Trafficking in Japan
    As the US State Department reported in their 2004 and 2005 'Trafficking in Persons Report', "Japan is a destination country for a large number of Asian, Latin American, and Eastern European women and children who are trafficked for the purpose of sexual exploitation. There have also been cases of Asian and Latin American men trafficked to Japan for criminal, labor and/or commercial sexual purposes. Japanese organized crime groups (yakuza) that operate internationally are involved in trafficking. The Government of Japan does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so."

    The present forms of trafficking in women, including children, in particular, were already recognized by NGOs, mass media and definitely the government agencies since late 1980's. However, the Government of Japan neither took effective measures to penalize traffickers such as brokers, or to make efforts to protect victims of trafficking. Instead, the victims were usually treated as 'criminals' for violating the Immigration Control and Refugee Recognition Act (overstaying) and/or the Anti-Prostitution Law (solicitation). They were deported to their own countries without having been provided an opportunity to seek justice and rehabilitation.

Measures taken by the Government
    In response to the growing concerns and criticisms from international and local communities, including UN human rights bodies, USA, NGOs, the Japanese Government finally started to take serious measures in order to prevent and eliminate trafficking just in the past few years.

    In April 2004, the Government of Japan established an Inter-Ministerial Liaison Committee (Task Force) regarding measures to combat trafficking in persons. In December 2004, the Government adopted the 'Japan's Action Plan of Measures to Combat Trafficking in Persons' after dispatching the Inter-Ministerial Delegation to the Philippines and Thailand, and conducting a series of hearings in order to share opinions with local and overseas institutions concerned and NGOs.

    The Action Plan, in principal, covers comprehensive scope with regards to combat trafficking, consisting of three main aspects ; I. Importance of Measures to Combat Trafficking in Persons, II. Through Understanding of the Current Situation of Trafficking in Persons, III. General and Comprehensive Measures to Combat Trafficking in Persons.
    In 16 June 2005, the parliament approved legislation to revise the Penal Code and Immigration Act for the purpose of punishing those involved in human trafficking, and granting victims special residency status to protect them even if they have overstayed. The laws became effective on 12 July 2005.
    Under the revised Penal Code, those who purchase a person and put him or her under their control would face three months to five years in prison. The maximum punishment would be increased to seven years if the victim is a child.
    In cases of human trafficking for profits or sexual purposes, the prison term would span from one year to 10 years.
    Under the revised Immigration Act, trafficking victims would be permitted to stay in Japan for the meantime at the discretion of the Justice Minister, before returning to their countries.
    During the stay, they will be asked to cooperate with the Japanese police in investigations, including by explaining how they had entered the country.
    Foreign nationals who are found to be involved in trafficking will be deported under the revised Immigration Act.
    Those who have provided forged travel documents to others with the intention of sending them to Japan would face a prison term of up to three years or a fine of up to 3 million yen.

    When it comes to a law to protect and assist the victims, the Government has no intention to legislate it which stipulates the necessary and effective measures. The Government's Action Plan concretely elaborates as a means of the protection of victims of trafficking in persons as follows. (1) Recognition of victims, (2) Provision of shelters, (3) Counseling and consultation activities, etc., (4) Handling of victims who have sought shelter at police boxes, etc., (5) Handling of status of residence of victims, (6) Assurance of the safety of victims, (7) Repatriation assistance to victims

    While the Government says that they will implement measures mentioned above, it has no legal binding, in addition to the problem of insufficient budget allocated.

The Challenges to overcome the remaining problems to protect the victims, which are advocated by NGOs, such as Japan Network against Trafficking in Persons (JNATIP)
1. To Stabilize the Legal Status of the Victims
    With a view to provide protection and rehabilitate the victims, the special permission for residence based on the revised Immigration Act should not be recognized at the discretion of the Justice Minister. Instead, the recognition of residence status should be considered as a right in order for victims to seek justice. Consequently, a trafficking victim recognition system must be established which will grant not only temporary stay in Japan but also 'Long Term Residence' status.

2. Protection and Support

 a. To establish a specialized facility

    In order to provide effective protection and support for the victims, the Government should establish a facility 'Human Trafficking Victims Support Center (tentative name)' which has means and programs for protection and counseling. In order to maintain and function the facility, the Government should provide necessary fund to employ professional staff.
    Shelters for the trafficking victims run by the civil sector have been playing a vital role since 1980's and early 1990's, even though they have been facing many difficulties, including lack of fund and staff who understand native languages of the victims. In order to collaborate between the Government and civil sector, the Government should provide financial assistance.

 b. To Enact a Law for Protection and Support of the Trafficking Victims

    While prevention and criminalization of trafficking were legislated, protection and support of the trafficking victims has no legal background. In order to ensure it, the legal binding must be necessary.

3. Issue of Demand Side
    The scale of sex industry in Japan is so huge. It is often said that Japan's sex industry is a 10 trillion Japanese Yen industry (US$ 90 billion). The trafficking is closely related to this huge demand of the sex industry. This issue is also crucial in eliminating human trafficking. How to decrease or suppress the demand ?