JAPAN: TIER 2

THE GOVERNMENT OF Japan does not fully meet the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government demonstrated increasing efforts compared to the previous reporting period; therefore, Japan remained on Tier 2. The government demonstrated increasing efforts by passing legislation in November 2016 enhancing oversight of the Technical Intern Training Program (TITP) to protect program participants from exploitation; prosecuting and convicting more traffickers compared to the previous year; and identifying 50 trafficking victims, including four labor trafficking victims. However, the government did not meet the minimum standards in several key areas. There appear to be significant gaps in the laws Japan relies on to prosecute human trafficking cases, which hamper the government's ability to investigate, prosecute, and convict the full range of trafficking crimes identified in international law. In addition, the treatment of some child sex trafficking victims as delinquents rather than victims left them without proper services and the crimes of their traffickers uninvestigated and unpunished. Despite reports and allegations from NGOs of possible labor trafficking offenses under the TITP, the government did not identify any TITP participants as trafficking victims or prosecute traffickers involved in the use of TITP labor as traffickers.

RECOMMENDATIONS FOR JAPAN

Update the legal framework to fully criminalize all forms of trafficking in accordance with the definition in international law, including to criminalize those who recruit, transport, transfer, or receive individuals for forced labor or sex trafficking increase the penalties for crimes used to prosecute trafficking crimes to a maximum of no 1 ess than four years imprisonment and disallow the alternative of a fine; for sex trafficking crimes, ensure penalties are commensurate with those in place for other serious crimes, such as rape; significantly increase efforts to investigate and prosecute labor trafficking cases; fully implement the oversight and enforcement measures contained in the TITP reform law; increase enforcement of bans on excessive deposits, “punishment” agreements, withholding of passports, and other practices by organizations and employers that contribute to forced labor; enhance victim screening to ensure trafficking victims, including but not limited to migrant workers under the TITP program and children, are properly identified and referred to services, and not detained or forcibly deported for unlawful acts committed as a direct result of being subjected to trafficking;