Anti Bribery Guidance. Daisuke is also an Officer of the CSR Committee of the IBA; a Lecturer at Sophia University; and a Member of Research Committee on Business & Human Rights at IDE-JETRO.
Having advised on the content, Mr Takahashi will share legal insights on how the Sourcing Code has embedded the elements of human rights due diligence, and how it might positively affect future procurement practice and legal compliance practice in Japan.

Ms Minky Worden, Director of Global Initiatives, Human Rights Watch

As Human Rights Watch's Director of Global Initiatives, Minky Worden develops and implements international outreach and advocacy campaigns. She previously served as Human Rights Watch's Media Director, working with the world’s journalists to help them cover crises, wars, human rights abuses and political developments in some 90 countries worldwide.
As Human Rights Watch's Director of Global Initiatives, Minky Worden will share her expectations for the Tokyo Olympics from the perspective of Human Rights Watch’s extensive experience with outreach and advocacy in the context of mega sporting events
@MinkysHighjinks

Ms Miwa Yamada, Director, Law and Institute Studies Group, Inter-disciplinary Studies Center, Institute of Developing Economies, IDE-JETRO
LL.M (Georgetown), LL.M (King’s College London), joined Institute of Developing Economies after working at a business law firm. Served as a Rapporteur at 2016 Asia Regional Forum on Business and Human Rights, Doha. Current research interests include human trafficking, human rights due diligence in supply chain with focus on migrant workers in Japan and Asian countries, implementation of UN Guiding Principles on Business and Human Rights in practice, human rights risks and responsibilities in government and private sector co-financing projects. Recent writings includes: ‘Legal Technical Assistance and “UN Guiding Principles on Business and Human Rights” – All for the Rights of People– ICD News Law for Development, February 2017, Research and Training Institute, Ministry of Justice, Japan.
Ms Yamada will comment on the presentations and the interventions and explain Japanese quasi- governmental research institute, IDE-JETRO’s research on responsible supply chain practices of Japanese companies in the Asia region, conducted to contribute evidence-based measures to the NAP drafting process