Procedural components of the right to a remedy; Reparation and Compensation

Shihoko FujiwaraPolaris Project Japan

JNATIP(Japan Network against Trafficking in persons)

About usPolaris 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 focusSex 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

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 #3A 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)

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 firstCross boarder TIP case: in Japan, victims are already in their mother country

Need team of legal advocators to claim compensations

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 fundAs a option, Settlement with traffickers during court procedureCompensation 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 1. obtain information on how to receive

remedy2. Receive legal and social services for the

victims/potential victims by trained workers.

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 traineesNo reported cases on adult entertainment work

RecommendationsVictims 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 remedy2) 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..