JAPAN Law and Practice Contributed by: Koichi Saito, Wataru Shimizu, Suguru Yokoi, Ai Tanaka and Mai Kurano, Anderson Mori & Tomotsune
Technical Intern Trainee Programme Japan has been criticised by the international community for human rights violations related to its technical intern trainee programme. During the 4th Universal Periodic Review, held in Febru - ary 2023, UN member states recommended that Japan improve the treatment of migrant workers, including foreign technical intern trainees. For the proper implementation of the training of and the protection of technical intern trainees, the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees (Act No 89 of 2016) was enacted, which stipulates pro - hibitions and penalties for violation of human rights for foreign technical intern trainees. How - ever, even after the enactment of this Act, the working and living conditions of migrant work - ers, including technical intern trainees, have remained poor, and the need for improvement has been pointed out. The serious issue of payment and debt incurred by technical intern trainees before they migrate to Japan has been highlighted as an example. The Technical Intern Training Programme was originally designed to enhance technical interns’ skills and contribute to international society by enabling them to apply those skills in their home countries. However, in practice, the programme is increasingly viewed as a way to address labour shortages by employing foreign work - ers. This has created a disconnect between the programme’s original purpose and its current
case examples. The Reference Materials provide practical guidance on how business enterprises should conduct human rights DD. In addition, on 25 December 2023, the Ministry of Agriculture, Forestry and Fisheries released its “Guidebook for Respecting Human Rights in Food Enterprises” as a guideline on human rights DD for the food industry. This guideline points out that the food industry is responsible for implementing measures for human rights because it has extensive supply chains that cover production, manufacturing, distribution, and retailing. As mentioned in 1.1 Business and Human Rights : A Summary, the Working Group toured Japan in 2023 and surveyed to assess the meas - ures implemented by the government and the private sector. Based on their interviews with companies, the Working Group pointed out in their report published in 2024 that most private sector actors, including in the financial sector, indicated that it would be desirable to make it mandatory to conduct human rights DD. The Working Group said that it would level the play - ing field and enhance the consistency between government policies and UN policy on BHR. 2.2.3 Modern Slavery Legislation Japan does not have a specific legal framework addressing modern slavery, such as bans on the import of products made with children or forced labour. However, Article 18 of the Constitution of Japan prohibits involuntary servitude. Child and forced labour are also prohibited and regulated under the Labour Standards Act (Act No 49 of 1947). Companies that violate these prohibitions face penalties, including fines.
implementation. ESD Programme
In response to these issues, the Act was amend - ed in June 2024 to adopt a new programme called the “Employment for Skill Development (ESD)” programme. The ESD programme aims to develop and secure human resources in
80
CHAMBERS.COM
Powered by FlippingBook