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Access to Environmental Information in JAPAN
Aarhus Net in Japan
Masami Kittaka
April 29, 2013
STRIPE at Jakarta
Aarhus Net
• An NGO network to realize Aarhus Convention in Japan
• Established in Oct. 2003• Members: Lawyers, Scholars, NGOs• http://www.aarhusjapan.org/index.html• Activities • Translation of the convention text • Publication of brochure about the
convention• Advocacy • Study meetings• Dialogue with governments
Access to Government Information Act
• Legislation National Level: Enacted in 2001 Local Level: 99.7 % of local governments have
information-disclosure ordinances • Fee (National level)
300 yen (≒US$3) + 10 yen/page for photocopy
90% was disclosed
2009 2010 2011 2009 2010 2011
Number of disclosure (National level)National government
All Part No All Part No
Independent Administrative Agency
Period: Jan. 31 – Feb. 18, 2013
Method: By Internet
Scope: Non profit organization all over Japan
Responses: 475 of 3,516 organizations (Response rate:13.5%)
Questionnaire to Environmental NGOs
ある, 66.3%
ない, 33.7%ある
ないNo YES
Have received governmental fund?
ある, 42.9%
ない, 57.1%
ある
ないNo
YES
Have contract with governments?
Questions about Information Env. Disclosure
知っている,
87.7%
知らない,
12.3%
知っている
知らない
Know Information Disclosure Act?
ある, 10.9%
ない, 89.1%
ある
ない
Ever requested inform based on Information Disclosure Act?
64.8%
12.8%
16.2%
12.3%
2.6%
10.7%
11.2%
11.7%
0.0% 25.0% 50.0% 75.0%
特に情報公開で得たい情報がない
から
どのような情報が得られるか分か
らないから
具体的にどのような手続きを取れ
ばよいか分からないから
手続きが煩雑そうだから
費用がかかりそうだから
時間がかかりそうだから
手続きをとっても、情報が出てく
ると思えないから
その他
YES
No
No
YES
Why not use the Act?There is no information that must be obtained by the act
Don’t know what kind of info can be obtained
Don’t know how to use it
Seems to difficult
Seems to cost much
Seems to take time
No expectation of disclosure
Others
Others:•Able to obtain info. without using the act•Able to ask the gov. staff for necessary info.•Afraid to jeopardize the relationship with the government
Other Comments on Information Disclosure
• Not easy process for lay persons• No clear standard for disclosure• Requirement for disclosure is too strict• Hard to identify the documents to be
disclosed• Government can become selective to
whom the info is disclosed.• Government asks reason for disclosure • Disclosed with lots of black out of
information
Limit of “Access to Information Act”in comparison with the Aarhus Convention
• Disclosing organs Limited to governmental organs Private companies providing public services (utility,
waste management and etc.) are not included.
• Exemption of disclosure Information on emissions of private companies could be
an exemption due to protect confidentiality of commercial and industrial information
Disclosure on CO2 Emission Case
NO!
GovernmentFactory
• Companies report consumption of energy amount by its factories to Ministry of Economy, trade and Industry (METI) based on the law on the “energy saving law”.
• An Environmental NGO requested disclosure of reported data by factories on the Act
• Judgment by Supreme Court (Oct. 14, 2011)• Disclosure may threaten the competitiveness of the
companies.• The data is not necessary to protect human health and
life.
Nishiyodogawa Air Pollution Case• Nishiyodogawa: Industrial Area • Plainttifs: 726 Pollution ( 1st-4th groups) Slogan “we want to leave a blue sky to our children” • Defendants: 10 major companies + Japanese Government
+ Highway management company• Duration: 21 years (1978-1998)• Compensation: 3.99 billion yen (Settlement for 1st lawsuit in 1995) 1.5 of 3.99 billion is used for renewal of community 3.99 billion yen ≒ US$ 40 million• The Aozora (=blue sky) Foundation was established in 1996
http://aozora.or.jp/nishiyodogawakougai/
First Hearing in 1978 Judgment (1st instance for 1st group) in 19916000 people marched to the court house.
Environmental information in Nishiyodogawa case
http://aozora.or.jp/nishiyodogawakougai/9.html
• Discovery of victims by local doctors• Medical survey in collaboration with
school doctors• Questionnaires by victims’ group• Various Scholars' assistance
• Scientific data on the airstream• Analysis of statistical data• Estimate on emission from the
corporations• Historical back ground
• Publication of defendants• Statement of victims• Media coverage
Nishiyodogawa in 1962
Severe air pollution since 1960’s“Shopping mall of pollution diseases”
Lack of sense of human rights among residents
Thank you!
Masami [email protected]