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
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)
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
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 nonmaterial 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 remedy
2. 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 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..