JNATIP(Japan Network against Trafficking in persons) Procedural components of the right to a remedy; Reparation and Compensation Shihoko Fujiwara Polaris Project Japan JNATIP(Japan Network against Trafficking in persons)

About us Polaris Project Japan Hotline and direct intervention 3200 calls, 150 victims we served JNATIP(Japan Network against Trafficking in Persons) Loose coalition of 28 anti-trafficking groups including PPJ for advocacy

Experiences with victim reparation Our focus Sex Trafficking of both Foreigners (60%) and Japanese (40%) Obstacle for compensations and recovery in JP: Weak legal system and no set procedures Need to use current legal system some way.. inadequate restitution and reintegration policy and implementation to begin with

Current case #1 13 yo prostituted runaway girl: Later her case was founded by police and her pimps and buyers of sex are arrested. She received two counselings and that is it. No compensation, including for physical and mental damage due to lack of child protection (and she had home to go back) PPJ provide mentorship and emotional support up till now She may be trafficked again! Lack of consept among child care worker and they have no time!

Current case #2 Korean women being trafficked to Japan PPJ intervened, victim refused to talk to police. PPJ helped her to repatriate: Later on, Korean support group help convicting her traffickers in Korea. She received legal, medical, and living support in town of Seoul. These kind of reparation was available because of Korean policy

Current Case #3 A court ordered a sewing company and a broker to pay $100,000 for 5 Chinese trainees (Nagasaki, 2013) Family of a trainee (who died of cardiac arrest) sued the firm and won an settlement (Ibaraki, 2012) 25 onging trafficking cases

Financial compensation is extremely difficult for Sex Trafficking victims PPJ acknowledges one case of receiving compensation. Lack of proof (Unlike labor exploitations ) Sex Trafficking victims are stigmatized: victim protection and victim’s life support is essential in order to seek compensation. From our experiences, our clients tend to claim no compensations They want justice first Cross boarder TIP case: in Japan, victims are already in their mother country Need team of legal advocators to claim compensations Compensation from sexual exploitation is extremely difficult especially where there is no trafficking related law being enforced

Recommendations: For well-being of victims (besides anti-trafficking laws) Take heavy fines for all the people involved in trafficking and provide that for victims of trafficking or law to confiscate the money for compensation fund As a option, Settlement with traffickers during court procedure Compensation needs to come together with recovery support and essential non- material damage: mental counseling, job training, settling down in new community etc.. Instead of pro bono work, State must provide measures for victims to obtain information on how to receive remedy Receive legal and social services for the victims/potential victims by trained workers. Victims of crime act: proceeds of crime 子どもの場合は福祉の充実 性的搾取の場合、本当に長い支援が必要と感じる 　生活習慣からサポートする

Expanding current system for TIP victim compenations Victims of Crime Act (2005) Compensations only for When victims suffer from Severe injury, disease or death. Labor Law Pro-bono lawyer’s network has about 25 ongoing cases seeking compensation for foreign trainees No reported cases on adult entertainment work

Recommendations Victims don’t make appeal for services: Instead of pro bono work, State must provide measures for victims to 1)obtain information on how to receive remedy 2) receive legal and social services for the victims/potential victims by trained workers. If using the current framework, TRAIN lawyers, service providers, prosecutors, and law enforcement for victims to access to compensations for Domestic Violence, Labor, and Victims of Crime laws etc..