Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Japon (Ratification: 1932)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the amendments in 2005 to the Penal Code and to immigration laws criminalize the act of buying and selling of persons, raises the penalty of imprisonment to seven years and provides for ten years of imprisonment in the case of human trafficking for commercial purposes. The Committee also noted the measures taken under the 2014 Action Plan to Combat Trafficking in Persons in the areas of prevention, the protection of victims and the prosecution of offenders. The Government indicated that, in 2014, 33 persons were arrested for the crime of trafficking, 27 of whom were prosecuted. Eight persons are awaiting trial, 13 have been handed down prison sentences of from 14 months to four-and-a-half years, five have been fined and one acquitted. Moreover, the Immigration Bureau provided protection to 30 victims between 2012 and 2014. The Committee further noted that, in its concluding observations of 2014, the United Nations Human Rights Committee appreciated the efforts made by Japan to address trafficking in persons but remained concerned about the low number of prison sentences imposed on perpetrators.

The Committee notes the Government’s information in its report that it has taken various measures to ensure the implementation of the Action Plan. In March 2017, joint enforcement was carried out by the National Police Agency, the Ministry of Justice and the Ministry of Health, Labour and Welfare, targeting crimes pertaining to trafficking in persons with strengthened protection and support to victims. Training was also provided to law enforcement officials and other relevant governmental officials, including those from the National Police Agency, the Immigration Bureau, the coastguard, the Ministry of Foreign Affairs and the Ministry of Health, Labour and Welfare. According to the annual reports on the implementation of the 2014 Action Plan, in 2015, 54 victims of trafficking were taken into protective custody, while in 2016, the number was 50. Japanese victims were mostly deceived into prostitution, while foreign victims were often subjected to labour exploitation through falsified information on the type of work and remuneration. Moreover, in 2015, 42 suspects involved in 44 cases were arrested, of which 20 were found guilty and five were pending trial; while in 2016, 46 suspects were arrested, of which 33 were found guilty and ten were still pending trial as of 31 March 2017. The Government indicates that, pursuant to relevant provisions of the Penal Code, trafficking-related crimes are punishable by imprisonment of at least four years and that those provisions do not provide for fines as penalties. However, according to the detailed information provided by the Government, the perpetrators concerned received penalties of imprisonment of up to three years, mostly with a period of probation, and in some cases only fines, for violations of Acts related to immigration control, entertainment business management, prostitution and child protection, among others. The Committee reminds the Government that, when sanctions envisaged or imposed consist of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive, by virtue of Article 25 of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 319). The Committee therefore requests the Government to indicate the measures taken to raise awareness and strengthen the capacities of the authorities responsible for enforcing the law to ensure that sufficiently dissuasive and effective penalties are applied to perpetrators of trafficking for both labour and sexual exploitation. The Committee also requests the Government to continue providing information on the measures taken and the results achieved regarding the implementation of the 2014 Action Plan to Combat Trafficking in Persons, including a copy of annual reports prepared in this regard.