Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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(2) and 25 of the Convention. Trafficking in persons. The Committee previously noted the measures taken under the 2009 Action Plan to Combat Trafficking in Persons in the areas of prevention, the protection of victims and the prosecution of offenders and it requested the Government to continue providing information in this regard. The Government indicates that in 2014 the Action Plan was revised to establish new measures, particularly in the areas of prevention and victim protection. Among these measures, the Committee highlights: (i) the strengthening of border controls and inter-institutional coordination to detect illegal employment; (ii) improved identification of victims through the application of the Methods to Deal with Trafficking in Persons; (iii) better information for victims on their rights, particularly during legal proceedings, and the provision of legal assistance; (iv) the establishment of a Law Enforcement Task Force against Trafficking in Persons, composed of representatives of the police, the Ministry of Justice, the Public Prosecutor’s Office and the Ministry of Health, Labour and Welfare; and (v) the publication of an annual report compiling the efforts made and the progress achieved in implementing the measures envisaged in the Plan and their impact. The Committee further notes the Government’s indication 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 (from 14 months to four-and-a-half years), five have been fined and one acquitted. Furthermore, the Immigration Bureau provided protection to 30 victims between 2012 and 2014.

The Committee notes that, when examining the application of the International Covenant on Civil and Political Rights, the United Nations Human Rights Committee appreciates the efforts made by Japan to address trafficking in persons, it “remains concerned about the persistence of the phenomenon, as well as about the low number of prison sentences imposed on perpetrators, the fact that no perpetrators of forced labour have been brought to justice, the decline in victim identification and the insufficient support granted to victims” (CCPR/C/JPN/CO/6 of 20 August 2014).

The Committee hopes that the Government will take all the necessary steps to implement the measures envisaged in the 2014 Action Plan to Combat Trafficking in Persons and will provide information on the results achieved. Please also indicate whether annual reports have been prepared and, if so, indicate the obstacles that have been identified and the measures taken to overcome them. Noting that, according to the information provided by the Government, the penalties imposed on perpetrators of trafficking can be limited to fines or short prison sentences, the Committee recalls that under Article 25 of the Convention, really adequate penalties must be applied to persons who exact forced labour. 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, so that they are able to identify victims, conduct appropriate investigations bring the perpetrators to justice, and apply dissuasive penal sanctions.