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ASIA-PACIFIC APRIL 2010 VOLUME 59 Focus Asia-Pacific Newsletter of the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) December 2012 Vol

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ASIA-PACIFIC APRIL 2010 VOLUME 59 Focus Asia-Pacific Newsletter of the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) December 2012 Vol FOCUS ASIA-PACIFIC APRIL 2010 VOLUME 59 Focus Asia-Pacific Newsletter of the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) December 2012 Vol. 70 Contents Editorial Combatting Sex Trafficking in Japan This is a brief review of the current government measures regarding sex trafficking to Japan. It discusses the problem Accountability and Protection of full implementation of the anti-trafficking plan and the complexity of the problem itself. It concludes with a plea for a better Whenever human rights are violated, the question of consideration of the situation of the victims themselves. accountability arises. Is the State a violator in these cases? Has - Christey West the State undertaken sufficient steps to bring the perpetrators to Page 2 justice? What measures are being put in place to prevent such violations from occurring again in the future? Domestic Violence in Japan – Support Services and Psychosocial Impact on Survivors This is a discussion of the situation of For the victims of the violations, are they given protection from victims of domestic violence and the further harm? Are these protection measures respectful of the institutions that provide services to them. It victims’ human rights? Will they get appropriate remedies for the discusses the different aspects of the consequences of domestic violence, and harm or injury sustained? the services of several local institutions in the Kansai region of Japan. In cases of trafficking, there are reports of victims being - Miriam Tabin Page 7 victimized again by State measures (such as when they are treated as criminals and subjected to deportation, or in the name Chinese Residents in Osaka: Facing a of protecting them, their movement is severely restricted). Even Dilemma This is a report on a research on the non-governmental institutions, aiming to help victims, may situation of the Chinese who have migrated unnecessarily expose them to the public or give them undue to Osaka, particularly those who have found employment and have children. It pressure to act on their cases. discusses the problems faced by Chinese parents regarding the education of their children on Chinese language and culture, It is indeed necessary to ask: Are governments aiming to resolve and the problems of working in Japanese the problems by focusing on their root causes? In trafficking companies. issues, governments in destination countries ought to look at the - Xinyi Li structures in place which are used to victimize trafficked people. Page 10 How far have they acted on the crime syndicates that traffic Human Rights Events in the Asia Pacific people and profit from them despite laws and campaigns against This is information on important human trafficking? rights events in the region. Page 15 1 FOCUS ASIA-PACIFIC DECEMBER 2012 VOLUME 70 Combatting Sex Trafficking in Japan Christey West n 2004, the U.S. State after arriving back in their exploitation of children, and IDepartment placed Japan on country of origin.5 As a result enhancing action to eliminate Tier 2 Watch List1 for not fully Japan was taken off the ‘Watch child pornography; increasing complying with the minimum List’ and the number of efforts to provide guidance to standards for eliminating ‘entertainers’ entering Japan victims in a foreign language trafficking. Its 2004 Trafficking from the Philippines drastically including the possibility of in Persons Report states that decreased from 82,741 in 2004 supporting a Multilanguage “[c]onsidering the resources to 1,873 in 2009.6 hotline for victims; examining available, Japan could do much the total procedure including more to protect its thousands of However, the 2009 Action Plan identification and protection victims of sexual slavery.”2 The to Combat Trafficking in Persons policies for victims (including 7 report strongly advised the states that male victims) to repatriation Japanese government to while the number of victims assistance; examining the increase investigations, entering the country with the necessity of establishing a prosecutions and convictions of status of residence of bureau that handles policy trafficking crimes and to provide “entertainer” has decreased concerning TIP in an integrated better assistance to victims; as considerably, it has also been manner; and publicizing well as pursue efforts to suggested that cases of protection policies to potential prosecute the powerful trafficking in persons have victims.9 organized crime figures behind become more sophisticated the trade. Japan responded by and invisible. For example, The number of governtment- adopting the 2004 Action Plan there have been cases where identified victims of TIP to Combat Trafficking in Persons brokers and other perpetrators decreased from one hundred (TIP) which initiated traffic victims into the country seventeen in 2005 to just considerable efforts to improve by arranging false marriages so seventeen in 2009, but the law enforcement policies to that the victims may enter the Committee on the Rights of the 10 prosecute offenders, provide country with the status of Child sees this as a reflection additional resources for victim residence of “spouse or child of the inability of the Japanese protection in government-run of Japanese national” which government to keep up with the shelters, no longer treating has no limitations on their new sophisticated methods of victims as criminals; and work during their stay. trafficking and the inadequacy implemented significant reforms of its efforts to eliminate the 11 to tighten the regulations on the The number of marriages practice. Kaoru Aoyama, who issuance of entertainer visas between Japanese men and has done extensive research on from the Philippines to Japan,3 Filipino women jumped from trafficking into Japan, agrees which had been ‘a process used 8,397 couples in 2004 to that the legitimacy of these by traffickers to enslave 12,150 couples in 2006.8 This figures is highly debatable thousands of Philippine women new development caused the stating that they ‘are surely not in Japan each year’.4 The Japanese government to issue a an accurate reflection of the true government also began to revised plan, the 2009 Action number of victims given that out provide voluntary return and Plan to Combat Trafficking in of 100,000 illegal migrants reintegration assistance to Persons. living in Japan in 2009, only 17 12 victims including psychosocial victims of TIP were reported’. care, medical and legal The 2009 Action Plan With the details of Japan’s sex assistance, and follow up care incorporated taking stringent actions against the sexual industry largely hidden 2 FOCUS ASIA-PACIFIC DECEMBER 2012 VOLUME 70 underground, it is clear that cases of such women being foreign women), and that most more research is required in classified as victims of TIP.16 women working within the order to grasp the true scale of These women victims faced industry are doing so with free the situation. In 2007, the criminal trial and most were agency. There is no evidence to U N O D C f u n d e d a deported under the immigration date to suggest that trafficked comprehensive investigation law, while the provisions of the women make up more than a into the trafficking situation in Action Plan on protecting small proportion of women Japan. Aoyama led the research trafficking victims were pushed working in the entertainment while sex workers gathered data into “background completely.” industry, and prostitution is who, with an insider’s view of This demonstrates the only a part of that industry. the industry, quickly began arbitrariness of Japan’s judicial uncovering facts that process.17 In order to effectively On the other hand, conflating represented a more accurate provide protection for victims of ‘volunteer sex workers’ and description of the state of TIP, it is crucial that the terms victims of trafficking is affairs. Controversially, used are properly defined. problematic. A report states that however, as soon as the results the “ongoing debate on started surfacing the Japanese A 2004 report from the trafficking and prostitution is ambassador to the United International Labour increasingly driven by different Nations called on the UNODC Organization (ILO) provides an approaches to collecting, to terminate the project as important caveat on the issue of critiquing, and analysing data ‘Japan has no issue with Japan’s entertainment industry on these phenomena.” There is 18 trafficking so there is no point and sex work. It states a debate on many questions continuing the investigation’.13 Generalizations about the such as “What counts as The project was subsequently entertainment industry are trafficking? At what point does terminated and Japan managed dangerous. 'Hostessing' is an smuggling become trafficking? to save face in the international occupation unfamiliar to many And, what role does consent community. cultures, and many people play in both smuggling and 19 erroneously presume that trafficking?” Japan is the only G8 nation not hostessing includes the to have ratified the Protocol to At the same time, Aoyama provision of sexual services. explains that many rural Prevent, Suppress and Punish Statistical estimates are often Trafficking In Persons, Chinese women come to Japan sloppy or completely fail to via contract marriages (as Especially Women and differentiate between Children, Supplementing the opposed to ‘forced marriages’) hostessing (usually involving as it is now the safest way to United Nations Convention on conversation, pouring drinks, 14 work in Japan and provide an Organized Crime, insisting
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