Protecting Filipino Overseas Performing Artists (OPAS) Against Traffickingand Prostitution
Nhareen Santos Millar (Philippines)
Mary Joy dreams of becoming a teacher. Due to poverty and lack of economic
opportunity she came to Japan to work as entertainer. She recalled that she was madeto go out on afternoon dates with customers for the fear of losing her salary anddiscontinuation of her contract. She was also forced to wear sexy clothes to attract
patrons.
Lydia came to Japan as a professional singer. Like many young Filipina women, shecame to Japan in the hope of earning and sending money to her parents. She lamentsthat the bar manager did not follow the specific provisions of her contract. Illegal
practices like outside contract stipulations and cleaning the club were made part oftheir job as entertainers.
These accounts of two Filipinas are not very different from those of other young
women from the Philippines and other countries who have been victimized bytrafficking and prostitution in Japan. It is evident that if these women had viable
employment in their countries, they would not have been victimized. On the other hand,significant measures to protect overseas workers are necessary to prevent exploitationof women. And these measures also demand cooperation and collaboration between
sending and receiving countries.
The issue of human trafficking should be viewed in the context of gender inequality
and the traditional female roles in the family and society. The emergence of thegendered labor market and a worldwide feminization of labor migration resulted in a
migration pattern whereby women are trafficked for domestic labor/slavery andslavery-like practices, marriage, prostitution and other forms of sexual exploitation.
The adoption of the UN Convention Against Transnational Organized Crime,including its Optional Protocol, the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially women and children, is a major milestone in the effort
to promote the rights of trafficking victims. The Philippine government in October 2001
joined the ranks of those nations which ratified this Optional Protocol. In May 2003,
Republic Act No. 9208 or the Anti-Trafficking in Persons Act of 2003 was signed into law.
The Philippine Anti-Trafficking law is considered to be one of the most comprehensiveand progressive laws that protect women and children from trafficking.
Japan for its part has also taken serious steps to address the issue of trafficking inpersons. In December 2004, the Japanese Diet enacted Law 73, amending theImmigration Control and Refugee Recognition Act. The new Japanese immigration
policy intends to stop illegal recruitment and human trafficking in the country. The newimmigration policy amended the requirements for landing permission for persons withthe status of “entertainer”. It means that the government of Japan will no longer only
accept the Artists Accreditation Certificate (AAC) as a fulfillment for criteria forentertainers, which is being issued by the Philippine government testifying that theholder is an authentic artist. The new rule requires entertainers to possess two (2) yearsof relevant schooling or two (2) years experience as an entertainer outside Japan. The
policy would have no influence on Filipinos who already have entered Japan and havebeen working lawfully. Presently there is no numerical limitation for entertainers.
Non-government organizations (NGOs) working on the issue of trafficking took thesedevelopments as an opportunity to point out various problems encountered by Filipino
entertainers in Japan. Various research conducted by NGOs like the Development
Action for Women's Network (DAWN) and the Coalition Against Trafficking in
Women-Asia Pacific(CATW-AP) revealed that trafficking and prostitution happen
despite the available legal channels for entry. The NGOs believe, however, that the newimmigration policy of Japan will eventually result in the strengthening andprofessionalization of the entertainment industry and eventually weed out theundesirable and exploitative aspects of the business.
Last February 2, 2005 the NGO network working on trafficking and migration held apublic dialogue on the new Japanese Immigration Policy and its effects on the OPAs.
Invited as one of the guest speakers was Minister Masaru Watanabe, General Affairs ofthe Japanese Embassy in the Philippines. Mr. Watanabe presented the overview of theJapanese Action Plan of Measure to Combat Trafficking in Persons. “This Action Plan isa serious step on the part of the government of Japan to address the issue of trafficking,”
Mr. Watanabe stated.
The Action Plan adopts the progressive definition of human trafficking as provided forin Article 3 of the UN Trafficking Protocol. It adheres to the following important point ofactions: ‘(1) victims of human trafficking are eligible for protection and careful response
are to made on the different conditions of victims; (2) criminal laws need to be amended
to reflect the gravity of the crime; (3) step up preventive measures against trafficking inpersons by coordinating with various systems and structures that may have played apart in making trafficking in Japan easier.'In a more recent development to step-up national interventions to curb trafficking inpersons, President Gloria Arroyo issued Executive Order No. 406 on February 8, 2005,
creating a Special Task Force on Human Trafficking concerns. It is principally
mandated to establish friendly and cordial relations through dialogues with Japanese
authorities with respect to the status and welfare of Filipino entertainers in Japanaffected by Japan's new immigration policy.
Given the mutually reinforcing measures between Japan and Philippines, it isexpected that better safeguards will be accorded for the protection of the dignity ofOPAs and for the improvement of the mutual cooperation between Philippines andJapan.
REFERENCES
1. Araneta Sandy, “Romulo back from Tokyo empty handed.” The Philippine Star, 2/6/05.
2. “Upholding the Dignity and Integrity of the Filipino Artist and Stop the Trafficking ofWomen to Japan” Statement from NGO network working trafficking and migration,
1/26/05.
3. Japanese Action Plan of Measure to Combat Trafficking in Persons, 12/24/04
www.humantrafficking.org
4. SINAG, A quarterly publication of the Development Action for Women's Network(DAWN), Vol.9, No.4, 10-12/04
General Affairs of the Japanese Embassy
inthePhilippines,

presenting

theoverview of the Japanese Action Plan ofMeasure to Combat Trafficking during
the Public Dialogue on the effects of theJapanese Immigration policy on OPAs.
February

2,2005,Balay

Kalinaw,

University of the Philippines, Diliman,
Quezon City, Philippines.