(Provisional Translation)

Japan’s 2014 Action Plan to
Combat Trafficking in Persons

December 16, 2014
Ministerial Meeting Concerning Measures Against Crime

Introduction: Establishment of the “Japan’s 2014 Action Plan to Combat Trafficking in
Persons”
Trafficking in persons is a grave violation of human rights and requires a prompt andappropriate response from a humanitarian perspective as trafficking in persons causes serious
psychological and physical pain for the victims and recovery from such damage is very
difficult. Moreover, as trafficking in persons is a serious international concern, theinternational society takes great deal of interest in the measures against trafficking inpersons. 1
Article 3 of the “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention against Transnational
Organized Crime” (hereinafter referred to as the “Trafficking in Persons Protocol”) 2 defines
trafficking in persons as follows:
Article 3(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring
or receipt of persons, by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability
or of the giving or receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of exploitation. Exploitation shall
include, at a minimum, the exploitation of the prostitution of others or other forms ofsexual exploitation, forced labour or services, slavery or practices similar to slavery,
servitude or the removal of organs;(b) The consent of a victim of trafficking in persons to the intended exploitation set forth insubparagraph (a) of this article shall be irrelevant where any of the means set forth insubparagraph (a) have been used;(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purposeof exploitation shall be considered “trafficking in persons” even if this does not involve
any of the means set forth in subparagraph (a) of this article;(d) “Child” shall mean any person under eighteen years of age.
International society defines these acts as trafficking in persons. To conclude the Trafficking
in Persons Protocol, Japan closely examined whether punishments were imposed for theseacts under domestic laws. With regard to the acts for which punishments were not imposed inJapan, punitive provisions for them (such as the crime of buying or selling of human beings)
were added to the Penal Code in the 2005 amendment and, as a result, all these acts are now
deemed to be crimes (see Annex 1 “List of Punitive Provisions That Guarantee the Trafficking
in Persons Protocol”). As specified in the above-described definition, any person can become
a victim, whether male or female, whether adult or child, and whether Japanese or foreigner.
In April 2004, to promptly and steadily promote close cooperation among the relevant
government agencies and cooperation with the international society in preventing anderadicating trafficking in persons and protecting victims, the Government of Japan established1

2

For example, this year the United Nations designated July 30 as the “World Day against Trafficking in
Persons” and its Secretary-General and Director-General of the International Labour Organization stated thatthey aim to eradicate trafficking in persons.
Although Japan has completed the establishment of domestic laws for carrying out the Trafficking in Persons
Protocol, Japan has not concluded the Protocol because it has still not concluded the “Convention against
Transnational Organized Crime.”1

an Inter-Ministerial Liaison Committee regarding measures to combat trafficking in persons.
In December that year, the Government of Japan drew up the “Japan’s Action Plan of
Measures to Combat Trafficking in Persons” to promote integral and comprehensive
government-wide action to combat the transnational organized crime of trafficking in persons.
Moreover, in December 2009, based also on the results of the measures carried out according
to the plan, the Ministerial Meeting Concerning Measures Against Crime 3 established the“Japan’s 2009 Action Plan to Combat Trafficking in Persons” to deal appropriately with theissues concerning the measures against trafficking in persons and continue to promote themeasures to be carried out by the Government as a whole.
As a result of the Government’s steady implementation of the measures specified in both
action plans since 2004, it can be said that Japan’s measures against trafficking in persons
have greatly advanced and attained some notable achievements. However, trafficking inpersons is a serious transnational problem, and thus, the international society pays close
attention to Japan’s action against the crime. It is necessary to make active efforts consistently
to identify and protect the victims as well as find the traffickers, keeping in mind that
trafficking in persons is very latent in nature and the Government is not identifying all thevictims.
In addition, Japan has planned to promote the utilization of foreign human resources andexpects an increase of foreign visitors towards the 2020 Tokyo Olympics and Paralympics. In
this situation, it is important for Japan to continue to demonstrate active efforts to carry out
measures against trafficking in persons, preventing Japan to be a destination country.
Furthermore, given that there are cases where Japanese women have become trafficking
victims for sexual exploitation, and from the viewpoint of the promotion of women’s
activities, the appropriate promotion of measures against trafficking in persons will be helpful
for establishing environment where women can further play an active role without anxiety.
Therefore, the Government of Japan drew up the “Japan’s 2014 Action Plan to Combat
Trafficking in Persons” for the eradication of trafficking in persons and the response withappropriate measures to the situation against trafficking in persons, and the Government as awhole will carry out more strongly both integral and comprehensive measures against
trafficking in persons as part of making “Japan, the safest country in the world” towards the2020 Tokyo Olympics and Paralympics.
As before, this Action Plan will promote measures against trafficking in persons inaccordance with the definition of “trafficking in persons” specified in Article 3 of the
Trafficking in Persons Protocol, in close collaboration with the relevant government agencies,
and in cooperation with foreign countries’ relevant government agencies, internationalorganizations and NGOs, etc. In addition, the Action Plan has specified that efforts will bemade to prevent trafficking in persons through the prevention of labor exploitation, that theprotection of trafficking victims and the identification of them as a precondition for theprosecution of traffickers will be promoted, and that the assessment of the status of various
measures and the verification of their effects will be promoted through the preparation and
3

In September 2003, the Ministerial Meeting Concerning Measures Against Crime was founded as a meeting
consisting of all the ministers under the sponsorship of the Prime Minister, to generally and actively promote
effective and appropriate measures for reviving “Japan, the safest country in the world.” In December 2009,
the Inter-Ministerial Liaison Committee regarding measures to combat trafficking in persons was put under
the Ministerial Meeting.

2

publication of annual reports concerning trafficking in persons.

3

1.

Thorough assessment of the current situation of trafficking in persons

To carry out measures against trafficking in persons effectively, it is essential to understandthe situation thoroughly. Because it is predicted that trafficking methods will become moreskillful and there will be ongoing changes in the situation, it is necessary to analyze thesituation from cases of trafficking in persons dealt with by relevant government agencies andto share information. In addition, because trafficking in persons is committed across borders,
it is also important to make efforts in cooperation with the international society.
(1)

Assessment and analysis of the cases of trafficking in persons
When the Immigration Bureau carries out its various procedures, it will register
information on trafficking victims and traffickers in the “trafficking in persons
database” to help understand their situation. The police will endeavor to assess andanalyze the cases of trafficking in persons through their activities, such as on-the-spot
inspections and control of adult entertainment businesses etc.
The relevant government agencies will share the information gained through theirefforts and the information received from foreign embassies in Tokyo, NGOs, lawyers
and others to understand and analyze the working conditions of non-Japanese women
and workers, cases of trafficking in persons, and the current situation of brokerorganizations in Japan and abroad.
To arrest domestic and foreign brokers, the Government of Japan will share information
by effectively using contact points established among the relevant government agencies,
embassies in Tokyo, international organizations, NGOs and others concerning cases oftrafficking in persons.

(2)

Sharing information with foreign governments and related institutions
The Government of Japan will make efforts to share information with foreign
governments and related institutions through various activities, including dispatching
the Government Delegations on Anti-Human-Trafficking Measures to the countries
where many victims of trafficking in persons were sent from. Moreover, cooperative
relationships will be created with such countries concerning the prevention of
trafficking in persons and the protection of victims.

2.

Prevention of trafficking in persons

Because trafficking in persons causes serious mental and physical pain to victims, andbecause recovery from such damage is very difficult, it is most important to prevent theoccurrence of damage first of all.
For this purpose, it is necessary to appropriately carry out immigration control and residence
management, and taking into consideration the fact that many victims are forced to be
employed illegally, endeavor to prevent illegal employment related to adult entertainment
businesses and sex-related amusement special businesses. In addition, when expanding
Technical Intern Training Program and utilizing foreign human resources, appropriate
management must be carried out so that systems related to foreigners’ work cannot be abused
for trafficking in persons.

4Moreover, it is also necessary to take measures against the demand side for trafficking inpersons.
(1)

Prevention of trafficking in persons by thorough immigration control

1)

Thoroughly strict immigration control
Efforts will be made to prevent traffickers from entering Japan and protect the victims.
For example, if the purpose of a foreigner’s entering Japan is doubtful, the foreigner
will be handed over to a special inquiry officer for a hearing to examine the foreigner
carefully. It is necessary not only to carry out immigration inquiries thoroughly but also
to utilize the databases on trafficking in persons, the advanced passenger information(API), and the passenger name records (PNR) prepared by each airline for the
reservation of air tickets. In addition, immigration control officers will more actively
and continuously patrol transit areas in airports and sea port areas, and in cooperation
with airlines etc. watch and disclose any doubtful activities, such as stowing away or
brokers’ supply of forged passports.

2)

Strict examination of visas
To cope with the cases of sophisticated visa applications fraud (including false
marriages and impersonation), and to cope with visa applications by persons likely to be
victimized by trafficking in persons, the Government of Japan will conduct detailed
individual interviews and strict examination to prevent trafficking in persons.
In addition, if an ex-victim applies for a visa to revisit Japan, careful examination will
be carried out to prevent the ex-victim from being victimized again.

3)

Improvement of the wide-area visa network
As one of the border control measures, the Ministry of Foreign Affairs will continue toimprove the information and telecommunications network with the overseas diplomaticestablishments and the relevant government agencies in order to promptly share
information on visa application by latent victims and to prevent trafficking in persons.

4)Strengthening of measures against forged documents
To prevent forged passports and other documents being used as a means for trafficking
victims to enter Japan, the Forged Documents Control Office established in each of the
Narita, Haneda, Kansai, and Central Airports which the majority of immigrants use willtake the lead in strictly inspecting documents suspected of having been forged andproviding training to airport and seaport staff concerning the inspection of forgeddocuments in order to improve their inspection techniques, including the effective useof inspection equipment.

In addition, to prevent passports and visas issued by the Government of Japan from being
used as a means for trafficking victims to enter Japan, the introduction of the next-generation
e-Passports that can prevent forgery will be examined and the management of visa seals will
be strengthened to enhance measures against illegal use of passports and visas, including the5illegal acquisition of them by impersonation and the forgery of them.

(2)

Prevention of trafficking in persons through thorough residence management

1)

Prevention of trafficking in persons involving disguised or illegal stays through strict
residence management
Trafficking in persons involving disguised or illegal stays will be prevented throughstrict residence management. In addition, to contribute to the control of false or illegal
stay cases, such as false marriage, and brokers and other perpetrators engaged in suchcases, the police, the Immigration Bureau, and other relevant administrative agencies
will strengthen their cooperation by promoting exchanges of information among them,and collect and analyze various kinds of information in order to fully understand theactual situation. If such a case is found, they will cooperate actively to crack down the
traffickers and thoroughly protect the victims.

2)

Strict control of illegal employment
The police, the Immigration Bureau, the Labor Standards Offices and other relevant
administrative agencies will strengthen their cooperation to exchange information that isuseful for the control of illegal employment. If a vicious employer or broker who forces
trafficking victims to work illegally is found, the relevant administrative agencies will
carry out active control in cooperation to find the trafficking cases and release thevictims. Especially because many trafficking victims have been forced to work illegally
for adult entertainment businesses or sex-related amusement special businesses, thecontrol of illegal employment for such businesses will be strengthened.

3)

Promotion of active public relations and raising awareness for prevention of illegal
employment
Through the “Campaign for the Prevention of Illegal Working of Foreigners,” which has
been carried out June every year as the “month to raise awareness on issues involving
foreign workers,” the prevention of illegal employment will be promoted through the
distribution of leaflets to those employers who have employed foreigners or areplanning to employ foreigners. In addition, leaflets will be distributed to people nearstations to call for cooperation in the prevention of illegal employment.

(3)

Prevention of trafficking in persons for the purpose of labor exploitation

1)

Improvement of Technical Intern Training Programs by drastic revision
With regard to Technical Intern Training Program, given that unfair cases such as
unpaid wages and prolonged work have occurred, the programs will be drasticallyrevised to make them more suitable and ensure the purpose of international contribution,and the necessary bills will be submitted. In real terms, to reconsider drastically whatsupervision should be and to replace the existing programs with new programs during
FY2015, the following will be considered: Establishment of a domestic management system that is consistent as a whole by the6cooperation between the relevant government agencies
 Making agreements between the governments or ministries of the countries that send
technical interns, including the exclusion of inappropriate sending organizations
 Making it obligatory to appoint external directors or establish external auditing forsupervising organizations
 Establishment of organization for management and operation based on a newlegislation
In addition, efforts will be made to improve supervision by the government agencies
with jurisdiction over industries, and a system for smoothly sharing information on
problematic cases will be created by the establishment of regional conferences (tentativename) that consists of the relevant organizations.
2)

Provision of information on legal protection to foreign technical interns
In the course held before foreign technical interns carry out at implementing
organizations any activities to acquire skills, external lecturers with technicalknowledge who do not belong to any supervising organization or implementing
organizations give lectures about Japan’s labor-related laws and regulations and theimmigration control laws and regulations in order to fully inform them about legal
protection. In addition, “Technical Intern Trainee Handbook,” which specifies
information about contact points for consultation of the labor standards inspection
organizations, the Immigration Bureau, and other consultation offices, contact
information of each country’s embassy, and labor-related laws and regulations in
trainees’ native languages, are distributed at ports of entry in order to let them know
about contact points for consultation etc.

3)

Strict enforcement of labor standards-related laws and regulations
The Labor Standards Offices and other offices will make efforts to inform and enlighten
implementing organizations about labor standards-related laws. In addition, if an
implementing organization is suspected of having committed a violation of labor
standards-related laws and regulations, such as forced labor, they will give active
supervision or guidance. If the violation is confirmed, they will give correctional
guidance and confirm any corrections, such as payment of unpaid wages, in order tosecure sufficient working conditions and health and safety for technical interns. A
serious or vicious violation of the law will be strictly dealt with, such as sending thecase to public prosecutors.

(4)

Efforts to create a new system for further use of foreign human resources
The project for accepting foreign construction workers will begin as an urgent andtemporary measure for the 2020 Tokyo Olympics and Paralympics. In addition, theacceptance of “foreign housekeeping support workers” will progress in the National
Strategic Special Zones. Efforts will be made to carry out these projects appropriately.

(5)

Efforts against the demand side for trafficking in persons

1)

Raising awareness of the demand side for sexual exploitation

7

Awareness-raising of the demand side for sexual exploitation will be promoted throughpublicizing information about the fact that many trafficking victims are sexually
exploited through prostitution or the like.
2)

Raising awareness of employers
Efforts will be made to prevent employers from assisting trafficking in persons byraising their awareness of trafficking in persons and understand and comply with thelaws that regulate acts related to trafficking in persons through publicity and raisingawareness of employers in the adult entertainment business.
In addition, because one of the purposes of trafficking in persons is labor exploitation,
employers will be encouraged to understand and comply with laws that regulate acts
related to trafficking in persons through the activities to give information to them.

3.

Promotion of identification of trafficking victims

Because trafficking in persons is a highly latent crime, it is not easy to find the victims. In
addition, it has been pointed out that some victims have not recognized themselves as being
victimized or needing rescue. To arrest and eradicate traffickers and to protect trafficking
victims, it is first of all necessary to identify the victims without fail.
For this purpose, it is necessary to make sure the trafficking issue is well-known, facilitateclear identification of victims by persons who are engaged in measures against trafficking inpersons, and create an environment in which victims can easily report the damage they havesuffered.
(1)

Promotion of efforts based on “Measures for Identification of Victims”
Measures for identifying victims will be carried out appropriately in accordance withthe “Methods to Deal with Trafficking in Persons (Measures for Identification ofVictims)” agreed at the Inter-Ministerial Liaison Committee regarding measures tocombat trafficking in persons in June 2010 (see Annex 2).
Relevant government agencies will endeavor to cooperate with each other and deal witheach case appropriately, fully understanding the role and service of each contact point,
so that cases suspected as trafficking in persons cannot be missed at the contact points
through which women, children, and foreigners suffering from sexual or labor
exploitation can seek consultation or report damage or crime, including the following:
police counseling services, such as the telephone line exclusive for police consultation(#9110) and the anonymous report number; each regional immigration bureau; theConsultation Support Center for Foreign Residents; the human rights counselingservice; Labor Standards Offices; women’s consultation offices; and child guidance
centers.

(2)

Informing potential victims about agencies to which they can report the crime and themeasures for protecting them
Posters and leaflets will be prepared in multiple languages in order to encourage
potential victims to report the crime, and will be posted in immigration clearance areas,
food shops for foreigners, and other places conspicuous to trafficking victims. This will
be helpful for informing potential victims who do not acknowledge that they are being
victimized or unable to report the crime of the agencies to which they can make a report8

or consult with. In addition, efforts will be made to make the measures for protecting
victims well-known and encourage victims to report damage.
(3)

Strengthening of consultation in foreign languages
The Human Rights Organs of the Ministry of Justice respond to requests for counselingabout human-rights problems, including trafficking in persons, at the Legal Affairs
Bureaus and the District Legal Affairs Bureaus and their Branch Offices all over Japan.
They are planning to improve the “Human Rights Counseling Office for Foreign
nationals,” where interpreters of foreign languages, such as English and Chinese, havebeen stationed. In addition, the information on the interpreters stationed at these contact
points will be shared among the consultation agencies so that they can endeavor tocooperate with each other.

(4)

Cooperation with foreign embassies in Tokyo
Given that there are some cases where foreign victims of trafficking in persons consult
with embassies of their home countries, the Government of Japan will encourage theforeign embassies in Tokyo to establish a contact point which provide consultation
service with the victims and/or a 24-hour consultation hotline. In particular, theGovernment of Japan will strongly encourage the embassies of countries from where
many victims of trafficking in persons have been sent to Japan to create theabove-mentioned system.

(5)

Promotion of calling the attention of potential victims to trafficking in persons
through overseas diplomatic establishments
The government of Japan will call attention of potential victims to trafficking in persons,
who leave for Japan from countries which have sent many victims. Moreover, to make iteasier for them to report the crime after entering Japan, leaflets for victims will be
distributed through the Japanese overseas diplomatic establishments and local
government agencies in such countries.
In addition, leaflets will be distributed to visa applicants interviewed at an overseas
diplomatic establishment during the process of visa examination. If overseas diplomaticestablishments receive a visa application and issue a visa through accredited agencies,
the agencies will be requested to cooperate in calling the attention of latent trafficking
victims.

4.

Eradication of trafficking in persons

To eradicate trafficking in persons, it is necessary to exclude traffickers through the control of
trafficking in persons and carry out effective measures by clarifying the actual situation. It isalso necessary to actively deal with peripheral cases where trafficking in persons does notseem to be committed, but may exist latently, in order to discover human trafficking cases.
(1)

Thorough control

1)

Strengthening of cooperation among relevant administrative agencies by the Law
Enforcement Task Force against Trafficking in Persons

9The Law Enforcement Task Force against Trafficking in Persons, which was establishedin 2014 and consists of the National Police Agency, the Ministry of Justice, the Supreme
Public Prosecutors Office, the Ministry of Health, Labour and Welfare, and the Japan
Coast Guard, will share information about human trafficking cases and actively control
specific problematic cases through the cooperation of relevant government offices.
2)

Thorough control of trafficking in persons by use of the Handbook on Measures against
Trafficking in Persons
The staff of the police, the Immigration Bureau, the Public Prosecutors Office, theLabor Standards Inspection Office, and the Japan Coast Guard will share information on
cases that may fall under trafficking in persons for the purpose of sexual or labor
exploitation, effectively using the “Handbook on Measures against Trafficking in
Persons,” into which the above-mentioned task force has compiled the laws andregulations applicable to trafficking in persons, concrete cases of application, etc. Ifsuch a case is found, they will closely cooperate with each other as necessary forthorough control and to impose strict punishments on traffickers.

3)

Thorough control of prostitution
Strict control will be exerted over offenses related to trafficking in persons, such as
prostitution and adult entertainment-related offenses to find any trafficking in persons
cases, and efforts will be made to impose strict punishments on offenders related totrafficking in persons.

4)

Strict response to sexual exploitation of children
Based on the amendment of the Act on Regulation and Punishment of Activities
Relating to Child Prostitution and Child Pornography, and the Protection of Children
amended in June 2014, efforts will be made to control offenses related to childprostitution and child pornography more actively and appropriately including theapplication of punitive clauses for crimes committed outside of Japan, and to impose
punishment more strictly. In addition, efforts will be strengthened to prevent childprostitution and eliminate child pornography.

5)

Thorough control of vicious employers and brokers
Efforts will be made to enforce relevant laws and regulations without fail, including the
Act on Control and Improvement of Amusement Business, etc., the Immigration Control
and Refugee Recognition Act, and the Labor Standards Act. If an act that seems to fallunder trafficking in persons is found, the relevant administrative agencies will closelycooperate with each other to crack down on trafficking in persons and related offenses,
taking into consideration the arrest of vicious employers, brokers, and the like. In thiscase, efforts will be made to impose strict punishments on offenders of trafficking inpersons and related offenses, including the deprivation of crime proceeds.

(2)

Crime control across borders

1)

Strengthening of cooperation with relevant foreign organizations

10Based on necessities, through the International Criminal Police Organization (ICPO),
information on trafficking in persons, child prostitution, and child pornography will be
exchanged with investigative organizations in sending countries of trafficking victims or
countries where Japanese nationals are suspected to buy sex from children.
Cooperation in the investigation of crimes committed in Southeast Asia will be
expanded and strengthened at the “Conference of Investigators on Commercial Sexual
Exploitation of Children in Southeast Asia,” which the National Police Agency holdswith invited foreign investigative organizations mainly from the Southeast Asian
countries.
2)

Enhancement of international mutual legal assistance
When a foreign authority requests Japan a mutual legal assistance in accordance withinternational comity or a relevant agreement such as a mutual legal assistance treaty inprosecuting a Japanese national involved in a trafficking in person case in that foreigncountry, such as child prostitution or child pornography, Japan will actively provide
assistance pursuant to relevant domestic laws, such as the Act on International
Assistance in Investigation and Other Related Matters. Among others, consideration will
be given to the possibility of concluding a mutual legal assistance treaty with countries
with which Japan frequently gives and receives legal assistance.

5.

Protection and support of trafficking victims

Because trafficking victims might have suffered great mental or physical damage, it is first of
all necessary to secure their safety and take supportive measures based on their feelings andtheir position. In addition, effective measures will be taken through the utilization of existingsupport systems for victims of crime, women, children, and foreigners so that every victim canbe covered by protective and supportive measures.
(1)

Promotion of efforts based on “Measures for Protection of Victims”
Relevant administrative agencies will mutually cooperate to properly carry out themeasures for protection of victims pursuant to the “Methods to Deal with Trafficking in
Persons (Measures for Protection of Victims)” agreed at the Inter-Ministerial Liaison
Committee regarding measures to combat trafficking in persons in July 2011 (see Annex
3).
Moreover, efforts will be made to disseminate information about supportive andprotective measures that can be carried out for trafficking victims.

(2)

Strengthening of protection
With regard to the investigation and remedies carried out by the Human Rights Organsof the Ministry of Justice, efforts will be made to provide temporary protection totrafficking victims, including male victims, as an emergency measure.
In addition, during the revision of Technical Intern Training Program, consideration will
be given to strengthening the protection of technical interns suffering from an11infringement of human rights.
Consideration will also be given as to what mid- and long-term measures for protecting
victims should be, taking into consideration the actual situation.
(3)

Provision of support to victims

1)

Further improvement of temporary protection and assistance at women’s consultation
offices
Temporary protection and assistance for female trafficking victims will be improved at
women’s consultation offices. For example, if a female victim is a foreigner, support
will be given to her, respecting any religious or dietary requirements she may have.

2)

Provision of information to victims during the process of investigation
Efforts will be made to instruct victims plainly about the systems for protecting andsupporting them, such as systems concerning compensation for damages, systems forprotecting the victims of trafficking in persons or similar crimes, and the system
whereby victims can be sheltered when they appear in court as a witness. For example,a pamphlet for crime victims entitled “For Victims of Crime” explaining the systems
simply will be prepared and handed to them during any interview with them.

3)

Provision of legal support to victims and popularization of legal support
The Japan Legal Support Center will provide information in various languages, make its
service well-known, and give legal support concerning the following: when a trafficking
victim claims damages against the trafficker, if the victim has the address in Japan, stays
in Japan lawfully, and satisfies financial and other conditions, it is possible to use thecivil legal aid system; when the victim participation system is used for criminal
proceedings, travel and other expenses will be paid for court appearances; and if a
victim satisfies financial and other requirements, the victim can request the appointmentof a court-appointed attorney at law for victims.

4)

Support for Foreign victims’ voluntary repatriation and their social reintegration
To further facilitate the repatriation of foreign victims who want to return to theircountries, closer information exchange and cooperation will be promoted between theInternational Organization for Migration (IOM), their countries’ embassies in Tokyo,
women’s consultation offices and private shelters, etc. In addition, informationexchange in the relevant countries will be promoted so that their embassies canpromptly issue travel documents for returning to the home country.
The Government of Japan will improve further the voluntary repatriation and social
reintegration program for the foreign victims of trafficking in persons (conducted
through IOM). In cooperation with the embassies of their home countries in Tokyo, theirgovernments and NGOs, the most suitable supports will be provided for the victims’smooth return to their countries, their social reintegration after returning home, and theprevention of their re-victimization.

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6.

Establishment of foundations for promotion of measures against trafficking inpersons

To eradicate trafficking in persons, it is essential to increase people’s awareness of “We do
not tolerate trafficking in persons.” The Government will cooperate with international society
and take both integral and comprehensive measures. Moreover, if needed, the Government
will reconsider the measures to be taken, checking the status of the relevant administrative
agencies’ efforts.
(1)

Participation in international efforts

1)

Conclusion of the Trafficking in Persons Protocol
The Government of Japan will aim to conclude the “UN Convention against
Transnational Organized Crime,” which was approved by the Diet in May 2003, as soon
as possible. The Trafficking in Persons Protocol will be concluded immediately after theconclusion of the Convention.

2)

Strengthening of cooperation with other countries
Because most of the foreign victims of trafficking in persons identified in Japan arefrom Asia, cooperation on measures against trafficking in persons with Asian countries
will be further strengthened through the following measures. In addition, strengtheningof necessary cooperation will be considered, taking account of the situations of theirhome countries:(i)

The Government of Japan will provide supports to Southeast Asian countries
through official development assistance (ODA) in such fields as education about
trafficking in persons, care for victims, improvement of vocational ability, andimprovement of law enforcement ability. When providing support to thesecountries, the Government of Japan will cooperate with internationalorganizations, such as the United Nations Office on Drugs and Crime (UNODC)
and the International Organization for Migration (IOM), and NGOs, in order toreduce poverty, one of the backgrounds behind trafficking in persons. In addition,
cooperation will be given to these countries in their efforts to prevent trafficking
in persons and to provide support to the victims.

(ii)

The creation of bilateral cooperation, which makes it possible to exchange
information appropriately, and a framework for information exchange will bepromoted with the sending countries of victims. In addition, with regard to
Technical Intern Training Program, making arrangements with the governments(authorities) of the sending countries will also be promoted, including theexclusion of improper sending organizations.

(iii) The sharing of information about measures against trafficking in persons will bestrengthened further in the Asia-Pacific region through the Bali Process (process
of follow-up to the Ministerial Regional Conference on People Smuggling,
Trafficking in Persons and Related Transnational Crime in Bali).

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(iv) Through various kinds of training at the United Nations Asia and Far East Institutefor the Prevention of Crime and the Treatment of Offenders (UNAFEI) and theefforts made under the leadership of Japan, cooperation will be given to Asian
countries’ investigating authorities and officers in improving their ability to carryout measures against trafficking in persons.
(2)

Acquisition of people’s understanding and cooperation

1)

Further promotion of government public relations
The Government of Japan will consider sending information by the following methods
and making public relations more effectively in order to widely share awareness of the
problem through the supply of information to the people covering what is trafficking inpersons, and what is the actual situation.
(i)

The awareness-raising activities about trafficking in persons through the use of theInternet, such as the “Government Public Relations Online,” site will bestrengthened.

(ii)

During the “Domestic Violence Awareness Campaign” between November 12 and25 every year, public relations will be carried out in cooperation with local
governments and private organizations, etc. concerning the eradication of violenceagainst women, including trafficking in persons.

(iii) To carry out public relations widely, posters and leaflets prepared by the Cabinet
Offices for raising awareness about measures against trafficking in persons will beshared widely with relevant government agencies, local governments, andwomen’s associations, etc.
(iv) The National Police Agency will develop public relations software for theprevention of trafficking in persons. The software will be made available throughits website and people will be encouraged to use it.
(v)

The Human Rights Organs of the Ministry of Justice carry out awareness-raising
activities with the theme of respect for human rights of foreign nationals anderadication of trafficking in persons. As a part of these activities, organs willcontinue to make use of a human rights awareness booklet, which describes
Japan’s measures against trafficking in persons..

(vi) The panel and booklet into which the National Women’s Education Center
incorporated their researches and achievements between FY2010 to FY2012
concerning trafficking in persons will be published through its website in order towidely share information with people.
2)

Efforts through school education
The Ministry of Education, Culture, Sports, Science and Technology will make efforts
to promote education in order to develop respect for human rights through both school
education and social education. In addition, in accordance with its curriculum guidelines,
the Ministry will promote education that emphasizes respect for one’s own and others’

14

life.
3)

Raising awareness of associations of small and medium enterprises
The Ministry of Economy, Trade and Industry holds the “Conference on Guidance forTraining of Foreigners” in June every year in order to share information withassociations of small and medium enterprises (Japan Chamber of Commerce andIndustry, National Federation of Small Business Associations, Central Federation ofSocieties of Commerce and Industry, and the National Federation of Shopping Center
Promotion Associations) concerning the appropriate implementation of Technical Intern
Training Program and the Government’s efforts for the foreign workers, including
measures against trafficking in persons in cooperation with the relevant government
agencies in order to raise awareness of the issues relating foreign workers.

4)

Raising awareness of overseas travelers
The Japan Tourism Agency will continue to promote the raising of awareness among
travel companies to prevent them from being involved in unsound travels. The Ministryof Foreign Affairs will continue to inform the people so that they will not buy sex
overseas, by distributing the “A Handbook of Safety Tips in Foreign Countries” tooverseas travelers which shows cases where Japanese people have become “offenders”
due to prostitution.

(3)

Strengthening of the system for promoting measures against trafficking in persons

1)

Establishment of a ministerial-level meeting
To promote measures against trafficking in persons at a high level, the Government ofJapan will establish a ministerial-level meeting concerning measures against trafficking
in persons.

2)

Improvement of relevant administrative officers’ knowledge and awarenessTechnical and practical training in methods of identifying, protecting, and supporting
trafficking victims will be provided to relevant officers so that they can acquire theknowledge and skills necessary to promote measures for trafficking in persons andincrease their awareness. For example, lecturers will be invited from administrative
agencies related to trafficking in persons, IOM and other relevant organizations, and
NGOs.

3)

Promotion of cooperation and information exchange with relevant administrative
agencies
Information on trafficking in persons will be shared closely with relevant government
agencies and local administrative agencies, and cooperation will be strengthened in aseries of procedures from the identification of the victim to the protection of the victim.

4)

Cooperation with NGOs, IOM, etc.
Exchange of opinions between relevant government agencies and NGOs will continue.

15

In addition, cooperation with IOM and other relevant organizations will be fostered sothat the public and private sectors can promote measures for trafficking in persons as
one body.
5)Preparation of an annual report on trafficking in persons
An annual report will be prepared and published to show Japan’s efforts against
trafficking in persons, such as the implementation of measures against trafficking inpersons and the status of crackdown on trafficking cases. In addition, the annual reportwill be explained to foreign embassies in Tokyo to widely demonstrate Japan’s efforts tocarry out measures against trafficking in persons.
Moreover, during the preparation of the annual report, the latest situation on trafficking
in persons and the status of progress in each measure and its result will be checked andinspected. Whenever needed, the implementation of necessary additional measures will
be considered and the action plan will be reviewed.
(End)

16

ANNEX1

PurposeExplanation about how Japanese laws secure compliancewith the requirements of the UN Protocol against
Trafficking in Persons

Act

Penalty securing
compliance

Recruitment of
persons

Kidnapping by
1) "The purpose of exploitation of the prostitution of others
force for profit oror other forms of sexual exploitation" is within the scope ofindecency (Article
the purpose of "for profit" or "for indecency" under Article
225 of the Penal
225 of the Penal Code.
Code):
2) "Recruitment of persons" by means of "the threat or use
Imprisonment withof force or other forms of coercion" or "of the abuse ofwork for not lesspower or of a position of vulnerability" is within the scopethan 1 year but notof "kidnapping by force."
more than 10 years

Recruitment of
persons

Kidnapping by
1) In terms of the purpose, the above explanation applies.
enticement for2) "Recruitment of persons" by means of "abduction, of
profit or indecency
fraud, or of deception" is within the scope of "kidnapping(Article 225 of theby enticement."
Penal Code)

Recruitment of
persons

1) "The purpose of exploitation of the prostitution of others
or other forms of sexual exploitation" is within the scope of
the purpose of "for profit" or "for indecency" under Article
Buying of persons
226-2, paragraph (3) of the Penal Code.
for profit or2) "Recruitment of persons" by means of "the giving or
indecency (Article
receiving of payments or benefits to achieve the consent of
226-2, paragrapha person having control over another person" is within the(3) of the Penal
scope of "buying" under the same paragraph.
Code):* "Buying" means to actually receive delivery of the illegal
Imprisonment with
control of a person for a consideration. Such awork for not lessconsideration includes not only money, but also any otherthan 1 year but notproperty or goods. Receiving delivery of the control of amore than 10 years
person in exchange for exemption from paying former
obligations is also considered to be within the scope of"buying." The same applies hereinafter.

By means of the threat or use offorce or other forms of coercion

Transportation of
persons

Transportation of aperson who was
kidnapped forprofit or indecency(Article 227,
paragraph (3) ofthe Penal Code):
Imprisonment withwork not less than
6 months but not
more than 7 years

By means of the abuse of power
or of a position of vulnerability

1) "The purpose of the exploitation of the prostitution ofDelivery of aothers or other forms of sexual exploitation" is within the
person who wasscope of the purpose of "for profit" or "for indecency"
kidnapped forunder Article 227 paragraph (3) of the Penal Code.
profit or indecency
Transfer of persons(Article 227,
paragraph (3) of
2) As "transportation", "transfer", "harbouring" andthe Criminal"receipt" of a person are assumed to be done naturally after
Code)the "recruitment" of such person, there is no problem if theMeans

By means of the threat or use offorce or other forms of coercion

By means of the abuse of power
or of a position of vulnerability

By means of abduction, offraud, or of deception

By means of the giving or
receiving of payments or
benefits to achieve the consent
of a person having control overanother person

For the purpose of
exploitation of theprostitution of others
or other forms ofsexual exploitation

subject of the above acts is limited to the person who is so
Harbouring of a
recruited. Therefore, these acts are within the scope of
person who was"transportation", "delivery", "harbouring" and "receipt" of a
kidnapped for
person who was kidnapped by force or by enticement or
profit or indecency
sold under the same paragraph.
(Article 227,
paragraph (3) ofthe Penal Code)

By means of abduction, offraud, or of deception

Harbouring of
persons

By means of the giving or
receiving of payments or
benefits to achieve the consent
of a person having control overanother person

Receipt of aperson who was
kidnapped for
Receipt of persons profit or indecency(Article 227,
paragraph (3) ofthe Penal Code)Purpose

Means

Penalty securing
compliance

Recruitment of
persons

1) "Purpose of forced labour or services, slavery orpractices similar to slavery or servitude" is within the scopeof the purpose of "for profit" under Article 225 of the Penal
Kidnapping by
Code.
force for profit(Article 225 of the 2) "Recruitment of persons" by means of "the threat or use
of force or other forms of coercion" or "of the abuse of
Penal Code)power or of a position of vulnerability" is within the scopeof "kidnapping by force."

Recruitment of
persons

Kidnapping by
1) In terms of the purpose, the above explanation applies.
enticement for2) "Recruitment of persons" by means of "abduction, of
profit (Article 225 fraud, or of deception" is within the scope of "kidnappingof the Penal Code) by enticement."

By means of the threat or use offorce or other forms of coercion

By means of the abuse of power
or of a position of vulnerability

By means of abduction, offraud, or of deception

By means of the giving or
receiving of payments or
benefits to achieve the consent
of a person having control overanother person

For the purpose offorced labour orservices, slavery orpractices similar toslavery or servitude

Explanation about how Japanese laws secure compliancewith the requirements of the UN Protocol against
Trafficking in Persons

Act1) "Purpose of forced labour or service, slavery or practices
similar to slavery or servitude" is within the scope of the
purpose of "for profit" under Article 226-2, paragraph (3)of the Penal Code.
2) "Recruitment of persons" by means of "the giving or
receiving of payments or benefits to achieve the consent ofa person having control over another person" is within thescope of "buying" under the same paragraph.

Recruitment of
persons

Buying of humanbeings for profit(Article 226-2,
paragraph (3) ofthe Penal Code)

By means of the threat or use offorce or other forms of coercion

Transportation of
persons

Transportation of aperson who was
kidnapped by force
for profit (Article
227, paragraph (3)of the Penal Code)

By means of the abuse of power
or of a position of vulnerability

Delivery of aperson who was
kidnapped by force 1) "The purpose of forced labour or services, slavery orTransfer of persons
for profit (Article practices similar to slavery or servitude" is within the scope
227, paragraph (3) of the purpose "for profit" under Article 227, paragraph (3)of the Penal Code) of the Penal Code.
2) As "transportation", "transfer", "harbouring" and"receipt" of a person are assumed to be done naturally afterthe "recruitment" of such a person, there is no problem if
Harbouring of athe subject of the above acts is limited to the person who is
person who was
so recruited. Therefore, these acts are within the scope ofkidnapped by force "transportation", "delivery", "harbouring" and "receipt" of afor profit (Article person who was kidnapped by force or by enticement or
227, paragraph (3) sold under the same paragraph.
of the Penal Code)

By means of abduction, offraud, or of deception

Harbouring of
persons

By means of the giving or
receiving of payments or
benefits to achieve the consent
of a person having control overanother person

Receipt of aperson who was
kidnapped by force
Receipt of persons
for profit (Article
227, paragraph (3)of the Penal Code)Purpose

Means

Penalty securing
compliance

Recruitment of
persons

Kidnapping by
1) "The purpose of the removal of organs" is within theforce for thescope of the purpose of "threatening the life or body" under
purpose of
Article 225 of the Penal Code.
threatening the life 2) "Recruitment of persons" by means of "the threat or use
or body (Articleof force or other forms of coercion" or "of the abuse of
225 of the Penal
power or of a position of vulnerability" is within the scopeCode)of "kidnapping by force."

Recruitment of
persons

Kidnapping byenticement for the1) In terms of the purpose, the above explanation applies.
purpose of2) "Recruitment of persons" by means of "abduction, of
threatening the life
fraud, or of deception" is within the scope of "kidnapping
or body (Article
by enticement."
225 of the Penal
Code)

Recruitment of
persons

Buying of a person 1) "The purpose of the removal of organs" is within thefor the purpose of scope of the purpose of "threatening the life or body"threatening the life under Article 226-2, paragraph (3) of the Penal Code.
or body (Article
2) "Recruitment of persons" by means of "the giving or
226-2, paragraph receiving of payments or benefits to achieve the consent of(3) of the Penala person having control over another person" is within theCode)scope of "buying" under the same paragraph.

Transportation of
persons

Transportation of aperson who was
kidnapped by force
for the purpose of
threatening the life
or body (Article
227, paragraph (3)of the Penal Code)

By means of the threat or use offorce or other forms of coercion

By means of the abuse of power
or of a position of vulnerability

By means of abduction, offraud, or of deception

By means of the giving or
receiving of payments or
benefits to achieve the consent
of a person having control overanother person

By means of the threat or use offorce or other forms of coercion
For the purpose of theremoval of organs

By means of the abuse of power
or of a position of vulnerability

By means of abduction, offraud, or of deception

By means of the giving or
receiving of payments or
benefits to achieve the consent
of a person having control overanother person

Explanation about how Japanese laws secure compliancewith the requirements of the UN Protocol against
Trafficking in Persons

Act

Delivery of aperson who was
kidnapped for the
purpose of
Transfer of persons
threatening the life
or body (Article 1) "The purpose of the removal of organs" is within the227, paragraph (3) scope of the purpose of "threatening the life or body" underof the Penal Code) Article 227, paragraph (3) of the Penal Code.
2) As "transportation", "transfer", "harbouring" and"receipt" of a person are assumed to be done naturally afterthe "recruitment" of such person, there is no problem if the
Harbouring of a
subject of the above acts is limited to the person who is so
person who wasrecruited. Therefore, these acts are within the scope ofkidnapped by force "transportation", "delivery", "harbouring" and "receipt" of a
Harbouring offor the purpose of person who was kidnapped by force or by enticement or
persons
threatening the life sold under the same paragraph.
or body (Article
227, paragraph (3)of the Penal Code)

Receipt of aperson who was
kidnapped for the
purpose of
Receipt of persons
threatening the life
or body (Article
227, paragraph (3)of the Penal Code)Purpose

Penalty securing
compliance

Recruitment of children

Act of keeping achild under one's
control (Article 34,
paragraph (1), item(ix) and Article 60,
paragraph (2) of
the Child Welfare
Act):
Imprisonment withwork for not morethan 3 years or afine of not morethan 1,000,000
yen, or by
cumulative
imposition of both
penalties

Transportation of a child1) The three purposes under the UN Protocol against
Trafficking in Persons are, respectively, within the scope of
Act of keeping a the "intent of causing a child to commit an act making anchild under one's impact that is mentally and physically harmful to the child"control (Article 34, under Article 34, paragraph (2), item (ix) of the Childparagraph (1), item Welfare Act.
(ix) and Article 60, 2) Item (ix) does not limit the means so that it satisfies theparagraph (2) of
requirements of the UN Protocol against Trafficking in
the Child Welfare Persons.
Act)3) "Recruitment", "transportation", "harbouring" and"receipt" are within the scope of the "act of keeping a childunder one's control".

Harbouring of a child

Act of keeping achild under one's
control (Article 34,
paragraph (1), item(ix) and Article 60,
paragraph (2) of
the Child Welfare
Act)

Receipt of a child

Act of keeping achild under one's
control (Article 34,
paragraph (1), item(ix) and Article 60,
paragraph (2) of
the Child Welfare
Act)

Transfer of a child

Act of keeping a"Transfer", which is assumed to accompany the "act ofchild under one's
keeping a child under one's control", is within the scope ofcontrol (Article 34,
Article 34, paragraph (1), item (ix) of the Child Welfare
paragraph (1), item
Act and is also within the scope of item (vii) of the same(ix) and Article 60,
paragraph. That is to say,paragraph (2) of
1) The provision of Article 34, paragraph (1), item (vii) of
the Child Welfare
the Child Welfare Act does not require a specific purpose
Act), act ofand therefore satisfies the requirements of the UN Protocoldelivery of a childagainst Trafficking in Persons(Article 34,2) The provision of such an item does not limit the means
paragraph (1), item
and therefore satisfies the requirements of the UN Protocol(vii), Article 60,
against Trafficking in Persons
paragraph (2) of
3) "Transfer" is within the scope of "deliver" under such an
the Child Welfare
item.
Act)

For the purpose of
exploitation of theprostitution of others
or other forms ofsexual exploitation

For the purpose offorced labour orservices, slavery orpractices similar toslavery or servitude

For the purpose of theremoval of organs

Explanation about how Japanese laws secure compliancewith the requirements of the UN Protocol against
Trafficking in Persons

ActAnnex 2
Methods to Deal with Trafficking in Persons (Measures for Identification of Victims)
June 23, 2010
Agreement at the Inter-Ministerial Liaison
Committee
regarding measures to combat trafficking in persons
Trafficking in persons is a grave violation of human rights and also needs a prompt andaccurate response from the humanitarian viewpoint. This is because trafficking in persons
causes serious mental and physical pain to victims and it is very difficult to recover from thedamage.
It has been pointed that methods of trafficking in persons have recently become shrewder andmore latent. For example, brokers have victims acquire a status of residence that allows
unlimited employment through fake marriages. Therefore, the relevant administrative
agencies need to understand latent cases of trafficking in persons more actively to promote
their eradication and the appropriate protection of victims. For this purpose, it is important for
employees of the relevant agencies who are likely to be first in contact with such cases tounderstand the trafficking problem fully and deal appropriately with those persons who may
be victims.
Based on the above and the Japan’s 2009 Action Plan of Measures to Combat Trafficking in
Persons (Decision at the Ministerial Meeting Concerning Measures Against Crime on
December 22, 2009), with regard to the identification of victims among the methods to deal
with trafficking in persons, we arranged the definition of trafficking in persons, the points ofattention for the identification of victims based on the definition, and the measures to be takenby the relevant administrative agencies. We compiled these into the “Methods to Deal with
Trafficking in Persons (Measures for Identification of Victims)” which is described in theattached paper as a reference for the activities of the relevant agencies and groups who are
engaged in measures against trafficking in persons.
The relevant government agencies should take necessary measures for carrying out thematters specified in the attached paper effectively; for example, by fully informing theemployees of these matters. To protect as many trafficking victims as possible, if the relevant
government agencies identify the persons who may be victims, they should then takemeasures to protect them as widely as possible. In addition, even if persons who first seem tobe trafficking victims are found not to be trafficking victims, they should be treated in fullconsideration of their situation and their human rights.
The attached paper has been prepared to encourage the relevant agencies to treat trafficking
victims appropriately and make the treatment proper all over Japan through the sharing ofunderstanding, based on measures that the relevant government agencies are carrying out toprotect trafficking victims under the current legal system. To promote the identification of
trafficking victims further and protect them appropriately, under the Japan’s 2009 Action Planof Measures to Combat Trafficking in Persons, the relevant government agencies should
promote the improvement of measures for encouraging victims to come forward and makereports to and seek consultation from the relevant government agencies. They also should
promote the systematic arrangement of methods to deal with trafficking in persons, includingthe proper methods of response and procedures after finding any persons who may be victims,
and the improvement of measures for protecting victims. In addition, based on the above, theattached paper should be reviewed whenever needed.

Attached Paper
Methods to Deal with Trafficking in Persons (Measures for Identification of Victims)
1.

The definition of trafficking in persons and points of attention for the identification of
victims

Article 3 of the “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention against Transnational
Organized Crime” defines trafficking in persons as follows:
Article 3(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer,harbouring or receipt of persons, by means of the threat or use of force or other formsof coercion, of abduction, of fraud, of deception, of the abuse of power or of aposition of vulnerability or of the giving or receiving of payments or benefits toachieve the consent of a person having control over another person, for the purposeof exploitation. Exploitation shall include, at a minimum, the exploitation of theprostitution of others or other forms of sexual exploitation, forced labour or services,slavery or practices similar to slavery, servitude or the removal of organs;(b) The consent of a victim of trafficking in persons to the intended exploitation set forthin subparagraph (a) of this article shall be irrelevant where any of the means set forthin subparagraph (a) have been used;(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the
purpose of exploitation shall be considered “trafficking in persons” even if this does
not involve any of the means set forth in subparagraph (a) of this article;(d) “Child” shall mean any person under eighteen years of age.
To identify trafficking victims according to this definition, it is necessary to pay attention towhether a person falls under the following points:(1) Perpetrator’s actions
Whether the person was subjected to recruitment, transportation, transfer, harbouring(providing the person with a place that prevented him or her from being discovered) or
receipt?
(Note) Any of these actions will suffice; it is unnecessary for the person to be subjected to
all the actions. This applies to (2) and (3) below. As is clear from the definition, a wider
range of actions fall under trafficking in persons than the actions to which the buying or
selling of human being as provided in Article 226-2 of the Penal Code is applicable.
(2) Means
Whether were actions carried out in (1) by any of the following methods?
• The threat or use of force or other form of coercion(Note) “Force” means the use of tangible power toward another person’s body, “otherform of coercion” means any act that controls another person’s will without using
physical power toward the other person’s body. “The threat of force or other form of

coercion” means notification to the effect that such force or coercion will be exerted tothe other person.
• Abduction, fraud, deception (telling a lie to make the other person commit a mistake,or coaxing the other person to make the other person misjudge)• The abuse of power or of a position of vulnerability (using a legal or de facto position,such as a hierarchical relationship in an organization or a parent-child relationship, ora difference in position with the victim in order to exert tangible power unlawfully or
give a notification of harm, freely controlling the victim, who has to obey thevictimizer)• The giving or receiving of payments or benefits to achieve the consent of a person
having control over another person (including debt relief and exchange with property)(3) Purpose
Whether the actions in (1) were carried out for the purpose of exploitation? Exploitation
includes at least the following:• Sexual exploitation by forced prostitution etc. ((1) gaining property benefits foroneself or others by having others prostitute themselves or force sexual intercourse etc.
other than prostitution; or (2) forcing, or having another person force, sexualintercourse etc. with the subject against the subject’s will)(Note) “Sexual intercourse etc.” means not only sexual intercourse but also somethingsimilar to sexual intercourse, touching sexual organs, or having another person touch
them; sexual intercourse etc. other than prostitution including that with specificpersons and that without consideration.
• Provision of forced labor or service (forcing labor or service against the laborer’s willby violence, threat, confinement, or any other unfair restriction of mental or physicalfreedom)(Note) For the purpose herein, labor or service means that which generally demands
the payment of a consideration in light of common sense.
• Slavery or practices similar to slavery, servitude (being fully subordinate to anotherperson and provide labor or any other service at the other person’s disposal)• The removal of organs (removal of the heart, lung, any other internal organ, or eyeballfor the purpose of profit or threat to the life or body)(4) Other matters that require consideration• If any of the means specified in (2) are used, whether the victim has given consent to
the exploitation as the purpose of (3) does not matter.
• If the subject is a child (a person under the age of 18), the subject is deemed to be atrafficking victim even if any of the means specified in (2) are not used.
2.

Everyday measures

Each administrative agency should carry out necessary everyday measures, such as thefollowing, to facilitate mutual cooperation among the relevant agencies if the agency
identifies a trafficking victim or a person who may be a trafficking victim:
1) Confirm contact points of the agencies related to measures against trafficking in persons
and when an official in charge of contact is replaced, notify the relevant agencies

immediately.
2) Inform any employees likely to come into contact with trafficking victims and related
persons of the points of attention for the identification of trafficking victims and themeasures to be taken in case of identifying of a person who may be a trafficking victim.
Each administrative agency is required to respond to trafficking in persons as specified in the
Annex.
3.

Response at each contact point(1) Full consideration should be given to consulters’ privacy at each of the contact points of
the relevant agencies, such as the police, the Immigration Bureau, the Regional Legal
Affairs Bureaus, the women’s consultation offices, the child guidance centers, the Labor
Standards Offices, and the Head Office of the Ministry of Foreign Affairs. For example,
if a foreigner seeks consultation, a response should be made in the foreigner’s mothertongue; if a woman seeks consultation, a female employee should respond. In this way,efforts should be made to identify and fully understand the trafficking victims bycreating circumstances where consulters can seek consultation at ease.
(2) When the contact point of a relevant agency receives a request for consultation about
criminal damage, an infringement of a foreigner’s human rights, or trouble in daily life,
if the existence of a trafficking victim can be inferred through a comprehensive
judgment about what the consulter said, measures should be taken to protect thetrafficking victim through cooperation among the relevant agencies as described in (3)and thereafter.
(3) If the consulter is judged to be a trafficking victim or a person who may be a trafficking
victim, the protection of the person should be considered. If needed, a prompt report or
notification should be given to the police, the Immigration Bureau, the Japan Coast
Guard, a women’s consultation office (only if the consulter is a woman; this applies
hereinafter) or a child guidance center (only if the consulter is a child; this applies
hereinafter) for expert judgment and mutual cooperation. In this case, information
should be shared fully among the relevant agencies to smoothly protect the trafficking
victim.
(4) When a report or notification is given to the police, the Immigration Bureau, the Japan
Coast Guard, a women’s consultation office, or a child guidance center, if the reporter ora notifier is a trafficking victim, they should cooperate with each other to protect thevictim and endeavor to find latent trafficking victims as soon as possible to ensure theirsafety. In this case, these relevant agencies should share information and pay attention
not to cause any discrepancy among their response.
(5) If a trafficking victim is protected by a private shelter, the relevant agencies should pay
careful attention to prevent the whereabouts of the victim from being located, resulting
in a physical threat to the victim.
4.

Discovery of victims during the control process(1) When the police, the Immigration Bureau, the Japan Coast Guard, the Labor Standards
Offices, etc. deal with illegal immigration, illegal stays, moral offenses, prostitution,child prostitution, child pornography, or foreigners’ violation of the Labor Standards Act,
they should make efforts to discover trafficking victims as soon as possible, taking into
consideration the possibility that trafficking victims may exist. For this purpose, theyshould create circumstances where victims can report any damage at ease. For example,
foreigners should be treated in their mother tongue, and women should be treated byfemale employees.
(2) If the offender or a relevant person is judged to be a trafficking victim or a person who
may be a trafficking victim, the protection of the person should be considered and theirintention should be taken into consideration. If needed, a prompt report or notification
should be given to the police, the Immigration Bureau, the Japan Coast Guard, awomen’s consultation office, and a child guidance center, all of which should thencooperate with each other to deal with the person. In this case, information should beshared fully among the relevant agencies to smoothly protect the trafficking victim.
(3) When a report or notification is given to the police, the Immigration Bureau, the Japan
Coast Guard, a women’s consultation office, or a child guidance center, if the reporter or
notifier is a trafficking victim, they should cooperate with each other to protect thevictim and endeavor to find latent trafficking victims as soon as possible to ensure theirsafety. In this case, these relevant agencies should share information and pay attention
not to cause any discrepancy among their response.
5.

Dealing with newly identified victims

If a trafficking victim is found at a contact point or during the control process, and theexistence of other victims becomes clear from information gained from the protected victim
and any related persons, the relevant administrative agencies should cooperate to deal withthis promptly in accordance with the procedures specified in 3 or 4 above.

AnnexEach Administrative Agency’s Response to Cases of Trafficking in Persons<Police>• Response at each contact point
If the police receives a request for consultation or protection from a trafficking victim or a
related person through a police station or police box, they should positively andappropriately respond to the request.
• Discovery of a victim during the control process
Efforts should be made to discover trafficking in persons during the process of controllingthe violation of laws and regulations.
• Protection of victims
When a trafficking victim is identified, the police should notify or report to the
Immigration Bureau, a women’s consultation office, etc. and cooperate with them to takeappropriate measures for protecting the victim, if needed.
• Ensuring the safety of victims
To ensure the safety of victims and prevent or reduce secondary damage, the police should
consider how to respond to victims’ requests for consultation and where interviews withthem should be held.
• Consideration for position as victims
The police should inform victims of the protection measures, give them a full explanation
about special permission to stay in Japan and other legal procedures, and explain to them
about how they will investigate the case to the extent that is possible. In addition, if an
offense committed by the victim was incidental to trafficking in persons as part of thedamage from the trafficking, then the police should endeavor to give their full attention to
the position of the victim when carrying out the measures, taking into consideration thestatus of the investigation thereafter.
<Japan Coast Guard>• Response at each contact point
If the Japan Coast Guard receives a request for consultation or protection from a trafficking
victim or a related person, it should positively and appropriately respond to the request.
• Discovery of a victim during the control process
Efforts should be made to discover trafficking in persons during the process of controllingthe violation of laws and regulations.
• Protection of victims
When a trafficking victim is identified, the Japan Coast Guard should notify or report tothe police, Immigration Bureau, a women’s consultation office, etc. and cooperate withthem to take appropriate measures for protecting the victim, if needed.
• Ensuring the safety of victims

To ensure the safety of victims and prevent or reduce secondary damage, the Japan Coast
Guard should respond to victims’ requests for consultation and consider where interviews
with them should be held.
• Consideration for position as victims
The Japan Coast Guard should inform victims of the protection measures, give them a full
explanation about special permission to stay in Japan and other legal procedures, andexplain to them about how they will investigate the case to the extent that is possible. In
addition, if an offense committed by the victim was incidental to trafficking in persons aspart of the damage from the trafficking, then the Japan Coast Guard should endeavor togive their full attention to the victim when carrying out these measures, taking into
consideration the status of the investigation thereafter.
<Public Prosecutors Office>• Response at each contact point
If a District Public Prosecutors Office receives a request for consultation or protection froma trafficking victim or a related person, it should positively and appropriately respond to
the request.
• Discovery of a victim during the control process
Efforts should be made to discover trafficking in persons during the process of controllingthe violation of laws and regulations.
• Protection of victims
When a trafficking victim is identified, because the victim is highly likely to be harmed bya violent employer, broker, et al., the Public Prosecutors Office should notify the police andthe Immigration Bureau and cooperate with relevant administrative agencies to takeappropriate measures for protecting the victim, if needed.
• Ensuring the safety of victims
To ensure the safety of victims and prevent or reduce secondary damage, the Public
Prosecutors Office should respond to victims’ requests for consultation, consider whereinterviews with them should be held, supply information under the Vistim Notification
System, and endeavor to carry out procedures that give consideration for the trafficking
victims’ position and feelings, such as measures for screening victims during trial
proceedings and the use of a video link when interviewing witnesses.
• Consideration for position as victims
The Public Prosecutors Office should inform victims of the protection measures, give thema full explanation about special permission to stay in Japan and other legal procedures, andexplain to them about how they will investigate the case to the extent that is possible. In
addition, if an offense committed by the victim was incidental to trafficking in persons aspart of the damage from the trafficking, then the Public Prosecutors Office should endeavor
to give their full attention to the position of the victim when carrying out these measures,
taking into consideration the status of the investigation thereafter.
<Immigration Bureau>• Response at each contact pointIf the Immigration Bureau receives a request for consultation or protection from a
trafficking victim or a related person, it should positively and appropriately respond to therequest.
• Discovery of a victim during the control process
Efforts should be made to discover trafficking in persons during the process of controllingthe violation of the Immigration Control Act.
• Protection and support of victims
When a trafficking victim is identified, the Immigration Bureau should notify or report tothe police, a women’s consultation office, etc. and cooperate with them to take appropriate
measures for protecting the victim, if needed. In addition, it should endeavor to ensure
cooperation with the foreign embassies in Japan and IOM(International Organization for Migration) and seek cooperation to carry out protective
measures, such as the issuance of visas for victims.
• Ensuring the safety of victims
To ensure the safety of victims and prevent or reduce secondary damage, the Immigration
Bureau should respond to victims’ requests for consultation and consider where interviews
with them should be held.
• Consideration for position as victims
The Immigration Bureau should inform victims of the protection measures and give them afull explanation about special permission to stay in Japan and other legal procedures.
• Stabilization of the legal status of victims
If the victim is lawfully staying in Japan, taking the victim’s position into fullconsideration, and based on the victim’s wishes, the Immigration Bureau should permit arenewal of the period of stay or a change in the status of residence. If the victim isunlawfully staying in Japan due to a violation of the Immigration Control Act, theImmigration Bureau should give special permission to stay in Japan to stabilize the legal
status of the victim.
<Women’s consultation office/Child guidance center>• Response at each contact point
If a women’s consultation office or a child guidance center receives a request for
consultation or protection from a trafficking victim or a related person, it should positively
and appropriately respond to the request.
• Protection of victims
When a women’s consultation office or a child guidance center receives a relevant
administrative agency’s request for the protection of a trafficking victim or identifies a
trafficking victim, because the victim is highly likely to be harmed by a violent employer,
broker, et al., the women’s consultation office or the child guidance center should explain
to the victim about the role of each relevant agency and, if needed, notify the police andthe Immigration Bureau after gaining consent regarding the need for notification. In
addition, it should take appropriate protective measures in cooperation with the relevant
administrative agencies.

• Women’s consultation office’s protection and support
A women’s consultation office should endeavor to ensure cooperation with the relevant
administrative agencies, foreign embassies in Tokyo, IOM, and NGOs to supply clothing,food, and residence to female victims, establish a night guard system, and improve support
for the protected victims according to their conditions. If the victim is a child, the women’s
consultation office should cooperate with a child guidance center to take appropriate
protective measures, if needed. In addition, if a private shelter is likely to give more
appropriate protection, the women’s consultation office should temporarily entrust
protection to the private shelter.
<Labor-related administrative agencies>• Response at each contact point
If a Labor Standards Inspection Office or other labor-related administrative agency
receives a request for consultation or protection from a trafficking victim or a related
person, it should positively and appropriately respond to the request.
• Discovery of a victim during the control process
Efforts should be made to discover trafficking in persons during the process of controlling
foreigners’ violation of the Labor Standards Act.
• Protection of victims
When a labor-related administrative agency identifies a trafficking victim, because thevictim is highly likely to be harmed by a violent employer, broker, et al., the agency should
notify the police and the Immigration Bureau and cooperate with relevant administrative
agencies to take appropriate measures for protecting the victim, if needed.
<Other relevant administrative agencies>• Response at each contact point
If a request for consultation or protection is given from a trafficking victim or a related
person at a contact point, an agency should positively and appropriately respond to therequest.
• Protection of victims
When an agency identifies a trafficking victim, because the victim is highly likely to beharmed by a violent employer, broker, et al., the agency should notify the police and the
Immigration Bureau and cooperate with relevant administrative agencies to takeappropriate measures for protecting the victim, if needed.

Reference

Flowchart for the Protection of Trafficking Victims
PoliceJapan Coast
Guard

Public Prosecutors
Office

Women’s consultation
officeChild guidance center

Immigration
BureauLabor administrative
agencyMinistry ofForeign Affairs

Ministry ofJustice

General consultation
service for foreigners

Administrative bodysuch as municipality

Identification

Request for consultation or protection at a contact point

Identification of a victim (or a person who may be a victim)
Report or notification to relevant administrative agencies
Mutual cooperation to identify the victim

Control of violation of laws and regulations

Control ofviolation of laws
and regulations

Identification of a victim (or a person who may be a victim)

Identification ofa victim (or aperson who may
be a victim)

Notification
Report or notification to relevant
administrative agencies

Report or notification to relevant
administrative agencies

Mutual cooperation to identify the victim
Notification
Protection
Shelter
provision/support(Woman, child)

Cooperation (entrustment)

Shelter
provision/support(Private shelter)

Dispatch of acaseworker

Ensuring the safety of a victim
Consideration for the position as a victim
Stabilization oflegal status
Support for
returning home

Safetyconfirmation

Safetyconfirmation

Safetyconfirmation

Support for
returning homeAnnex 3
Methods to Deal with Trafficking in Persons (Measures for Protection of Victims)
July 1, 2011
Agreement at the Inter-Ministerial Liaison
Committee regarding measures to combat
trafficking in persons
Trafficking in persons is a grave violation of human rights and also needs a prompt andaccurate response from the humanitarian viewpoint. This is because trafficking in persons
causes serious mental and physical pains to victims and it is very difficult to recover fromthe damage.
It has been pointed that methods of trafficking in persons have recently become shrewder
and more latent. For example, brokers have victims acquire resident’s status with nolimitation of work through fake marriages. Therefore, the relevant administrative
agencies need to understand latent cases of trafficking in persons more actively topromote their eradication and the appropriate protection of victims.
With regard to the identification of trafficking victims, the relevant government agencies
agreed on the “Methods to Deal with Trafficking in Persons (Measures for Identificationof Victims)” on June 23, 2010. Then, based on the Japan’s 2009 Action Plan of Measures
to Combat Trafficking in Persons (Decision at the Ministerial Meeting Concerning
Measures Against Crime on December 22, 2009), with regard to the protection of victims
among the methods to deal with trafficking in persons, recently arranged the points ofattention for the protection of trafficking victims and the measures to be taken by therelevant administrative agencies and compiled the “Methods to Deal with Trafficking in
Persons (Measures for Protection of Victims)” as described in the attached paper as areference for the activities of the relevant administrative agencies and groups who are
engaged in measures against trafficking in persons.
The relevant government agencies should take necessary measures for carrying out thematters specified in the attached paper effectively; for example, by fully informing theemployees of these matters. To protect as many trafficking victims as possible, if therelevant administrative agencies identify persons who may be victims, they should takemeasures to protect them as widely as possible. In addition, even if persons who firstseem to be trafficking victims are found not to be trafficking victims, they should betreated in full consideration of their situation and their human rights.

Annex
Methods to Deal with Trafficking in Persons (Measures for Identification of Victims)
1.

Points of attention for the protection of victims

To protect trafficking victims appropriately, it is necessary to pay attention to thefollowing:(1)

Ensuring the safety of victims
Because victims are highly likely to be harmed by a violent employer, broker, et al.,it is necessary to ensure their safety and prevent or reduce secondary damage.

(2)

Consideration for position as victims
A full explanation should be given to the victims about the facilities for protecting
them. If an offense committed by a victim was incidental to trafficking in persons
as part of the damage from the trafficking, it is necessary to endeavor to give full
attention to the position of the victim when carrying out the measures, taking into
consideration the status of the investigation thereafter.

(3)

Stabilization of the legal status of victims
To give priority to the protection of victims, it is necessary to stabilize their legal
status, taking their position into full consideration, and based on their wishes.

(4)

Consideration for victims’ mid- and long-term stay in Japan
Because a victim’s stay in Japan will be prolonged for a medium or long time dueto their cooperation in criminal proceedings, divorce proceedings in the case of a
false marriage, or a safety problem in their home country, and because a differencein language or lifestyle, group living, and behavioral restrictions will become aburden on the victims, it is necessary to give counseling and other support, taking
their wishes into consideration.

2.

Everyday measures

Each administrative agency should carry out the necessary everyday measures, such as
the following, to facilitate mutual cooperation among relevant agencies if the agency

identifies a trafficking victim, or a person who may be a trafficking victim, or protects a
trafficking victim:
1) Each administrative agency should unify their contact points for measures against
trafficking in persons, appoint an official in charge, and establish a system thatmakes it possible to receive reports from other prefectures’ relevant administrative
agencies.
2) Each administrative agency should confirm the relevant administrative agencies’
contact points and when an official in charge of contact is replaced, immediately
notify the relevant agencies.
3) Each administrative agency should hold liaison meetings to share information on
trafficking in persons, deepen their understanding about other administrative
agencies’ operations, and share understanding about concrete outlines of measures
for the protection of trafficking victims.
4) Each administrative agency should inform the employees likely to come into
contact with trafficking victims and other related persons of the points of attention
for the identification and protection of trafficking victims, and the measures to betaken in the case of identification of a person who may be a trafficking victim andthe measures for protecting victims.
3.

Measures for protecting victims(1) At each of the contact points of the relevant administrative agencies, such as thepolice, the Immigration Bureau, the Legal Affairs Bureaus, women’s consultation
offices, child guidance centers, the Labor Standards Offices, and the Head Officeof the Ministry of Foreign Affairs, if the consulter is judged to be a trafficking
victim or a person who may be a trafficking victim, the protection of the person
should be considered. If needed, a prompt report or notification should be given to
the police, the Immigration Bureau, the Japan Coast Guard, a women’s consultation
office (only if the consulter is a woman; this applies hereinafter) or a child guidance
center (only if the consulter is a child; this applies hereinafter) for expert judgment
and mutual cooperation. In this case, information should be shared fully among therelevant agencies to smoothly protect the trafficking victim.
(2) When a report or notification is given to the police, the Immigration Bureau, theJapan Coast Guard, a women’s consultation office, or a child guidance center, if thereporter or notifier is a trafficking victim, they should cooperate with each other toprotect the victim and endeavor to find latent trafficking victims as soon as possible
to secure their safety. If needed, these relevant agencies should hold a liaison
meeting to share information and prospects for the period needed for protection andshould pay attention not to cause any discrepancy among their response.
(3) If a trafficking victim is protected by a private shelter, the relevant agencies should
pay careful attention to prevent the whereabouts of the victim from being located,
resulting in a physical threat to the victim. In addition, thorough measures should
be carried out to ensure the safety of the victim. For example, if the victim goes out,
the victim should be accompanied by an employee of the relevant administrative
agency.
(4) When a relevant administrative agency protects a trafficking victim, the agency
should wipe away their sense of unease. For example, if the victim is a foreigner,
the agency should treat the victim in their mother tongue; if the victim is a woman,a female employee should treat the victim. In addition, if a person is identified as atrafficking victim, the agency should inform the victim of the protection measures,give a full explanation to the victim about special permission to stay in Japan andother legal procedures, and explain the victim about how the agency will investigate
the case to the extent that is possible.
(5) If the protection period for a victim is expected to be prolonged for a medium orlong time due to criminal procedures, the investigative organization should give thevictim and the relevant administrative agency protecting the victim a full
explanation about the criminal procedures and prospects for the investigation to theextent that is possible to reduce the victim’s mental burden.
(6) When the investigative organization carries out criminal procedures for a trafficking
victim, such as an interview with the victim, to ensure the safety of the victim andto prevent or reduce secondary damage, the investigative organization should
respond to the victim’s requests for consultation, consider where the interview
should be held, have Victim Support Officers accompany the victim to the court,
supply information under the Victim Notification System, and endeavor to carryout procedures that give due consideration for the victim’s position and feelings,
such as measures for screening victims during trial proceedings and the use of avideo link for interviewing witnesses. If the investigative organization interviews avictim that is protected by a women’s consultation office, the investigative
organization should fully coordinate with the relevant administrative agency
beforehand concerning the time, method, and other details of the interview.
(7) If the offense committed by a victim was incidental to trafficking in persons as partof the damage from the trafficking, the investigative organization should endeavor
to give full attention to the position of the victim when carrying out the measures,
taking into consideration the status of the investigation thereafter.
(8) If a victim is lawfully staying in Japan, taking the victim’s position into fullconsideration, and based on the victim’s wishes, the Immigration Bureau should
permit a renewal of the period of stay or a change in the status of residence. If thevictim is unlawfully staying in Japan due to a violation of the Immigration Control
Act, the Immigration Bureau should give special permission to stay in Japan tostabilize the legal status of the victim. In addition, women’s consultation offices andthe like should endeavor to reduce victims’ mental burdens, for example, by having
someone accompany victims during any procedures, if needed.
(9) Women’s consultation offices should endeavor to cooperate with the police, theImmigration Bureau, other relevant administrative agencies, foreign embassies inTokyo, IOM (International Organization for Migration) and NGOs to protect female
trafficking victims temporarily, irrespective of nationality or age, and support themduring protection according to their conditions, including the following: theprovision of clothing, food, and residence; consideration for their living rooms andbathing; consideration for food; establishment of a night guard system; appointmentof necessary interpreters; provision of counseling, medical care, and the like; andprovision of information about the legal assistance for victims. In the case of a childvictim, the child guidance center should give the victim mental care and treatment.
For example, if needed, it should have a child psychologist interview the victim andhave a doctor diagnose the victim. If high-level expertise is needed, the childguidance center should cooperate with a specialized medical institution.
(10) If a victim cannot return to the home country, the Immigration Bureau should givethe victim a status of residence which allows employment if the need arises,
respecting the victim’s intention and comprehensively taking into consideration thevictim’s situation. If a victim is given a status of residence that allows employment
in Japan, the relevant administrative agencies should support the victim’s
employment if the need arises, taking into consideration the victim’s wish for
employment.