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2007 Assessment

Japan: Integrity Indicators Scorecard

Japan: Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
45	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	63
46	In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	100
47	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	38

Indicator and sub-Indicator Details

Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?

45a: In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: There is no specific Act to protect public-sector whistleblowers. They are, in principle, treated and protected same as other workers. However, there are some exceptions for public-sector servants and, in some cases, the National Public Service Act, the Self-Defense Forces official Ethics Act,etc., can have priority to the Act.

References: The Whistleblower Protection Act of 2004 (enforced in 2006).

45b: In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: The Whistleblowers Protection Act does not seem to come to stay yet in the public sector. Public-sector whistleblowers seem to face substantial negative consequences, such as losing a job, relocating to a less prominent position, or some form of harassment.

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

45c: In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments:

References: The Whistleblower Protection Act of 2004 (enforced in 2006).

45d: In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: The Whistleblowers Protection Act does not seem to come to stay yet in the private sector. Private-sector whistleblowers seem to face substantial negative consequences, such as losing a job, relocating to a less prominent position, or some form of harassment.

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

In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

46: In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

Score:

YES

Comments: There is a mechanism, or multiple mechanisms for multiple national government agencies, through which civil servants can report cases of graft, misuse of public funds, or corruption, but this mechanism does not seem to be working yet.

References: The Whistleblower Protection Act of 2004.

In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?

47a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments: The agency/entity seems to have limited staff that hinders its ability to fulfill its basic mandate.

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

47b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: The agency/entity seems to have a regular source of funding but may be pressured by cuts, or threats of cuts to the agency budget.

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

47c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments: The agency/entity does not seem to act on complaints within a reasonable time period.

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

47d: In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: When irregularities are discovered, the agency/entity is aggressive in investigating the government or in cooperating with other agencies\' investigations. <p>50 Score Criteria: The agency/entity starts investigations, but is limited in its effectiveness. The agency/entity may be slow to act, unwilling to take on politically powerful offenders, reluctant to cooperate with other investigative agencies, or occasionally unable to enforce its judgments. <p>0 Score Criteria: The agency/entity does not effectively investigate. The agency/entity may start investigations but not complete them, may refuse to cooperate with other investigative agencies, or may fail to detect offenders. The agency/entity may be partisan in its application of power.$

Comments: The agency/entity does not seem to initiate investigating properly.

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