The Situation of Filipino Entertainers and the Efforts of Japanese NGOs to Combat Trafficking in Persons
Development Action for Women Network (DAWN)
10th Year Anniversary Celebration
Manila , Philippines
February 10, 2006
Nobuki Fujimoto
Researcher, Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA )
Member , Japan Network Against Trafficking in Persons (JNATIP)
I would like to congratulate DAWN for its ten years of service to Japanese Filipino Children (JFC), their mothers who worked in Japan mainly as an entertainer, and for its anti-trafficking advocacy, both in the Philippines and in Japan . This tenth year anniversary symbolizes DAWN's continuing hard work towards justice for JFC and victims of trafficking, and the realization of their human rights.
As one of the friends of DAWN, in addition to a researcher of the Asia-Pacific Human Rights Information Center, or HURIGHTS OSAKA, based in Osaka Japan, and an individual member of the Japan Network Against Trafficking in Persons (JNATIP), I would like to briefly report about the situation of trafficking and anti- trafficking initiatives of NGOs in Japan.
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 and children, in particular, were already recognized by NGOs, mass media and the government agencies since late 1980's. Most of the women victimized came from the Philippines and Thailand at the earlier stage. While the term of trafficking was not yet commonly used during that time, several NGOs have already been involved in assisting victims of trafficking, such as forced prostitution, and providing shelters for them like HELP and SAALAA , they already addressed the issue of trafficking, in coordination with NGOs based in the countries from where women were sent to Japan.
However, the Government of Japan neither took effective and comprehensive measures to penalize traffickers such as brokers, or to make efforts to protect victims of trafficking. Instead, the victims had been 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 the United Nations human rights bodies, international and local NGOs, and concerned governments, the Japanese Government finally started to seriously take measures, in order to prevent and eliminate trafficking just in the past few years.
In April 2004, the Japanese Government established the Inter-Ministerial Liaison Committee (Task Force) regarding the 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 organizing a series of hearings, in order to share opinions with local & overseas institutions and NGOs.
The Action Plan, in principal, covers comprehensive scope with regards to combat trafficking, consisting of three main aspects ;(1).Importance of Measures to Combat Trafficking in Persons, (2)Through Understanding of the Current Situation of Trafficking in Persons, (3)General and Comprehensive Measures to Combat Trafficking in Persons.
In accordance with the Action Plan, on 16 June 2005 , the Japan 's 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 their 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 the measures to protect and assist the victims, the Government, so far, does not intend to legislate a law 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 the measures mentioned above, it has no legal binding, in addition to the problem of insufficient budget being allocated.
The Situation of Filipino Entertainers in Japan
With regards to Filipino entertainers, those women coming to Japan have ‘Entertainer Visa' which is valid for 6 months at most. Most of them work as singers or dancers who are supposed to perform in show business. However, in most cases, they sing and dance on a small stage in night clubs where they are assigned. In fact, they work as a ‘bar girl', serving drinks, having conversations and singing as a Karaoke partner of male customers.
Filipino entertainers have been usually forced to work under conditions which do not comply with the contracts between them and recruiting agency in the Philippines and promoters in Japan . They suffer lower wages, and are obliged to do Dohan (date with customers in the daytime). Penalties are imposed on them by the owners of night clubs if they fail to meet the target of sales. There are even the cases that they are even made to prostitute themselves.
It is, of course, not allowed for foreign entertainers to work as a bar girl under the Japan 's Immigration Act. However, such illegal activities made by the employers or night club owners had long been overlooked without seriously monitored by the Japanese government.
The Japan 's Action Plan of Measures to Combat Trafficking in Persons finally stipulates the decisive policy for the Review of status of residence and visas for “entertainers”. It clearly says that it has been recognized that not a few people who have entered Japan with the status of residence as “entertainer,” have become victims of trafficking in persons, in particular those who have entered the Japan having fulfilled the criteria for landing permission by holding a certificate issued by the Government of the Philippines, which testifies that the holder is an artist, but as a matter of fact do not have capability as an artist.
Based on this policy, the Ministry of Justice Ordinance, which provides for the criteria for applicants who intend to engage in the activities of “Entertainer” in Japan , was amended on 15 February 2005 , and entered into force on 15 March 2005 .
The amendment deleted the provision that an applicant who intends to engage in theatrical performances or musical performances as “Entertainer” shall “meet the standards set by a foreign national or local government agency or an equivalent public or private organization”. In meeting the standards, they were able obtain the certificate from the Philippine Government, called the Artist record Book (ARB) and Artist Accreditation Certificate (AAC).
In accordance with the amendment, an applicant who intends to engage in theatrical performances or musical performances with the status of residence “Entertainer” is required to have spent a minimum of two years at a foreign educational institution studying subjects relevant to the type of performance in which he or she will engage, or to have a minimum of two years' experience outside Japan in the type of performance in which he or she will engage.
The amendment is intended to eradicate the vicious cycle of exploitation as well as to reduce the numbers of human trafficking victims. However, giving the reality that there are many Filipino women who want to work in Japan, the exploitation would go underground and become more invisible, if it becomes too difficult to obtain ‘Entertainer visa'.
It is important for the Governments and NGOs to closely monitor the sequence of implementation of the new Immigration policy on the entertainers and situations that they actually face.
The Challenges to solve the remaining issues to protect the victims, which are advocated by NGOs, such as Japan Network against Trafficking in Persons (JNATIP)
JNATIP was established by the efforts of NGOs and individuals, including lawyers, people in the academic field, in October 2003, with an aim to prevent the trafficking in persons, to protect those who have been victimized, to support the rehabilitation of victims, and to punish the perpetrators. In addition, JNATIP hopes to promote an effective legislation that will meet the objectives mentioned.
After the establishment, JNATIP, as a network of NGOs, stated to take several initiatives by the joint efforts among the members as follows. (1) Survey on the facts of trafficking victims in Japan (which was conducted in collaboration with Ochanomizu University , Tokyo ), (2) Lobbying and consultation activities with Parliamentarians and concerned government agencies, so that the comprehensive anti-trafficking law, including the legislation for the protection and assistance of the victims, and the prevention. (3) Awareness raising campaign, aimed to disseminate the orientation of JNATIP as well as to raise awareness by informing the reality of trafficking through a series of symposium and study meetings, so that people will foster the sense to combat trafficking.
While I appreciate the recent efforts for anti-trafficking taken by the Japanese Government, I would like to address some of the remaining issues, among others, to be tackled.
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 ‘ Support Center for Human Trafficking Victims', a facility which has resources and programs for protection and counseling. The Government should allocate necessary budget to deploy professional staff and to run the facility.
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. The Government should provide financial assistance in order to strengthen their activities which could lead further collaboration between the Government and civil sector.
b. To Enact a Law for Protection and Support of the Trafficking Victims
While the criminalization of trafficking was legislated by revising the Penal Code , protection and support for the trafficking victims has no legal background. The Law for Protection and Support of the Trafficking Victims should be enacted .
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$ 85 billion). The trafficking is closely related to this huge demand of the sex industry. This issue is also crucial in eliminating human trafficking. The question is how to suppress the demand?
Today I am asked by DAWN to address the issue of JFC, which has been one of the major programs of DAWN. However, I am very much sorry and unfortunately to say that I am not the right person to talk about this issue, because I am one of the fathers of JFC. My marriage life with a Filipina unfortunately was broken almost 8 years ago, with a daughter left with her mother. Because of my position, I am quite hesitant to openly talk the issue.
Lastly I would like to address that we need more international cooperation between NGOs and Government agencies concerned in order to eliminate and solve the problems of trafficking. I sincerely hope that DAWN will continue to be active and play an important role in combating trafficking in women and children.
Thank very much for listening to my presentation and Congratulations. |
