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Integrity Scorecard

2007 Assessment

Japan: Integrity Indicators Scorecard

Japan: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	63
25	Is the executive leadership subject to criminal proceedings?	100
26	Are there regulations governing conflicts of interest by the executive branch?	72
27	Can citizens access the asset disclosure records of the heads of state and government?	92
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	75

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments: All citizens can receive compensation or redress through the courts for civil rights violations committed by the government, such as detaining suspected criminals too long because of failure to follow due process of Acts.

References: Article 4 of the Administrative Proceeding Complaint Judgment Act of 1962.

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: The chief executive and/or cabinet ministers give explanations of policy, but not always in a timely or complete way.

References: Interview with the adviser of the Kawasaki Citizen Ombudsman .

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: The scope of judicial review covers the action of the executive.

References: Article 81 of the Constitution. The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: The judiciary does not effectively review executive policy. The judiciary may make judicial judgments in some cases and not enforce them, leaving them to political interpretation.

References: Interview with the adviser of the Kawasaki Citizen Ombudsman.

Peer Review Comments: The Supreme Court has the authority to review the constitutionality of new laws. However, according to the Transparency International National Integrity Systems survey for Japan (page 20), as of 2006 there had been only seven cases in which the Supreme Court had declared laws passed by the legislature to be unconstitutional.

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: In some cases, the chief executive relies on executive orders to implement policies and regulations. Some executive orders may be overly broad in scope and designed to circumvent legal requirements for legislative action or approval.

References: Interview with the adviser of the Kawasaki Citizen Ombudsman.

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: The heads of state and government can be investigated, charged, or prosecuted for criminal allegations. Years ago, former Prime Minister Kakuei Tanaka was found guilty of and sentenced for corruption. In 2006, three municipal governors were arrested and prosecuted for bid rigging, etc.

References: Case law.

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: Ministerial-level officials, or their equivalents, can be investigated, charged, or prosecuted for criminal allegations occasionally.

References: Case law.

Peer Review Comments: Currently (in early December 2007), the former vice defense minister, Takemasa Moriya, is under investigation on suspicion of corruption. He is a bureaucrat rather than a politician, but the case shows that people who have held high offices can be investigated.

Earlier in 2007, Toshikatsu Matsuoka, the then agricultural minister, came under investigation in connection with suspected bid rigging.

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments: The disclosure of the cabinet ministers' assets, including the prime minister, was institutionalized in 1983 and has since been established as a practice, but not in law. Local governors usually disclose their assets according to the Municipal Ordinance of Assets Disclosure.

References: (Heads of State) Asset Disclosure Ordinances.

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments: The disclosure of the cabinet ministers' assets was institutionalized in 1983 and has since been established as a practice, but not in law. Almost all ministerial-level officials are nominated from Members of Parliament, and All MPs have to file an asset disclosure form under the Members of Parliament Asset Disclosure Act of 1992.

References: Interview with the adviser of the Kawasaki Citizen Ombudsman.

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments: There are formal regulations for gifts and hospitality offered to members of the executive branch of government.

References: Article 6 of the National Public Service Ethics Act.

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: There are no legal or regulatory requirements for the independent auditing of executive branch asset disclosures. However, media are very keen on monitoring asset disclosure.

References: Interview with the adviser of the Kawasaki Citizen Ombudsman.

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: There are regulations restricting the ability of heads of state/government and ministers to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues.

References: Article 103 of the National Public Service Act.

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: The regulations are generally enforced though some exceptions exist. In certain sectors, heads of state/government or ministers are known to regularly take jobs through circuitous route in the private sector and/or semi-governmental entities that entail direct lobbying or seeking to influence their former government colleagues. Cooling off periods are short and sometimes practically ignored.

References: Interview with the adviser of the Kawasaki Citizen Ombudsman.

Peer Review Comments: My sense is that the regulations are more likely to be observed in the case of senior figures such as ministers, but scarcely at all in the case of more junior politicians and officials.

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: The regulations governing gifts and hospitality to members of the executive branch are regularly enforced and sufficiently restrict the amounts of gifts and hospitality that can be given. Members of the executive branch rarely accept gifts or hospitality above the ceiling.

References: Interview with the adviser of the Kawasaki Citizen Ombudsman.

Peer Review Comments: I think this applies to ministers, who naturally come under closer scrutiny, but not to more junior politicians or bureaucrats.

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: Executive branch asset disclosures are not audited officially, but media and civil ombudsman sometimes monitor them.

References: Interview with the adviser of the Kawasaki Citizen Ombudsman.

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: The heads of states file an asset disclosure form that is, in ordinances, accessible to the public. The heads of government disclose their assets, as it is institutionalized, in a form accessible to the public.

References: (Heads of State) Article 5 of Assets Disclosure Ordinance.

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: Records are usually available at the reading room when the office is open.

References: interview with board member of the Freedom of Information Citizen Center.

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: Records are free to read, but may require a visit to a specific office, such as a regional or national capital.

References: interview with board member of the Freedom of Information Citizen Center.

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: The ruling party is, in principal, separate from the state, but exceptions to this standard sometimes occur. Examples may be the use of civil servants to organize political rallies, etc.

References: interview with board member of the Freedom of Information Citizen Center.

Peer Review Comments: It is important to note that the ruling party has been in power almost continuously since 1955.