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Friends of the Earth Japan and WALHI vs. JERA

Case overview

Date filed 23 May 2017
Current status Pending
Issue Impacts from the Cirebon Coal Power Plant in Indonesia
Summary of the case A complaint was filed with the Japanese NCP against the Japanese companies’ Marubeni Corporation and JERA Corporation by Friends of the Earth Japan and Wahana Lingkungan Hidup Indonesia for their involvement in Unit 2 of the Cirebon coal-fired power project in West Java. The complainants allege that the companies are in breach of the OECD Guidelines in its failure to obey domestic laws and its failure to refrain from seeking or accepting exemptions not contemplated in the statutory or regulatory framework.

The complaint states that since the construction of Unit 1 of the Cirebon coal-fired power project (660 megawatts) in Indonesia, local communities have experienced significant damages to their livelihoods and income with a decline in fisheries due to the building of a jetty and contaminated liquid and thermal discharge. Fish catches have allegedly decreased by more than half compared to before the project. Despite the community protests and the impacts already suffered, there is now work underway to begin building Unit 2 of the Cirebon coal-fired power plant, increasing its capacity by 1,000 megawatts. The project is expected to be operational in 2021 and is expected to further damage the livelihoods of the fisherman in the area, who have yet to receive any livelihood restoration from the Unit 1 of the project and have not heard of any plans related to Unit 2. The complainants allege illegalities around the project’s environmental permit and the designated spatial plan.

The complainants are asking the Japanese NCP to:
That the companies adhere to the OECD Guidelines;
That all project related activities for Unit 2 stop until a final court decision is made to ensure the project is complaint with laws and regulations;
That the company refrains from seeking or accepting exemptions;
That the company encourages West Java provincial government to withdraw its appeal to the high court or the Supreme Court, and make efforts to comply with the Indonesian laws and regulations

Developments/Outcome
Relevant OECD Guidelines
Case keywords Human rights, Environment, Energy sector

NCP Information

NCP name National Contact Point Japan
NCP address
NCP website http://www.mofa.go.jp/mofaj/gaiko/oecd/
Other NCPs involved

Complainants

NGO

Company Information

Company responsible Jera Corporation
Company address
Company website
Company in violation
Country of operations Indonesia
Other companies involved

Timeline of developments

Date Actor Action Description Document
2 February 2018 National Contact Point Japan accept The Japanese NCP accepted the case for further examination.  
23 May 2017 file Complaint filed download pdf (278Kb)  

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