Japanese Law and Policy against Human Trafficking

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					Chapter 4
      Japanese L aw an d Po licy again st Hu man
                    Tr affick ing

                                                              To moya KAMINO


1. Introduction


         Internationally, society is gradually and steadily becoming a more global

society. Globalization promotes the interaction of people, goods, money and

information beyond national borders, and global interaction increases the richness and

happiness in our daily lives. However, globalization also has the ability to bring us

harm through international terrorism and organized crime. The series of terrorist

attacks against the World Trade Center and the Pentagon in the US in 2001 revealed

the unsafe aspects of the process of globalization.

         The globalization of terrorism and organized crime might also give rise to a

variety of means for exploitation and the promotion of sexual exploitation on an

international level. Of which many women and children are victims. Sex tours

(kaisyun ryokou) are a well known global sexual offense, which some Japanese men

commit in southeastern Asia.1 When the victims become pregnant, this leads to severe

problems for them as well as their children, because the fathers often deny any

affiliation with the women or children, and they refuse to provide child support.

Moreover, violations in international marriage are also a serious problem.2 Japanese

men, especially those in agricultural areas, seek their future wives in China and

southeastern Asia, because many Japanese women refuse to marry farmers for fear of

an isolated and financially bleak future. Asian women who marry Japanese men are

sometimes forced into farm labor through violence and close supervision. Furthermore,

international peacekeeping forces and humanitarian workers prostitute local women

and children in exchange for food or money. Therefore, globalization also promotes

sexual exploitation against women and children beyond national boundaries.


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         Of the many kinds of global sexual exploitation, this chapter focuses on the

international human trafficking of women and girls into and inside of Japan. Human

trafficking is a modern practice of slavery. Slavery has been formally banned as an

institution, yet the practice continues as an illegal crime. Slaves are only objects of

trade and commerce, meaning slaves are denied the human dignity to which all people

should be entitled. According to Immanuel Kant, dignity is the value of

inexchangeability for other valuable things, and thus slaves, objects of monetary trade,

cannot enjoy such dignity. The aims of human trafficking are forced labor, organ

transplants, and sexual exploitation.



2. Sexual Exploitation and Human Trafficking in Japan


2- 1. Ou tli ne of h um an tr affic ki ng for th e p urp o se of sex u al exp lo i tatio n in

Jap an

         It is sometimes reported in Japan that Asian women are brought to Japan

alone from other Asian countries such as Thailand, Indonesia and the Philippines. 3

Local brokers fool them into believing that they can find employment in Japan, or their

family or friends deceive them and sell them out to brokers. Once they enter Japan,

Japanese brokers (in many cases yakuza) force them into prostitution, monitor their

every movement, and bleed their profits.

         Such victims of human trafficking for the purpose of sexual exploitation in

Japan are said to be from the thousands to the tens of thousands. A more accurate

number of victims has not been reported, and the reported cases of human trafficking

could only be a small fraction of the real figure. For example, one large scale human

trafficking operation was uncovered in November 2003.4 About 80 Colombian women

were sold from two groups of Colombian brokers into Japan, who were working to pay

off debts of 5 million yen (about 42,000 US dollars) in travel expenses. Their Japanese

brokers forced them to work in strip theaters all over Japan and prostitute themselves

to Japanese customers. If they refused sexual work, the brokers and the mangers of

the strip club assaulted them. They could earn as much as 130,000 to 150,000 yen only


                                             77
in ten days, but 120,000 to 130,000 yen of their profits were garnished in name of debt

repayment. The crime was eventually discovered when they ran to the Colombian

Embassy asking for protection. Metropolitan police arrested 6 brokers and 33 strip

club managers.

         Human trafficking for sexual exploitation in Japan is so serious that even the

United States of America, an alliance partner for over half of a century, has accused

Japan of inaction against trafficking in persons. The Department of State in the US

has published Trafficking in Persons Reports annually, which sets “minimum

standards for the elimination of trafficking,”5 and has classified the human rights

situations of other countries into three grades (tiers).6 Japan has been ranked as Tier

2, because it has not fully accomplished the minimum of standards but has made some

effort in eliminating trafficking in persons, while other developed countries ranked as

Tier 1 have already complied with the standards.7 Trafficking in Persons Report 2001

pointed out that, “The Government of Japan does not yet fully meet the minimum

standards. […] There are allegations that some law enforcement units have been

reluctant to investigate reports of trafficking and that the Government has not been

aggressive in arresting and prosecuting suspected traffickers […] Victims are often

treated as criminals (prostitutes or illegal aliens) by the legal system because the

Government does not consider people who willingly enter for illegal work to be

trafficking victims.”8 It is reasonable to suppose that the report shows an objective

outline of the Japanese situation in human trafficking.



2- 2. C on di ti on s i n th e Vi ctim s’ Co un tri e s o f Orig in

         People called recruiters solicit women into sex work, who will then be

trafficked outside of their country of origin. Recruiters are said to be ordinary people,

such as neighbors, compatriot co-workers, or even the friends and acquaintances of the

victims own family. 9 They often pander to the circumstances of the victim’s family,

economic class and work. For example, they tell her that she can get a job in a factory

in Japan and the factory will provide her with clothing, food and housing. They also

say that she will earn over 100,000 yen (about 830 US dollars) a month with which she


                                                78
can send money and buy Japanese electrical appliances for her family. Moreover, they

tell her emphatically that she can pay off her travel expenses at her own pace.

          Brokers pay contingency fees to recruiters when the recruiters succeed in

persuading women into going to Japan and handing her over to the brokers. Brokers

are often members of criminal organizations, a drug trafficking groups, or matrimonial

agencies.



2- 3. C on di ti on s i n th e C oun tr ie s of Tr an si t

          Brokers in origin countries and transit countries collude with the brokers in

receiving countries to transfer women beyond national borders. Brokers in the origin

and transit countries arrange the victim’s passport and airline ticket, and then replace

her passport with a different person’s passport or a false passport mid-flight in order

for her to more easily pass her immigration examination.10 In some cases, brokers

coach the women in how to respond to the immigration officers. Brokers in the

receiving countries send a person to the airport to greet her. This greeter, who is often

of the same nationality and has a legitimate status of residency to relieve the victim,

brings her to the broker’s hideout.



2- 4. C on di ti on s i n Jap an

          Brokers sell women to managers of sexual businesses. The trade price of these

women is said to be from only 1.5 to 2 million yen (12,500 to 16,700 US dollars). The

manager will then cover the cost of the trade price by pimping the women.11 The

manager tells the women that they have incurred debt through their transportation

fees and that they must now engage in stripping and prostitution to pay off the debt.

The manager will often inflate her debt in order to exploit even more profit, i.e.,

claiming that he sends money to her family, or that she must pay a penalty fee for

behaving rudely in front of a customer. Even if she pays off her debt, the manager can

resell her to another manager and the cycle of exploitation continues.

          Victims of sexual violence are under severe physical pressure because they

hardly flee from the circle of sexual exploitation under the manager’s oversight. It is


                                                 79
said that there are three types of detention.12 In the first case, women are confined in

a remote location far from the city, and they are forced to engage in prostitution there.

It is seriously difficult to flee from this kind of detention because there is a lack of

access to public transportation, such as trains, buses or taxies. In the second case,

women are confined in a remote location far from the city and a man will bring the

woman to a hotel for prostitution, and then her manager will have her taken from the

hotel by taxi. The taxi companies are thought to be conspirators in the human

trafficking business. In the last case, women are tied down in a room of an apartment

near a bar in the city, and guards or surveillance cameras monitor their every

movement. In this case, they are forcibly taken from the apartment to the bar or a

hotel for the purpose of prostitution, and then they are sent back to the apartment by

taxi.

        Victims of sexual violence are also under severe psychological pressure. 13

Unable to speak Japanese (many of them have only elementary and secondary

educations) the women cannot inform other Japanese people of their desire to escape.

Moreover, they are skeptical about their chances of leaving Japan, with no passport, no

money, no transportation, or even any access to flight information. Furthermore, they

fear physical violence or retribution against their families, whose identity their

recruiters know well, for fleeing from their managers.

        In sum, those who are trafficked to Japan for sexual exploitation are forced to

engage in sexual business, and they cannot flee from detention because of physical and

psychological fears.



3. Causes of Human Trafficking for Sexual Abuse s


        Japan is one of the largest receiving countries of trafficking victims. Why does

Japan face challenges and difficulties in human trafficking as described in the

previous section?

        One might explain the situation by the push-pull theory in economics.

Developing countries have plenty of laborers who are able to work for lower wages but


                                           80
who have little chance of employment. Developed countries employ workers for higher

wages, but need unskilled workers for low wage positions. The conjunction of the

interests in both sides is labor immigration and movement from developing to

developed countries. This theory, however, cannot explain the variances among

developed countries, as the policies and laws against trafficking in humans in the

United States are more advanced than Japan.

         The most relevant explanation for human trafficking may be the theory of

power and control in politics. Power is a capacity of controlling others, in which a man

can make others obey his orders against their will. The theory of power and control

explains the asymmetric relationship in the case of human trafficking. There are three

structures of power and control.14

         First, there is an asymmetric relationship between men and women. Men

have dominated women in many societies for a long time and many victims of human

trafficking for sexual exploitation are women. Men can be victims of sexual

exploitation but the male victims are in many cases exploited not by women, but by

homosexual men.

         Second, there is an asymmetric relationship between the rich and the poor.

The rich have dominated the poor by means of economic exploitation over a long period

of time. Many of the victims of human trafficking are not rich people but rather poor

people, because the rich can afford to pay for sexual intercourse while the poor can

profit from the selling of their bodies.

         Third, there is a contrasting relationship between nationals and foreigners.

Many countries do not allow foreigners to enjoy the same rights as nationals. Many of

the victims of human trafficking are not nationals but foreigners, because the police

and prosecutors are not eager to regulate sexual exploitation against foreigners, and

politicians are also not eager to enact laws and regulations protecting foreigners.

         There are three types of discrimination that could be classified as problematic

within human trafficking, which must be addressed to solve the problems of human

trafficking. Solving these problems may be done through three types of measures: the

punishment of criminals, the protection of victims, and the prevention of crime.


                                           81
Japanese Criminal Law only prohibited the trafficking of Japanese nationals outside of

Japan, but did nothing to prohibit the act of trafficking foreigners into Japan.

Moreover, the victims of human trafficking for the purposes of sexual exploitation were

not protected, but rather punished as criminals through Criminal Laws and

Anti-Prostitution Laws under the Immigration Control and Refugee Recognition Act,

because they overstayed their visas or worked and prostituted themselves illegally. If

they injured or killed a broker/manager, they were arrested and prosecuted as

criminals of murder or inflicting injury.

        Japanese Law and Policy have had serious breaches and defects in solving the

problems of trafficking in humans. These breaches and defects have improved

following the adoption of the United Nations Convention against Transnational

Organized Crime in 2000 and the establishment of Japan’s Action Plan of Measures to

Combat Trafficking in Persons in 2005.



4. UN Convention against Transnati onal Organized Crime and
Japan’s Response


4- 1. UN C onv en ti on ag ain st Tr an sn ati on al Org ani z ed Cri me

        As international crimes increase and intensify, international society will

begin to prohibit organized crime regardless of national borders. To deal with this

problem, it will become necessary to investigate, prosecute and punish international

organized crime, to bridge the national law and jurisdiction gaps among states, and to

acquire accurate information on criminal organizations’ activities. 15 According to

resolution 52/58 of 30 January 1998, 16 the United Nations organized an Ad Hoc

Committee in order to elaborate the international convention against transnational

organized crime and three additional international legal protocols. The first session of

the Ad Hoc Committee took place in Vienna from 19 to 29 January 1999. After thirteen

separate sessions, the United Nations General Assembly adopted the Convention on 15

November 2000 through resolution 55/2517 and convened the Signing Conference for

the Convention in Palermo from 12 to December 2000.18


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4- 2. Pro toc ol to Pr eve nt, S up pr e ss and Pu n ish Tr affic ki ng in P er son s

         The Convention against Transnational Organized Crime has three additional

protocols:

             Protocol to Prevent, Suppress and Punish Trafficking in Persons,

              Especially Women and Children, supplementing the United Nations

              Convention against Transnational Organized Crime

             Protocol against the Smuggling of Migrants by Land, Air and Sea,

              supplementing the United Nations Convention against Transnational

              Organized Crime

             Protocol against the Illicit Manufacturing of and Trafficking in Firearms,

              Their Parts and Components and Ammunition, supplementing the

              United Nations Convention against Transnational Organized Crime.

         The first protocol supplements the Convention and reinforces provisions to

combat human trafficking beyond national boundaries for the purposes of sexual

abuses, forced labor and servitude of the removal of organs, etc.

         Article 3 (a) of the first protocol clarifies the definition of “trafficking in

persons.” The purpose of trafficking in persons is exploitation, which “shall include, at

a minimum, the exploitation of the prostitution of others or other forms of sexual

exploitation, forced labor or services, slavery or practices similar to slavery, servitude

or the removal of organs.” The measures of trafficking in persons are “by means of the

threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of

the abuse of power or of a position of vulnerability or of the giving or receiving of

payments or benefits to achieve the consent of a person having control over another

person.” Acts of trafficking in persons include “the recruitment, transportation,

transfer, harbouring or receipt of persons.” The article is a comprehensive and

provision of directives for each state to effectively combat human trafficking.

         Article 5 is about the criminalization of human trafficking. The first paragraph

of the article requests that each State Party shall adopt such legislative or other

measures as may be necessary to establish as criminal offences the conduct set forth in


                                            83
article 3 of this Protocol, when committed intentionally. The second paragraph of the

article requires that each State Party shall also adopt such legislative or other

measures as may be necessary to establish as attempted offense, accomplice, and

organizing or directing other persons to commit an offence.

        Articles 6, 7, and 8 prescribe methods of protection for the victims of human

trafficking. The first section of Article 6 establishes a foundation for protection for

victims of human trafficking: “[I]n appropriate cases and to the extent possible under

its domestic law, each State Party shall protect the privacy and identity of victims of

trafficking in persons, including, inter alia, by making legal proceedings relating to

such trafficking confidential.” The third section prescribes a foundation for assistance

for victims: “[E]ach State Party shall consider implementing measures to provide for

the physical, psychological and social recovery of victims of trafficking in persons” by

means of providing housing, counseling, medical, psychological and material

assistance, employment, and educational and training opportunities.

        Article 7 addresses the legal status of victims in receiving countries, and it

requests that each State Party shall “permit victims of trafficking in persons to remain

in its territory, temporarily or permanently, in appropriate cases.” Article 8, which

deals with the repatriation of victims, requires that “[w]hen a State Party returns a

victim of trafficking in persons to a State Party of which that person is a national or in

which he or she had, at the time of entry into the territory of the receiving State Party,

the right of permanent residence, such return shall be with due regard for the safety of

that person and for the status of any legal proceedings related to the fact that the

person is a victim of trafficking and shall preferably be voluntary.”

        Article 9 prescribes a prevention strategy for human trafficking: “State Parties

shall establish comprehensive policies, programs and other measures: (a) [t]o prevent

and combat trafficking in persons; and (b) [t]o protect victims of trafficking in persons,

especially women and children, from revictimization.”

        The adoption of the Protocol to Prevent, Suppress and Punish Trafficking in

Persons led to the establishment of Japan’s Action Plan of Measures to Combat

Trafficking in Persons, the reformation of criminal laws, the Anti-Prostitution Law,


                                            84
the Immigration Control and Refugee Recognition Act, and the modification of the

administration of the criminal justice and immigrations systems.



4- 3. Ac ti on Pl an of Me asure s to C om bat Tr aff ick ing in Per son s 19

         The Japanese government singed the Protocol to Prevent, Suppress and

Punish Trafficking in Persons, and established the Inter-Ministerial Liaison

Committee (Task Force) in April 2005. In order to ratify the Protocol,20 the Task Force

discussed the necessity of revising active laws and argued the contents of these

amendments. The Task Force provided four actions to ratify the Protocol:21

             Revision of criminal laws against conduct which infringes personal

              liberty (article 5 of the Protocol related)

             Amendment to Immigration Control and Refugee Recognition Act, and

              flexible operation of various procedures (article 6 and 7)

             Assistance to victims at the Women’s Consulting Offices (article 6)

             Strengthening of crackdown measures



4- 4. Pun i sh me nt of Cri mi n al s

         In order to criminalize human trafficking, the Japanese government

submitted a bill of amendments to Criminal Law and other related laws to the Diet.

The Diet passed the bill and the laws were issued in 22 June 2005 and enforced in 12

July 2005.

         Article 226 (Crime of Abduction and Kidnapping for the Purpose of Transport

from Japan) 22 of the Japanese Criminal Law did not prohibit acts of trafficking

foreigners into Japan as discussed previously. After the amendments, article 226 now

covers all acts of trafficking in persons regardless of nationality or location.

         Article 226 of the Japanese Criminal Law prohibited acts of abduction,

kidnapping, or buying and selling persons for the purpose of transportation from

Japan to another state. The article also prohibited acts of transportation of persons

abducted, kidnapped, or sold from Japan to another state. The article, however, did not

cover acts of abduction and kidnapping, or buying and selling persons for the purpose


                                             85
of transportation from another country to Japan. With the new amendments, article

226 is now divided into articles 226 (Crimes of Abduction and Kidnapping for the

Purpose of Transportation from Country of Location), 226-2 (Crimes of Selling and

Buying Persons), and 226-3 (Crimes of Transportation of Abducted Persons).

         The new Article 22623 prohibits acts of abduction and kidnapping for the

purpose of transportation outside the country a person is located . The amendment

means that the article covers any victims of human trafficking regardless of their

nationality or location. The new Article 226-2 prohibits acts of buying and selling

persons. Article 226-3 bans the transportation of persons abducted, kidnapped or sold,

outside their country of origin.

         Article 227 (Crimes of Receipt of Abducted Persons) 24 of the Japanese

Criminal Law forbade only acts of receipt, harboring, or hiding. The acts forbidden

were less restricted than the acts bid under article 3 of the Protocol: “the recruitment,

transportation, transfer, harboring or receipt of persons.” Following the new

amendment, Article 227 (Crimes of Delivery of Abducted Persons)25 now forbids acts of

delivery, receipt, transportation, and harboring or hiding, in order to cover all of the

illegal acts under the Protocol.

         After the amendments to Article 3 (Crimes Committed by Japanese Nationals

outside Japan) and Article 3-2 (Crimes Committed by Non-Japanese Nationals against

Japanese Nationals outside Japan), Articles 226, 226-2, 226-3 and Article 227 apply for

crimes committed by Japanese nationals outside Japan and by foreigners against

Japanese nationals outside Japan (See Table 1).


Ta bl e 1 Sco p e of Ap pl ic ati on of Jap ane se Crimi nal L aw for A bd uc tin g,
Ki dn ap pi ng an d Se lli ng an d Buy ing a Per son o utsid e Jap an
 Perpetrators   Victims          Former Criminal Law           Active Criminal Law
 Japanese       Japanese         Article 3 (item 12)           Article 3 (item 12)
 Japanese       Foreigners       -                             Article 3 (item 12)
 Foreigners     Japanese         -                             Article 3-2 (item 5)
 Foreigners     Foreigners       -                             -
 Source: Osamu SAKUMA, “Jinshin no Jiyuu ni taisuru Tsumi no Hou Seibi ni tsuite,” pp. 14-15 26



         After the implementation of the new law, Japanese Police protected two




                                               86
Indonesian women who were forced into prostitution by a Taiwanese snack bar

manager in 2005. The police arrested the Taiwanese manager on charges of buying

persons for the purpose of profit (Article 226-2 (3)) and two Indonesian brokers on

charges of selling persons (Article 226-2 (4)). This was the first case to see the

application of Article 226. In 2006, police implemented Article 226-2 (Crimes of Selling

and Buying Persons) in five cases, arrested nine people on charges of selling persons,

and arrested fourteen people on charges of buying persons.27

         Even if acts of human trafficking are constituent elements to the crimes of

Articles 226 and 227 in the Criminal Law, judicial authorities can make an arrest for

offenses to the Immigration Control and Refugee Recognition Act, Anti-prostitution

Law, Employment Security Law, Labor Standards Law, Child Welfare Law, and Law

for Punishing Acts Related to Child Prostitution and Child Pornography.28



Ta bl e 2 Cri me s o f Hum an Tr affic ki ng i n 2006
                             2001      2002     2003     2004      2005      2006
   Cases of custody           64        44       51       79         81       72       391
   Persons in custody         40        28       41       58         83       78       328
           Brokers             9        7        8        23         26       24        97
   Persons of victims         65        55       83       77        117       58       455
           The Philippines    12        2                 13         40       30        97
           Indonesia           4                 3                   44       14        65
           Taiwan              7        3        12       5          4        10        41
           Thailand           39        40       21       48         21        3       172
           South Korea                                    3          1         1         5
           Romania                                                   4                   4
           Australia                                                 1                   1
           Estonia                                                   1                   1
           Colombia            3        6        43       5          1                  58
           Russia                                         2                              2
           Laos                                           1                              1
           China                        4        2                                       6
           Cambodia                              2                                       2
   Source: Community Safety Bureau, Consumer and Environmental Protection Division, National
   Police Agency 29



4- 5. Pro tec tion for Vi ctim s

         In order to protect the victims of human trafficking, the Japanese government

submitted a bill of amendments on the Immigration Control and Refugee Recognition

Act, the Diet passed the bill, and the act was issued and enforced.



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         Article 2 (7) 30 of the Act establishes a provision to define trafficking in

persons in accordance with the provisions of Criminal Law and the Protocol against

Human Trafficking. Article 24 (4) (Deportation) enumerated categories of foreigners

who shall be deported and included victims of human trafficking in the list for

deportation, meaning that juridical authorities and immigration officers ejected such

victims from Japan without any protection or assistance. After the amendment, the

new article 24 currently excludes victims of human trafficking from the deportation

list. Article 50 (Special Permission for Staying) did not permit victims of human

trafficking to stay in Japan. After the amendment, the Minister of Justice can now give

special permission to such victims.

         Article 5 (Refusal of Landing) also did not permit victims of human trafficking

to land in Japan. After the amendment, the new article now allows them to land.

Article 12 (Special Permission for Landing) did not permit victims of human trafficking

to disembark in Japan. After the article was amended, the Minister of Justice gained

the power to give special permission to such victims.

         Since 2005, the Immigration Bureau has given permission to victims of

human trafficking to stay in Japan. The Bureau permitted 47 victims in 2005 and 27

victims in 2006 (see Tables 3 and 4).



Ta bl e 3 Vic ti m s of Hu m an Tr aff ic king in 2005
   Nationality               Residence Status for Victims in Human Trafficking
                             Legitimate                    Residence
                             Residence Status              Special Permission
   The Philippines                        25                           22         47
   Indonesia                              37                           4          41
   Thailand                               0                            17         17
   Colombia                               0                            4           4
   Romania                                4                            0           4
   China                                  2                            0           2
                                          68                           47         115
   Source: Immigration Bureau of the Ministry of Justice31



Ta bl e 4 Pro tec tion or S up p ort of De p artur e fo r Vic ti m s o f Hu m an

Tr aff ick ing in 2006
   Nationality               Residence Status for Victims in Human Trafficking




                                              88
                             Legitimate                         Residence
                             Residence Status                   Special Permission
   The Philippines                        19                                10                          29
   Indonesia                              0                                 14                          14
   Thailand                               1                                 2                           3
   South Korea                            0                                 1                           1
                                          20                                27                          47
   Source: Immigration Bureau of the Ministry of Justice32



          Women’s Consulting Offices, 33 Immigration Offices and Police Stations

protect the victims of human trafficking who ask for protection (See Table 5). Children

Guidance Offices also protect victims who are minors.34 Women’s Consulting Offices

possess accommodation facilities, but human resources and budgets are too low to offer

adequate assistance and cooperate with the private shelters that NGOs manage (See

Table 6). 35 The Japanese government gave 10 million yen in financial assistance

(about 83,000 US dollars) to private shelters with Women’s Consulting Centers’

commission and protected 53 victims from April 2005 to October 2006.36



Ta bl e   5   Pr o tec ti on    for   Vic ti m s    of    Hu m an      Tr af fic kin g    in    Wo me n’s

Con su l ting Off ice s
                                  2001*   2002*     2003*     2004*    2005*             2006**
   Protected Victims                1       2         6         24       112               18           391
   Source: Cabinet Secretariat37
   * one fiscal year (from April to March) ** from April 2006 to October 2006



Ta bl e 6 Pr otec ti on f or Vic ti m s of Hum an Traff ic kin g in HE L P 38
                   1996    1997       1998   1999        2000   2001     2002     2003*        2004**
   Thailand         9       7          8      5           2      17       16       19            24      107
   Colombia         5       5          3      4           9      17       7         1                    51
   Hong-Kong        1                                                                                     1
   Taiwan                      1               7                                                  1       9
   South Korea                 1       1       1                                                          3
   China                       1                                           1                              2
   Mexico                                      1                           1                              2
   Romania                                     1                 1                                        2
   Peru                                                                    1                              1
   Costa Rica                                                                                   2         2
                    15         15      12     19          11     35       26        22          25
   Source: HELP 39
   * one fiscal year (from April to March)   ** from April 2004 to September 2004



          Police Offices, Immigration Offices and Women’s Consulting Offices also



                                                    89
support returning the victims to their homes in cooperation with the International

Organization for Migration (IOM). These institutions have supported 43 Filipinos, 30

Indonesians, eight Thais, six Taiwanese and one Colombian as of October 2006.40



4- 6. Prev en ti on of Cri me s

        In order to prevent human trafficking, the Japanese government submitted a

bill of amendments on the Immigration Control and Refugee Recognition Act and Law

on Control and Improvement of Amusement Businesses. The Diet passed the bill and

the laws were issued and enforced.

        Article 5 of the Immigration Control and Refugee Recognition Act (Denial of

Landing) forbids perpetrators of human trafficking to land in Japan. Article 24

(Deportation) forbids these criminals from staying in Japan. These amendments aim to

prevent human trafficking by means of controlling perpetrators’ movements.

        After its revision, Article 36 (2) of the Law on Control and Improvement of

Amusement Business (Confirmation of Service Employees’ Birth Dates etc.) forced

employers to confirm service employees’ birth dates, nationalities, if not Japanese, and

resident status and duration. Article 4 (Standards of Permission for the Sexual

Entertainment Business) prohibits a person from engaging a sexual entertainment

business, who had been imposed on imprisonment with work or fine on charges of

human trafficking.41 These revisions aim to deter human trafficking, as managers of

sexual entertainment businesses do not engage in human trafficking.

        In May 2006 and June 2007, the Ministry of Justice revised their standards of

the “entertainer visa” due to the large amount of victims entering Japan on such visas.

Since 2006, the criteria of an “entertainer” has been limited to persons with over two

years of educational or career experience related to acting, singing, dancing or musical

performance.42 Since 2007, employers and full-time workers in business enterprises

that contract “entertainers” has been limited to persons who had not enforced, incited

or aided human trafficking.43

        On 3 June 2005, the Ministry of Foreign Affairs revised the Passport Law to

introduce IC passports beginning on 20 March 2006. 44 The implementation of IC


                                           90
passports will make it difficult to use false or stolen passports, and thus also to commit

human trafficking.



5. Conclusion and Future Challenges against Human Trafficking


           Japanese Diet gave approval to enter         the Protocol to Prevent, Suppress and

Punish Trafficking in Persons in 8 June 2005 in concurrence with the developments of

the Criminal Law and the Immigration Control and Refugee Recognition Act and other

laws. These legal developments are the first and most important step against

trafficking in persons, but the Japanese government and Japanese society must

advance these developments.45

           Japan’s judicial administrations should put these legal reforms into practice.

Establishing human trafficking as a crime is not enough to diminish the crime. In

order to diminish human trafficking, police and prosecutors must be more eager in

detecting these crimes in accordance with the new laws.

           The Japanese government should develop the capabilities of Women’s

Consulting Offices and Child Guidance Offices and increase their financial support of

private shelters. Legal protection now provides only minimum support for victims of

human trafficking, and physical and psychological support such as a supplementary

security income and counseling in their native language are also needed.

           Japanese society should pay attention to the crime of human trafficking. Lack

of interest may be the most important element for preventing this crime. In order to

prevent this crime and move past indifference, we must overcome discrimination

between men and women, rich and poor and nationals and foreigners.




Note s


1   See Asia no Jidou Kaisyun Soshi wo Uttaeru Kai (Campaign to Stop the Abuse of Asian Children
    and to Safeguard their Rights; CASPAR) (ed.), Asia no Kodomo Kaisyun to Nihon (Sexual Abuses
    against Asian Children, and Japan), Tokyo: Akashi Shoten, 1996.
2   Yoneda, Masumi, “Jinshin Baibai Kinshi GiteiSho to Kokuren Jinken Koutou Benmukan ni yoru




                                                 91
   Shishin,” in Yoshida, Yoko ed., Jinshin Baibai wo Nakusu Tameni, Tokyo: Akashi Syoten, 2004, pp.
   79-80.
3 See Kyoto YMCA and APT (eds.), Jinshin Baibai to Ukeire Taikoku Nihon (Human Trafficking and

   Japan as A Major Receiving Country), Tokyo: Akashi Shoten, 2001, pp. 15-127; Tosa, Hiroyuki,
   Guroubaru/Jendaa Poritikkusu: Kokusai Kankei Ron to Feminizumu (Global/Gender Politics:
   International Relations and Feminism), Kyoto: Sekai Shiso Sya, 2000, pp. 123-177; Matsui, Yayori,
   Ajia no Onnatatsi (Asian Women), Tokyo: Junposya, 1998, pp. 47-64;
4 Yoshida, Yoko ed., Jinshin Baibai wo Nakusu Tameni, Tokyo: Akashi Syoten, 2004, p. 8;

   Nihon-Keizai Shimbun, 7 November 2003.
5 The US government establishes Trafficking Victims Protection Act of 2000 and sets a minimum of

   standards for eliminating human trafficking composed of four criteria: (1) The government of the
   country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.
   (2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in
   which the victim of sex trafficking is a child incapable of giving meaningful consent, or of
   trafficking which includes rape or kidnapping or which causes a death, the government of the
   country should prescribe punishment commensurate with that for grave crimes, such as forcible
   sexual assault. (3) For the knowing commission of any act of a severe form of trafficking in persons,
   the government of the country should prescribe punishment that is sufficiently stringent to deter
   and that adequately reflects the heinous nature of the offense. (4) The government of the country
   should make serious and sustained efforts to eliminate severe forms of trafficking in persons. See
   US Department of State, Office to Monitor and Combat Trafficking in Persons, Trafficking in
   Persons Report 2006, June 2006, pp. 288-289. http://www.state.gov/g/tip/rls/tiprpt/2006/
6 TIER 1: countries whose governments fully comply with the Act’s minimum standards. TIER 2:

   countries whose governments do not fully comply with the Act’s minimum standards but are
   making significant efforts to bring themselves into compliance with those standards. TIER 3:
   countries whose governments do not fully comply with the minimum standards and are not making
   significant efforts to do so. See US Department of State, Trafficking in Persons Report 2006, p. 29.
7 The Republic of Korea was wrongly ranked as Tier 3 in 2001 but moved up to Tier 1 after 2002 as

   the Korean Government is more positive and active in eliminating trafficking in persons through
   enactment, implementation of criminal laws and subsidiary for NGOs. US Department of State,
   Trafficking in Persons Report 2001, July 2001, p. 12, 97. http://www.state.gov/g/tip/rls/tiprpt/2001/;
   US Department of State, Trafficking in Persons Report 2002, June 2002, p. 17, 86.
8 US Department of State, Office to Monitor and Combat Trafficking in Persons, Trafficking in

   Persons Report 2001, July 2001, p. 52. http://www.state.gov/g/tip/rls/tiprpt/2001/
9 Muto, Kaori, “Hogo wo Motometa Jyoseitachi no Genjitsu (Reality of Women Asking Protection),” in

   Yoshida, Yoko ed., Jinshin Baibai wo Nakusu Tameni, pp. 37-39.
10 Ibid., pp. 39-40.
11 Ibid., pp. 40-43.
12 Ibid., pp. 33-35.
13 Ibid., pp. 35-37.
14 Nakamura, Ayako, “Torafikkingu (jinshin-torihiki) no Kouzouteki Bunseki to Jinken Ishiki no

   Teichaku: Kokkyou wo Koeta Seiteki Sakusyu wo Jirei to Shite (Structural Analysis of Trafficking
   and Settlement of Sense of Human Rights: the Cases of Sexual Exploitation Beyond Boundaries),”
   Ueki, Toshiya and Tosa Hiroyuki (eds.), Kokusaihou, Kokusaikankei to Jendaa (Gender in
   International Law and International Relations), Sendai: Touhoku Daigaku Syuppankai (Tohoku
   University Press), 2007, pp. 100-140.
15 See the website: http://www.unodc.org/unodc/en/organized_crime_background.html
16 A/RES/52/58, 30 January 1998.
17 A/RES/55/25, 15 November 2000.
18 A/RES/55/383, 2 November 2000. See the website:

   http://www.unodc.org/unodc/en/organized_crime_background.html
19 Secretary of Cabinet provides Japanese version “Jinshin Torihiki Taisaku Koudou Keikaku

   (Japan’s Action Plan of Measures to Combat Trafficking in Persons)”, December 2004 available
   from the website: http://www.cas.go.jp/jp/seisaku/jinsin/kettei/041207keikaku.pdf and Ministry of
   Foreign Affairs provides the English translated version available from the website:
   http://www.mofa.go.jp/policy/i_crime/people/action.pdf
20 Japanese Diet gave approval to enter the Protocol in June 2005, but she has not ratified the

   Convention.
21 Secretary of Cabinet, “Japan’s Action Plan of Measures to Combat Trafficking in Persons”, chapter




                                                   92
   III 1.
22  “1. A person who abducts or kidnaps a person for the purpose of transporting the person outside
   the country of Japan in which the person is located is subject to penal servitude for a period of more
   than two years. 2. The same shall apply to a person who sells and buys a person for the purpose of
   transporting the person outside the country of Japan in which the person is located, and who
   transports the person who is abducted, kidnapped, bought or sold.”
23 “A person who abducts or kidnaps a person for the purpose of transporting the person outside the

   country in which the person is located is subject to penal servitude for a period of more than two
   years”.
24 “(1) A person who, for the purpose of aiding another who has committed any of the crimes

   proscribed under Article 224, 225 or the preceding three Articles, receives, harbors or hides a
   person who is abducted, kidnapped, bought or sold, shall be punished by imprisonment with work
   for not less than 3 months but not more than 5 years. (2) A person who, for the purpose of aiding
   another who has committed the crime proscribed under paragraph 1 of Article 225-2, receives,
   harbors, or hides a person who is abducted or kidnapped shall be punished by imprisonment with
   work for not less than 1 year but not more than 10 years. (3) A person who, for the purpose of profit
   or indecency, receives a person who is abducted, kidnapped, bought or sold, shall be punished by
   imprisonment with work for not less than 6 months but not more than 7 years.”
25 “(1) A person who, for the purpose of aiding another who has committed any of the crimes

   proscribed under Article 224, 225 or the preceding three Articles, delivers, receives, transports,
   harbors or hides a person who is abducted, kidnapped, bought or sold, shall be punished by
   imprisonment with work for not less than 3 months but not more than 5 years. (2) A person who,
   for the purpose of aiding another who has committed the crime proscribed under paragraph 1 of
   Article 225-2, delivers, receives, transports, harbors or hides a person who is abducted or
   kidnapped shall be punished by imprisonment with work for not less than 1 year but not more than
   10 years. (3) A person who, for the purpose of profit, indecency or do harm to life or body, delivers,
   receives, transfers or harbors a person who is abducted, kidnapped, bought or sold, shall be
   punished by imprisonment with work for not less than 6 months but not more than 7 years.”
26 Sakuma, Osamu, “Jinshin no Jiyuu ni taisuru Tsumi no Hou Seibi ni tsuite (About Development of

   Law of a Crime against Personal Liberty),” Julist, no. 1286, 15 March 2005, pp. 14-15.
27 Community Safety Bureau, Consumer and Environmental Protection Division, National Police

   Agency, Heisei 18 Nen Chuu ni okeru Jinshin Torihiki Jian ni tsuite (Crimes of Human Trafficking
   in 2006), 8 February 2007, available from the website:
   http://www.npa.go.jp/safetylife/seikan34/20070216.pdf
28 Secretary of Cabinet, Jinshin Torihiki Taisaku Koudou Keikaku (Japan’s Action Plan of Measures

   to Combat Trafficking in Persons), p. 9.
29 Ibid .
30 “The term “trafficking in persons” means any of the following acts: a. The kidnapping or the buying

   or selling of persons for the purpose of making a profit, committing an indecent act or causing
   injury to their life or physical being, or delivering, receiving, transporting or harboring such
   persons who have been kidnapped or bought or sold; b. Except for the acts set forth in Sub-item (a),
   placing persons under the age of 18 under one’s own control for the purpose of making a profit,
   committing an indecent act or causing injury to their life or physical being; c. Except for the acts set
   forth in Sub-item (a), delivering persons under the age of 18, knowing that they will be or might be
   placed under the control of a person who has the purpose of making a profit, committing an
   indecent act or causing injury to their life or physical being.”
31 Immigration Bureau of Ministry of Justice, Heisei 17 Nen ni okeru Jinshin Torihiki no Higaisya ni

   tsuite (Victims of Human Trafficking in 2005), February 2006, available from the website:
   http://www.moj.go.jp/PRESS/060214-1.html
32 Immigration Bureau of Ministry of Justice, Heisei 18 Nen ni Hogo matawa Kikoku Shienshita

   Jinshin Torihiki no Higaisya Suu ni tsuite (Protection or Support of Departure for Victims of
   Human Trafficking in 2006), February 2007, available from the website:
   http://www.moj.go.jp/PRESS/070205-1.pdf
33 Women’s Consulting Centers are located in every prefecture in Japan. The aim of the centers is to

   allow women to receive consultation about dissension among couples and families, domestic
   violence, divorce and so on.
34 Child Guidance Centers are also located in every prefecture in Japan. The aim of the centers is that

   family can consult about their children’s misconducts and misbehaviors, and children can consult
   about child abuses from their family.



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35  See Yoshida, Yoko ed., Jinshin Baibai wo Nakusu Tameni , Tokyo: Akashi Syoten, 2004, pp. 14-45;
   Kanagawa Onna no Supeisu MIZURA (ed.), Sherutaa, Onnatatsi no Kiki: Jinshin Baibai kara
   Domesutikku Baiorensu made: MIZURA no 10 nen (Crises of Women in Shelter: Ten Years of
   Shelter of Mizura against from Human Trafficking to Domestic Violence), Tokyo: Akashi Shoten,
   2002.
36 Secretary of Cabinet, Jinshin Torihiki Taisaku Koudou Keikaku no Shinchoku Jyoukyou (Progress

   of Japan’s Action Plan of Measures to Combat Trafficking in Person), December 2006, available
   from the website: http://www.kantei.go.jp/jp/singi/hanzai/dai8/8siryou2_9.pdf, p. 4.
37 Ibid.
38 Josei no Ie HELP (House in Emergency of Love and Peace) is one of the most revolutionary NGOs

   protecting victims of human trafficking.
39 Otsu, Keiko, “Minkan Sherutaa kara Mieru Nihon Syakai no Jinshin Baibai no Jittai (Situations

   of Human Trafficking in Japanese Society from the View of Private Shelter)”, in Yoshida, Yoko ed.,
   Jinshin Baibai o Nakusu Tameni, Tokyo: Akashi Syoten, 2004, p. 20.
40 Secretary of Cabinet, Jinshin Torihiki Taisaku Koudou Keikaku no Shinchoku Jyoukyou (Progress

   of Japan’s Action Plan of Measures to Combat Trafficking in Persons), p. 5.
41 The Public Safety Commission also prohibits people from engaging in sexual business within 5

   years of the end of a suspension of the execution of a sentence in charges of human trafficking.
42 Immigration Office of Ministry of Justice, “Zairyuu Shikaku “Kougyou” ni kakawaru Jouriku

   Kyoka Kijyun no Kaisei ni tsuite (About the Revision of Standards of Landing Permission related
   to Visa of “Entertainers”)”, Public Information, February 2005, available from the website:
   http://www.immi-moj.go.jp/keiziban/happyou/pdf/kougyou.pdf
43 The Immigration Office also does not admit “entertainers” into Japan if the employers and

   full-time workers of the enterprise contracting with “entertainers” contain the following: a person
   engaging in illegal employment, a person submitting a false application for a foreigner to gain
   permission of landing within 5 years, a person who has received penalty or is within five years of
   the end of a suspension of the execution of sentence, charged of a crime from articles 74 to 74-8 of
   the Immigration Control and Refugee Recognition Act or from articles 6 to 13 of the
   Anti-Prostitution Law, or a person who is a member of a crime syndicate or is within 5 years of
   dropping out of a crime syndicate. Immigration Office of Ministry of Justice, “Zairyuu Shikaku
   “Kougyou” ni kakawaru Jouriku Kyoka Kijyun no Kaisei ni tsuite (About the Revision of Standards
   of Landing Permission related to Visa of “Entertainers”), Public Information, March 2006,
   available from the website: http://www.immi-moj.go.jp/keiziban/happyou/zairyuu.html
44 Secretary of Cabinet, Jinshin Torihiki Taisaku Koudou Keikaku no Shinchoku Jyoukyou (Progress

   of Japan’s Action Plan of Measures to Combat Trafficking in Person), p. 2.
45 See Yoshida, Yoko, “Kokunai Hou Seido wo Dou Kaeru bekika? (How should we Change Domestic

   Legal System?” in Yoshida, Yoko ed., Jinshin Baibai wo Nakusu Tameni, Tokyo: Akashi Syoten,
   2004, p. 8; Yoshida, Yoko, “Jinshin Baibai no Kagaisya Torishimari ni kansuru Kokunai Hou Seido
   to Mondaiten (Domestic Legal System about Regulating Perpetrators of Human Trafficking and its
   Problems), in Kyoto YMCA and APT (eds.), Jinshin Baibai to Ukeire Taikoku Nihon (Human
   Trafficking and Japan as a Major Receiving Country), Tokyo: Akashi Shoten, 2001, pp. 203-253.




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