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 PPJfor 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 yoprostituted runaway girl: Later her case was founded by police and her pimps and buyers of sex are arrested. • She received two counselingsand 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 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.
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..