Japanese Human Trafficking
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According to the United States' State Department, Japan is a major destination, source, and transit country for men and women subjected to forced labor and sex trafficking. Victims of human trafficking include male and female migrant workers, women and children lured to Japan by fraudulent marriages and forced into prostitution, as well as Japanese nationals, "particularly runaway teenage girls and foreign-born children of Japanese citizens who acquired nationality." According to the 2014 U.S. State Department's Trafficking in Persons Report, "The Government of Japan does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so."[4]
Red-light districts are popular hangouts for sex workers.[1] (Nakasu, Fukuoka)
U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.[5] Japan ratified the 2000 UN TIP Protocol on July 11, 2017.[6]
In 2005 Irene Khan, then the Secretary General of Amnesty International, stated that the country was the biggest receiving country for human trafficking and there were a lot of people being trafficked from Southeast Asia, Eastern Europe, South America, to Japan.[7]
Karayuki-san was the name given to Japanese girls and women in the late 19th and early 20th centuries who were trafficked from poverty stricken agricultural prefectures in Japan to destinations in East Asia, Southeast Asia, Siberia (Russian Far East), Manchuria, and British India to serve as prostitutes and sexually serviced men from a variety of races, including Chinese, Europeans, native Southeast Asians, and others.
Japanese and foreign[8][9] women and girls have been victims of sex trafficking in Japan. They are raped in brothels and other locations and experience physical and psychological trauma.[10][11][12]
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The Government of Japan does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. These efforts included identifying more victims than the previous year; funding a service provider organization to implement an innovative and highly effective online outreach program; and increasing on-site inspections of businesses employing migrant workers. However, these efforts were not serious and sustained compared to those during the previous reporting period. Officials investigated, prosecuted, convicted, and imprisoned fewer traffickers than in previous years. Authorities again failed to identify a single trafficking case in the Technical Intern Training Program (TITP) despite persistent reports of forced labor among labor migrants working in Japan under its auspices. The government did not fully implement legally mandated screening procedures aimed at blocking foreign-based labor recruitment agencies from charging excessive fees—a key driver of debt-based coercion among TITP participants. Authorities continued to prosecute and convict traffickers under laws carrying lesser sentences, which courts in most cases suspended in lieu of incarceration. Additionally, some traffickers received only fines. Interagency stakeholders relied on disparate, ineffective identification and referral procedures, leading to issues with proper screening and protection of victims. Law enforcement bodies continued to identify children exploited in commercial sex without formally designating them as trafficking victims, in some cases hindering their access to protection services and judicial recourse. Therefore Japan was downgraded to Tier 2.
Vigorously investigate and prosecute sex and labor trafficking cases, and hold convicted traffickers accountable by imposing strong sentences. • Amend anti-trafficking laws to remove sentencing provisions that allow fines in lieu of imprisonment, and to increase the penalties for trafficking crimes to include a maximum of no less than four years’ imprisonment. • Develop, systematize, and implement standard interagency procedures for the identification of, and referral to protective services for, victims of forced labor among migrant workers, including those in Japan under the auspices of the TITP and other visa-conferring statuses, and among those in immigration detention. • Increase efforts to identify male victims of sex trafficking and forced labor. • Increase resources to provide specialized care and assistance to trafficking victims, including designated shelters for trafficking victims, and ensure these services are also available to both foreign and male victims. • Increase implementation of the TITP reform law’s oversight and enforcement measures, including by training Organization for Technical Intern Training (OTIT) personnel and immigration officials on victim identification, improving OTIT coordination with NGOs, reviewing all contracts prior to approval of TITP work plans, increasing employer inspections, and terminating contracts with foreign recruitment agencies charging excessive worker-paid commissions or fees. • Establish formal channels allowing all foreign workers to change employment and industries if desired. • Enhance victim screening to ensure victims—including children exploited in commercial sex without third party facilitation, migrant workers under the TITP program, and migrant workers entering Japan under the new visa regimes—are properly identified and referred to services, and not detained or forcibly deported for unlawful acts traffickers compelled them to commit. • Enact legislation banning employers from retaining all foreign workers’ passports or other personal documents. • Reduce migrant workers’ vulnerability to debt-based coercion by amending relevant policies to eliminate the imposition of all worker paid recruitment and service fees. • Increase enforcement of bans on “punishment” agreements, passport withholding, and other practices by organizations and employers that contribute to forced labor. • Aggressively investigate, prosecute, convict, and punish Japanese citizens who engage in child sex tourism overseas.
The government decreased law enforcement efforts. Japan did not have a comprehensive anti-trafficking statute that included definitions in line with international law. However, it criminalized sex trafficking and labor trafficking offenses through disparate laws pertaining to prostitution of adults and children, child welfare, immigration, and employment standards. Article 7 of the Prostitution Prevention Law criminalized inducing others into prostitution and prescribed penalties of up to three years’ imprisonment or a fine of up to 100,000 yen ($920) if fraudulent or coercive means were used, and up to three years’ imprisonment and a fine of up to 100,000 yen ($920) if force or threats were used. Article 8 of the same law increased penalties to up to five years’ imprisonment and a fine of up to 200,000 yen ($1,840) if the defendant received, entered into a contract to receive, or demanded compensation for crimes committed under Article 7. The “Act on Regulation and Punishment of Activities Relating to Child Prostitution and Pornography and the Protection of Children” criminalized engaging in, acting as an intermediary for, and soliciting the commercial sexual exploitation of a child and prescribed penalties of up to five years’ imprisonment, a fine, or both. The act also criminalized the purchase or sale of children for the purpose of exploiting them through prostitution or the production of child pornography, and it prescribed a maximum penalty of 10 years’ imprisonment. The government reportedly also prosecuted trafficking-related offenses using the Child Welfare Act, which broadly criminalized transporting or harboring children for the purpose of causing them to commit an obscene or harmful act and prescribed penalties of up to 10 years’ imprisonment, or a fine of up to three million yen ($27,640), or both, although authorities claimed courts did not implement provisions allowing for fines. The Employment Security Act (ESA) and the Labor Standards Act (LSA) both criminalized forced labor and prescribed penalties of up to 10 years’ imprisonment or a fine not exceeding three million yen ($27,640). When penalties allowed for fines in lieu of imprisonment for sex trafficking, they were not commensurate with penalties prescribed for other serious crimes, such as rape. Many prosecutors reportedly avoided using the ESA and LSA due to a perception that the relatively high penalties were more likely to trigger appellate processes that would decrease their overall conviction rates and negatively impact their professional standing. Civil society organizations reported that reliance on this series of overlapping statutes continued to hinder the government’s ability to identify and prosecute trafficking crimes, especially for cases involving forced labor with elements of psychological coercion.
The government reported arresting and initiating investigations into 39 individuals for 57 alleged crimes related to trafficking in 2019—including at least 15 men for alleged sex trafficking and four men and one woman for forced labor that may have involved corollary sex trafficking—compared with 39 cases in 2018 (unreported in 2017; 44 in 2016). Courts newly prosecuted 32 individuals during the calendar year, compared with 34 individuals in 2018 and 26 in 2017, leading to 17 convictions–a decrease compared with 27 convictions in 2018 and 23 in 2017; the remaining cases were pending trial at the end of the reporting period. According to available data, only three of the convicted traffickers served prison time, a decrease compared with nine in 2018 and five in 2017; one received a 10-month prison sentence, one received an 18-month prison sentence and a fine of 800,000 yen ($7,370), and one received a sentence of two and a half years’ imprisonment. One trafficker received only a fine of 500,000 yen ($4,610), two received suspensions without fines, and three received suspensions with fines ranging from 200,000 to 300,000 yen ($1,840 to $2,760). Courts secured an additional five convictions in trials initiated during previous reporting periods; three of the convicted traffickers received sentences ranging from two to two and a half years’ imprisonment, and the remaining two received suspended sentences. The Ministry of Justice (MOJ) reported “identifying” an additional four suspected traffickers without prosecuting them. Based on prosecutorial data, some of these prosecutions and convictions may have featured crimes outside the standard definition of trafficking, including facilitation of immigration violations and distribution of child pornography.
The government did not report statistics on arrests or prosecutions of cases involving “children in prostitution.” In previous years, authorities processed hundreds of such cases without formally identifying them as trafficking crimes (more than 700 cases involving nearly 600 suspects in 2018; 956 in 2017). Authorities reportedly continued to fine persons convicted of the latter without incarcerating them, particularly first-time offenders; civil society experts asserted this leniency was permissive of continued commission of the crime. In 2017, Japan passed a law containing a provision that criminalized bribery of witnesses, which would allow authorities additional grounds to pursue obstruction of justice charges against some traffickers. However, for the second consecutive year, the government did not report to what extent it implemented this for trafficking cases during the reporting period.
The National Police Agency (NPA) reported instructing police precincts nationwide to enhance investigations into TITP abuses, and it established an information-sharing mechanism with OTIT to facilitate this cooperation. However, authorities did not report on the status or outcome of its implementation. Despite the prevalence of forced labor indicators identified through increased OTIT inspections, the government did not report prosecuting or convicting any individuals for involvement in the forced labor of TITP participants. OTIT reported conducting on-site inspections of more than 10,000 TITP implementing organizations and nearly 2,500 supervising organizations in 2019. These inspections led OTIT to refer 33 cases to prosecutors for criminal investigation, an increase from 19 referred for criminal investigation in 2018. However, none of these criminal referrals was for labor trafficking crimes, despite repeated attempts by service provision NGOs to draw attention to specific allegations of forced labor occurring within TITP worksites. NGOs claimed courts set prohibitively high evidentiary standards for forced labor cases involving foreign victims, including overreliance on physical indicators of abuse in lieu of evidence supporting psychological coercion, thereby stymying appropriate law enforcement action. In previous years, local law enforcement have reportedly assisted abusive TITP employers in blocking NGOs from rescuing and assisting victims of forced labor.
Authorities continued to take some law enforcement action against child sex trafficking in Joshi kosei or “JK” businesses—dating services connecting adult men with underage high school girls—and in coerced pornography operations, but for the second consecutive year they did not provide data or case specifics. Seven major prefectures maintained ordinances banning “JK” businesses, prohibiting girls younger than 18 from working in “compensated dating services,” or requiring “JK” business owners to register their employee rosters with local public safety commissions; one additional municipality adopted these ordinances in 2019. Unlike in previous years, authorities did not report how many such operations they identified or shuttered for violating the terms of the ordinances (137 identified and none closed in 2018; 114 identified and 14 closed in 2017), nor did they report arresting any individuals alleged to have been in engaged in criminal activities surrounding the JK business (69 arrested in 2018). Some authorities were reportedly unaware of the crime or unsure how to prosecute it, often citing prohibitively high evidentiary standards. NGOs alleged police avoided entertainment districts known for “JK” business activities due to perceived connections to organize crime syndicates. The government continued to provide training on investigative methods and victim identification for police officers, prosecutors, judges, and immigration bureau officials.. Despite these efforts, contacts noted an acute need for additional training to address the lack of awareness among key law enforcement officials and judicial stakeholders.
The government maintained insufficient efforts to protect victims, including by consistently failing to formally identify victims of trafficking within the TITP and among children in commercial sexual exploitation. Authorities relied on formal manuals instituted by an Inter-Ministerial Liaison Committee in 2010 encouraging government bodies to develop broad protection measures for trafficking victims. NPA officials also reported consulting an IOM-developed handbook to identify and refer victims to available protective services. In practice, interagency stakeholders followed disparate, often insufficient victim identification procedures—especially among child sex trafficking victims and migrant workers. Due to the limited scope of laws prohibiting commercial sex, widespread victimization of minors and adults took place within a legalized but largely unregulated range of “delivery health service” sex acts in urban entertainment centers.
Authorities reported identifying 47 trafficking victims, including 28 adults and 19 children, compared with 25 total in 2018, 46 in 2017, and 50 in 2016. The government identified 12 women and girls forced to work as “hostesses,” some of whom may have also been subjected to sex trafficking (three in 2018), and 35 female sex trafficking victims (20 in 2018; 31 in 2017; 37 in 2016), including at least five children. The government has never identified a forced labor victim within the TITP since its inception, nor during the tenure of its predecessor organization founded in 1993, despite substantial evidence of trafficking indicators. Authorities continued to arrest and deport TITP participants who escaped forced labor and other abusive conditions in their contracted agencies; some labor contracts featured illegal automatic repatriation clauses for interns who became pregnant or contracted illnesses while working in Japan. The government did not report national statistics on forcible TITP deportations, and, unlike in the previous year, it did not provide data on the number of screening interviews of TITP participants departing Japan prior to the end of their contracts, nor on the number of successful interventions in unjust employer-initiated deportations. Civil society groups noted the government had no procedure for screening foreign nationals in immigration detention for possible trafficking indicators (at least nine attempted forcible deportations among 8,000 interviewees in 2018, with five successful interventions and two employee-reinstatements).
Authorities stated they continued to identify and provide unspecified protection services to “children in prostitution”—a form of sex trafficking—but did not report relevant data, unlike in previous years (544 children identified in 2018; 654 in 2017; 518 in 2016). However, as in previous years, the government consistently failed to identify designate most children identified in commercial sexual exploitation as trafficking victims (none in 2018; six in 2017; 10 in 2016). Authorities continued to separate these statistics based on persistent definitional discrepancies that NGOs claimed affected service provision and proper law enforcement action. Contrary to definitional standards under the 2000 UN TIP Protocol, authorities did not consider children to be victims of sex trafficking unless the sex acts were mediated by a third party, likely preventing hundreds of children from formal designation. Some provincial law enforcement officials noted that Japan’s unusually low age of consent, 13, further complicated efforts to formally identify children exploited in commercial sex as trafficking victims. Police continued to treat some potential child sex trafficking victims as delinquents—particularly LGBTI children—and counseled them on their behavior instead of screening them for victim status, investigating their cases, or referring them to specialized services. Although there were no specific reports in 2019, in previous years, authorities arrested some child victims in connection with their trafficking situations; service provision NGOs believed enduring definitional discrepancies continued to leave child victims at risk of penalization.
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