翻訳されていませんので原文、日本に関する報告２段階
JAPAN (Tier 2)
Japan is a destination, source, and transit country formen, women, and children subjected to forced labor andsex trafficking. Male and female migrant workers from China, Indonesia, the Philippines, Vietnam, and otherAsian countries are sometimes subject to conditions offorced labor. Some women and children from East Asia,Southeast Asia, and in previous years, Eastern Europe,Russia, South America, and Latin America who travelto Japan for employment or fraudulent marriage are forced into prostitution. During the reporting period,there was a growth in trafficking of Japanese nationals,including foreign-born children of Japanese citizens whoacquired nationality. In addition, traffickers continued to use fraudulent marriages between foreign women and Japanese men to facilitate the entry of these women into Japan for forced prostitution. Government and NGO sources report that there was an increase in the number of children identified as victims of trafficking. Japanese organized crime syndicates (the Yakuza) are believed to play a significant role in trafficking in Japan, both directly and indirectly. Traffickers strictly control the movements of victims, using debt bondage, threats of violence or deportation, blackmail, and other coercive psychological methods to control victims. Victims of forced prostitution
sometimes face debts upon commencement of their contracts as high as $50,000 and most are required to pay employers additional fees for living expenses, medical care, and other necessities, leaving them predisposed to debt bondage. “Fines” for misbehavior added to their original debt, and the process that brothel operators used to calculate these debts was not transparent. Some of the victims identified during the reporting period were forced to work in exploitative conditions in strip clubs and hostess bars, but were reportedly not forced to have sex with clients. Japan is also a transit country for persons trafficked from East Asia to North America. Japanese men continue to be a significant source of demand for child sex tourism in Southeast Asia.
Although the Government of Japan has not officially recognized the existence of forced labor within the Industrial Trainee and Technical Internship Program (the“foreign trainee program”), the media and NGOs continue to report abuses including debt bondage, restrictions on movement, unpaid wages and overtime, fraud, and contracting workers out to different employers – elements which contribute to situations of trafficking. The majority of trainees are Chinese nationals who pay fees of more than $1,400 to Chinese brokers to apply for the program and deposits – which are now illegal – of up to $4,000 and a lien on their home. An NGO survey of Chinese trainees in Japan, conducted in late 2010, found that workers’deposits are regularly seized by the brokers if they report mistreatment or attempt to leave the program. Some trainees also reported having their passports and other travel documents taken from them and their movements controlled to prevent escape or communication.
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. Although Japan provided a modest grant to IOM for the repatriation of foreign victims identified in Japan, the government’s resources dedicated specifically to assist victims of trafficking were low, particularly relative to Japan’s wealth and the size of its trafficking problem. During the year,the government published a manual for law enforcement and judicial officers on identifying trafficking victims and developed a Public Awareness Roadmap to increase prevention of trafficking in Japan. The government also reported some efforts to punish and prevent trafficking of women for forced prostitution. Nonetheless, the government made inadequate efforts to address abuses in the foreign trainee program despite credible reports of mistreatment of foreign workers. Although the government took some steps to reduce practices that increase the vulnerability of these workers to forced labor, the government reported poor law enforcement against forced labor crimes and did not identify or provide protection to any victims of forced labor. In addition, Japan’s victim protection structure for forced prostitution remains weak given the lack of services dedicated specifically to victims of trafficking.
Recommendations for Japan: Dedicate more government resources to anti-trafficking efforts, including dedicatedlaw enforcement units, trafficking-specific shelters, and legal aid for victims of trafficking; consider drafting and enacting a comprehensive anti-trafficking law prohibiting all forms of trafficking and prescribing sufficiently stringentpenalties; significantly increase efforts to investigate,prosecute, and assign sufficiently stringent jail sentences to acts of forced labor, including within the foreign trainee program, and ensure that abuses reported to labor offices are referred to criminal authorities for investigation; enforce bans on deposits, punishment agreements,withholding of passports, and other practices that contribute to forced labor in the foreign trainee program; continue to increase efforts to enforce laws and stringently punish perpetrators of forced prostitution; make greater efforts to proactively investigate and, where warranted, punish government complicity in trafficking or traffickingrelated offenses; further expand and implement formal victim identification procedures and train personnel who have contact with individuals arrested for prostitution,foreign trainees, or other migrants on the use of these procedures to identify a greater number of trafficking victims; ensure that victims are not punished for unlawful acts committed as a direct result of being trafficked; establish protection policies for all victims of trafficking,including male victims and victims of forced labor; ensure that protection services, including medical and legal services, are fully accessible to victims of trafficking by making them free and actively informing victims of their availability; and more aggressively investigate and, where warranted, prosecute and punish Japanese nationals who engage in child sex tourism.
Prosecution
The Japanese government took modest, but overall inadequate, steps to enforce laws against trafficking during the reporting period; while the government reportedly increased its law enforcement efforts against forced prostitution, it did not report any efforts to address forced labor. Japan does not have a comprehensive anti-trafficking law, but Japan’s 2005 amendment to its criminal code, which prohibits the buying and selling of persons, and a variety of other criminal code articles and laws, could be used to prosecute some trafficking offenses. However,it is unclear if the existing legal framework is sufficiently comprehensive to criminalize allsevere forms of trafficking in persons. These laws prescribe punishments ranging from one to 10 years’ imprisonment, which are sufficiently stringent and generally commensurate with penalties prescribed for other serious crimes. During the reporting period, the government reported 19 investigations for offenses reported to be related to trafficking, resulting in the arrest of 24 individuals under a variety of laws, including immigration and anti-prostitution statutes.
Given the incomplete nature of the government’s data, itis not clear how many of these involve actual trafficking offenses. The government convicted 14 individuals of various trafficking-related offenses, though most were convicted under statutes other than those for human trafficking crimes. Of these 14 convicted offenders, six received non-suspended jail sentences ranging from 2.5 to 4.5 years plus fines, six received suspended jail sentences of approximately one to two years plus fines, and one was ordered to only pay a fine. Ten cases were not prosecuted for lack of evidence. These law enforcement efforts against sex forms of trafficking are an increase from the five convictions reported last year. The National Police Agency
(NPA), Ministry of Justice, Bureau of Immigration, and the Public Prosecutor’s office regularly trained officers on trafficking investigation and prosecution techniques, including training programs conducted by IOM and NGOs. In July 2010, the government distributed a 10-page manual to assist law enforcement, judicial and other government officers in identifying and investigating trafficking offenses and implementing victim protection measures. Nonetheless, Japan made inadequate efforts to criminally investigate and punish acts of forced labor. Article 5 of Japan’s Labor Standards Law prohibits forced labor and prescribes a penalty of one to 10 years’ imprisonment or a fine ranging from $2,400 to $36,000, but is generally limited to acts committed by the employer. A July 2010 government ordinance bans the practices of requiring deposits from applicants to the foreign trainee program and imposing fines for misbehavior or early termination.
Despite the availability of these prohibitions, however, authorities failed to arrest, prosecute, convict, or sentence to jail any individual for forced labor or other illegal practices contributing to forced labor in the foreign trainee program. The government investigated only three cases of suspected forced labor during the reporting period. Most cases of abuse taking place under the foreign trainee program are settled out of court or through administrative or civil hearings, resulting in penalties which are not sufficiently stringent or reflective of the heinous nature of the crime, such as fines. For example, in November 2010, the Labor Standards Office determined that a 31-year-old Chinese trainee officially died due to overwork; although he had worked over 80 hours per week for 12 months preceding his death without full compensation, the company received only a $6,000 fine as punishment and no individual was sentenced to imprisonment or otherwise held criminally responsible for his death. In addition, the government failed to address government complicity in trafficking offenses. Although corruption remains a serious concern in the large and socially accepted entertainment industry in Japan, which includes the prostitution industry, the government did not report investigations, arrests, prosecutions, convictions, or jail sentences against any official for trafficking relatedcomplicity during the reporting period.
Protection
The Government of Japan identified more victims of sex trafficking than last year, but its overall efforts to protect victims of trafficking, particularly victims of forced labor,remained weak. During the reporting period, 43 victims of trafficking for sexual purposes were identified, including a male victim – an increase from the 17 victims reported last year, though similar to the number identified in 2008 (37),and lower than the number of victims identified in each of the years from 2005 to 2007. Japanese authorities produced a manual entitled, “How to Treat Human Trafficking Cases: Measures Regarding the Identification of Victims” that was distributed to government agencies in July 2010 to identify victims of trafficking. The manual’s focus,however, appears to be primarily on identifying the immigration status of foreign migrants and their methods of entering Japan, rather than identifying indicators of nonconsensual exploitation of the migrants. It is also unclear if this manual led to the identification of any victims and whether it was used widely throughout the country. Some victimswere reportedly arrested or detained before authoritiesidentified them as trafficking victims. Japan failed to identify any victims of forced labor during the reporting period despite ample evidence that many workers in the foreign trainee program face abuses indicative of forced labor. The government has no specific protection policy for victims of forced labor and it has never identified a victim of labor trafficking. Moreover, services provided to identified victims of trafficking for forced prostitution were inadequate. Japan continues to lack dedicated shelters for victims of trafficking. Of the identified victims, 32 received care at government shelters for domestic violence victims – Women’s Consulting Centers (WCCs) – but these victims reportedly faced restrictions on movement outside of these multi-purpose shelters, and inadequate services inside them. Due to limitations on these shelters’ space and language capabilities, WCCs sometimes referred victims to government-subsidized NGO shelters. For instance, due to the government’s continued lack of protection services for male victims of trafficking, the one male victim identified during the reporting period received services at an NGO shelter. IOM provided protection to 20 foreign victims of trafficking during the reporting period with government funding. Although the government paid for victims’psychological services and related interpretation costs in the WCC shelters, some victims at NGO shelters did not receive this care. A government program exists to pay for all medical services incurred while a victim resides at the WCC, but the system for administering these services is not well organized and, as a result, some victims of trafficking did not receive all available care. The government-funded Legal Support Center provides pro bono legal services to destitute victims of crime, including trafficking victims, but information about available service was not always provided to victims in the government and NGO shelters. If a victim is a child, the WCC works with a local Child Guidance Center to provide shelter and services to the victim; the government reported that one victim was assisted in this manner during the reporting period. Furthermore, while authorities reported encouraging victims’ participation in the investigation and prosecution of their traffickers, victims were not provided with any incentives for participation, such as the ability to work or otherwise generate income. In addition, the relative confinement of the WCC shelters and the inability of victims to work led most victims to seek repatriation. A long-term residency visa is available to persons identified as trafficking victims who fear returning to their home country, but only one person has ever applied for or received this benefit.
Prevention
The Japanese government made limited efforts to prevent trafficking in persons during the reporting period. The Inter-ministerial Liaison Committee continued to meet, chaired by the cabinet secretary, and agreed on a “Public Awareness Roadmap” and released posters and distributed brochures aimed at raising awareness of trafficking. More than 33,000 posters and 50,000 leaflets were distributed to local governments, police stations, community centers, universities, immigration offices, and airports. NGOs, however, reported that this campaign had little effect and failed to reach the consumers of commercial sexual services. The Immigration Bureau conducted an online campaign to raise awareness of trafficking and used flyers to encourage local immigration offices to be alert for indications of trafficking. In July 2010, the government amended the rules of the foreign trainee program to allow first-year participants access to the Labor Standards Office and to ban the use of deposits and penalties for misbehavior or early termination, in order to prevent conditions of forced labor within this program and provide increased legal redress to participants of the program. The government did not report its efforts to enforce the ban on deposits and it is unclear whether the new rules contributed to a reduction in the number of cases of misconduct committed by the organizations that receive the interns. NGO sources report that brokers have instructed participants to deny the existence of these deposits or“punishment agreements” to Japanese authorities. The
government continued to fund a number of anti-trafficking projects around the world. For years, a significant number of Japanese men have traveled to other Asian countries, particularly the Philippines, Cambodia, and Thailand, to engage in sex with children. Japan has the legal authority to prosecute Japanese nationals who engage in child sex tourism abroad and arrested one man under this law in February 2011; a total of eight persons have been convicted under this law since2002. Japan is not a party to the 2000 UN TIP Protocol.
これに関しての記事
日本は「人身売買根絶の最低基準満たさない国」
読売
米国務省は２７日、世界各国の人身売買の実態をまとめた年次報告書を発表、
この中で日本について、外国人研修生制度に人身売買に近い実態が見られるなどとし、７年連続で「人身売買根絶の最低基準を満たさない国」（４段階中の上から２番目）に分類した。
報告書は、中国や東南アジアなどの出身者が日本企業で技術を身につける「外国人研修・技能実習制度」について、賃金不払いや長時間労働、旅券を預かって移動を制限するなどの問題点があると指摘。暴力団組織が性風俗産業で外国人女性を働かせる例も取り上げ、日本政府による取り組みが不足していると指摘した。
外国人研修制度の対応批判＝人身売買報告書―米国務省
時事通信
米国務省は27日、世界約180カ国・地域の人身売買の実態をまとめ、各国政府の取り組み状況を4段階に格付けした2011年版人身売買報告書を公表した。報告書は日本について、外国人研修生制度に絡む虐待問題に適切に対処していないなどと批判、7年連続で上から2番目のグループに位置付けた。
報告書は、中国人研修生らに対する保証金を通じた身柄拘束や行動制限、無報酬労働などの虐待の事実が報じられているにもかかわらず、日本政府は強制労働の存在を認めていないと指摘。「日本政府は人身売買撲滅に向けた最低限の基準を順守していない」と結論付けた。
米人身売買報告書、北朝鮮は9年連続最低ランク
聯合ニュース
米国務省は27日、世界の人身売買実態をまとめ、4段階に格付けした2011年版人身売買報告書を公表した。格付けは、「1段階」「2段階」「監視対象国」「3段階」の4グループに分けられている。
報告書は北朝鮮について、人身売買の被害者保護に関する最低基準も満たしていない最低ランクの「3段階」に分類した。北朝鮮のほか、キューバ、イランなど23カ国・地域が挙げられた。
北朝鮮は2003年以降、最低ランクから抜け出せずにいる。報告書は中国で売春を強要されている女性らの例などを挙げ、北朝鮮当局が人身売買の根絶に向けた最小限の基準を満たしておらず、努力も行っていないと指摘した。
ただ、指摘は昨年の報告書内容を繰り返した水準だ。
一方、韓国に対しては人身売買の根絶のため政府が最低基準を順守している「1段階」に指定した。日本は外国人研修生制度に絡む虐待問題を指摘され「2段階」に位置づけられた。
独り言
外国人研修生制度の事だけを言えば諸悪の根源はここなのです
ＪＩＴＣＯ
財団法人 国際研修協力機構 ←全国 法務省・外務省・通商産業省・労働省による
http://www.jitco.or.jp/
また新しいアプローチとしてこのような事もやっております
ＡＯＴＳ
財団法人 海外技術者研修協会 ←全国 経済産業省所管
http://www.aots.or.jp/
確かにアメリカの報告書は良く出来ております、誰がいったい調べたのか疑いたくなるほど理解したものが作成しております。シンジケート (the Yakuza) ザやくざという部分も有りますが、実によく理解したものが作成しております、しかし核心の部分は分からずじまいです。
また上記の財団法人や其れに関わる者、これがいけません、天下り官僚とごく一部の職員を除けば何も理解していない者ばかりですから、これにかかわる業者（業者とは言わないのですが）これもいけません、本人たちは理解しているつもりですが、この者達も何も理解していません（理解しようとしない）当然その先の使用するものたち管理者なども観て見ぬ振り、当然ながら使用されるもの研修生、これ等は自分が何がなんだか理解できない、理解しようとすれば解雇もしくは帰国、すべてが立ち行かない制度なのです。
しかしアメリカに指摘されたので改善するとは言いたくない、止めるとは言いたくないので、此処はひとつ、業界団体が自主規制をしコンプライアンスの強化をして貰いたいものだ、と言っても出来る様な連中ではないが。
0 件のコメント:
コメントを投稿