Part Two: Report by Article

Crimes related to prostitution are regulated by laws including the Anti-Prostitution Law, Child Welfare Law, Employment Security Law, and the Law for Punishing Acts Related to Child Prostitution and Child Pornography. The situation for identified cases relating to prostitution for the past five years is as listed in Statistical Annex 47. In terms of violations by law, 84.3% of identified persons and 76.4% of identified persons were under the Anti-Prostitution Law. In terms of the types of cases, "procuration" is the most frequent reason for identification, followed by "contract" and "solicitation." In terms of the number of identified persons, "procuration" is the most frequent reason, followed by "solicitation," and "providing facilities."

Prostitution and child prostitution cases received at the Public Prosecutor's Office are as listed in Statistical Annexes 48 and 49.

The situation of non-Japanese women involved in criminal offenses relating to prostitution over the past five years are as listed in Statistical Annex 50. These non-Japanese women entered Japan with the status of "Temporary Visitor" or "Entertainer" or with false passports, worked at restaurants and other places, and engaged in prostitution. Classified by nationality, the largest part were Chinese women followed by Thai, Taiwanese, and Korean women. As for their place of operation, 217 people who accounted for 45.9% of the total were found in the entertainment business and so on (restaurants, bars and others).

Of these women, there are women who are sexually exploited into forced prostitution by brokers and owners of entertainment businesses and so on. These women are burdened with outrageous fees and interest rates as a cost for illegal immigration and have their passports confiscated by the brokers and owners. During 2001, there were 65 identified victims: 39 women were from Thailand (60% of the victims), followed by women from the Philippines, Taiwan, Indonesia, and Columbia. During 2001, 19 cases were exposed relating to sexual exploitation of non-Japanese women who engaged in or were forced to engage in prostitution, in the entertainment business, forty people including brokers and owners of entertainment businesses and so on were arrested and 65 women victims were identified.

Of the illegally working non-Japanese women against whom Japan took deportation procedures in 2001, 347 were involved in prostitution (See Statistical Annex 51).

<Case 1> On 4 March 2001, a woman from country B entered Japan using a forged passport of country A. She was asked by her friend if she wanted to "work in Japan as a baby-sitter or in a factory since salaries are high in Japan." She accepted this invitation and came to Japan, but as soon as she entered Japan illegally, she was taken to an apartment in Saitama Prefecture and was coerced into prostitution under the control of a member of an organized crime group. With the excuse that she was not feeling well, she was taken to a hospital. On her way, she found her chance to run from the guard and sought help from country B's Embassy. Having received a provisional passport for departure, she reported to the Narita Airport District Immigration Office of the Tokyo Regional Immigration Bureau, accompanied by staff of the Embassy of country B.

<Case 2> On 7 June 2001, a woman from country C landed at Narita airport and attempted to enter Japan with a different person's passport issued by country C. The immigration inspector found that the picture in the passport was not hers and handed her over to the enforcement division for suspicion of illegal entry.

From her testimony, it was found that a Japanese man who the Narita Airport District Immigration Office of the Tokyo Regional Immigration Bureau had long suspected to be a broker for illegal entry had been involved in the case. This information was shared with the Chiba Prefectural New Tokyo International Airport Police Station, and the Chiba Prefectural Police Headquarters and the New Tokyo International Airport Police investigated the case. On 23 August, the Japanese man was arrested for the violation of the Immigration Control Act (the offence of assisting illegal entry for profit). He told investigators that he would help women from country C to enter Japan and sell them to bars in Ibaraki Prefecture for ¥2.3 million. He would receive a commission of ¥200,000 and transportation fees of ¥30,000. He admitted that the bars would burden the women with ¥4.5 million of debt and force them to repay it by prostitution.

The Convention on the Rights of the Child ratified by Japan in 1994 stipulates the protection of children from all forms of sexual exploitation and abuse. Taking heed of the ethos of this convention, the Law for Punishing Acts Related to Child Prostitution and Child Pornography and for Protecting Children (hereinafter referred to as the "Law Banning Child Prostitution and Child Pornography") was promulgated in May 1999 and went into effect in November 1999. Under this law a child is defined as a person under the age of 18. This law prescribes punishments for persons engaging in child prostitution, persons brokering child prostitution, persons distributing, selling or displaying public child pornography, and trading, etc., children for the purpose of child prostitution. This law also stipulates measures for the protection of children who have suffered psychologically and physically from these activities. Engagement in prostitution and child pornography with a girl could possibly have a bad influence on her subsequent sound development. Therefore, this law and other related laws and ordinances by local governments currently in place are being fully utilized to crack down on this type of activity.

For crimes relating to child prostitution committed overseas by Japanese nationals, international cooperation in the area of investigation is enhanced together with foreign law enforcement authorities in order to build a case. As of the end of 2001, since the implementation of the said law, nine individuals were arrested for three cases. Furthermore, workshops focused on strengthening international investigation cooperation were held at the "Second World Congress Against Commercial Sexual Exploitation of Children," which was held in Yokohama in December of 2001. Subsequently, in January 2002, the national investigation committee relating to investigation of overseas crimes was held.

Cooperation with foreign law enforcement authorities is also being undertaken to crack down on child pornography cases using the Internet.

For the purpose of promoting measures in the international community towards the eradication of child prostitution, child pornography, and other forms of commercial sexual exploitation, the Government of Japan hosted the "Second World Congress against Commercial Sexual Exploitation of Children" (co-sponsored by the United Nations Children's Fund (UNICEF), ECPAT International, and the NGO Group for the Convention on the Rights of the Child) from 17 to 20 December 2001, in Yokohama, Japan.

The Congress consisted of general debate (statements by governments, international organizations, etc.), three panel discussions, 107 workshops organized by NGOs, and the "children/youth roundtable." 136 governments (including 52 cabinet-level representatives), 148 NGOs from abroad, 135 Japanese NGOs and 23 international organizations attended. In total, 3,050 persons, including 90 children/youth from all over the world participated in lively debates, exchange of information and opinions related to the six main themes of the Congress, "Child Pornography," "Prevention," "Protection and Recovery of Children from Sexual Exploitation," "Trafficking in Children," "Role and Involvement of the Private Sector," "Legislation and Law Enforcement" and "The Profile of the Sex Exploiter."

On the last day of the Congress, the children/youth issued a final appeal and the participants adopted by consensus "The Yokohama Global Commitment 2001," which calls on the international community to promote further their actions towards the eradication of the commercial sexual exploitation of children.

As the first large-scale international conference on children in the 21st century, this Congress drew a high degree of attention from all over the world as an important opportunity to promote actions by the international community for the protection of children from sexual exploitation, and to ensure the dignity and happiness of children, who will bear the future of humankind. Furthermore, the foremost character of this Congress was that it was co-organized by a government, an international organization, and two NGO groups, allowing for the active and substantive participation of international organizations and NGOs from all over the world. Moreover, this Congress created a forum in which governments, international organizations and NGOs could promote cooperation and build networks among all the parties concerned.

The Government of Japan signed the "Optional Protocol on the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography" on 10 May 2002, and demonstrated to the international community its active stance to protect and promote the rights of children.

For cases of sexual exploitation against non-Japanese women, the Immigration Control and Refugee Recognition Act, Employment Security Law, Anti-Prostitution Law and other relevant laws are applied to international criminal organizations which act as broker organizations. Intense crackdowns on entertainment businesses and so on and stores that accept these workers have been underway.

From an immigration administration perspective, to fight so-called human trafficking and forced prostitution (managed prostitution), there are few ways to approach this type of crime except for by tracking down the heinous brokers by following the violators of the Immigration Control Act. Through tighter immigration examinations, the Immigration Bureau restricts the illegal entry of those who plan to engage in illegal work including prostitution. The Immigration Bureau also makes efforts to investigate the background of cases involving brokers who help illegal entrants and through cooperation with the law enforcement authorities including the police, works for early detection of and stringent measures to deal with crimes including forced prostitution and human trade typical of human trafficking. The Immigration Bureau, in concerted operations with the police or other enforcement authorities, rigorously promotes the seizure of illegal foreigners and investigation of the background of cases involving illegal entrants led by brokers.

When information concerning human trafficking, forced prostitution or other human rights violations is obtained during the deportation process, the officers of the Immigration Bureau, having no authority to act as judicial police, report the case to the law enforcement authorities including the police to cooperate in pressing charges against heinous brokers involved.

If it is evident in the deportation process that deportees have not received wages or have industrial injuries the Immigration Bureau gives consideration to the fact and helps them, to the extent possible, to have a proper remedy by contacting the employer or reporting the case to the Labour Standards Inspection Office.

A Senior Experts' Group on Transnational Organized Crime, the so-called Lyon Group that was established at the Halifax Summit of June 1995, discussed wide-ranging topics to fight against transnational organized crime. The "Guiding Principles and Plan of Action to Combat the Smuggling of and Trafficking in Human Beings," which was formulated by the sub-group under the Lyon Group, was endorsed at the Justice and Interior Ministerial Conference of the G8 countries on "Combating Transnational Organized Crimes" held in Moscow in October 1999.

On the other hand, in December 1998, based on a Resolution by the United Nations General Assembly, an ad hoc committee was established to elaborate a comprehensive international convention against transnational organized crime. As a part of this endeavor, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime was deliberated. Japan has proactively participated in this ad hoc committee at the United Nations in order that an effective convention could be agreed upon promptly.

In November 2000, the United Nations Convention against Transnational Organized Crime was adopted by the United Nations General Assembly. Japan signed this convention (it has not entered into force yet). Of the three protocols, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime was also adopted by the General Assembly in November 2000. Japan is currently studying this protocol in relation to domestic laws.

Regarding human-trafficking, Japan is a destination country rather than a country of origin. Japan, however, has advanced cooperation for prevention and investigation with law enforcement and immigration authorities of countries of origin and transit countries of human trafficking in the Asia-Pacific Region. For example, seminars for opinion exchange on issues regarding investigation of international organized crime were held in order to improve the capacities of law enforcement authorities in Asian nations. Japan has also contributed in the area of equipment provision and dispatch of investigative-technique experts.

In this context, in January 2000, the Ministry of Foreign Affairs held the Asia-Pacific Symposium on Trafficking in Persons, in Tokyo, at which lively discussion was undertaken.

In February of 2002, the "Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crimes" was held in Indonesia. From Japan, Senior Vice-Minister for Foreign Affairs Seiken Sugiura attended this meeting and participated actively in the discussions.