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Draft Join Work Plan

Recent years have seen a rise in the number of migrant workers residing in Japan under the Technical Internship Trainee Programme (TITP), Specified Skilled Worker (SSW) scheme, and other migration pathways. As of 2023, over 500,000 migrant workers, mainly from South-East Asian countries, have arrived to fill critical labour shortages within the Japanese economy. These workers face various challenges, including language barriers, discrimination, and precarious immigration status, which can hinder their access to effective remedies should a labour dispute or business-related human rights abuse occur.

In Japan, remedies are available through a range of state and non-state mechanisms including through the courts, labour commissions, and counselling services. Migrant workers can reach out to public organisations such as Foreign Residence Support Centres (FRESC) and the Office for Technical Intern Training (OTIT), who provide consultations in a number of migrant languages. While non-state initiatives, such as JP-MIRAI who assist migrant workers by providing multilingual resources and consultations, and various Non-Governmental Organisations (NGOs) and trade unions provide consultation, advice and advocacy services to migrants. Despite these efforts, gaps remain, notably in terms of cross-border access to remedies for migrant returnees. Addressing such issues requires coordinated action between stakeholders in Japan and countries of origin.

In many cases, vulnerability to rights violations while working in Japan are rooted in insufficient or inaccurate information provided to migrants before departure. Moreover, high recruitment fees exacerbate vulnerabilities as many migrants start work in Japan heavily indebted. Japan has endorsed a zero-recruitment fee model, in line with the ILO’s Private Employment Agencies Convention, 1997 (No. 181). However, migrant countries of origin in South-East Asia are yet to ratify this Convention. Recently, various initiatives have emerged in both Japan and countries of origin to reduce recruitment fees and work towards a zero-recruitment fee model. However, further cooperation is needed to bring about meaningful change in this regard.

In recognition of the important role played by stakeholders in countries of origin, and in line with the mandate of Japan International Cooperation Agency (JICA), this survey project focuses on identifying existing initiatives regarding access to remedies in three South-East Asian countries of origin, namely Cambodia, Indonesia, and Viet Nam. It aims to develop strategies to strengthen international cooperation, policy coherence and implementation capacity.

This Joint Work Plan (JWP) seeks to provide guidance to JICA and relevant stakeholders in countries of origin, to strengthen international cooperation and facilitate knowledge sharing in order to improve rights protection and access to remedies for migrant workers deployed to Japan. The JWP consists of the following sections: key findings from the project; an explanation of the framework used to develop the JWP; mapping of existing initiatives in the selected South-East Asian countries of origin; proposed action plan for stakeholders in all the South-East Asian countries sending workers to Japan; resource mobilisation strategies; and the JWP’s management and review process.

The series of survey activities under the project has identified various key interventions assisting migrant workers travelling to Japan. Following consultations with key stakeholders, the following framework was adopted to map out those interventions.

The framework builds upon the following four pillars:

1. Grievance Mechanisms;
2. Empowerment of Migrant Workers;
3. Fair and Ethical Recruitment; and
4. Implementation Mechanism and Enabling Environment

Further details regarding each of these pillars are explained below.

A robust grievance mechanism provides migrant workers with accessible, transparent, and effective channels to address rights violations and workplace disputes. It includes both state-based remedies, such as courts and labour commissions, and non-state-based systems, such as trade unions, recruitment agency complaint systems, and civil society support. Effective mechanisms overcome barriers like language, cost, and jurisdictional complexity, ensuring timely and meaningful remedies. A well-functioning grievance mechanism deters exploitative practices, provides justice for aggrieved workers, and fosters accountability throughout the migration process.

Empowering migrant workers involves equipping them with the knowledge, tools, and support to understand their rights and access available remedies. Pre-departure training, multilingual information platforms, and ongoing support services help workers navigate complex legal, cultural, and institutional landscapes. Empowerment strengthens their resilience and fosters confidence. It reduces vulnerability to exploitation, such as human-trafficking, and enables workers to advocate for themselves and seek remedies when needed.

Fair and ethical recruitment practices eliminate exploitative fees and ensure transparency throughout the migration process. This includes the promotion of a zero-recruitment fee model and creation of mechanisms to monitor and screen malicious recruitment agencies and illegal brokers. Transparent recruitment minimises debt burdens and reduces migrants’ vulnerability to abuse. To ensure compliance and accountability within a migration process that respects workers’ rights and dignity, collaborative efforts are vital between governments in countries of origin and destination, private recruitment agencies, and employers.

Creating an enabling environment requires cohesive policies, cross-border coordination, and multi-stakeholder collaboration. Governments, recruitment agencies, civil society, bar associations, and international organisations must work together to strengthen laws, enforcement mechanisms, and institutional capacities, particularly in the promotion of business and human rights. Effective implementation mechanisms include monitoring, evaluation, and data-sharing systems to track and address grievances and ensure compliance. Promoting a culture of accountability, supported by clear frameworks and resources, is critical to building trust and ensuring long-term improvements in migrant workers’ access to remedies.

The table below summarises initiatives currently taking place, in relation to supporting migrants’ access to remedy, or being carried out to develop an enabling environment in which migrants can access remedies. It contains brief analysis of gaps addressed by each implementer, based on input obtained during the Survey’s project activities. The table focuses on initiatives taking place in Cambodia, Indonesia and Viet Nam. The proposed action plan in the next section, on the other hand, aims to address all relevant countries in South-East Asia who deploy migrant workers to Japan.

• Receive and handle complaints from aggrieved Migrant Workers (MWs) in accordance with the government rules and procedures
• Support MWs in Japan
• File civil claims or criminal complaints against actors in respective countries of origin
• Support and advise aggrieved MWs
• Provide legal counselling/support to aggrieved MWs
• Support non-judicial, non-state-based Alternative Dispute Resolution (ADR)
• RAs’ voluntary guidelines include clauses regarding RAs’ responsibilities in ensuring MWs have access to overall legal and judicial mechanisms, dispute resolution mechanisms both in Countries of Origin (CoO) and destination

• Disseminate information on Japan’s policies and regulations concerning MWs’ rights and access to remedies
• Raising awareness of rights and support with prospective migrant workers in rural areas
• Community building for compassion, coalition, and self-help for MWs

• Government regulation of recruitment fees
• Industry regulation of recruitment fees
• Improve transparency of costs, benefits, and conditions of jobs in the recruitment and placement process
• Operating a voluntary mechanism to monitor fair and ethical recruitment, and promote a zero-recruitment fee model

• Enhance cooperation between ministries, agencies, and local authorities within countries of origin
• Facilitating a regional discussion on migrants’ access to remedies
• Training in Japan to connect and train key stakeholders from CoOs
• Improving overall access to justice in countries of origin
• Promote the business and human rights agenda, and the importance of migrants’ access to remedies

The Proposed Action Plan outlines potential areas for collaboration among key stakeholders to work towards common goals. Annual Regional Meetings will review the action plan to discuss progress, challenges and future directions. This action plan is not intend to limit areas of collaboration. Additional actions can be incorporated if stakeholders identify further areas for cooperation.

• Objective 1: Exchange best practice concerning migrant workers’ access to state-based remedies among South-East Asian countries of origin
• Objective 2: Enhance government capacity to deliver state-based remedies to aggrieved migrant workers
• Objective 3: Strengthen regional collaboration among trade unions, NGOs and legal experts, to develop referral systems and/or exchange information necessary to support migrant workers access state-based and non-state-based remedies
• Objective 4: Strengthen the capacity of recruitment agencies in supporting migrant workers access remedies

• Objective 5: Strengthen stakeholders’ capacity to disseminate accurate information in a timely manner

• Objective 6: Strengthen efforts to regulate and reduce recruitment fees

• Objective 7. Enhance multi-ministries, multi-country cooperation
• Objective 8. Improve rule of law and legal protection for vulnerable people
• Objective 9. Promote the UN’s business and human rights agenda

Co-Creation Network for Actions to Protect the Human Dignity of Migrant Workers*

While country-level action and commitment are needed to help migrant workers overcome the challenges they face in accessing effective remedies, the cross-border nature of many cases and common issues present opportunities for regional collaboration to enhance and strengthen national initiatives.

As such, ILO and JICA propose the creation of a regional network, called “Co-Creation Network for Actions to Protect the Human Dignity of Migrant Workers”, for the purpose of facilitating collaboration between various stakeholders in South-East Asian countries of origin and Japan.

The Co-Creation Network may serve as a platform by which the proposed actions elaborated upon in the previous section may be realised. This may include:

i) The exchange of best practice concerning migrant workers’ access to state-based remedies among South-East Asian countries of origin;

ii) The exchange of best practice regarding the role of labour attachés in enabling migrant workers in Japan to access effective remedies. Some countries of origin, such as the Philippines and Thailand, have a longer history in supporting their nationals working in Japan. This experience may serve as a valuable resource to other, more recent, countries of origin.

iii) The opportunity to communicate relevant Japanese policy developments in a timely and systematic manner;

iv) The exchange of best practice among countries of origin concerning ethical recruitment and pursuance of a zero-recruitment fee model;

v) Opportunities to jointly identify training needs; and

vi) Facilitate networking among relevant stakeholders in the region.

Through the proposed Co-Creation Network, fruitful discussions can take place on these and other topics via online or in-person meetings. Beyond discussion on access to remedies and migration specifically to Japan, South-East Asian countries of origin will be able to share good practice more generally in terms of protecting their nationals going abroad. For example, certain countries have established policies to avoid conflicts of interest in the recruitment process that specify who can and cannot operate recruitment agencies. There are also emerging business models committed to ethical recruitment, including implementing a zero-recruitment fee model. It will be beneficial for relevant stakeholders to learn more about such strategies. More broadly, regional collaboration can reduce the risk of entrenching a race to the bottom in terms of recruitment practices. Without regional collaboration, there is a risk that employers in Japan will simply shift away from hiring workers from countries that promote the zero-recruitment fee model, and instead hire workers from countries where employers are not required to shoulder the bulk of recruitment and related cost. Employers may also shift to countries whose migrant workers are less aware and assertive of their rights.

Through regional collaboration, it is hoped that respective countries of origin will develop shared principles concerning ethical recruitment and migrant workers’ rights.

On a more practical level, it is hoped that various stakeholders, through proposed regional collaboration will find possibilities for further collaboration. For example, some stakeholders may plan similar actions to address common issues. For such issues, stakeholders could explore the possibility of jointly organising events or share strategies so that they can think of solutions together.

The implementation of this Joint Work Plan requires resources. This section aims to clarify the strategy on resource mobilization for common understanding among the concerned stakeholders. In principle, there are two channels for resource mobilization.

Utilization of existing resources and capacity will be the primary approach for advancing this JWP. Chapter 3 explained a number of existing initiatives on access to remedy conducted by the concerned stakeholders. These stakeholders will continue pursuing the initiatives, and expectedly, these initiatives will create synergies in the future by referring to this JWP.

While a large part of actions in this JWP will rely on the existing resources and capacity, the ILO and concerned stakeholders may take actions to mobilize more resources from external partners. Some concerned stakeholders have already informed the ILO that they could continue or further develop their actions or programmes if they had more resources. This JWP can be a reference material to identify who else have similar actions or ideas, so that they can collaborate for joint resource mobilization efforts, for instance.

The purpose of this Joint Work Plan is to promote cooperation and collaboration among the concerned stakeholders. By clarifying ongoing and prospective actions by different organizations in different countries, the JWP seeks to find linkages and improve coherence for actions in the region to protect rights and dignity of migrant workers. In order to meet this purpose, this document sets key principles for the management and review of the JWP.

The management and review of the JWP shall be conducted in an informal body of the Co-Creation Network. This network welcomes stakeholders that support migrant workers, including the governments, employers organizations, trade unions, associations of recruitment agencies and placement agencies, bar associations, non-government organizations and universities. Given the informal nature of this network, it does not require any formal processes to participate in or exit from the network. The organizations that the ILO has previously engaged for the development of JWP are all invited to be part of this network. The ILO and JICA will continue to take lead for facilitation of this network.

With the ILO’s lead, a periodic review of JWP will be conducted on an annual basis. The ILO and JICA will organize an annual meeting with key stakeholders to formally review the progress of the JWP. Prior to the annual meetings, online meetings and/or bilateral meetings will be conducted to ensure the JWP counts in voices of those who cannot participate in the annual meetings.

It is important to clarify that the JWP is a non-binding document. The organizations mentioned in the JWP and those who are part of the Co-Creation Network are not legally required to pursue the actions listed by any laws or restrictions. The JWP recognizes that feasibility of some actions is subject to conditions, such as availability of fundings and capacity of organizations. Any challenges that hinder the implementation of the JWP can be discussed throughout the process of the periodic review.