Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Forced Labour Convention, 1930 (No. 29) - Japan (Ratification: 1932)

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Observation

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The Committee notes the joint observations of the Federation of Korean Trade Unions (FKTU) and the Korean Confederation of Trade Unions (KCTU) received on 20 September 2019; the observations of the Labour Union of Migrant Workers (LUM) received on 28 September 2021 and 28 September 2022, as well as the Government replies to these observations. It also notes the observations of the Japan Business Federation (NIPPON KEIDANREN) and the Japanese Trade Union Confederation (JTUC-RENGO) communicated by the Government with its reports.

Articles 1(1), 2(1) and 25 of the Convention. 1. Technical Intern Training Programme. The Committee previously noted that labour rights violations amounting to forced labour were found within the Technical Intern Training Programme, under which foreign nationals could enter Japan as “interns” for one year and remain for another two years as “technical interns”.

The Committee notes that, in its observations, the LUM indicates that the number of technical intern trainees in Japan was estimated at 276,123 as at the end of 2021, which represents a decrease of 100,000 trainees from previous years due to the immigration restrictions enforced during the pandemic. The Committee notes that, in their respective observations, the LUM and the JTUC-RENGO highlight that, in 2021, violations of labour law provisions were still found in 70 per cent of enterprises participating in the Technical Intern Training Programme inspected, mainly as a result of non-compliance with safety standards, long working hours and unpaid wages, a percentage that remains almost unchanged since 2015. The LUM adds that, in 2022, 1,974 cases of non-compliance with safety standards were detected, out of which only 0.5 per cent were sent to prosecutors. The LUM highlights that, according to a report from the Ministry of Justice, there were 199 deaths of trainees between 2018 and 2021, of which 33 per cent were caused by disease, 35 per cent by accident and 13 per cent by suicide. In its observations, the JTUC-RENGO further indicates that approximately 20 per cent of cases of unknown whereabouts or deaths of technical trainees that occurred between April and September of 2019 had not resulted in an on-site inspection being performed within six months of the occurrence of the event, with a risk of the dissipation of objective materials leading to the event. The JTUC-RENGO recommends increasing the frequency of on-site inspections and strengthening initial responses in case of violations, such as by the suspension of licences for supervising organizations and the revocation of accreditation of technical intern training plans for implementing organizations.

The Committee notes that the Government acknowledges, in its report, the persistence of several issues in relation to the implementation of the Technical Intern Training Programme. The Government indicates that several measures have been implemented in order to ensure appropriate working conditions and the safety and health of trainees, such as: (i) the review in February 2022 of the Operational Guidelines for the Technical Intern Training Programme, which sets out the necessary measures to be taken by supervising organizations and implementing organizations in order to ensure the proper and smooth operation of the programme; (ii) the handing of the Technical Intern Trainee Handbook containing information on relevant regulations and support services to all trainees at the time of their entry to Japan; (iii) the establishment of consultation services in trainees’ native languages and, since April 2021, of a Technical Intern Training SOS/Urgent Consultation Counter to respond to particularly urgent cases, such as assault and intimidation, and quickly identify cases of human rights violations; (iv) support for changing training sites in case of human rights violations, and the provision of appropriate protection to interns with temporary accommodation; (v) the strengthening of the human resources of the Organization for Technical Intern Training (OTIT) with 587 staff members as of 31 March 2020; and (v) the conclusion of memoranda of cooperation with 14 countries of origin, as of 31 March 2021.

The Committee further notes the Government’s indication that the OTIT regularly conducts on-site inspections of implementing and supervising organizations based on the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees, 2016, and, also, upon the occurrence of fatal accidents with a view to preserving materials related to the cause of death. The Government states that, from April 2020 to March 2021, 20,671 on-site inspections were carried out by the OTIT and violations were observed in 63.4 per cent of the inspections, mainly regarding poor accommodation facilities, inappropriate payment of remuneration, inadequate notifications and reports and inadequate preparation and keeping of books and documents. The Government adds that, in 2021, the Labour Standards Inspectorate provided supervision guidance to 9,036 workplaces where violations of labour laws were initially identified, issued corrective recommendations to 6,556 workplaces where violations were confirmed, and referred 25 cases to the Public Prosecutor’s Office. The Government adds that, in 2021, the prefectural labour offices, the Labour Standards Inspectorate and the OTIT jointly conducted inspections and investigations in 37 implementing organizations suspected, inter alia, of forced labour under the Technical Intern Training Programme, and corrective recommendations were issued in 30 cases.

Moreover, the Committee notes the Government’s indication that the Advisory Panel of Experts for the Ideal Form of the Technical Intern Training Programme and Specified Skilled Worker System was set up under the auspices of the Ministerial Conference on Acceptance of and Coexistence with Foreign Nationals to review the implementation of the programme, identify issues and discuss ways to properly accept foreign workers. The Advisory Panel submitted an interim report to the Minister of Justice in May 2023, which suggests abolishing the current Technical Intern Training Programme and establishing a new programme because of the discrepancy between the current programme’s objective and the reality. The Advisory Panel pointed out that the guidance, supervision and support provided by supervising organizations and the OTIT are currently insufficient in several aspects. In that regard, the Government states that it will consider constructively dissolving the current Technical Intern Training Programme and establishing a new programme based on the Advisory Panel’s further discussions in the future. More particularly, several measures are currently under consideration, such as: (i) allowing trainees to change employers while keeping some restrictions; (ii) providing assistance to foreign workers so that they can acquire the necessary language skills before they start working in Japan; (iii) raising the capability level of supervising organizations and supporting recipient companies and trainees by making eligibility requirements for supervising organizations stricter from the perspective of preventing and eliminating human rights abuses; and (iv) reorganizing the operating structure of the OTIT.

The Committee takes due note of this information. The Committee notes that in their observations, the NIPPON KEIDANREN and the JTUC-RENGO highlight that any new system should not be merely a name change, but a fundamental reform of the current system in order to adequately protect migrant workers’ rights. As regards the Special Skilled Worker visa programme, established in 2018, the JTUC-RENGO indicates that it has received several inquiries regarding the programme, similar to those received regarding the Technical Intern Training Programme, in particular relating to wages, working hours and harassment. The JTUC-RENGO therefore also recommends undertaking an effective review of the Special Skilled Worker visa programme, together with the establishment of a new system for technical interns, in order to avoid creating the same vulnerabilities to labour abuses. In the view of the JTUC-RENGO, the Government should also foster a multicultural environment, including through a national debate on the acceptance of migrant workers.

The Committee takes due note of the efforts made by the Government but notes with concern the persistence of labour rights violations and abusive working conditions of technical training interns that could amount to forced labour. The Committee urges the Government to continue to take all necessary measures to ensure that technical training interns are adequately protected, including through capacity-building activities for law enforcement officers, effective inspection activities at receiving entities and accessible channels to report abusive situations, as well as prompt responses to such reports. The Committee requests the Government to provide information on the recommendations made in that regard by the Advisory Panel of Experts for the Ideal Form of the Technical Intern Training Programme and Specified Skilled Worker System in its final report, as well as on any follow-up actions implemented by the Government. The Committee further requests the Government to continue to provide information on the number and nature of the violations of the rights of technical training interns reported, the number of cases that have led to prosecutions and convictions, with an indication of the situations that gave rise to these convictions.

2. Wartime sexual slavery and industrial forced labour. The Committee recalls that it has been examining the issue of sexual slavery (so called “comfort women”) and industrial forced labour during the Second World War since 1995. It notes that, in their joint observations, the FKTU and the KCTU refer to a decision handed down on 30 October 2018 by the Supreme Court of the Republic of Korea that required two Japanese companies to pay compensation to Korean victims subjected to forced labour during the Japanese occupation of Korea (Case No. 2013 Da 61381). The FKTU and the KCTU add that it is estimated that at least 800,000 Koreans were mobilized into forced labour and conscription at that time, and that there is an urgent need for the Government of Japan and involved companies to provide a comprehensive range of measures to respect and restore the victims’ rights, whose number continues to decline with the passing years. The Committee notes the Government’s statement that, in its view, the decision from the Supreme Court clearly violates the 1965 Agreement concluded between Japan and the Republic of Korea which settled such issues.

In this regard, the Committee notes that, in March 2023, the Government of the Republic of Korea proposed a third-party compensation scheme for South Korean victims of forced labour during the Japanese occupation of Korea to be funded by voluntary contributions from the private sector of South Korea. The Japanese Government states that it officially welcomed the announced measures.

As regards the issue of “comfort women”, the Committee notes the Government’s repeated statement that it has no intention of denying or trivializing the issue. The Government adds that it dealt sincerely with issues of reparations, property and claims pertaining to the Second World War, including the “comfort women” issue, under the San Francisco Peace Treaty and other bilateral instruments, such as the 1965 and 2015 Agreements concluded with the Republic of Korea. In that context, the Government indicates that it cooperated to establish the Asian Women’s Fund (AWF), dissolved in 2007, which gave atonement money from private sector donations to 285 women, and contributed to the Reconciliation and Healing Foundation established by the Republic of Korea which provided financial support to 35 of the 47 former “comfort women” who were alive at the time of the 2015 Agreement, and to the bereaved families of 64 of the 199 former “comfort women” who were deceased at the time. It adds that, in 2018, the Republic of Korea unilaterally announced the dissolution of the Foundation. The Government indicates that, since 2018, Japanese courts have not dealt with any new case relating to “comfort women” or former civilian workers from the Republic of Korea.

Recalling that several wartime victims refused to accept the arrangements under the 2015 Agreement, the Committee notes with concern that no concrete measures have been taken since 2018 by the Government to resolve the issues of “comfort women” and industrial forced labour during the Second World War. It further notes that, in its 2022 concluding observations, the United Nations Human Rights Committee also regretted that the Government had made no progress and continued to deny its obligation to address the continuing violations of the victims’ human rights and the lack of effective remedies and full reparation to all victims of past human rights violations (CCPR/C/JPN/CO/7, 30 November 2022). Given the seriousness and long-standing nature of the case, the Committee urges the Government to make every effort to achieve reconciliation with the surviving victims, in particular those who have refused to accept the 2015 Agreement, and to ensure that adequate measures are taken, without further delay, to respond to the expectations and achieve resolution of the claims made by the aged surviving victims of wartime industrial forced labour and military sexual slavery, the number of whom is continuing to decline with the passing years.

The Committee is raising other matters in a request addressed directly to the Government.