E/CN.4/1998/79
page 19
66.
The Japanese authorities have taken the measures described in
section (i) in this connection, and self-censorship by local service providers
has proved effective in putting an end to discriminatory practices on
information networks. However, the authorities are concerned that messages of
a discriminatory nature or other unlawful or harmful information, such as
obscene or violent pictures or information, continue to appear on information
networks.
67.
The Government feels it necessary to emphasize that persons using the
Internet must display an even greater sense of ethics than when they use other
media, since the sender assumes complete legal responsibility for the
information he circulates. However, the question of the legal regulation of
the distribution of unlawful or harmful information must be examined with
care, taking due account of the need to ensure freedom of expression and the
secrecy of communications. In the Japanese Government's opinion, the measures
adopted by other countries must also be taken into account in view of the
transnational nature of the Internet.
Special Rapporteur's observations
68.
The Special Rapporteur thanks the Japanese Government for its
cooperation and the measures taken to curb the use of the Internet for racist
purposes. He hopes that the Japanese authorities, in view of their country's
lead in information technology, will take the initiative in organizing
consultations and concertations with the most advanced countries, which are
developing the information network at a rapid pace, particularly in view of
the very worrying problem of the exploitation of the Internet for racist or
xenophobic purposes.
(e)
Spain
69.
The non-governmental organizations “Asociación Pro-Derechos Humanos de
España”, “Asociación Pro-Derechos Humanos de Andalucía” and “SOS Racism” have
drawn the Special Rapporteur's attention to the Spanish Government's expulsion
and refoulement in June 1996 and January 1997 of 103 nationals of various
African countries from the towns of Melilla and Ceuta and the readmission to
the Kingdom of Morocco of 35 nationals of various African countries of the
Sub-Saharan region who had been in the Calamocaro camp at Ceuta.
Reply from the Spanish Government
70.
The Spanish Government points out that the foreigners covered by its
expulsion and refoulement action had been illegally on Spanish territory, and
that at all times legal procedures in respect of their refoulement were
complied with; it adds that none of these foreigners had requested asylum.
The internment of some of these persons in the Aliens Centres at Malaga and in
the Centre Euro-latino-américain de la jeunesse de Mollina (CEULAJ) was
authorized by a judicial decision. The operation was carried out in
cooperation with the Government of Guinea Bissau, which “had undertaken to
establish the identity of the foreigners, provide them with papers and
return them to their true countries of origin, although it did not do so
immediately ...”. Thirty-five of the foreigners were readmitted to Morocco on
23 January 1997. The communication adds that: “With respect to the stay of