Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - Japan (Ratification: 1932)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Following its previous comments, the Committee takes note of the three latest annual reports (2022, 2023 and 2024) of the Council for the Promotion of Measures to Combat Trafficking in Persons, which contain detailed information on the implementation of the 2022 Action Plan to Combat Trafficking in Persons. Reported measures include: (1) awareness-raising initiatives and the operation of consultation hotlines; (2) law-enforcement action, including use of the Trafficking in Persons Control Manual and coordinated crackdowns by the police, Immigration Services Agency, Public Prosecutor’s Office, Labour Standards Inspectorate and Japan Coast Guard; (3) protection and support for victims, delivered through the Women’s Counselling and Support Centre, the One-Stop Support Centre for Victims of Sexual Crimes and Sexual Violence, and return/reintegration assistance for foreign victims provided by the Ministry of Foreign Affairs in cooperation with the International Organization for Migration; and (4) international cooperation, particularly with Southeast Asian countries, to strengthen anti-trafficking capacities through training and related programmes. The Government further indicates that measures have been taken to enhance the capacity of law enforcement officers to identify trafficking cases and conduct effective investigations. Measures include training for newly hired and promoted police officers, awareness-raising and training for staff of the Immigration Services Agency, the Japan Coast Guard, judges and prosecutors, and pre-departure lectures for consular officials on the role of passports and visas in preventing trafficking and on cooperation with relevant organizations in their host countries.

The Committee notes that, according to the annual reports, 47 victims of trafficking in persons were identified and protected in 2021 (all women), 46 in 2022 (44 women and 2 men), and 61 in 2023 (51 women and 10 men). Most were victims of sexual exploitation, though some experienced labour exploitation, including being forced to work as nightclub hostesses. The reports also provide prosecution data: in 2021, 39 persons were prosecuted and 31 convicted for offences related to trafficking in persons; in 2022, 34 were prosecuted and 28 convicted; and in 2023, 43 were prosecuted and 33 convicted. Some cases could not be pursued due to evidentiary challenges. The Committee further notes that perpetrators received a range of penalties, including imprisonment (averaging around three years, sometimes longer) and, in some cases, only fines, for violations of laws related to prostitution, entertainment businesses and child welfare.

The notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of October 2024 (CEDAW/C/JPN/CO/9) expressed concern: (a) that current legal provisions do not fully encompass the non-coercive forms of exploitation, particularly in labour trafficking; (b) that the survivors of trafficking and sexual exploitation face barriers in terms of access to shelters and legal services, including language issues, and that the availability of long-term reintegration support is limited; and (c) that labour trafficking remains significantly underreported. The Committee takes due note of the measures taken by the Government and requests it to continue providing information on measures taken to ensure the effective implementation of the Action Plan to Combat Trafficking in Persons, as well as on the principal findings of the annual assessments of the Council for the Promotion of Measures to Combat Trafficking in Persons, including any gaps identified and corresponding follow-up. The Committee further requests the Government to continue to take measures to: (i) ensure that the legal framework fully covers non-coercive forms of exploitation, including in labour trafficking; (ii) improve survivors’ access to shelters, legal assistance and interpretation services; (iii) strengthen the detection and reporting of labour trafficking, including through enhanced monitoring of at-risk sectors; and (iv) reinforce the capacity of law enforcement to secure evidence and effectively prosecute offences related to trafficking. Please continue to provide statistical information on investigations, prosecutions and convictions related to trafficking in persons, specifying the nature of the offences and the penalties imposed.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. Prison labour performed for the benefit of private entities. Following its previous comments, the Committee notes the Government’s information that section 96 of the Act on Penal Detention Facilities and the Treatment of Inmates and Detainees (Act No. 50 of 2005) allows sentenced persons, under certain conditions, such as having served the required period for parole qualification, to commute to work or to receive vocational training at an external business establishment without being escorted by penal institution staff. Sentenced persons are selected by the wardens of penal institutions on the basis on certain criteria such as good behaviour, demonstrated motivation for reformation and rehabilitation, and aptitude for outside work with commutes. The Government indicates that participation is voluntary and that sentenced persons provide consent after receiving details about the work, including its purpose, objectives and rules to be observed during the assignment. Under section 58(1) of the Regulation for Penal Institutions and Treatment of Inmates (Order of the Ministry of Justice No. 57 of 23 May 2006), the written agreement between the warden of the penal institution and the director of the outside business establishment (required under section 96(3) of the Act on Penal Detention Facilities and the Treatment of Inmates and Detainees) must include the duration of the outside work with commutes; the type, content, and working hours of the work performed; and measures to ensure the health and safety of the sentenced person; and methods of guidance and supervision by the outside business director. In addition, in accordance with the Notice on “Implementation of directives regarding the work of sentenced persons”, the working hours must be appropriate, and the work must not be excessively dangerous or unhygienic. Finally, the Committee notes, from information available on the website of the Ministry of Justice, that incentive remuneration is paid to prisoners who take part in work, generally paid out at the time of their release, although it may be used to purchase items in prison or remit it to family members.

The Committee takes note of this information, which addresses its previous request.