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Date:  Wed, 13 Nov 2002 15:09:57 +0900
From:  Mekong Watch Japan <info@mekongwatch.org>
Subject:  Mekong Watch CATFISH TALES Issue #7 (13 November 2002)
To:  catfish@mekongwatch.org
Message-Id:  <200211130609.gAD69v3L004634@smtp14.dti.ne.jp>
X-Mail-Count: 00007

Mekong Watch CATFISH TALES

5 November 2002  Issue #7 (13 November 2002)

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CONTENTS

1.  JAPANESE POLICY NEWS:  JBIC and JICA NOW SUBJECT TO NEW INFORMATION 
DISCLOSURE LAW.  1 October 2002.
	Japan's implementing agencies of ODA are now subject to the information 
disclosure law.  Though obstacles to transparency  of JBIC and JICA 
operations remain, it is expected that the information disclosure law will 
help to facilitate people's understanding of JBIC and JICA's role and work 
in ODA operations.

2.  JAPANESE POLICY NEWS:  COMPLAINTS PROCEDURE FOR JBIC's ENVIRONMENTAL 
GUIDELINES STILL NEED IMPROVEMENT.  31 October 2002.
	Though improvements have been made over the initial draft of the 
complaints procedure for JBIC's new environmental guidelines, there are 
still concerns regarding information disclosure and limitations on when 
complaints will be accepted.

3.  PROJECT MONITORING:  TA TRACH DAM PROJECT (VIETNAM) SAPROF I STUDY 
FINISHED.  11 October 2002.
	A JBIC-financed supplementary study of environmental and social impacts 
expected from the Ta Trach Dam Project has been completed.  It is unclear 
how much information from the process of the study will be disclosed.

4.  MEKONG WATCH E-MAIL/WEBSITE
	NEW!  We have just put up a new English website.

5.  TO SUBSCRIBE AND UNSUBSCRIBE

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1.  JAPANESE POLICY NEWS:  JBIC and JICA NOW SUBJECT TO NEW INFORMATION 
DISCLOSURE LAW

On 1 October 2002, a new law entitled the "Law Concerning Access to 
Information Held by Independent Administrative Institutions" went into 
effect.  As a result, information held by the Japan Bank for International 
Cooperation (JBIC) and the Japan International Cooperation Agency (JICA) 
are now subject to subject disclosure.

Japan is one of the world's largest providers of ODA, and much of this ODA 
has been lacking in transparency and accountability.  One reason for this 
is due to the fact that accessing information from the Japan Bank for 
International Cooperation (JBIC) and the Japan International Cooperation 
Agency (JICA) has been incredibly difficult.  These institutions are 
largely responsible for financing and overseeing the implementation of ODA 
loans, grants, and technical assistance.  JBIC is also Japan's export 
credit agency.  Because these institutions have not been subject to 
regulations related to public access to information, they have often 
ignored the voices of those who requested information.

In April 2001, a similar information disclosure law went into effect for 
government ministries and agencies.  JBIC and JICA, however, were not 
subject to this law.  In the Japanese ODA system, however, it is JICA and 
JBIC who hold most of the specific information regarding ODA projects.  The 
information held by the supervising ministries (such as the Foreign and 
Finance Ministries) is actually limited.  Due to this problem, strong 
demands were made for an information disclosure law which would apply to 
these institutions as well.

With the new law in effect as of October 2002, written requests for 
information can be submitted to JBIC and JICA, and in principle, these 
institutions must disclose the requested information.  There are some 
documents, however, which are exempt from disclosure if they are found to 
meet certain criteria.  Such criteria includes information which, if 
disclosed, would damage the relations between Japan and other 
countries.  Information which would detract from neutrality of 
decision-making may also be kept confidential.

The interpretation of these criteria are a concern, especially when 
examining the response to information disclosure requests by the Japanese 
Foreign Ministry, one of the supervising ministries of JBIC and 
JICA.  Under the earlier information disclosure law enacted on 1 April 
2001, the Ministry of Foreign Affairs (MOFA) and other Japanese ministries 
must respond to requests for information disclosure.   In fiscal year 2001 
(1 April 2001 - 31 March 2002), MOFA received 2000 requests through the 
information disclosure law.  Of these, 867 requests were denied 
(43.4%).  Only 254 requests (12.7%) were disclosed in full, and 879 (44%) 
were partially disclosed. It is interesting to note that the overall figure 
for information disclosure of all ministries and agencies combined is about 
90% (including both full and partial disclosure).  MOFA plays a 
disproportionately large part in rejecting requests for information 
disclosure.

There are many issues which remain to be addressed, even with the new 
law.  Requests for information must be submitted in Japanese, and requests 
for information cannot be submitted to JBIC and JICA's overseas 
offices.  In addition, if the government of a country receiving ODA objects 
to the disclosure of information, it can remain undisclosed.  There is 
still a long way to go before ODA will be truly accountable to local 
communities of countries receiving ODA.

This said, this law will also enable public access to many documents which 
have never been made public before.  Mekong Watch will also be submitting 
many requests to JBIC and JICA for information relevant to development 
projects in the Mekong Region.  In addition, we would like to assist 
communities in the Mekong Region to submit requests for information should 
the need arise.

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2.  JAPANESE POLICY NEWS:  COMPLAINTS PROCEDURE FOR JBIC's ENVIRONMENTAL 
GUIDELINES STILL NEED IMPROVEMENT.

In the last issue of Catfish Tales, JBIC had released its first draft of 
the Complaints Procedure for its new Environmental Guidelines with many 
very serious flaws.  Since then, there have been a series of public 
consultations, and a second draft was released 31 October 2002.  Notable 
improvements have been made, but 2 major concerns remain.  These are the 
duration in which JBIC will accept complaints and information disclosure.

After the release of the JBIC's first draft, the corporate sector and NGOs 
submitted papers in response.  These papers became the basis of discussions 
at the public consultations held since then.  The proceedings of the 
consultations have also improved since they first began.  Originally, 
representatives of the corporate sector made interventions which opposed 
the establishment of a complaints procedure, but this situation has been 
remedied, and discussions have contributed to the revisions leading to the 
second draft.

In the second draft, there are notable points such as acceptance of 
complaints in the official language of the recipient country, and the 
acceptance of complaints even during the monitoring phase after lending has 
been completed.

Problems remain, however, mainly in regard to acceptance of complaints only 
after loan agreements have been signed, and the degree of information 
disclosure.  Concerns regarding both these issues are now being raised not 
only in the public consultations, but also by Members of Parliament in 
various parliament committees.

Regarding the question of the duration in which complaints will be 
accepted, the current proposed procedures allow complaints to be filed only 
after loan agreements have been signed.  JBIC's justification for this is 
the Administrative Appeal Law upon which they base their 
argument.  According to this Law, complaints in domestic procedures can 
only be filed against decisions which have been made.  JBIC's decision as 
an organization would be first embodied in a loan agreement.  Anything 
before then is still simply part of the process of coming to a decision, 
and is thus beyond the scope of things subject to the complaints procedure.

JBIC's argument ignores the fact that one of the purposes of the complaints 
procedure is to facilitate prevention of problems.  Reflecting on the 
history of international finance institutions, the need to allow complaints 
to be filed prior to loan agreements is recognized by many, aside from JBIC 
and the corporate sector.  It should also be remembered that the results of 
complaints proceedings are not legally binding, making it virtually 
impossible to make changes in the contract (ie the loan agreement) for a 
project even if non-compliance were to be found.  It is therefore 
inappropriate for JBIC to base its reasoning on the Administrative Appeal 
Law.

Regarding information disclosure, the same Administrative Appeal Law is 
used to justify disclosing only the results of Inspections of the 
complaints filed.  Other information during the process of decision-making, 
such as notification of receipt of complaints, the decision on whether or 
not to investigate the complaint, and the reasons for that decision will be 
sent directly to the complainant, but will not be disclosed by JBIC 
itself.  The information specified for disclosure are the final report of 
the Inspector, the Inspector's annual report, and the opinion of the 
Investment and Finance Department of JBIC.  As a result, it is likely that 
inspections could be carried out, unknown to the public, until the process 
is completed.

These two points will be discussed at the last public consultation to be 
held on Nov 18.  In the brief one week since the previous consultation, 
Members of Parliament have on several occasions spoken strongly in favor of 
allowing early filing of complaints and more complete information 
disclosure. Such discussions have been held at a hearings of the Democratic 
Party's Environment Subcommittee, the Foreign Affairs Committee of the 
Lower House, the Environment Committee of the Upper House, and at a meeting 
for members of GLOBE (Global Legislators' Organization for a Balanced 
Environment).  Concerns were also expressed in a non-partisan petition to 
JBIC's president.

On the other hand, it is interesting to note that the Parliamentary 
Secretary for the Foreign Ministry and the Councilor for the Finance 
Ministry have made positive noises regarding the need to address these 2 
points, responses quite different from JBIC's.  As these are JBIC's 
supervising Ministries, it is hopeful that improvements can still be made.


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3.  PROJECT MONITORING:  TA TRACH DAM (VIETNAM) SAPROF I STUDY FINISHED

The SAPROF I Study for the Ta Trach Dam Project (see Catfish Tales Issue #4 
[15 July '02]) has been completed.  This project is a plan for a dam on the 
Huong River in Central Vietnam, mainly for the purpose of flood 
control.  The SAPROF I study financed by JBIC was to examine the 
environmental and social impacts of the project, as well as some of the 
geological concerns.

While it is commendable that JBIC is being cautious and conducting 
supplementary studies on the social and environmental impacts that this dam 
would have, there are some serious concerns regarding the quality of the 
SAPROF I study.  Major concerns include:

	a. Insufficient investigation of downstream impacts, in particular on a 
lagoon ecosystem at the mouth of the Huong River,

	b.  Local people have not been provided with enough information about the 
risks that dams pose to their livelihoods and environments,

	c.  Important studies on preventative measures for floods in Central 
Vietnam and the impacts of other dams in Vietnam have been conducted, but 
they have not been reviewed by the SAPROF I team.  Lessons from the past, 
therefore, cannot be expected to be incorporated into the conclusions of 
the SAPROF I study.

	d.  Alternatives to the Ta Trach Dam project have been examined with a 
focus on flood control rather than disaster management.

The report of the SAPROF I study is expected to be completed by the end of 
this month.  It is expected that the final report of the study will be 
disclosed. However, Mekong Watch is urging JBIC to ensure that all relevant 
information leading to the conclusions made in the report will be disclosed 
as well.


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4.  MEKONG WATCH E-MAIL/WEBSITE

To facilitate better understanding of official Japanese involvement in 
development in the Mekong Region, as well as the activities of Mekong 
Watch, we have put up a new English website.  It is still very basic with 
many pages still under construction, but take a look, and keep an eye out 
for additions!

	http://www.mekongwatch.org/english/

Suggestions and questions are always welcome.

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5.  To Subscribe and Unsubscribe

To subscribe to or to unsubscribe from CATFISH TALES, please visit the 
following:

http://www.mekongwatch.org/english/catfish/

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Mekong Watch Japan
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1-20-6 Higashi-Ueno
Taito-ku, Tokyo 110-0015  JAPAN
Tel: +81 3 3832 5034
Fax:  +81 3 3832 5039
E-mail:  info@mekongwatch.org
Website:  http://www.mekongwatch.org/english/