[ Human Trafficking, Country-by-Country ]

JAPAN (Tier 2) – Extracted in part from the U.S. State Dept 2023 TIP Report

The Government of Japan does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.  The government demonstrated overall increasing efforts compared with the previous reporting period, considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity; therefore Japan remained on Tier 2.  These efforts included establishing a panel to provide recommendations on reforming the Technical Intern Training Program (TITP) to reduce vulnerabilities to forced labor, approving a National Action Plan prioritizing labor trafficking and child sex trafficking, and increasing convictions for sex trafficking.  However, the government did not meet the minimum standards in several key areas.  It continued to demonstrate a lack of political will to criminally investigate and prosecute cases of labor trafficking and child sex trafficking.  Law enforcement continued to identify hundreds of children exploited in the commercial sex industry without sufficient screening for trafficking indicators, which allowed child sex traffickers to operate with impunity.  Authorities continued to prosecute and convict traffickers principally under laws prescribing insufficiently stringent penalties, and for at least the sixth consecutive year, courts issued either fully suspended sentences of imprisonment or fines to most convicted traffickers.   Reports of labor trafficking among migrant workers in TITP persisted, but the government did not identify any labor trafficking victims within TITP or any male trafficking victims.  Within TITP, the government’s memoranda of cooperation (MOCs) with sending countries remained ineffective in preventing foreign-based labor recruitment agencies from charging excessive fees – a key driver of debt-based coercion among TITP participants.  Authorities continued to rely on disparate, ineffective identification and referral procedures, which resulted in officials inappropriately penalizing victims solely for unlawful acts committed as a direct result of being trafficked.  Some of these procedures were updated during the reporting period.  Not all prefectures offered adequate services for trafficking victims, no government shelters could accommodate male victims, and women and child trafficking victims often had to quit work or school to receive shelter services.

Prioritized Recommendations

Vigorously investigate and prosecute sex and labor trafficking, and seek adequate penalties for convicted traffickers, which should involve significant prison terms.

Develop and implement new government-wide SOPs for the identification and referral to care of labor trafficking victims, including those in Japan under the auspices of TITP, other visa statuses, and in immigration detention.

Enhance screening to ensure victims – including children exploited in commercial sex without third party facilitation and migrant workers under TITP and the Specified Skilled Worker Visa (SSW) – are identified and referred to services and not inappropriately detained or forcibly deported solely for unlawful acts committed as a direct resulted of being trafficked.

Increase resources for trafficking victim care, including survivor-centered shelters with freedom of movement and services for foreign and male victims.

Enact an anti-trafficking law that clearly defines trafficking in persons in line with international law, including child sex trafficking, which does not require a demonstration of force, fraud or coercion or third-party facilitation.

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, scrutinizing work plans and contracts prior to approval, thoroughly inspecting work sites, terminating contracts with agencies or employers charging excessive worker-paid commissions or fees, and referring to law enforcement labor violations that are indicative of labor trafficking.

Establish formal channels allowing all foreign workers to change employment and industries, if desired.

Amend anti‑trafficking laws to remove sentencing provisions that allow fines in lieu of imprisonment and increase the penalties for trafficking crimes to include a maximum of no less than four years’ imprisonment.

Enact legislation banning employers from retaining foreign workers’ passports or other personal documents.

Reduce migrant workers’ vulnerability to debt-based coercion by eliminating 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 labor trafficking.

Investigate, prosecute, convict, and punish Japanese citizens who engage in child sex tourism overseas.