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EU: Is the Additional Protocol on racism and xenophobia to the Council of Europe's Cybercrime Convention dead?

01 June 2007

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The Additional Protocol on racism and xenophobia: Protocol - full-text (pdf) List of signatories and ratifications of the Protocol on racism (COE, link) As at 5 June 2007 just 20 signatories states and 11 ratifications - only 6 EU member states have ratified the Protocol and only 19 out of 27 EU member states are signatories. Eight EU member states have not even signed up to the Protocol, including the UK. Nor has the USA signed the Protocol on racism.

At the EU-US informal High Level meeting on Freedom, Security and Justice on 2-3 March 2006 in Vienna (EU do no: 7618/06) the minutes say::

"US side is worried by the proposal recently made to negotiate a Protocol to this convention. All efforts should be devoted to the ratification of the Convention. The Presidency indicated that it would defend this position at the forthcoming meeting of the CDPC in Strasbourg."

NB: The Council "Presidency" was Austria - which has signed the Protocol but not ratified it.

Background: European Commission Communication on Cyber-crime (pdf) Commission press release (pdf) As this Communication does not contain a proposed measure the Commission notes that all EU member states are signed up to the Council of Europe Convention on Cybercrime. However, out of 27 member states only 11 have ratified it and brought it into force and 16 have not even ratified it. The only non-EU state which is a signatory, the USA, ratified it in 2006 and it came into force on 1 January 2007. The USA only joined the lengthy discussions on the CoE Convention at a late stage and significant changes.were introduced: Final CoE Convention; Explanatory report and List of Signatories and state of ratifications (COE, link). See also: EU data protection advisers issue highly critical report on draft Cyber crime Convention (link)up

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