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April 1, 2015 President Akihiko Tanaka Japan International Cooperation Agency Nibancho Center Building 5-25 Niban-cho, Chiyoda-ku, Tokyo 102-8012 Japan Re: Follow-up questions for JICA on human rights policies and practices Dear JICA President Tanaka, Thank you very much for the letter titled “ Reply to the Question from Human Rights Watch regarding Human Rights Policies and Practices on December 22nd 2014” delivered to Human Rights Watch on February 13, 2015. We listed country specific recommendations and a few questions that are left without answers. In light of our publishing schedule, we would welcome your response by May 10, 2015 to Kanae Doi, Japan Director, at doik@hrw.org. We will combine these with previous information and submit a letter to JICA soon thereafter with a full set of findings and recommendations. Please do not hesitate to contact me or Ms. Doi should you have any questions. Yours sincerely,

Brad Adams Executive Director Asia Division cc: Foreign Minister Fumio Kishida

HUMAN RIGHTS WATCH

350 Fifth Avenue, 34th Floor New York, NY 10118-3299 Tel: 212-290-4700 Fax: 212-736-1300 Fax: 917-591-3452

A S I A D I V I S I O N Brad Adams, Executive Director Kanae Doi, Japan Director Meenakshi Ganguly, South Asia Director Phelim Kine, Deputy Director Elaine Pearson, Australia Director Sophie Richardson, China Director Phil Robertson, Deputy Director John Sifton, Advocacy Director Ali Dayan Hasan, Pakistan Director Mickey Spiegel, Special Advisor Heather Barr, Senior Researcher Nicholas Bequelin, Senior Researcher David Mathieson, Senior Researcher Sunai Phasuk, Senior Researcher Tejshree Thapa, Senior Researcher Jayshree Bajoria, Researcher Carlos H. Conde, Researcher Andreas Harsono, Researcher Maya Wang, Researcher Ahmad Shuja, Research Associate Shaivalini Parmar, Senior Associate Riyo Yoshioka, Senior Associate Julia Bleckner, Associate Yuko Narushima, Associate Storm Tiv, Associate

A D V I S O R Y CO M M I T T E E David Lakhdhir, Chair Orville Schell, Vice Chair Maureen Aung-Thwin Edward J. Baker Robbie Barnett Robert L. Bernstein Jagdish Bhagwati Jerome Cohen John Despres Jose Manuel Diokno Mallika Dutt Kek Galabru Merle Goldman Jonathan Hecht Paul Hoffman Sharon Hom Rounaq Jahan Ayesha Jalal Robert James Joanne Leedom-Ackerman Perry Link Kimberly Marteau-Emerson Krishen Mehta Andrew J. Nathan Yuri Orlov Xiao Qiang Bruce Rabb Balakrishnan Rajagopal Ahmed Rashid Victoria Riskin Barnett Rubin James Scott Mark Sidel Eric Stover Ko-Yung Tung Francesc Vendrell Tuong Vu

H u m a n R i g h t s W a t c h

Kenneth Roth, Executive Director Michele Alexander, Deputy Executive Director, Development and Global Initiatives Carroll Bogert, Deputy Executive Director, External Relations

Iain Levine, Deputy Executive Director, Program

Chuck Lustig, Deputy Executive Director, Operations

Walid Ayoub, Information Technology Director

Emma Daly, Communications Director

Barbara Guglielmo, Finance and Administration Director

Peggy Hicks, Global Advocacy Director

Babatunde Olugboji, Deputy Program Director

Dinah PoKempner, General Counsel

Tom Porteous, Deputy Program Director

James Ross, Legal & Policy Director Joe Saunders, Deputy Program Director

Frances Sinha, Human Resources Director

James F. Hoge, Jr., Chair

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I. A few follow up of the questions to the letter delivered on February 13, 2015

1. Regarding the response to the question 7, JICA responded “our response meant that we are not

being involved in any existing conflicts at the moment. JICA Headquarters was aware of the case of the SEZ at Sihanoukville and have so far tackled the concerns raised by the local residents together with our office in Phnom Penh and the Government of Cambodia.” Please clarify 1) what were the concerns raised by the local residents, 2) what JICA did to address them, 3) when and how JICA believes the concerns were addressed, and 4) what steps, if any, were taken to prevent such concerns to be raised in future projects.

2. Regarding the response to the question 8, JICA responded that modification and cancellation of

each individual projects “are not classified in terms of the reasoning behind such modification. Furthermore, the volume and velocity of such record being produced is beyond JICA’s research capacity to analyze.” If JICA does not “have the list of project modification and cancellation,” how, if any, does it systematically accumulate institutional memories on projects modified or cancelled by human rights concerns? If you have any measures apart from compiling “list” please clarify.

II. Questions regarding country specific recommendations

Human Rights Watch has come up with some country specific recommendations based on the exchange of letters as well as the meetings the Asia experts of Human Rights Watch had with JICA on November 6-7, 2014. If JICA has already took or planning to take actions to address the concerns in relation to the recommendations or JICA has reasonable evidences to believe the recommendations are inadequate or irrelevant, please provide such evidences and explain your status positions. Please be specific to the extent you can. Afghanistan • Consider expanding their current program funding the training of female police officers and raise

in meetings with Afghan officials the need for safe facilities for female police, with locking changing rooms and female-only toilets, and consider funding the construction of such facilities.

• Fund the construction and staffing of shelters for women and girls. • Ensure that JICA's literacy training, teacher training and vocational training programs –including

those in the south of Afghanistan--actively recruit female participants and take place where women can access them.

For more information on Afghanistan, visit http://www.hrw.org/asia/afghanistan Bangladesh: • In planning projects in Chittagong Hill Tracts, make sure to consult with indigenous groups, local

residents, communities, local and international human rights NGOs including Human Rights Watch, considering the reports by both international and local human rights groups which found continued acts of violence and discrimination against indigenous groups. There have been repeated clashes between ethnic and religious minority groups and “settlers” who belong to the majority Bengali community, and there are credible reports of arbitrary arrests, torture and unlawful killings. There are credible allegations of the use of sexual violence against the indigenous population by security forces in attempts to grab land and force indigenous population out.

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• Continue and possibly expand the inspection projects JICA is currently carrying out at garment and other factories which UNIQLO sources from. Ensure that inspections are carried out by independent experts and meet the standards set out by the ILO, the Bangladesh Accord for Worker Safety and the Alliance for Bangladesh Worker Safety. The inspections should also ensure that all factories, in addition to meeting fire and safety standards, do not employ minors, that workers are free to form and participate in labour unions, and that wages are in accordance with the Bangladesh government’s wage standards. If UNIQLO sources leather from tanneries, inspections should make sure that workers are not subject to hazardous and toxic conditions, and that the long promised relocations of the tanneries takes place as expeditiously as possible.

• Bangladesh’s security forces, and in particular, the Rapid Action Battalion, have a long history of serious human rights violations. Any assistance that JICA extends to training police and military forces should emphasize the importance of accountability, and should not reward any unit or individual implicated in violations.

For more information on Bangladesh, visit http://www.hrw.org/asia/bangladesh

Burma: • With broad and transparent discussions with refugees, communities, and other local

stakeholders, evaluate the risk the “Preparatory Survey for the Integrated Regional Development Plan” and other development projects in Eastern Burma entails for returns of refugees and internally displaced persons in safety and dignity, including the possibility of spurring premature refugee returns.

• Draw lessons from the ongoing conflicts with the local residents regarding the Thilawa SEZ projects and come up with a reformed process for the future projects related to the “Preparatory Survey for the Integrated Regional Development Plan”, taking into account the inherent dangers of operating in these areas with many armed groups and dangerous conditions, which did not exist in Thilawa.

• On top of consultations with local stakeholders, ensure regular consultation with Burmese media and international NGO’s on JICA projects to ensure transparency of projects. These would include groups such as HRW, ICJ, MCRB, Mekong Watch, ERI, and land rights NGO’s.

For more information on Burma, visit http://www.hrw.org/burma Cambodia: • Evaluate why and how the rule of law related projects to the Cambodian judiciary and the Bar did

not achieve the original goals and how the political control of the judiciary and the Bar negatively affected JICA’s project.

• Based on such evaluations and lessons learned, reform JICA’s future governance related projects so that JICA has intentions and systems to take steps to mitigate any political control, which can adversely affect JICA’s projects.

• Make clear to the Cambodian government that Japan is willing to assist the electoral reform only when there is genuine reason to believe that it will contribute positively to making future elections free and fair and avoid to merely provide a technical gloss on today’s fundamentally unreformed system.

For more information on Cambodia, visit http://www.hrw.org/asia/cambodia India:

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• In doing any projects related to sanitation and health, make sure that minorities and marginalized populations benefit from the project and the projects contribute to addressing existing discrimination.

• Start to learn the Foreign Contribution Regulation Act (FCRA), which is used to stifle dissent by restricting access to foreign funding for domestic nongovernmental organizations that have been critical of the government. Make sure to speak up against the law when any groups JICA works with are targeted by the government through the FCRA.

• Given JICA’s commitment to disability and a dedicated policy, it would be invaluable to have JICA provide technical assistance to the Indian government and fund community-based services for persons with disabilities, particularly psychosocial or intellectual disabilities, in India. HRW’s disability research in India found that due to a lack of services, women and girls with psychosocial or intellectual disabilities end up being institutionalized in mental hospitals and residential institutions where they face abuses ranging from physical and sexual violence to forced treatment including electroshock therapy. (For example, see http://www.hrw.org/ja/news/2014/12/03 )

For more information on India, visit http://www.hrw.org/asia/india Indonesia: • Ask the Indonesian government to open the access for international donors including Japan to

work in Papua. In Papua, Japan should especially work on education and health sector. Japan should also continue to ask Indonesian to release political prisoners in Papua. (for example, see http://www.hrw.org/reports/2010/12/01/policing-morality-0 )

• Discuss the discriminatory bylaws in Aceh, made in the name of Islamic sharia, including at the JICA-sponsored conference on the 10th anniversary of the tsunami in Aceh in December. Ask the Aceh government to revoke the bylaws. (for example, see http://www.hrw.org/news/2014/10/02/indonesia-aceh-s-new-islamic-laws-violate-rights, http://www.hrw.org/reports/2010/12/01/policing-morality-0 )

• Ask the Indonesian National Police to stop discriminatory and degrading “virginity tests” to female applicants. (for example http://www.hrw.org/node/130849)

For more information on Indonesia, visit http://www.hrw.org/asia/indonesia Nepal: • Regarding the “Project for Strengthening the Capacity of Court for Expeditious and Reliable

Dispute Settlement,” make sure to have a strategy to encourage the Nepali government to prioritize conflict resolution through independent judiciary and make it accessible to all Nepali people.

• JICA’s legal reform support to Nepal should include a focus on equality of citizenship laws, both in the constitution and in separate legislation. Nepal traditionally does not allow mothers to confer citizenship status to their children, a position that has left an estimated 4.3 million people stateless and therefore without recourse to very basic rights. The proposed draft in the constitution would continue this unfair practice.

• Within the new proposed criminal code, several aspects continue unfair practices of the previous Muluki Ain. HRW can provide particular instances of the proposed code which are deeply flawed. In particular, we are concerned about the new draft concerning investigating and prosecuting sexual violence allegations.

• In light of Japan’s participation into the SSRP (School Sector Reform Program), integrate the

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needs of children with disabilities into existing and future programs and policies, especially teacher training. Strengthen the capacity of the Nepalese government to implement an inclusive education approach (education of children with disabilities in mainstream schools) through the development of stronger planning, implementation and monitoring and evaluation processes and by encouraging greater collaboration among relevant ministries. More closely monitor the implementation of inclusive education by encouraging the government to collect and disaggregate data, including on the enrollment rate,repetition rate, and the pass rate of children with disabilities. (See more at http://www.hrw.org/reports/2011/08/24/futures-stolen. More than half of the children with disabilities or their family members told HRW that children with disabilities did not attend formal school. All children interviewed were denied admission by schools both public and private or their parents were unaware that their children had the right to go to school like all other children. Despite the significant funds provided to the Nepalese government, few schools were accessible for children with disabilities, such as having ramps and accessible toilets. Most teachers were not adequately trained to manage children with disabilities. There was no flexible school curriculum to meet the learning needs of children with different disabilities.)

For more information on Nepal, visit http://www.hrw.org/asia/nepal Pakistan: • In order to avoid JICA’s training program in Balochistan University for Information and Technology

in Quetta would assist to perpetuate a discriminatory situation against Hazara minority, ask the University to provide the number of Hazara participants in the trainings and ask the University and the Balochistan government, under whose supervision the University operates, to give a commitment and display intent to take steps to ensure accessibility for the Hazara minority to the trainings.

• Regarding JICA’s project with the Khyber Pakhtunkhwa provincial government in carrying out vocational training in Peshawar, find out the percentage of female trainees and discuss with the Khyber Pakhtunkhwa government about the safeguards to allow for more female and other minorities participation.

• Press the provincial government of Sindh to insert special safeguards and measures to ensure the participation of women and minorities (particularly members of the lower caste Hindu community) in the Primary-Secondary education project in Sindh. Women and lower caste Hindus are particularly disadvantaged groups in Sindh. The access to education is a more acute problem for women in Sindh.

For more information on Pakistan, visit http://www.hrw.org/asia/pakistan The Philippines: • Evaluate how the Philippine National Police has improved its forensic capabilities through

Japan’s two decades of support in the area. • Encourage and support the Philippine National Police to properly investigate the extrajudicial

killing cases and overcome the ongoing impunity. (for example, see http://www.hrw.org/reports/2014/05/20/one-shot-head, http://www.hrw.org/reports/2011/07/18/no-justice-just-adds-pain-0)

• Ensure that Japanese government support for the peace process in Mindanao between the government and the Moro Islamic Liberation includes a human-rights component, such as support for capacity-building for the newly formed Regional Human Rights Commission of the

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Autonomous Region in Muslim Mindanao as well as to grassroots human-rights NGOs in the region.

• Include gender equality and LGBT rights among the themes it should support, expanding from its current programs for women’s and children’s health, particularly in the provinces.

For more information on the Philippines, visit http://www.hrw.org/asia/-philippines Sri Lanka: • Find out the sub-contractors of JICA projects in the North and East of Sri Lanka, where military

personnel run various projects which are traditionally the domain of civilian government. Farms, fisheries, shops, schools, development projects, reconciliation efforts between the communities: these are regularly run by the military rather than local government. As a result, the military, which has been implicated in the deaths of an estimated 40,000 persons from just the end of the war period alone, is benefitting from these projects and the local population is left out. Institutionalize a system to keep truck of sub-contractors of JICA projects in order to make sure the local communities benefit from JICA contracts and JICA does not contribute in perpetuating the current situation where military is exerting control over the local population and development.

For more information on Sri Lanka, visit http://www.hrw.org/asia/sri-lanka Thailand: • In the negotiations for development projects, there should be serious discussions with Thai

counterparts regarding favorable conditions for investment in terms of democratic governance and respect for human rights.

• Be more willing to publicly raise concerns about human rights and respect for democratic principles.

For more information on Thailand, visit http://www.hrw.org/asia/thailand Vietnam: • Be aware that in every aspect of JICA’s assessment and monitoring including the assessment

phase of a project, JICA should have no illusion that the independent examiner that they hire in Japan will have complete freedom to access information they need to assess the social and environment impact. Likewise, during different phases of the project, examine the reports provided by local authorities with a grain of doubt --- despite the seemingly opened atmosphere, Vietnam is a heavily policed society, especially in rural and mountainous areas and an outsider, and even a Vietnamese, who comes to a rural area with no previous local contact will likely be soon noticed and will be either openly or discreetly followed by the police.

• On top of hiring independent examiners, hire independent translators not from Vietnam, in order to make sure they are less likely to be intimidated by the Vietnamese police.

• Insist that the local authorities do not interfere with the project examiner’s visits, which does not likely to end such interference but can lessen it.

• Starts to consider the ways to get involved in the compensation process, instead of simply receiving report from the Vietnamese local partners, considering the situation that JICA is not likely to have complete freedom to access local people without authority’s interference in the heavily policed state such as Viet Nam.

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• Given the widespread corruptions in Vietnam, including projects funded by Japan, show zero tolerance to corruption, as corruption affects everybody, especially those who lose their land and have to be relocated because of these projects.

For more information on Vietnam, visit http://www.hrw.org/asia/vietnam