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STRONGLY APPEAL AGAINST THE JAPANESE
GOVERNMENT'S REFUSAL TO ISSUE VISAS TO OVERSEAS
PARTICIPANTS IN IGF KYOTO
JCA-NET
Japanese language
PDF
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2023/12/20
Table of Contents
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1. Specific cases of visa refusal
2. The Fundamental Nature of the IGF and the Responsibilities of the Japanese Government
3. The Importance of the Right to Participation to a Fair Discussion Forum
4. Japanese Government's Response Violates IGF's Code of Conduct and the Constitution of Japan
5. The Japanese government tried to use the IGF for its national interest, not for a global multi-stakeholder platform.
6. Japan has set a bad precedent for government involvement in the IGF process.
7. Regret as an organization in Japan
To:
Mr. Fumio Kishida, Prime Minister of Japan
Minister of Justice, Mr. Tatsuji Koizumi
Minister of Foreign Affairs Yoko Kamikawa
Minister of Internal Affairs and Communications
Mr. Taro Kono, Minister of Digital Media
From:
JCA-NET Board of Directors
1 Specific cases of visa refusal
================================
At the Internet Governance Forum (IGF) held in Kyoto from October 8 to
12, 2023, there were several cases of visas not being issued to
overseas participants to enter Japan (hereinafter referred to as "visa
refusal"). The following are some of the cases that JCA-NET has been
aware of.
- Japanese embassies in some African countries requested bank balance
certificates and, in some cases, proof of the house where they were
staying, even in the case of participants receiving financial
assistance from the UN Department of Economic and Social Affairs,
which serves as the IGF's secretariat. In some cases, even after
submitting these documents, the visa was denied without giving any
reason.
- There have been cases where a visa was refused to be issued even
though the applicant had the necessary invitation letter and met all
the formal requirements. There have been several cases in which the
applicant filed an appeal with the Japanese consulate against the
decision to deny the visa, but the appeals were rejected.
We assume that there are other cases that we are not aware of. We do
not know how many people were prevented from participating in the
IGF.[1]
JCA-NET strongly protests the Japanese government's refusal to issue
visas to IGF participants, regardless of the reason, and demands that
the Japanese government publicly apologize to the parties and all
stakeholders of the IGF.
2 The Fundamental Nature of the IGF and the Responsibilities of the Japanese Government
=======================================================================================
The IGF is a United Nations-sponsored conference, and as this year's
host country, the Government of Japan is also responsible for the
successful implementation of this conference. The host country is
responsible for managing the conference with the utmost respect for
the IGF as a "global multi-stakeholder platform".
About the IGF, the official web site describes the IGF as
follows.[2]
The IGF [also] gives stakeholders from all countries,
including developing countries, the opportunity to engage
in the debate on Internet governance and it contributes to
capacity building, allowing these stakeholders to build
knowledge and skills that will facilitate their
participation in existing Internet governance institutions
and arrangements. Ultimately the involvement of all
stakeholders, from developed as well as developing
countries, from governments to international
organisations, from the private sector to the civil
society, is necessary for advancing dynamic public
policies in Internet governance.
The Japanese government is responsible for preparing the conference
based on the above principles. In other words, the Government of Japan
is obligated to guarantee the right to participation from civil
society on an equal basis with government representatives and
others. In particular, guaranteeing participation from civil society
in the Global South is a priority issue. The denial of visa issuance
is an act that undermines the democratic and open forum for discussion
at the IGF itself, and is contrary to the principles of the IGF.
3 The Importance of the Right to Participation to a Fair Discussion Forum
=========================================================================
Even though the IGF is an important conference, there are vast numbers
of people in the global Internet community who cannot afford to cross
borders to participate in international conferences. The denial of
entry to one participant is tantamount to silencing the voices of the
tens or hundreds of thousands of people he or she
represents. Moreover, taking into account that government and business
persons are allowed to enter Japan, the Japanese government's refusal
to issue a visa is an act that undermines the conditions of a
multistakeholder and undermines the fairness of the discussion space
itself. In this sense, Japanese government is extremely responsible.
The denial of visas causes irreparable disadvantages not only to the
parties prevented from participating, but also to all
participants. This is because various discussions and exchanges that
would otherwise have been possible were prevented. Imagine an
international sports match. If visas were not issued to some of the
players scheduled to participate because of the host country's
intentions, that team would not be able to participate in the match or
play as they should. The unfairness of denying visas is obvious.
4 Japanese Government's Response Violates IGF's Code of Conduct and the Constitution of Japan
=============================================================================================
The refusal to issue visas, such as this one, is in violation of the
IGF's Code of Conduct. The IGF's Code of Conduct clearly states the
following
Treat all members of the IGF community equally,
irrespective of nationality, gender, racial or ethnic
origin, religion or beliefs, disability, age, or sexual
orientation; all stakeholders of the IGF community should
treat each other with civility, both face to face and
online.
Discrimination by the host country in the issuance of visas regarding
the entry of participants is a complete violation of the Code of
Conduct, which stipulates that "Treat all members of the IGF community
equally". This violation of the Code of Conduct is extremely serious
and we condemn the Japanese government in the harshest terms.
The Japanese government's refusal to issue the entry visa is also in
violation of the Japanese government's obligation to comply with the
Constitution of Japan. The Constitution clearly states the following.
Article 21. Freedom of assembly and association as well as
speech, press and all other forms of expression are
guaranteed. No censorship shall be maintained, nor shall
the secrecy of any means of communication be violated.
The refusal to issue a visa is meant to deprive a party of his or her
freedom of speech and expression. Furthermore, Article 14 of the
Constitution prohibits the government from discriminating in
political, economic, and social relations on the basis of "race,
creed, sex, social status, or family origin". The denial of visa
issuance is a discriminatory measure that also violates this
constitutional principle, and we cannot tolerate it.
5 The Japanese government tried to use the IGF for its national interest, not for a global multi-stakeholder platform.
======================================================================================================================
We would like to mention the political use of the IGF by the Japanese
government, which is behind the refusal of visa issuance.
The Japanese government repeatedly emphasizes "the development of the
free and open Internet which leaves no one behind. [3]The Japanese
government has acted inconsistently by saying that "no one will be
left behind" but refusing to issue visas to participants in the
conference. In the first place, the Japanese government's "free and
open Internet" is merely a paraphrase of the "Dependable Free Flow of
Data (DFFT)" that the Japanese government promotes. DFFT is a policy
based on national interests advocated by then Prime Minister Shinzo
Abe at the World Economic Forum in January 2019 and included in the
leaders' declaration at the G20 in June 2019.[4]
The Japanese government's information and communications-related
diplomacy has never seriously addressed the growing problem of
Internet shutdowns and censorship in the Global South. Nor has it ever
adopted a policy that emphasizes open source over intellectual
property rights. In Gaza, which is currently suffering from a serious
genocide, Israel has controlled the Internet for years, even before
October 7. The Japanese government has not even attempted to support
an open and free Internet in Gaza. The "free and open Internet where
no one is left behind" is propaganda without substance. And the DFFT
is a geopolitical framework to maintain the existing system of
exploitation of data in the Global South by ICT multinationals in
developed countries, including Japan, while at the same time defending
the system of global surveillance capitalism with the 5eyes+
countries. The Japanese government was only interested in using the
IGF for national policy and did not understand the significance of
multi-stakeholder in the first place, and as a result, took an
irresponsible approach to the entry of participants from the Global
South.
6 Japan has set a bad precedent for government involvement in the IGF process.
==============================================================================
The IGF is held annually in some country. The host country must
fulfill its responsibility to ensure space for participation and free
speech for all parties, including visa issuance. The host government
should not use the IGF for its own national policy or interests. The
host country should not allow special speeches by the host country's
leaders or others, or allow the host country to set up meetings with
privileges. Even the host country should be on an equal footing with
the other participants, and should be committed to providing places
for open discussion. This is the minimum requirement for an inclusive
multi-stakeholder approach in Internet governance.
We are concerned that the IGF will continue to be used for national
policy and privileged use of the meeting spaces, as is the case with
the Japanese government. We must not allow participation from outside
the country to be restricted, or the free speech and actions of
domestic activists during the conference to be suppressed after the
conference is over. If such host country behavior is allowed to
continue, the IGF will undermine the inclusive multi-stakeholder
approach at its core. This is a serious problem for civil society
participation in Internet governance. The Japanese government's
management of this IGF sets a bad precedent. In this sense, the
Japanese government bears a great deal of responsibility.
7 Regret as an organization in Japan
====================================
JCA-NET participated in the IGF. In addition, leading domestic
organizations related to the Internet and information and
telecommunications have also participated in the IGF, partly in
coordination with the Japanese government. Despite this, the
worst-case scenario of refusal to issue visas to participants from the
Global South could not be prevented. This shows that not only the
Japanese government, but also Japanese civil society did not fully
understand the importance of participation from the Global South and
its multi-stakeholder significance. It is also evidence that Japanese
civil society has not been able to play a sufficient role in
monitoring the government's activities.
JCA-NET was informed of the visa denial by APC, but failed to take
adequate action. As a result, many of our friends were unable to enter
Japan, and JCA-NET could have negotiated with the Ministry of Foreign
Affairs and the Ministry of Internal Affairs and Communications from
within Japan in advance. We sincerely apologize for our inability to
take sufficient action in spite of our efforts. In the future, there
is a possibility that similar refusals to issue visas to participants
from abroad at international conferences and other events may occur.
------------
For inquiries about this statement, please contact
JCA-NET Board of Directors
Director (Representative) Toshimaru Ogura
toshi@jca.apc.org
Footnotes
_________
[1] Below are remarks from IGF participants referring to cases where
visas were not issued; IGF 2023 - Day 4 - Open Mic - Taking Stock -
RAW
https://www.intgovforum.org/ar/content/igf-2023-%E2%80%93-day-4-%E2%80%…
[2] October 13, 2023.
https://web.archive.org/web/20231013185626/https://www.intgovforum.org/…
The description has now been changed.
[3] There are several references to the IGF in the ministerial
statement of the G7 Digital Ministerial Meeting this spring. For
example.
"We strongly support and promote an inclusive
multi-stakeholder approach to Internet governance. We
strengthen our support for the UN Internet Governance
Forum (IGF) as the leading multi-stakeholder forum for
discussing Internet policy. We commit ourselves to a
concerted effort to ensure the success of IGF2023 in
Kyoto, Japan, including strengthening our partnerships
with domestic, regional, and global stakeholders."
https://www.soumu.go.jp/main_content/000879093.pdf
In his opening speech, Prime Minister Kishida said, "I am convinced
that the Internet must remain open, free, global, interoperable,
secure, and trustworthy in order to promote reliable and free data
distribution (DFFT) and to continue contributing to human development
".
https://www.kantei.go.jp/jp/101_kishida/actions/202310/09igf_opening.ht…
Digital Minister Kono also participated in the IGF to promote the
international framework approved by the G7 to materialize the DFFT.
https://www.digital.go.jp/news/aa61bed1-1c3e-4247-bb8c-d748010d9ea1