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Viewing cable 07TOKYO1034, 2007 TIP REPORT: JAPAN
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| Reference ID | Created | Released | Classification | Origin |
|---|---|---|---|---|
| 07TOKYO1034 | 2007-03-12 02:09 | 2011-08-25 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Tokyo |
VZCZCXRO1981
OO RUEHCN RUEHDT RUEHGH RUEHHM RUEHJO RUEHPB RUEHPOD RUEHVC
DE RUEHKO #1034/01 0710209
ZNR UUUUU ZZH
O 120209Z MAR 07
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1453
INFO RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE PRIORITY
RUEHOO/CHINA POSTS COLLECTIVE PRIORITY
RUEHXI/LABOR COLLECTIVE PRIORITY
RUEATRS/TREASURY DEPT WASHDC PRIORITY
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
RUEHC/DEPT OF LABOR WASHINGTON DC PRIORITY
RUEAWJA/JUSTICE DEPT WASHDC PRIORITY
UNCLAS SECTION 01 OF 10 TOKYO 001034
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB JA
SUBJECT: 2007 TIP REPORT: JAPAN
REF: STATE 202745
¶1. (SBU) Embassy's point of contact on TIP issues is
Political Officer Scott Hansen, Office Phone: 81 (3)
3224-5558, Fax: 81 (3) 3224-5322, Email: hansensw@state.gov.
¶2. (SBU) Embassy Tokyo has spent a total of 207 hours
researching trafficking issues, developing and implementing
TIP programming/training, and coordinating with contacts over
the past year, in support of this report.
This total includes:
Ambassador, 1 hour
DCM, 1 hour
MC/POL 3 hours
01-level POL 2 hour
04-level POL 100 hours
FSN 07-level POL 100 hours
Total Embassy Tokyo on TIP, 207 hours
¶3. (SBU) OVERVIEW OF JAPAN'S EFFORTS TO ELIMINATE TIP:
Note: This report is keyed to Reftel and includes information
from the Japanese government, international organizations
(IOs), and nongovernmental organizations (NGOs).
¶A. Japan is a destination and transit country for men,
women, and children trafficked for commercial sexual
exploitation. Victims came from China, Southeast Asia,
Eastern Europe, and to a lesser extent Latin America. There
continued to be reports of internal trafficking of Japanese
girls for sexual exploitation. There was also anecdotal
evidence of growing trafficking-in-persons for labor
exploitation, including under the guise of the "foreign
trainee" program. According to National Police Agency (NPA)
statistics, there were 58 trafficking victims reported in
2006: 3 were from Thailand, 30 from the Philippines, 10 from
Taiwan, 1 from South Korea, and 14 from Indonesia.
NPA statistics may underestimate the number of actual
victims. There continued to be isolated reports that police
failed to identify victims adequately. NGOs reported that
police and immigration officers occasionally neglected to
classify a woman working in abusive conditions as a victim
because she willingly entered into an agreement to work
illegally in the country. In addition, government figures may
understate the problem because TIP victims are reluctant to
come forward to Japanese authorities out of shame or fear
that they will be punished or deported. Local embassies
assisting victims of trafficking as well as international and
Japanese NGOs suspect that the number of trafficking victims
in Japan vastly exceeds NPA statistics.
Human trafficking in Japan is not limited to foreigners. NPA
statistics show a significant increase in the commercial
sexual abuse of Japanese children. Almost all (83.1 percent)
of the 1,915 documented cases of crimes involving Japanese
dating websites were sex crimes against children, including
trafficking for sex.
¶B. Women trafficked to Japan generally were employed as
prostitutes under coercive conditions in businesses licensed
to provide commercial sex services. Sex entertainment
businesses included strip clubs, sex shops, hostess bars,
private video rooms, escort services, and mail order video
services. Brokers in the countries of origin recruited women
and sold them to intermediaries or employers, who in turn
subjected them to debt bondage and coercion.
The changing face of the human trafficking business in Japan
was demonstrated by the fact that fewer trafficking victims
escaped to private or public shelters this year. This
decrease in the number of reported victims may have been
because government pressure has forced some employers to
improve conditions within their businesses, especially in
urban centers, according to NGOs. Restrictions on visas have
made workers more valuable and their escape more costly,
forcing some brothel owners to provide better working
conditions and salary. The influx of women holding spouse
visas who tend to be familiar with Japan, as well as know
their rights and some Japanese language, has also put upward
pressure on hostess-club salaries and conditions.
TOKYO 00001034 002 OF 010
The decrease in the number of reported victims could also
have been because conditions in many commercial sex
businesses have become much more restrictive. To maintain the
high profits of trafficking women for sex, many brokers have
shifted into "Delivery Health" services, explained a
representative from a migrant labor NGO. One advantage of
this model for the traffickers is that a "bodyguard"
accompanies the victim to and from the call, eliminating any
opportunity for escape. Anti-TIP activists say that the
conditions in rural areas are as bad as ever, far away from
NGO scrutiny or central government law enforcement activity.
A former police reporter and TIP researcher told us that
entrance to the clubs with the worst working conditions has
become more restrictive, usually by membership or referral
only.
Brokers were also using more coercive psychological methods
to control women, minimizing the numbers who attempt to flee,
sources explained. Globalized communication meant that
victims had to fear retaliation against their families more
than ever, according to one migrant labor NGO. Most women
trafficked into the sex trade had their travel documents
taken away and their movements strictly controlled by their
employers. Victims were threatened with reprisals to
themselves or their families if they tried to escape.
Employers often isolated the women, subjected them to
constant surveillance, and used violence to punish them for
disobedience. NGOs reported that in some cases brokers used
drugs to subjugate victims. TIP activists who work with
victims also reported that many clubs would wait three months
before requiring the women to engage in sex. Because they
couldn't receive their wages until the end of the six-month
stay, most women chose to "stick-it-out" and prostitute
themselves rather than lose three months of investment. Even
in hostess clubs that do not provide sexual services,
punishing women who do not meet quotas psychologically
compelled them to sleep with clients in order to persuade
them to become regular customers, said the director of a
half-way house for former Filipina hostesses.
Debt bondage was another method traffickers used to control
their victims. Before arrival in the country, trafficking
victims generally did not understand the size of the debts
they would owe, the amount of time it would take them to
repay the debts, or the conditions of employment to which
they would be subjected upon arrival. Women typically faced
debts upon commencement of their contracts from three to five
million yen (USD 26,000 to 43,000). In addition, they had to
pay their employer for their living expenses, medical care
(when provided by the employer), and other necessities.
"Fines" for misbehavior added to the original debt over time;
in general the process that the employers used to calculate
these debts was not transparent. According to a website
maintained by the Ministry of Justice, employers also
sometimes "resold," or threatened to resell, troublesome
women or women found to be HIV positive, thereby increasing
the victims' debts and often leading to even worse working
conditions.
"Host clubs" were another growing channel for recruitment,
coercion, and debt control of women who became victims of sex
trafficking, according to NGO activists. These clubs employed
male escorts to serve a predominantly female customer-base.
Male hosts aggressively recruited female customers in popular
youth hangouts, subway stations, and tourist destinations.
They targeted their recruitment efforts especially towards
women in the sex industry or underage girls. Once a woman
agreed to enter the host club, the pricing structures and
internal operations of the clubs were designed to create high
expenses quickly. According to victim-support NGOs, once a
female customer "ran up her bill" and overspent her limit,
the male "host" would encourage her to enter or return to the
sex industry to make enough money to help pay off her debt.
In some cases the host himself became the victim. The media
reported one case where organized crime gangsters confined a
host who had run away from his club. When the host was
returned to the club, he was forced to pay a large fine.
Japanese women and children falling prey to human trafficking
also began to receive attention within Japan. According to
NGOs, the domestic trafficking industry targeting Japanese
girls and women is highly organized and lucrative for the
criminal networks. Recruiters were active in subways, popular
hangout spots for youth, and at schools. Victim-support
groups reported that children were recruited for exploitation
TOKYO 00001034 003 OF 010
in child pornography or prostituted by "compensated dating"
businesses. The trafficking of Japanese adult women into
brothels, hostess clubs, and for exploitation in pornography
was also a serious problem, according to NGOs, often
involving organized crime. Japanese victims of human
trafficking face the same abusive conditions that foreign
victims do: violence, debt bondage, and psychological
coercion. Because most anti-trafficking NGOs in Japan focus
on serving women from other countries, domestic victims of
trafficking generally do not have access to service providers
who understand the nature of the cases and can meet their
specialized needs.
The "foreign trainee" program came under increasing scrutiny
for abuses typical to trafficking-in-persons. According to
media reports on investigations into abusive company
practices, in some companies trainees made less than the
minimum wage, and their wages were automatically deposited in
company?controlled accounts. "Forced deposits" are illegal in
Japan. In addition, trainees sometimes had their travel
documents taken from them and their movement controlled to
"prevent escape."
Japan continued to be proactive in addressing
trafficking-in-persons. The Inter-Ministerial Liaison
Committee (Task Force) on trafficking and its working level
sub-committee met regularly in 2006 to monitor the
implementation of the National Action Plan (NAP) to combat
human trafficking, which includes measures to address the "3
Ps:" Protection, Prevention and Prosecution. The Diet
provisionally approved the ratification of the UN Protocol on
TIP in 2002, but legislators continued to delay passing an
anti-conspiracy law, preventing approval of the umbrella
document, the UN Convention on Transnational Organized Crime.
Law enforcement officials continued to improve in
investigating human trafficking cases. The government
conducted training for law enforcement authorities on victim
identification, protection, and interviewing. The NPA
organized significant outreach to embassies, NGO groups, and
academics by hosting conferences including the Meeting on
Organized Crime in the East Asian Region, the International
Symposium on Measures to Prevent the Commercial and Sexual
Exploitation of Children in Southeast Asia, and the Contact
Point Meeting on Trafficking in Persons. Government officials
used these conferences to obtain information on new victims,
gather information on methods and routes of trafficking, and
improve victim identification and protection methods.
In Osaka and Tokyo, the number of establishments selling sex
with women under coercive conditions fell, according to
researchers who study sex trafficking in the cities' red
light districts. Police took advantage of revisions to the
Law on Control and Improvement of Amusement Businesses which
came into effect in May 2006 to shut down egregious violators
in large numbers. Restrictions on advertising were also
being enforced, compelling consultants in the "Sex Service
Information Centers" that replaced many of the brothels to
remove the posters from their interior and exterior walls and
wait for clients inside instead of hawking their service on
the corners. A photojournalist who published a book about
Kabukicho, Tokyo's most famous red-light district, told us
that this crackdown had noticeably reduced the seedy
appearance of the neighborhood.
¶C. The fact that the sex industry has become less visible
also makes it harder to measure the extent of trafficking and
harder to investigate it. Embassy contacts in one
prefectural police headquarters reported that the police do
not like to investigate human trafficking cases; it takes too
many officer-hours to close a case and is not career
enhancing. In addition, language barriers during victim
interviews, restrictions on long-term undercover work and the
nonexistence of plea-bargaining in Japan impose limitations
on the ability of police to investigate TIP cases. NGO
representatives agree that although the decreasing visibility
of Japan's trafficking problem is a sign of progress, it
makes the road ahead even more difficult.
¶D. The government monitors its efforts to combat trafficking
both domestically and in the international community, and has
made this information available in private meetings with U.S.
and other foreign officials. The government also shared
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these assessments during international conferences and
exchanges.
¶4. (SBU) PREVENTION:
¶A. The government recognizes that trafficking is a problem
in Japan and understands that human trafficking is an
egregious infringement of human rights.
¶B. In April 2004, the Japanese government established the
Inter-Ministerial Liaison Committee (Task Force) on TIP.
Headed by the Prime Minister's Assistant Cabinet Secretaries,
this task force coordinates the TIP-related activities of
four governmental agencies: Ministry of Foreign Affairs
(MOFA), Ministry of Justice (MOJ), National Police Agency
(NPA), and Ministry of Health, Labor and Welfare (MHLW).
¶C. To raise awareness about human trafficking inside Japan,
the Ministry of Foreign Affairs and the National Police
Agency distributed more than 500,000 leaflets, glossy
brochures, and pamphlets in 2006 that describe the trauma of
trafficking-in-persons, report what the government is doing
to combat trafficking, and explain how a victim can find
assistance. These materials have been distributed to
immigration offices and police stations throughout Japan,
according to MOFA Human Rights Division officials. This
program seems to have been successful in raising the
awareness of working level police and immigration officers;
NGO representatives say that the increased knowledge of
trafficking among law enforcement officials has been one of
the most visible improvements in the last two years. The
pamphlets also urge Japanese nationals to help victims and
gives telephone numbers for the police, immigration bureau
offices, embassies and NGO shelters. In addition, the
Cabinet Office distributed 25,000 posters stating that
"Trafficking-in-persons is a grave violation of human rights"
and "Prostitution is a root cause of trafficking-in-persons"
during the last year and a half. These posters were
circulated nationwide to local governments, police stations,
and immigration bureau offices.
¶D. Japan emphasizes international cooperation in its
approach to preventing trafficking-in-persons. The government
dispatched a delegation on anti-human-trafficking measures
composed of representatives from Task Force ministries in
January 2007 to Cambodia and Laos, source countries of
trafficking victims. Delegations were also sent to Indonesia
and Thailand in 2006, where they had consultations with
concerned government agencies about efficient
anti-human-trafficking measures, and learned about local
conditions from international organizations and local NGOs.
Japan also funded international organizations working to
prevent human trafficking. In October 2006, the government
donated $200,000 to the UNICEF program, "Preventing Child
Trafficking in Central Asia," and $2 million in March 2006 to
the International Labour Organization (ILO) project,
"Economic and Social Empowerment of Returned Victims of
Trafficking," which focuses on giving protection and teaching
life skills to trafficking victims in Thailand and the
Philippines.
¶E. Although the NPA has been reaching out to NGOs, the
relationship between the government and NGOs was mixed. At
NPA-organized conferences, NGO representatives were given
wide latitude in making presentations to the diplomatic, NGO,
and law enforcement community. NPA, MOFA, and MHLW officials
also regularly attended meetings and conferences on human
trafficking organized by NGOs or the International
Organization for Migration (IOM), but these exchanges
represented the zenith of government-NGO cooperation.
According to private shelter operators, law enforcement
officials do not draw on NGO expertise to help with victim
interviewing. Activists blame traditionally held views and
cultural norms for the strict separation between law
enforcement and NGOs. Moreover, the Japanese government has
moved towards building a victim service infrastructure that
does not include NGOs. In this system, victim identification
occurs only through Japanese law enforcement, victim's
services occur only through publicly funded Women's
Consulting Centers, and victim repatriation occurs through
governmental and quasi-governmental bodies. All of these
vehicles are either directly or heavily associated with the
government of Japan, and may not be ideal for victim
TOKYO 00001034 005 OF 010
identification for victims who do not trust government
sources or will not feel comfortable telling the truth of
their situation to government bodies.
¶F. One of Japan's greatest successes in combating
trafficking has been the tightening of requirements for
entertainer visas. A second round of revisions to the
criteria for entertainer visas came into effect in June 2006,
requiring applicants to prove that they have two years of
experience in the industry, obligating sponsoring
organizations to pay a higher salary, and placing a heavier
burden on Japanese clubs to prove their legitimacy. As a
result, the number of Filipinas entering Japan as
entertainers has fallen from 7,000 per month in 2004 to only
1,000 per month this year, according to statistics provided
by MOFA's Consular Affairs Bureau, whose officials also
examined immigration patterns from Indonesia and Thailand and
enacted safeguards to prevent victims of trafficking from
getting entry visas. In addition, Japan augmented border
control by sending document experts to airports in Thailand
as liaison officers where they train Thai officials to
recognize fraudulent Japanese travel documents. Immigration
officials also screen for victims of trafficking via
Pre-Clearance Systems at some airports in Taiwan and Korea,
and a Secondary Examination System at the main airports in
Japan.
¶G. As noted in paragraph 3, Japan established the Prime
Minister's Inter-Ministerial Liaison Committee (Task Force)
on Trafficking in Persons in April 2004 under the guidance of
the Prime Minister's Office, which coordinates TIP-related
activities among the four relevant governmental agencies:
MOFA, MOJ, NPA, and MHLW. The group has regular meetings at
the Director General and working levels. The National
Personnel Authority and the National Public Service Ethics
Board are charged with preventing and investigating
corruption among government officials in Japan.
¶H. Japan's "Comprehensive National Action Plan of Measures
to Combat Trafficking in Persons" was released in December
¶2004. Focusing on prevention, prosecution, and protection,
the Action Plan established specific programs to fight human
trafficking and serves as a roadmap for future steps to
address TIP. Civil society representatives also have served
as advisors to the Inter-Ministerial TIP task force, which
formulated the National Action Plan. The Government posted
the NAP on the Internet and engages in numerous public
activities both domestically and internationally to publicize
the plan. Specific venues used to disseminate information on
the NAP are listed above in Section C.
¶5. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
¶A. The Revised Penal Code was passed by Japan's parliament
in June 2005, establishing human trafficking for sexual
and/or labor exploitation as criminal offenses as set forth
in Article 3 of the UN Protocol on TIP. The law covers both
internal and external trafficking. The law includes measures
to address all three aspects of U.S. and UN-defined human
trafficking: the "Act" element, the "Force" element, and the
"Exploitation" element.
In Japan, the following laws are also available to prosecute
traffickers:
--Amendments to the Immigration Control and Refugee
Recognition Act provide a clear definition of "trafficking in
persons," as called for under Article 3 of the UN TIP
Protocol. The Immigration Control and Refugee Recognition
Act amendments specifically criminalize trafficking. Under
these revisions, foreigners who act as brokers of human
trafficking may be deported. In addition, a fine of up to 3
million yen (USD 25,000) or 3 years' imprisonment can be
imposed on those who create, possess or provide fake
passports for foreigners to enter Japan illegally. The
revisions oblige airlines and passenger ship companies to
verify passengers' passports or face a maximum fine of
500,000 yen (USD 4,167).
--The Prostitution Prevention Law, Article 12, states that a
person whose business includes forcing another person to live
at a designated place for the purpose of prostitution shall
be punished with imprisonment for not more than ten years or
a fine of not more than 300,000 yen (USD 2,500).
TOKYO 00001034 006 OF 010
--The Penal Code, Article 223, states that a person who
kidnaps another by force, threat, fraud, etc., for the
purpose of profit, immorality, etc., shall be punished with
imprisonment for one to ten years.
-- The Law on Control and Improvement of Amusement Businesses
went into effect in May 2006. (Note that the 2006 TIP Report
says April. The correct month is May.) The law requires
entertainment business operators to confirm that foreign
workers have work permits. Entertainment service operators
who fail to ensure that foreign workers have permits will be
fined up to one million yen (USD 8,333). The same penalty
would apply to those found guilty of distributing sex service
advertisements in residential mailboxes. The revision also
cracks down on aggressive "touts" for clubs.
--The Child Welfare Law, Articles 34 and 60, states that a
person who keeps a child under his/her control for the
purpose of harming the child in mind or body shall be
punished with imprisonment for not more than three years or
fined not more than 1,000,000 yen (USD 8,333) or both
imprisonment and a fine.
--The Law for Punishing Acts Related to Child Prostitution
and Child Pornography, and for Protecting Children, Article
8, states that a person who buys or sells a child for the
purpose of prostituting the child, or producing child
pornography shall be punished with imprisonment for one to
ten years. (Note: the law does NOT prohibit the access,
downloading, or possession of child pornography).
--The Immigration Control and Refugee Recognition Act,
Article 73-2, states that a person who places an alien under
his control for the purpose of having the alien engage in
illegal work shall be punished (beginning April 2005) with
imprisonment for not more than three years, or a fine not
more than 2,000,000 yen (USD 16,667) or with both
imprisonment and fine.
¶B. The following sentencing guidelines apply to human
trafficking for both sexual and non-sexual purposes:
--Any person who purchases a victim shall be imprisoned for a
term not less than three months but not more than five years.
--Any person who purchases a minor victim shall be imprisoned
for a term not less than three months but not more than seven
years.
--Any person who purchases a victim for the purpose of
profit, indecency, or marriage, or with the intent to do harm
to life or body of that victim shall be imprisoned for a term
of not less than one year but not more than ten years.
--Any person who sold a victim shall be imprisoned for a term
of not less than one year but not more than ten years.
--Any person who sold or bought a victim for the purpose of
transportation to a foreign country (including transportation
from an overseas country to Japan) shall be imprisoned with a
definite term of two years or more.
¶C. In addition to the laws described in A. and B., the
following laws provide criminal penalties for recruiters,
brokers, and business operators who engage in human
trafficking for labor exploitation:
--The Labor Standards Law, Articles 5 and 117, states that a
person who forces laborers to work against their will by
means of violence, intimidation, imprisonment, or any other
unfair restraint on the mental or physical freedom of the
workers shall be punished with imprisonment for one to ten
years or fined 200,000 yen to 3,000,000 yen (USD
1,667-25,000).
--The Employment Security Law, Article 63 states that a
person who conducts or engages in an employment exchange,
labor recruitment, etc., by means of restraint on mental or
physical freedom shall be punished with imprisonment for one
to ten years or fined 200,000 yen to 3,000,000 yen (USD
1,667-25,000).
¶D. The minimum sentence for trafficking-in-persons is
generally shorter than the minimum sentence for rape. The
punishment for rape in Japan is imprisonment for at least
three years and up to fifteen years. The punishment for
sexual assault is imprisonment for a period not less than six
months and up to seven years.
TOKYO 00001034 007 OF 010
¶E. Prostitution is illegal in Japan, but narrowly defined.
Many sexual acts for payment that are considered to be
prostitution in the U.S. are legal in Japan, regulated as
"restricted sex-related businesses." Under the Prostitution
Prevention Law, soliciting the services of a prostitute is
prohibited, but not criminal. Activities facilitating
prostitution, including those of brothel owner, operator,
pimp and enforcer, are criminalized and carry punishments
including incarceration and fines. Amendments to laws
regulating sex-related businesses went into effect in May
2006, further restricting sex business advertising activities
and the operation of compensated dating and non-store-front
"virtual" brothels (including call girl services).
¶F. The Ministry of Justice provided the following
prosecution statistics for 2006 cases involving trafficking
for sexual exploitation:
Arrests: 78
Cases sent to the Prosecutor: 22
Cases actually prosecuted: 17
Sentences: 12
Imprisonment & fine: 3
Imprisonment: 9
Suspended Sentences: 3
Terms of imprisonment
Less 2 years: 2
2-3 years: 5
3-4 years: 3
4-5 years: 1
Greater than 5 years: 1
All fines were less than 500,000 yen (USD 4,167).
There were two cases of trafficking for labor exploitation.
Both are pending in courts. Criminals generally serve more of
their sentences in Japan than they do in the United States.
¶G. Police, government officials, and NGO representatives all
agree that Japanese organized crime syndicates (the Yakuza)
are the controlling investors in the sex industry. In
addition to acting as brokers for trafficked women, organized
crime syndicates also operate brothels and extort protection
fees from independent brothel owners. There were no reports
of direct involvement by government officials in human
trafficking, but academics and journalists who monitor
organized crime trends noted that the police rely heavily on
their organized crime contacts for information and are
careful not to interfere with operations in a way that might
compromise these sources. Legal advocates complain that
without a program to encourage victim testimony, long-term
undercover work by the police, or the ability to plea
bargain, it is extremely difficult to make an impact on
Yakuza activities.
¶H. Law enforcement officials continued to make progress in
investigating human trafficking cases. Several high-profile
raids were widely reported by the media, and there was
visible evidence of increased awareness among police and
immigration officials of the difference between human
trafficking and illegal immigration, especially in major
metropolitan areas. NGOs acknowledged the general improvement
among law enforcement officials, but several activists
reported that indifference remains widespread outside of
Tokyo and Osaka. One NGO claimed that in May 2006, police in
one prefecture refused to raid a club where Columbian women
were forced to service dozens of clients every day because
they determined that the women were living as "spouses" with
their pimps. (See also Overview, Section C.)
Police and immigration officials gather most of the
information for their investigations by interviewing possible
victims of trafficking, but the language barrier and quick
repatriation of victims often impeded these investigations,
according to victim advocates (See also Section 6). Police
investigators try to gather information about the broker
organizations, passport and visa arrangements; routes from
the country of origin to Japan, and any other relevant
details. If they can collect enough information they will
issue a warrant for the arrest of the traffickers.
The police have limited authority to arrange electronic
surveillance, such as cameras and videos, to facilitate
investigations of trafficking. As mentioned in paragraph G.,
TOKYO 00001034 008 OF 010
the Japanese criminal justice process does not admit evidence
or testimony from witnesses obtained through mitigated
punishment or offers of immunity.
¶I. During nation-wide police conferences, the National
Police Agency provided guidance to representatives from local
police forces on how to investigate TIP cases. Police
colleges also provided training courses on how to recognize
and investigate human trafficking and protect victims. The
Immigration Bureau carried out training programs centered on
human trafficking countermeasures. According to Immigration
Bureau officials, these trainings involved lectures from IOM
lawyers, NGO representatives, and academics. The Ministry of
Foreign Affairs also included human trafficking in its
consular officer training curriculum, emphasizing the role of
careful visa adjudication as a preventive measure.
¶J. Japan actively cooperated with other countries in
investigating human trafficking cases. Law enforcement
officials were able to use their relationship with the
International Criminal Police Organization (IPCO) to secure
the arrest of a broker in a source country as well as
initiate protection for the family of a victim back in her
home country. Japan also stations an Immigration inspector
at Bangkok Airport to assist Thai officials in Japanese
passport and visa document recognition.
¶K. The government can extradite trafficking offenders
subject to conditions specified in the Law of Extradition and
bilateral extradition treaties. To date, there has never been
a request from a foreign country to extradite a suspected
human trafficker. Article 2, item 9 of the Law of Extradition
prohibits the extradition of Japanese nationals unless a
specific extradition treaty exists. Japan has concluded
extradition treaties with the United States and Korea. If an
extradition treaty does not exist, under Japanese law
Japanese nationals may still be prosecuted in Japan for
crimes committed in a foreign country, including
trafficking-in-persons.
¶L. There was no conclusive evidence of direct government
involvement in human trafficking, but NGO immigration
activists note that they can get visas for the family members
of foreign nationals residing in Japan much more easily when
they employ the services of organized crime "fixers,"
implying that some government officials might be complicit in
visa fraud.
¶M. N/A
¶N. Japan is a source country for child sex tourism.
Japanese courts have extraterritorial jurisdiction over a
Japanese national who has sexual intercourse with a minor in
a foreign country in violation of the Act on Punishment of
Activities Relating to Child Prostitution and Child
Pornography and the Protection of Children. There were no
Japanese who were prosecuted or convicted under this
extraterritorial provision in 2006.
¶O. See below:
-- ILO Convention 182 was signed and ratified in June 2001
-- ILO Convention 29 concerning forced labor was signed in
November 1932.
-- ILO Convention 105 on compulsory labor has not yet been
ratified.
-- The Optional Protocol to the Convention on the Rights of
the Child (CRC) on the sale of children, child prostitution,
and child pornography was signed in May 2002 and ratified
April 2004.
-- UN Protocol to Prevent, Suppress, and Punish Trafficking
in Persons: The Diet provisionally approved the ratification
of this UN Protocol in 2002, but legislators continued to
delay passing an anti-conspiracy law during the last year,
preventing approval of the umbrella document, the UN
Convention on Transnational Organized Crime.
¶6. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS
¶A. Japan continued to expand efforts to protect victims of
trafficking. In addition to allocating funds to subsidize
TOKYO 00001034 009 OF 010
private shelters, the Ministry of Health, Labour, and Welfare
utilized its pre-existing network of Women's Consulting
Center (WCC) shelters for domestic violence victims as
temporary housing for foreign trafficking victims awaiting
repatriation. Women identified by immigration authorities as
victims who have overstayed their visas are eligible for a
special status that allows them to leave the country legally.
Twenty-seven women received this special status in 2006. The
government also began paying for victims' medical care in
2006 and subsidized repatriation via a grant to the
International Office of Migration (IOM). The Embassy has yet
to hear from MHLW how many women were protected in private
and public shelters last year, but according to the Prime
Minister's Cabinet Office website, 18 victims were protected
at WCCs between January and October 2006, and IOM
representatives told us that they helped 50 women return home
with the government's support.
Deficiencies remain in Japan's protection of victims, in
spite of these steps forward. Originally only used as
shelters for victims of domestic violence, the WCC shelters
lacked the resources they needed to provide adequate services
to TIP victims. Private shelters usually had full-time staff
able to speak seven or more languages, but the WCCs had to
rely on interpretation services from outside providers. Even
the Kanagawa WCC, referred to by NGOs as the "Cadillac of
WCCs," had full-time ability to provide counseling only in
Japanese. Without counseling in their native language by
professionals familiar with the special needs of trafficking
victims, the foreign women staying at WCCs elected to
repatriate as quickly as possible. (According to MHLW
statistics, the average stay was 17 days.) Private shelter
representatives complained that the WCCs are just
repatriation centers, and not providers of protection or
rehabilitation.
¶B. The Japanese government earmarked USD 100,000 in last
year for subsidizing victims' stays in private NGO shelters
that specialize in assisting victims of human trafficking.
Although 52 victims were protected using this fund in fiscal
year 2005, very few victims were referred to private shelters
last year. In addition, the Tokyo Metropolitan Government
provided 7.2 million yen (USD 6,000) to a private shelter to
provide emergency protection to non-Japanese TIP and domestic
violence victims. Japan also gave $330,000 to IOM in 2006 for
repatriation and reintegration assistance to victims.
¶C. The government continued to work to increase the ability
of law enforcement officials to identify TIP victims. The
Immigration Bureau distributed the WHO Ethical and Safety
Guideline for interviewing trafficked women to all of its
offices, and police and immigration officials that raid sex
businesses were reminded that workers could be TIP victims.
If officers were unsure about a possible victim, they were
encouraged to consult with the NPA, WCCs, and/or IOM to
confirm the identification of the victim and arrange for
protection. Last year, WCCs referred very few victims to
specialized NGO shelters.
¶D. The government makes efforts to identify TIP victims and
has policies and procedures designed to respect their
position and protect their rights. Victims who are in Japan
illegally are given special status (See paragraph A), and are
not jailed, fined, or charged with prostitution.
¶E. The government encourages victims to assist in the
investigation and prosecution of trafficking in principle,
but most victims quickly repatriate. Although victims have
the right to file civil suits, very few choose to do so.
Japan has a law to distribute seized assets to victims of
crime, but TIP victims are not eligible for this
compensation. Victims of trafficking are also ineligible for
social welfare and are generally unable to work, forcing them
to return to their country of origin, whether voluntarily via
the special stay permit or by deportation. In addition, fear
of reprisals, either to themselves or family members,
prevents many victims from testifying or cooperating with
investigations.
¶F. The government does not provide direct physical
protection for individual trafficking victims, but WCCs and
NGO shelters take steps to conceal the location of their
facilities and work with local police to ensure their
security. If the police perceive a possible threat to a
victim, they may send the victim to another city or
TOKYO 00001034 010 OF 010
prefecture for shelter. There are a number of provisions in
Japanese law to protect the anonymity of a victim during
courtroom proceedings when there is a threat to his or her
safety. If the victim is under 18 years old, the WCC will
work with a local Child Guidance Center to provide shelter
and services to the victim.
¶G. (See also paragraph 5.I.) The NPA has given official
guidance to officers outlining how to respond to possible
trafficking victims, and includes TIP content in its periodic
training meetings with prefectural police. Knowledge of TIP
is required for the promotion examination. The NPA also
hosted the International Symposium on Measures to Prevent the
Commercial and Sexual Exploitation of Children in Southeast
Asia, attended by police from throughout the country.
Other government agencies have also integrated TIP into their
training programs. Specifically, the Immigration Bureau
brings in NGO representatives to serve as trainers on an ad
hoc basis and has introduced victim interview materials into
the curriculum. MOFA teaches consular officers about human
trafficking before sending them to embassies and consulates
abroad.
¶H. There are no reported cases of repatriated Japanese
nationals.
¶I. The U.S.-based NGO Polaris Project began operations in
Tokyo in 2004, partially funded by GTIP. They opened a
telephone helpline in late 2005 and provide victim services
at limited temporary shelter facilities.
As noted previously, IOM provides voluntary return assistance
for trafficking victims through a grant by Japan.
HELP and SAALAA each operate shelters for victims of
trafficking-in-persons.
The Asia Foundation organizes conferences on fighting
trafficking-in-persons.
The Japan Trade Union Confederation (RENGO) and other unions
provide assistance to possible victims of labor trafficking.
SCHIEFFER