Personnel Risk:
Low
Score:
79/100
Leadership Behaviour
Q34
58/100
Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit, through, for example, speeches, media interviews, or political mandates, to anti-corruption and integrity measures?
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The Ministry of Defence of Japan (MOD) and the Self-Defence Force (SDF) have a series of topic months or topic weeks during which they…
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Defence Chiefs and Ministers are committed to the statements in the Defence White Book. A commitment to anti-corruption and integrity measures can be seen…
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Education on compliance with laws and regulations is given year-round by the Ministry of Defence and Self-Defence Force. Most strongly related to anti-corruption work…
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Q35
100/100
Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there evidence that these measures are being carried out?
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Two core pieces of Japanese anti-corruption legislation are Chapter XXV “Crimes of Corruption” of the Penal Code [1] and the Unfair Competition Prevention Act.…
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The Inspector General’s Office of Legal Compliance (IGO) conducts an annual inspection of the Ministry of Defence (MOD) and the Self-Defence Force (SDF). “SDF…
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Q36
75/100
Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?
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Japan has a law on whistleblowing that is applicable to national public employees and Self-Defence Force (SDF) personnel [1]. There are instructions for the…
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Personnel are given clear information on whistleblowing, although for a broader range of misconduct than corruption. Information on the protection of whistleblowers is provided.…
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An editorial in the Japan Times discusses several cases where people doubt that whistleblowers in the Japanese private sector are adequately protected. [1] Only…
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Q37
50/100
Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?
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An examination of rules that apply to personnel with decision-making power in various fields indicates that awareness of the danger of corruption is greatest…
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On the website of the Ministry of Defence, the most extensive information on the selection process for sensitive positions is found in laws and…
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Rules regarding appointment and promotion are described in article 31 of the SDF Law, but neither this article nor the ordinances that are based…
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Payroll, Promotions, Appointments, Rewards
Q38
83/100
Is the number of civilian and military personnel accurately known and publicly available?
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The number of civilian and military personnel can be found in the annual Defence White Book “Defence of Japan” [1] and on the website…
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The number of civilian and military personnel can be found on the website of the Ministry of Defence and in the Defence White Paper…
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No reference to “ghost soldiers,” meaning people whose names appear on military rolls, but are not in military service, in Japan were identified.
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Q39
100/100
Are pay rates and allowances for civilian and military personnel openly published?
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Q40
100/100
Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?
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According to Article 3 of the Law regarding the Salary of Personnel of the MOD, regularly employed employees of the ministry are to receive…
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A search of the two mainstream newspapers Asahi Shimbun [1] and Yomiuri Shimbun [2] for the period January 1, 2016 – September 20, 2019…
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The information on how to calculate pay and allowances is given in the main, relevant, laws for the MOD, the Law regarding the Salary…
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Q41
50/100
Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?
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The website of the Japan Ministry of Defence provides some announcements of vacant positions and access to legislation for the defence sector. [1] [2]…
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There is not enough information to score this indicator. A retired higher Maritime Self-Defence Force officer said at interview that the Cabinet Law determines…
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Rules regarding appointment for all SDF personnel, not only medium- or high-rank officers, are publicly available. [1] [2] Implementing guidelines that provide information on…
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Q42
75/100
Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.
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To be eligible for appointment to higher officer positions, an officer must pass the entrance exams and complete specific courses. [1] Selection for a…
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A retired higher Maritime Self-Defence Force officer, who has commanded a regional MSDF district command, stated that in principle, such other means of awarding…
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The general rule is that when SDF officials are appointed to higher officer positions corresponding to NATO rank OF-5 or above, (i.e. General, Major…
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Details of postings and promotions to positions corresponding to NATO rank OF-5 or above are published on the website of the MOD on the…
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Conscription and Recruitment
Q43
NA/100
Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?
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This indicator is marked ‘Not Applicable’ as there is no compulsory conscription in Japan. The Japan Communist Party affiliated newspaper Akahata used the term…
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This indicator is marked ‘Not Applicable’ as there is no compulsory conscription in Japan (see Q43A).
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This indicator is marked ‘Not Applicable’ as there is no compulsory conscription in Japan (see Q43A).
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Q44
100/100
is there a policy of refusing bribes to gain preferred postings? Are there appropriate procedures in place to deal with such bribery, and are they applied?
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Chapter XXV “Crimes of Corruption” of the Penal Code covers bribery of Japanese public officials. [1] It does not define the term ‘bribe,’ although…
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Under the Penal Code, [1] giving, offering or promising to give a bribe are offenses, with a penalty of up to three years’ imprisonment,…
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No examples of attempts to pay bribes to get preferred postings were identified, as such this indicator is marked ‘Not Applicable’. Offenses committed by…
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Salary Chain
The Law regarding the Salary of the Personnel of the Ministry of Defence (MOD) regulates salary and allowances for the broadest categories of employees…
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Values and Standards
Q46
94/100
Is there a Code of Conduct for all military personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities? Is there evidence that breaches of the Code of Conduct are effectively addressed?
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The Self-Defence Force (SDF) Code of Conduct is a Cabinet Order that builds on the SDF Ethics Law. [1] The Code of Conduct provides…
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All documents are found on easily accessible websites (see Q46A). Lectures on compliance issues have been held at SDF bases. [1] According to the…
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The evidence available indicates that breaches of the Code of Conduct are regularly investigated. The book on compliance for personnel in general gives a…
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The Inspector General’s Office has made a book on compliance that builds on, and has references to, the SDF Code of Conduct. The Compliance…
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Q47
100/100
Is there a Code of Conduct for all civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities? Is there evidence that breaches of the Code of Conduct are effectively addressed?
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The great majority of the employees of the Ministry of Defence (MOD) are designated Special service national public employees in the National Civil Service…
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All documents listed are found on easily accessible homepages (see Q47A). According to the foreword of the supervisor version of the book on compliance,…
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The National Personnel Authority handles disciplinary measures against most national civil servants, [1] but not against civil servants employed by the SDF, who belong…
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Circulars from ATLA confirm that the Compliance Guidance is used in the education of administrative officials. [1] [2] It is distributed to all units…
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Q48
67/100
Does regular anti-corruption training take place for military and civilian personnel?
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According to a retired higher Maritime Self-Defence Force (MSDF) officer, who has commanded a regional MSDF district command, a number of issues related to…
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A retired higher MSDF officer, who has commanded a regional MSDF district command, stated that, “It cannot be said in general, but training and…
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According to a retired higher SDF officer, the Inspector General’s Office (IGO)’s Compliance Guidance has information about which items all personnel should receive training…
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Q49
42/100
Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?
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The website of the Ministry of Defence (MOD) revealed no formal policy on making the outcomes of prosecution of defence services personnel public. [1]…
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There are no courts martial in Japan, because the Constitution states that “[n]o extraordinary tribunal shall be established, nor shall any organ or agency…
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The public prosecutor has a legally guaranteed, independent position in the Japanese judicial system. Investigation and prosecution follow formal processes. [1] A search of…
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Q50
100/100
Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?
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Facilitation payments are illegal under Chapter XXV “Crimes of Corruption” of the Penal Code [1] and the Unfair Competition Prevention Act (see Q35A). The…
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Japanese public prosecutors are bound by law to investigate and prosecute according to formal procedures. Although the Government can instruct the Prosecutor General, it…
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No examples of Japanese facilitation payments in the defence and security sector were identified. A search of the mainstream newspapers, Asahi Shimbun [1] and…
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