Statement by JCA-NET:
JCA-NET opposes the UN Cybercrime Convention
Japanese
The United Nations Cybercrime Convention, which has been controversial for many years, is expected to be proposed and passed by the UN General Assembly in September this year. The final draft was approved by the Ad Hoc Committee for Drafting in August of this year and submitted to the General Assembly for adoption, marking a major step forward for the enactment of the Convention.
JCA-NET, together with human rights organizations and others around the world, has been expressing criticism of the Convention, including that it will significantly strengthen the global surveillance regime, resulting in a major violation of fundamental human rights, including rights of communication. We have also pointed out many problems and dangers, such as its incompatibility with the secrecy of communications clause in Article 21 of Japanese Constitution. Unfortunately, our demands have been virtually ignored, and JCA-NET again strongly urges the Japanese government to
(1) The Japanese government must oppose the adoption of the UN Cybercrime Convention at the UN General Assembly in September.
(2)The Cabinet is not authorized to conclude the Convention in violation of the Japanese Constitution[1]. If the UN Cybercrime Convention will be adopted by the UN General Assembly and go through the process of ratification by other countries, the Japanese government will not conclude the Convention.
(3)The Japanese government should not comply with the domestic legislation required by the UN Cybercrime Convention, but rather, improve the current situation of human rights violations in the field of criminal justice in Japan, which does not even meet international human rights standards[2].
September 9, 2024
JCA-NET Board of Directors
Contact：
Toshimaru(Toshi) Ogura
toshi@jca.apc.org
Background to the Issues and Demands of the UN Cybercrime Convention (Omitted)
Please refer to the Japanese page.
notes for English version.
[1] Relevant Articles of the Constitution of Japan;
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.
Article 35.The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized, or except as provided by Article 33.
Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.