by Jonas Horvei
According to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (2013), human trafficking can be defined as:
“[t]he recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.”
In this week’s blog post I would like to examine to whether or not Filipino hostesses working Japan can be considered as victims of human trafficking, especially under the category of sex trafficking. I will also consider whether there is a possibility that this is not the case of human trafficking, but rather an action which they carry out by their own volition.
First of all I would like to examine what kind of typical activities a hostess performs while working in a bar in Japan.
- Takes on the role as an entertainer
- Pours her customers drinks, often alcoholic beverages
- Dances with them
- Sings for her customers, often karaoke
- Talks with her customers, being engaged in a conversation, often with a bit of “flirtative” nature, often while at the same time complimenting them.
On the basis of only this, it is naturally impossible to say whether these people working in such establishment are victims of human trafficking or not. Nevertheless if we look a bit deeper and consider if this at the perspective of sex trafficking we can start hypothesizing at least. According to the U.S Code §7102 – (10) sex trafficking can be defined as the following;
The term “sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act”.
Judging from this definition, there does not seem to be any particular aspects that resembles a commercial sex act, and thus I argue that such kind of cannot be considered a case of sex trafficking. Although occasionally acts such as masturbating the customer did occur, nothing was mentioned whether this was carried out by their own volition or not. Looking at the culture of south-east Asian countries though, such “happy ending” customs are fairly normal in especially massage establishments such as in China and Thailand, which might explain why this is not necessarily considered prostitution. While there are Filipinos working as prostitutes in Japan, at least on the surface it seems to me at first glance that the Filipino who come to serve as hostess, are mainly not victims of sexual trafficking.
For the meantime, let us go back to the case of human trafficking and see if there is any evidence that these workers can be considered victims of such a phenomenon. While indeed, it is likely that some of the Filipinos who migrate to Japan are forced to go against their own volition, and thus can be defined as victims of human trafficking, I argue that this is the exception rather than the norm. According to Parreñas (2011 p.3) no conclusive evidence exists that these workers are victims of human trafficking, but rather research indicates that most of the workers take this decision by themselves, and migrate by their own volition. Yet again according to Parreñas (2003 p.199), as much as 34 to 54 percent of the Filipino population is sustained by remittances by migrant workers. Such numbers tells exactly how much of an importance overseas Filipinos workers affect the homeland economy.
Nevertheless despite most of these people not being victims of human trafficking, there is no question that especially for migrants in such vulnerable occupations the working conditions can be lackluster, and that they might be victims of forced labor. This is something which needs to urgently be addressed, preferably in collaboration between the Philippines and the Japanese government.
Since 1999, Japan’s immigration policies have made it considerably more difficult, ultimately forcing many bars to shut down and many having difficulty coming over to work as hostesses (National University of Singapore, 2012). However, imposing restrictions on entertainer visas is in my opinion not a solution to combat human trafficking, or rather it is not a solution to improve the labor conditions for Filipino hostesses. Rather, I think such restrictions are what actually promotes and can actually be the trigger to human trafficking in the first place.
These migrants cannot work in their own country, the wages are either not enough to support a family, or simply they cannot find a jobs. Then naturally the next step is to seek work elsewhere, a different city, or a different country. Suddenly these options start to dwindle, and one is only left with the options of either living a life full of poverty or as a last resort they become victims or sexual trafficking, or become prostitutions out of their own volition to take care of their family.
I argue that hostess is a harmless job, and as long as this work is carried out of their own volition, restrictions should be lessened on entertainer visas, back to the way they used to be. Still, these people will continue to be exploited due to their resident status and so on, and therefore I believe the most important step to take now is rather than imposing more and more restrictions, a step in the right direction would be to protect these people by giving them more rights to them being victims of forced labor, and to collectively come up with a solution which can benefit all parties involved.
As summarized by the United Nations Global Programme against Trafficking in Human Beings report, a lot of the responsibility lay at the hands of the Japanese and Filipino government to improve this situation (Cameron and Newman).
“Human Trafficking.” United Nations Office on Drugs and Crime. Accessed 17 Nov. 2013. http://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html
“U.S Codes – USC§ 7102 Definitions” Cornell University Law School. Accessed 17 Nov. 2013., http://www.law.cornell.edu/uscode/text/22/7102
Parreñas, Rhacel Salazar. Illicit Flirtation; Labor, Migration, and Sex Trafficking in Tokyo. Stanford University Press (2011).
Parreñas, Rhacel Salazar. 2003. “The Care Crisis in the Philippines: Children and Transnational Families in the New Global Economy.” Pp. 39-54 in Global Woman: Nannies, Maids, and Sex Workers in the New Economy. New York: Metropolitan Books
“Filipino in Hostess Clubs.” National University of Singapore, 29 Apr. 2012. Accessed 17 Nov 2013 http://wiki.nus.edu.sg/display/JPE2012/Filipino+in+hostess+clubs
Cameron, Sally, and Edward Newman. “Trafficking of Filipino Women to Japan: Examining the Experiences and Perspectives of Victims and Government experts” United Nations University. Online-only journal. Accessed Nov 17. 2013. http://www.unodc.org/pdf/crime/human_trafficking/Exec_summary_UNU.pdf
- Top Human Trafficking Destination Country (proverbsbyefua.wordpress.com)
- Govt on course in human trafficking fight (times.co.zm)
- Human Trafficking Task Force Formed for Western Virginia (theroanokestar.com)
- “Sex Trafficking Court Holds Hope for the Oft-Blamed” (sentencing.typepad.com)
- New bill speeds up process of finding human trafficking victims in Oklahoma (kfor.com)
- Hotels help fight human trafficking: Chattanooga company may be first in Tennessee to get certification (timesfreepress.com)