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CHILD RIGHTS COMMITTEE REVIEWS REPORTS OF REPUBLIC OF KOREA UNDER PROTOCOLS ON SALE OF CHILDREN AND CHILDREN IN ARMED CONFLICT
23 May 2008
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Committee on the Rights
of the Child
23 May 2008
The Committee on the Rights of the Child today considered the reports of the Republic of Korea under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Optional Protocol on children in armed conflict.
Doo-hyoon Kim, Director-General of the Child and Youth Activities Bureau within the Ministry for Health, Welfare and Family Affairs of the Republic of Korea, said that the Convention on the Rights of the Child and its Optional Protocols had a strong influence on the Republic of Korea to promote the rights of the children. Concerning the implementation of the Optional Protocol on the involvement of children in armed conflict, the involvement of children under 18 in armed conflict was strictly prohibited by law under any circumstances. Several amendments of national laws had been adopted since 1999 limiting the age to 18 in compliance with the Protocol. As for implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, trafficking was a grave crime, and punished under several laws in the Republic of Korea. Cases of child trafficking had not been found in the Republic of Korea so far. Comprehensive measures had also been established for child protection and safety against prostitution and pornography. Moreover, a monitoring commission had been established under the office of the Prime Minister in order to eliminate and prevent crimes related to child prostitution and pornography.
In her preliminary observations, Alya Ahmed Bin Saif Al- Thani, the Committee Expert acting as Rapporteur for the report under the Optional Protocol on children in armed conflict, said that positive moves had been seen, such as creation of the National Human Rights Commission, and the ongoing discussion in Korea about the banning of corporal punishment in all schools.
Rosa Maria Ortiz, the Rapporteur for the report under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, also in preliminary observations, noted efforts made by the Republic of Korea in dealing with trafficking, child prostitution and child pornography. The legislation had just been revised and was relatively advanced; however, it would need to be further adjusted to cover all the aspects of the protocol. The definition of children in the different instruments had to be clarified, and maybe a harmonization of the domestic laws should be considered in the future. Government officials needed training in the area of the protection of the rights of the child, and the principles of the overriding interest of the child. Those who committed crimes against children also needed to be prosecuted, and the coordination between the relevant government authorities should be further strengthened. A National Action Plan should be drawn up, in cooperation of all actors, including children, schools and the media. With regard to adoption, the Committee believed there was awareness and possibilities of abuse. Ratification of the Hague Convention would be of significant importance.
The Committee will release its formal, written concluding observations and recommendations on the reports of the United States towards the end of its three-week session, which will conclude on Friday, 6 June.
The delegation of the Republic of Korea also included other representatives from the Permanent Mission of the Republic of Korea, as well as from the Ministry of Justice and the Ministry of Gender Equality.
When the Committee next reconvenes in public, at 10 a.m. on Tuesday, 27 May, it will take up the initial report of the Republic of Serbia under the Convention on the Rights of the Child (CRC/C/SRB/1).
Report of the Republic of Korea on the Protocol on the Sale of Children, Child Prostitution and Child Pornography
The initial report of the Republic of Korea (CRC/C/OPSC/KOR/1) notes that the Republic of Korea has established the Child Policy Coordinating Committee, which facilitates and coordinates the implementation of policies regarding children among relevant ministries. The National Youth Commission 2005 oversees the functioning of youth-related policies and implements measures for the protection and development of youth and the enrichment of youth welfare. The Republic of Korea incorporated international treaties into its domestic law: a signed and declared international treaty had the force and effect of domestic law without the need for any additional process. The Government was also making efforts to incorporate the majority of the Convention on the Rights of the Child's provisions into domestic law and to ensure their implementation in protecting and enhancing the rights of children by adopting appropriate administrative and legislative measures.
Report of the Republic of Korea on the Protocol on Children in Armed Conflict
The initial report of the Republic of Korea (CRC/C/OPAC/KOR/1) says the Republic of Korea remains committed to protecting children from involvement in armed conflict by respecting the principles of the Convention and the Protocol, including those principles related to non-discrimination, the best interest of the child, survival and development, and guarantee for safety, as well as freedom of participation and expression. Major national measures include the raising of the minimum age for voluntary enlistment for active service in the armed forces and an amendment to a specific provision in the Air Force Regulation that had formerly stipulated that any person under the age of 18 among students at the Air Force Aerial Science High School would perform basic war duties during war time. The Republic of Korea complied with the provisions of the Protocol. Currently, there was no case of any violation of the Protocol.
Presentation of the Reports
DOO-HYOON KIM, Director-General of the Child and Youth Activities Bureau in the Ministry for Health, Welfare and Family Affairs of the Republic of Korea, said that the Convention on the Rights of the Child and its Optional Protocols had a strong influence on the Republic of Korea to promote the rights of the children. Since the establishment of Korea's Children’s Day, the eighty-sixth anniversary of which was celebrated last May, many pioneers in the field of children's rights had successfully striven to make important advances such as the adoption of a Children’s Charter in 1948. However, despite a long history of efforts, violation of children’s rights still existed. The delegation therefore welcomed a constructive discussion with the Committee and was looking forward to its recommendations.
Acknowledging the value and importance of cooperation between civil society and government authorities, non-governmental organizations had been involved in the drafting of the report, Mr. Kim said. In order to strengthen the implementation of the Optional Protocol on the involvement of children in armed conflict, the Government had established a National Youth Commission, a Child Policy Coordinating Committee and a Children's Right Monitoring Centre. In order to raise awareness, the Government had made efforts to disseminate information in partnership with civil society organizations. The Government was also in the process of developing various teaching materials for children, with human rights education and promotion expected to be targeted more actively by teachers, police, children and general public.
Concerning the implementation of the Optional Protocol on the involvement of children in armed conflict, the involvement of children under 18 in armed conflict in the Republic of Korea was strictly prohibited by law under any circumstances, Mr. Kim stressed. Several amendments of national laws had been adopted since 1999 limiting the age to 18 in compliance with the Protocol.
Turning to implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, Mr. Kim noted that trafficking was a grave crime, and punished under several laws in the Republic of Korea. Cases of child trafficking had not been found in the Republic of Korea so far. Comprehensive measures had been established for child protection and safety against prostitution and pornography. Moreover, a monitoring commission had been established under the office of the Prime Minister in order to eliminate and prevent crimes related to child prostitution and pornography. The distribution and production of child pornography was forbidden and offenders punished. Direct responsibility was placed on service providers, and a process to particularly punish communication networks had been established. A revision of registration of electronic tracking systems had been agreed on yesterday, which would take effect in September this year.
Sexual offenders were generally punished, except if the victim expressed his/her wish that the offender would not be punished, Mr. Kim continued. In order to expand facilities for victims of child prostitution, in 2004, the Government had enacted a specific law on the prevention of sexual trafficking, under which medical expenses of victims were covered by Government and institutions for such victims had been established in hospitals nationwide. Specialized police officers and prosecutors investigated these cases, taking into account the age and circumstances of the victims. It was possible for victims to give their testimony via video statements, as a further protection. Education of the youth to support their independence and self-support had been developed.
Furthermore, the Government had set up a task force in Prosecutor's Office and National Police offices to prevent overseas travel for prevention of overseas prostitution which was also criminalized under national law, Mr. Kim added. If citizens committed sex crimes against children outside of the country, the Government made every effort to find out the facts and punish the offenders through acts of international cooperation.
These accomplishments had been possible due to international support, strong government will and the participation of non-governmental organizations, Mr. Kim explained. However, despite these efforts, sexual crimes still existed. In order to solve these problems, Committee members were asked to suggest some solutions, which would be welcomed and implemented by the delegation. The Republic of Korean delegation saw this meeting as an important step in improving the situation of children in the country.
Questions by the Experts on the Optional Protocol on the involvement of children in armed conflict
ALYA AHMED BIN SAIF AL-THANI, Committee Expert serving as rapporteur for the report, said that the Committee was pleased to see the ongoing commitment of the Republic of Korea to the protection of children, which had been one of the first countries to sign the Optional Protocol on the involvement of children in armed conflict. Amendments of several national laws had ensured that the minimum age of 18 to join the armed forces complied with the provisions of the Optional Protocol.
Turning to questions, Ms. Al-Thani asked for clarification on whether the provisions of the Protocol could be applied directly if its contents were not reflected in the national laws. She also wished to know what the relationship was between the various monitoring bodies in charge of monitoring compliance with the Optional Protocol; what specific activities had been carried out to raise awareness and provide training on its provisions; what the role and responsibilities of the national human rights commissionwere; and what efforts had been made to reach volunteers for the armed forces?
Concerning the establishment of military academies, Ms. Al-Thani noted that persons had to be older than 17 and younger than 21. Did that mean that children of 17 could take part in military training? Were there specific provisions in domestic laws related to recruitment that dealt with exceptional situations of children under 18 in armed conflict that could arise in the future? She also wished to know if corporal punishment in military schools prohibited by law.
Other questions by Experts related to the status of asylum-seekers and refugee children who may have been involved in armed conflict; whether the Republic of Korea, which had a robust arms export industry, had laws preventing the sale of arms to countries using child soldiers; sexual and emotional bullying in military schools and investigations of such cases; measures to punish the recruitment of children for use in hostilities outside the country; and whether there were exceptions to the age limit of 18 for recruitment into the armed forces. Experts also asked for more information on the inclusion of human rights and peace matters in military school curricula; the dissemination and knowledge of the Optional Protocol on the involvement of children in armed conflict; and training of peacekeeping forces on the provisions of the Optional Protocol and the Convention. An Expert also wondered whether the Republic of Korea had ratified the Ottawa Convention on the Prohibition of Landmines.
Response by the Delegation
Regarding the legal status of the Optional Protocol, the delegation said it could not be in conflict with domestic legislation as international treaties were directly applicable. As for domestic application of the Protocol, the Constitutional Court had not yet used it. However, the Constitutional Court and the courts had the experience to use some of the contents of international human rights laws in their cases.
Concerning the Children's Monitoring Centre, that had been established as a pilot project in 2007 and an ombudsperson's centre with 10 ombudspersons was planned, the delegation noted. Different voices from children in different sectors were meant to be heard through those diversified channels, and the Centre's major function was the evaluation of the situation of those children from the child's point of view. The reports of the Centre were reflected in national policies. As it had only been a short time since the Centre's establishment, a lot more remained to be done.
On the issue of raising awareness on the Protocol, the delegation agreed that in-depth promotion activities had to be provided together with non-governmental organizations. There had been some activities, however, there was still a lot more to be done. An effort had been made on the governmental level to provide more information to parents, government officials and those working in childcare facilities.
The provisions of the Optional Protocol on the involvement of children in armed conflict were not yet reflected in the education curriculum, the delegation acknowledged.
Regarding weapons exporters, efforts were currently being undertaken to try to block exports to countries using child soldiers, especially of small weapons. The Government had submitted a national report on this issue, and it had attended a seminar on the tracking and marking of small weapons. While some small arms and other military items sales had been reported, there were very strict rules imposed by the Government to prohibit arms sales to those who used child soldiers.
The minimum age of military service was 18, and even in wartime military academy students were not allowed to get involved anymore. Thus, there was a strict policy forbidding children under 18 from involvement in armed conflict under any circumstances, the delegation underscored. Military academies were seen as a university, not as a military institution, so that students could go to these schools from the age of 17 onwards.
Concerning sexual harassment at military academies, sexual education programmes were provided in those schools. Training was in particular provided to persons in charge of monitoring in the military service, who had been provided with specialized education in cooperation with the Gender Equality Department on a regular basis.
Regarding the Ottawa Convention, it was impossible for the Republic of Korea to remove all the landmines between North and South Korea within 10 years, the delegation explained. However, efforts to remove landmines were envisaged. The Republic of Korea was safely managing the landmines. There were no plans to reduce the stockpiles of landmines which were kept for defence against South Korea. Once the Republic of Korea joined the Ottawa Convention it would comply with its provisions, but at the moment, this was impossible due to the political situation.
Turning to the issue of unaccompanied child refugees, the delegation clarified that children coming from North Korea to South Korea were not seen as refugees, as under the Constitution both North Koreans and South Korean were considered citizens. The documents of children from other countries were examined to identify their refugee status. A medical examination, including the provision of necessary medicines, was also conducted. Refugee children were provided with resident permits, which enabled them to enjoy the same rights as a refugee, such as education and social rehabilitation programmes. There was a plan to establish a refugee support centre.
The Republic of Korea had ratified the Rome Statute of the International Criminal Court in 2001, and had established domestic measures for its implementation, the delegation said. In 2007, laws regarding the International Criminal Court were adopted. All crimes enshrined in the Statute were now punishable, including the strict prohibition of children under 15 in armed conflict. That act equally applied to Koreans and aliens on the territory of Korea, as well as Koreans outside of the Republic of Korea and foreigners on the territory of the Republic of Korea after committing a crime outside the country.
The Republic of Korea had dispatched troops to Iraq and other foreign countries in order to support non-military peacekeeping activities. The soldiers were provided with children’s rights-related training before their deployment, but there were issues in this regard. The delegation assured the Committee that the Republic of Korea would enhance educational programmes in respect to soldiers to be deployed in the future according to recommendations of the Committee.
The Government was working on legislation prohibiting corporal punishment of children and enhancing the education of teachers on children’s rights. Cases where teachers had used corporal punishment had been brought to court, and only in outstanding cases had corporal punishment been allowed; in cases of unjustified corporal punishment teachers had been dismissed.
Concerning the possibility for exceptions to the recruitment age of 18, the delegation said there was so far no case of a North Korean soldier integrated into South Korean armed forces before the age of 18. If a North Korean soldier accidentally came to South Korea and was meant to be returned to North Korea, his situation was examined and a decision about his return made.
Preliminary Concluding Remarks on Report under Optional Protocol on the involvement of children in armed conflict
ALYA AHMED BIN SAIF AL-THANI, the Committee Expert serving as Rapporteur for the Report, said that some positive movement had been demonstrated in this area, such as the establishment of the National Human Rights Commission, and the ongoing discussion in the Republic of Korea about the banning of corporal punishment in all schools. There were a number of issues that had to be worked on, however, and those would be addressed in the Committee's final observations and recommendations.
Questions by the Experts on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report under the Protocol on the Sale of Children, Child Prostitution and Child Pornography, said the Committee had observed with pleasure the laws adopted and amended by the Republic of Korea in this area, and the establishment of a special task force for the protection of the rights of the children in order to comply with the Protocol.
Ms. Ortiz noted that the Republic of Korea had made a reservation when ratifying the Protocol, and expressed her concerned that the reserved article would be of great support for the Republic of Korea in terms of dealing with adoption and other issues. In that conection, she asked why Korea had not ratified the Hague Convention on Adoption, and if there were plans to revoke the reservation to the Protocol.
Ms. Ortiz noted with satisfaction the various youth commissions and monitoring centres established by the State party. In that regard, she wondered how the bodies involved in the monitoring of prostitution were coordinated in practice, and what the relationships were between the different bodies. What was the Committee of Human Rights of Korea’s degree of autonomy and to what point was the Commission prepared to address the rights of the child, she asked. She also asked for more data on issues other than prostitution covered by the Protocol, i.e. on the sale of children and child pornography.
Questions by the Experts related to infringements concerning the sale of children prosecuted by Korean law and illegal adoption; prosecution of prostitution only on formal complaint by the victim; violence and aggression against children; sexual relations between adults and children; universal competence of the law courts for crimes committed overseas by a Korean nationals or with a Korean victim; criminalization of possession of child pornography; whether pornographic cartoons were criminalized as child pornography; the location of the new Human Rights Monitoring Agency; the criminalization of sex tourism; the minimum age for marriage; the definition of prostitution and child prostitution; sex offences by children against children; prosecution of sexual offenders only with agreement of the victim; training for law enforcement officers and public awareness raising campaigns; and measures to deal with Internet chat leading to sexual abuse.
In further questions, Experts asked if there was a risk of stigma attached to victims so that reintegration would be difficult; what were the status and rights of children from North Korea; and about arranged international marriages between Korean men and underaged Asian women.
Answers by the Delegation
In the Republic of Korea there were a lot of ministries that were connected by their work in the area of child protection, the delegation said. There were plans for the establishment of one single health and welfare family department. However, each issue regarding the rights of the child was specific in nature and required specific measures, which were addressed by different government authorities. Nevertheless, in order to address and streamline all issues the Government was actively working on the establishment of a health and welfare family department.
As for the status of the National Human Rights Commission, it was strictly separate from the Government, the delegation affirmed.
Regarding prevention of prostitution over the Internet, there was a need to think about this issue. An evaluation of the level of chatting space between children and adults had been made; however, the Government could not eradicate all possibility of chats between children and adults. An option was the signing in through ID numbers of parents. There were also obligations for service providers to report such chats between children and adults; the same was valid for television programmes, with a protection time frame from 6 p.m. to 6 a.m. for adult programming aimed for by the Government.
The delegation noted that the Republic of Korea had plans to launch campaigns to prevent prostitution, targeting men between 20 and 30. One campaign in subway stations and airports had already been launched to promote the campaign against prostitution. Among anti-prostitution initiatives were a textbook aimed at combating prostitution and child sexual exploitation; and the proclamation of 22 February as a day against prostitution, in order to increase awareness of the public.
On adoption, measures to punish illegal adoption were included in the national laws, the delegation said. Adoption was carried out by specific agencies on the basis of legal documents and approval by government authorities. An agency which did not respect the adoption rules could be closed down for 6 months, or the adoption decision would be withdrawn. The Republic of Korea had heard from a number of its partners in children's rights promotion, such as the Committee on the Rights of the Child, that it should establish a single agency to deal with all children's issues. However, internal evaluation had shown that there was currently no means to establish such an agency.
Further Questions by Experts
Experts expressed further concerns regarding the lack of data on adoption issues from the adoption agencies in the Republic of Korea, which led to the assumption that the Government had not yet taken full control over the adoption process. They also asked what sanctions were given for illegal adoptions, as well as violations of the Convention involving the internet.
Further Answers by the Delegation
The delegation said that after the Korean War had started, there had been an increasing number of internal and inter-country adoptions, which had been seen as a good signal. In 2007, having analysed domestic adoption, an improvement in institutions had been made. The reason not to ratify the Hague Convention was that at this point the domestic laws were in conflict with the Hague Convention as there was no domestic provision to apply to inter-country adoption. Studies would be undertaken if the domestic laws could be amended in order to make them comply with the Protocol and thus enable the Republic of Korea to ratify the Hague Convention. However, the delegation stressed that it was not easy to revise the civil law system, in particular as there were several ways to adopt.
Concerning punishment for criminal offenders, prosecution was currently only possible with the agreement of the victim. If the victim was an adult, this provision could not be revised. However, when the victim was a child who clearly expressed that it did not want to see the offender, the offender could still be punished.
Concerning the criminalization of trafficking, prostitution or pornography, all those who produced, distributed or exported child pornography were punished, the delegation affirmed. Cartoons could in principle fall under the definition of a crime under criminal law. Concerning the possession of child pornography, the possession alone could be punishable. As for the treatment of the victims of sex crimes, this was not yet 100 per cent compulsory. Victims could choose whether they wanted to have that treatment, so rather than compulsory treatment the Government was providing treatment but let the victim make the decision. Treatment was provided by local authorities free of costs.
In order to prevent the dissemination of child pornography material, more measures had to be implemented. To that end, an awareness-raising campaign and training programmes for children and parents had been established, the delegation said.
Concerning the issue of arranged international marriages, the delegation began by noting that the minimum age for marriage had been raised to 18 for both genders. As such, it was almost impossible for foreign children under 18 to come to the Republic of Korea as part of a marriage.
Concerning a child victim in court suffering from the encounter with the offender, the child victim could use video recording, or be placed behind a screen, so that it did not have to meet face to face with the offender. Psychological support was given to child victims under 13. Intercourse with children under 17 years old was a specific crime, which was prosecuted in private, and sometimes personal protection was given to the victim. Police officers were given annual education and training in this area.
With regard to the victims of prostitution, the delegation reiterated that victims should not be punished and that it was in fact very rare that victims were punished. The delegation stressed that it was very difficult to identify voluntary or non-voluntary prostitution. When it came to children under 13 involved in prostitution, a decision of protective custody would be made.
Two laws punishing prostitution were seen as protection measures for the victims of prostitution: shelters were provided for victims through the investigation until the end of the procedures; and counselling services were provided for child victims under 13 in specific counselling centres. There were no rehabilitation shelters for boy victims, the delegation observed.
Turning to the question of data collection, the delegation said regarding investigation information for police or prosecution, the current crime statistical system was dealing with the statistics for each crime. It was true that the government lacked the information regarding victims, and in order to improve that issue, the whole crime system had to be revised, which was not easy. The government could not integrate all data from different sources in the report, as it needed the approval of the victims. The data was managed by different agencies, but in the future, the report would be gender disaggregated.
The delegation drew attention to the fact that 106 billion Yuan had been invested in child protection and gender equality. The funding came from the central government, but the local authorities provided almost the same amount of money. One trillion Yuan were for babies and younger children, in addition to 70 billion from the central government. This budget was not reflected in the statistics in the report.
Concerning the definition of the sale of children in differentiation from trafficking, and how the sale of children was punished, the delegation said that the Child Welfare Act provided the same definition as the Optional Protocol as “sell or buy for money or valuables”. Sale of children was punishable under the Act and under the Act on Punishment for Prostitution, which defined the sale of the child for those who were using pictures of children with the purpose to trigger interest as the sale of the child.
Preliminary Concluding Remarks on Report under Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
ROSA MARIA ORTIZ, Committee Expert serving as Rapporteur for the report, in preliminary concluding observations, thanked the delegation and the Korean interpreters for the enormous efforts made throughout the day. Despite the difficulties related to language, the good will of the delegation to carry out a dialogue had been visible. This was not a very simple treaty, and the Committee had seen the efforts made by the Republic of Korea in dealing with trafficking, child prostitution and child pornography. The legislation had just been revised and was relatively advanced; however, it would need to be further adjusted to cover all the aspects of the protocol. The definition of children in the different instruments had to be clarified, and maybe a harmonization of the domestic laws should be considered in the future.
Government officials needed training in the area of the protection of the rights of the child, and the principles of the overriding interest of the child, Ms. Ortiz noted. Those who committed crimes against children also needed to be prosecuted, and the coordination between the relevant government authorities should be further strengthened. A National Action Plan should be drawn up, in cooperation of all actors, including children, schools and the media. With regard to adoption, the Committee believed there was awareness and possibilities of abuse, and that therefore the law of the Republic of Korea had to state that the sale of children was unlawful. National and international adoptions should be properly regulated and authorized by competent authorities. In that respect, the ratification of the Hague Convention would be of significant importance.
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For use of the information media; not an official record
of the Child
23 May 2008
The Committee on the Rights of the Child today considered the reports of the Republic of Korea under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Optional Protocol on children in armed conflict.
Doo-hyoon Kim, Director-General of the Child and Youth Activities Bureau within the Ministry for Health, Welfare and Family Affairs of the Republic of Korea, said that the Convention on the Rights of the Child and its Optional Protocols had a strong influence on the Republic of Korea to promote the rights of the children. Concerning the implementation of the Optional Protocol on the involvement of children in armed conflict, the involvement of children under 18 in armed conflict was strictly prohibited by law under any circumstances. Several amendments of national laws had been adopted since 1999 limiting the age to 18 in compliance with the Protocol. As for implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, trafficking was a grave crime, and punished under several laws in the Republic of Korea. Cases of child trafficking had not been found in the Republic of Korea so far. Comprehensive measures had also been established for child protection and safety against prostitution and pornography. Moreover, a monitoring commission had been established under the office of the Prime Minister in order to eliminate and prevent crimes related to child prostitution and pornography.
In her preliminary observations, Alya Ahmed Bin Saif Al- Thani, the Committee Expert acting as Rapporteur for the report under the Optional Protocol on children in armed conflict, said that positive moves had been seen, such as creation of the National Human Rights Commission, and the ongoing discussion in Korea about the banning of corporal punishment in all schools.
Rosa Maria Ortiz, the Rapporteur for the report under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, also in preliminary observations, noted efforts made by the Republic of Korea in dealing with trafficking, child prostitution and child pornography. The legislation had just been revised and was relatively advanced; however, it would need to be further adjusted to cover all the aspects of the protocol. The definition of children in the different instruments had to be clarified, and maybe a harmonization of the domestic laws should be considered in the future. Government officials needed training in the area of the protection of the rights of the child, and the principles of the overriding interest of the child. Those who committed crimes against children also needed to be prosecuted, and the coordination between the relevant government authorities should be further strengthened. A National Action Plan should be drawn up, in cooperation of all actors, including children, schools and the media. With regard to adoption, the Committee believed there was awareness and possibilities of abuse. Ratification of the Hague Convention would be of significant importance.
The Committee will release its formal, written concluding observations and recommendations on the reports of the United States towards the end of its three-week session, which will conclude on Friday, 6 June.
The delegation of the Republic of Korea also included other representatives from the Permanent Mission of the Republic of Korea, as well as from the Ministry of Justice and the Ministry of Gender Equality.
When the Committee next reconvenes in public, at 10 a.m. on Tuesday, 27 May, it will take up the initial report of the Republic of Serbia under the Convention on the Rights of the Child (CRC/C/SRB/1).
Report of the Republic of Korea on the Protocol on the Sale of Children, Child Prostitution and Child Pornography
The initial report of the Republic of Korea (CRC/C/OPSC/KOR/1) notes that the Republic of Korea has established the Child Policy Coordinating Committee, which facilitates and coordinates the implementation of policies regarding children among relevant ministries. The National Youth Commission 2005 oversees the functioning of youth-related policies and implements measures for the protection and development of youth and the enrichment of youth welfare. The Republic of Korea incorporated international treaties into its domestic law: a signed and declared international treaty had the force and effect of domestic law without the need for any additional process. The Government was also making efforts to incorporate the majority of the Convention on the Rights of the Child's provisions into domestic law and to ensure their implementation in protecting and enhancing the rights of children by adopting appropriate administrative and legislative measures.
Report of the Republic of Korea on the Protocol on Children in Armed Conflict
The initial report of the Republic of Korea (CRC/C/OPAC/KOR/1) says the Republic of Korea remains committed to protecting children from involvement in armed conflict by respecting the principles of the Convention and the Protocol, including those principles related to non-discrimination, the best interest of the child, survival and development, and guarantee for safety, as well as freedom of participation and expression. Major national measures include the raising of the minimum age for voluntary enlistment for active service in the armed forces and an amendment to a specific provision in the Air Force Regulation that had formerly stipulated that any person under the age of 18 among students at the Air Force Aerial Science High School would perform basic war duties during war time. The Republic of Korea complied with the provisions of the Protocol. Currently, there was no case of any violation of the Protocol.
Presentation of the Reports
DOO-HYOON KIM, Director-General of the Child and Youth Activities Bureau in the Ministry for Health, Welfare and Family Affairs of the Republic of Korea, said that the Convention on the Rights of the Child and its Optional Protocols had a strong influence on the Republic of Korea to promote the rights of the children. Since the establishment of Korea's Children’s Day, the eighty-sixth anniversary of which was celebrated last May, many pioneers in the field of children's rights had successfully striven to make important advances such as the adoption of a Children’s Charter in 1948. However, despite a long history of efforts, violation of children’s rights still existed. The delegation therefore welcomed a constructive discussion with the Committee and was looking forward to its recommendations.
Acknowledging the value and importance of cooperation between civil society and government authorities, non-governmental organizations had been involved in the drafting of the report, Mr. Kim said. In order to strengthen the implementation of the Optional Protocol on the involvement of children in armed conflict, the Government had established a National Youth Commission, a Child Policy Coordinating Committee and a Children's Right Monitoring Centre. In order to raise awareness, the Government had made efforts to disseminate information in partnership with civil society organizations. The Government was also in the process of developing various teaching materials for children, with human rights education and promotion expected to be targeted more actively by teachers, police, children and general public.
Concerning the implementation of the Optional Protocol on the involvement of children in armed conflict, the involvement of children under 18 in armed conflict in the Republic of Korea was strictly prohibited by law under any circumstances, Mr. Kim stressed. Several amendments of national laws had been adopted since 1999 limiting the age to 18 in compliance with the Protocol.
Turning to implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, Mr. Kim noted that trafficking was a grave crime, and punished under several laws in the Republic of Korea. Cases of child trafficking had not been found in the Republic of Korea so far. Comprehensive measures had been established for child protection and safety against prostitution and pornography. Moreover, a monitoring commission had been established under the office of the Prime Minister in order to eliminate and prevent crimes related to child prostitution and pornography. The distribution and production of child pornography was forbidden and offenders punished. Direct responsibility was placed on service providers, and a process to particularly punish communication networks had been established. A revision of registration of electronic tracking systems had been agreed on yesterday, which would take effect in September this year.
Sexual offenders were generally punished, except if the victim expressed his/her wish that the offender would not be punished, Mr. Kim continued. In order to expand facilities for victims of child prostitution, in 2004, the Government had enacted a specific law on the prevention of sexual trafficking, under which medical expenses of victims were covered by Government and institutions for such victims had been established in hospitals nationwide. Specialized police officers and prosecutors investigated these cases, taking into account the age and circumstances of the victims. It was possible for victims to give their testimony via video statements, as a further protection. Education of the youth to support their independence and self-support had been developed.
Furthermore, the Government had set up a task force in Prosecutor's Office and National Police offices to prevent overseas travel for prevention of overseas prostitution which was also criminalized under national law, Mr. Kim added. If citizens committed sex crimes against children outside of the country, the Government made every effort to find out the facts and punish the offenders through acts of international cooperation.
These accomplishments had been possible due to international support, strong government will and the participation of non-governmental organizations, Mr. Kim explained. However, despite these efforts, sexual crimes still existed. In order to solve these problems, Committee members were asked to suggest some solutions, which would be welcomed and implemented by the delegation. The Republic of Korean delegation saw this meeting as an important step in improving the situation of children in the country.
Questions by the Experts on the Optional Protocol on the involvement of children in armed conflict
ALYA AHMED BIN SAIF AL-THANI, Committee Expert serving as rapporteur for the report, said that the Committee was pleased to see the ongoing commitment of the Republic of Korea to the protection of children, which had been one of the first countries to sign the Optional Protocol on the involvement of children in armed conflict. Amendments of several national laws had ensured that the minimum age of 18 to join the armed forces complied with the provisions of the Optional Protocol.
Turning to questions, Ms. Al-Thani asked for clarification on whether the provisions of the Protocol could be applied directly if its contents were not reflected in the national laws. She also wished to know what the relationship was between the various monitoring bodies in charge of monitoring compliance with the Optional Protocol; what specific activities had been carried out to raise awareness and provide training on its provisions; what the role and responsibilities of the national human rights commissionwere; and what efforts had been made to reach volunteers for the armed forces?
Concerning the establishment of military academies, Ms. Al-Thani noted that persons had to be older than 17 and younger than 21. Did that mean that children of 17 could take part in military training? Were there specific provisions in domestic laws related to recruitment that dealt with exceptional situations of children under 18 in armed conflict that could arise in the future? She also wished to know if corporal punishment in military schools prohibited by law.
Other questions by Experts related to the status of asylum-seekers and refugee children who may have been involved in armed conflict; whether the Republic of Korea, which had a robust arms export industry, had laws preventing the sale of arms to countries using child soldiers; sexual and emotional bullying in military schools and investigations of such cases; measures to punish the recruitment of children for use in hostilities outside the country; and whether there were exceptions to the age limit of 18 for recruitment into the armed forces. Experts also asked for more information on the inclusion of human rights and peace matters in military school curricula; the dissemination and knowledge of the Optional Protocol on the involvement of children in armed conflict; and training of peacekeeping forces on the provisions of the Optional Protocol and the Convention. An Expert also wondered whether the Republic of Korea had ratified the Ottawa Convention on the Prohibition of Landmines.
Response by the Delegation
Regarding the legal status of the Optional Protocol, the delegation said it could not be in conflict with domestic legislation as international treaties were directly applicable. As for domestic application of the Protocol, the Constitutional Court had not yet used it. However, the Constitutional Court and the courts had the experience to use some of the contents of international human rights laws in their cases.
Concerning the Children's Monitoring Centre, that had been established as a pilot project in 2007 and an ombudsperson's centre with 10 ombudspersons was planned, the delegation noted. Different voices from children in different sectors were meant to be heard through those diversified channels, and the Centre's major function was the evaluation of the situation of those children from the child's point of view. The reports of the Centre were reflected in national policies. As it had only been a short time since the Centre's establishment, a lot more remained to be done.
On the issue of raising awareness on the Protocol, the delegation agreed that in-depth promotion activities had to be provided together with non-governmental organizations. There had been some activities, however, there was still a lot more to be done. An effort had been made on the governmental level to provide more information to parents, government officials and those working in childcare facilities.
The provisions of the Optional Protocol on the involvement of children in armed conflict were not yet reflected in the education curriculum, the delegation acknowledged.
Regarding weapons exporters, efforts were currently being undertaken to try to block exports to countries using child soldiers, especially of small weapons. The Government had submitted a national report on this issue, and it had attended a seminar on the tracking and marking of small weapons. While some small arms and other military items sales had been reported, there were very strict rules imposed by the Government to prohibit arms sales to those who used child soldiers.
The minimum age of military service was 18, and even in wartime military academy students were not allowed to get involved anymore. Thus, there was a strict policy forbidding children under 18 from involvement in armed conflict under any circumstances, the delegation underscored. Military academies were seen as a university, not as a military institution, so that students could go to these schools from the age of 17 onwards.
Concerning sexual harassment at military academies, sexual education programmes were provided in those schools. Training was in particular provided to persons in charge of monitoring in the military service, who had been provided with specialized education in cooperation with the Gender Equality Department on a regular basis.
Regarding the Ottawa Convention, it was impossible for the Republic of Korea to remove all the landmines between North and South Korea within 10 years, the delegation explained. However, efforts to remove landmines were envisaged. The Republic of Korea was safely managing the landmines. There were no plans to reduce the stockpiles of landmines which were kept for defence against South Korea. Once the Republic of Korea joined the Ottawa Convention it would comply with its provisions, but at the moment, this was impossible due to the political situation.
Turning to the issue of unaccompanied child refugees, the delegation clarified that children coming from North Korea to South Korea were not seen as refugees, as under the Constitution both North Koreans and South Korean were considered citizens. The documents of children from other countries were examined to identify their refugee status. A medical examination, including the provision of necessary medicines, was also conducted. Refugee children were provided with resident permits, which enabled them to enjoy the same rights as a refugee, such as education and social rehabilitation programmes. There was a plan to establish a refugee support centre.
The Republic of Korea had ratified the Rome Statute of the International Criminal Court in 2001, and had established domestic measures for its implementation, the delegation said. In 2007, laws regarding the International Criminal Court were adopted. All crimes enshrined in the Statute were now punishable, including the strict prohibition of children under 15 in armed conflict. That act equally applied to Koreans and aliens on the territory of Korea, as well as Koreans outside of the Republic of Korea and foreigners on the territory of the Republic of Korea after committing a crime outside the country.
The Republic of Korea had dispatched troops to Iraq and other foreign countries in order to support non-military peacekeeping activities. The soldiers were provided with children’s rights-related training before their deployment, but there were issues in this regard. The delegation assured the Committee that the Republic of Korea would enhance educational programmes in respect to soldiers to be deployed in the future according to recommendations of the Committee.
The Government was working on legislation prohibiting corporal punishment of children and enhancing the education of teachers on children’s rights. Cases where teachers had used corporal punishment had been brought to court, and only in outstanding cases had corporal punishment been allowed; in cases of unjustified corporal punishment teachers had been dismissed.
Concerning the possibility for exceptions to the recruitment age of 18, the delegation said there was so far no case of a North Korean soldier integrated into South Korean armed forces before the age of 18. If a North Korean soldier accidentally came to South Korea and was meant to be returned to North Korea, his situation was examined and a decision about his return made.
Preliminary Concluding Remarks on Report under Optional Protocol on the involvement of children in armed conflict
ALYA AHMED BIN SAIF AL-THANI, the Committee Expert serving as Rapporteur for the Report, said that some positive movement had been demonstrated in this area, such as the establishment of the National Human Rights Commission, and the ongoing discussion in the Republic of Korea about the banning of corporal punishment in all schools. There were a number of issues that had to be worked on, however, and those would be addressed in the Committee's final observations and recommendations.
Questions by the Experts on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report under the Protocol on the Sale of Children, Child Prostitution and Child Pornography, said the Committee had observed with pleasure the laws adopted and amended by the Republic of Korea in this area, and the establishment of a special task force for the protection of the rights of the children in order to comply with the Protocol.
Ms. Ortiz noted that the Republic of Korea had made a reservation when ratifying the Protocol, and expressed her concerned that the reserved article would be of great support for the Republic of Korea in terms of dealing with adoption and other issues. In that conection, she asked why Korea had not ratified the Hague Convention on Adoption, and if there were plans to revoke the reservation to the Protocol.
Ms. Ortiz noted with satisfaction the various youth commissions and monitoring centres established by the State party. In that regard, she wondered how the bodies involved in the monitoring of prostitution were coordinated in practice, and what the relationships were between the different bodies. What was the Committee of Human Rights of Korea’s degree of autonomy and to what point was the Commission prepared to address the rights of the child, she asked. She also asked for more data on issues other than prostitution covered by the Protocol, i.e. on the sale of children and child pornography.
Questions by the Experts related to infringements concerning the sale of children prosecuted by Korean law and illegal adoption; prosecution of prostitution only on formal complaint by the victim; violence and aggression against children; sexual relations between adults and children; universal competence of the law courts for crimes committed overseas by a Korean nationals or with a Korean victim; criminalization of possession of child pornography; whether pornographic cartoons were criminalized as child pornography; the location of the new Human Rights Monitoring Agency; the criminalization of sex tourism; the minimum age for marriage; the definition of prostitution and child prostitution; sex offences by children against children; prosecution of sexual offenders only with agreement of the victim; training for law enforcement officers and public awareness raising campaigns; and measures to deal with Internet chat leading to sexual abuse.
In further questions, Experts asked if there was a risk of stigma attached to victims so that reintegration would be difficult; what were the status and rights of children from North Korea; and about arranged international marriages between Korean men and underaged Asian women.
Answers by the Delegation
In the Republic of Korea there were a lot of ministries that were connected by their work in the area of child protection, the delegation said. There were plans for the establishment of one single health and welfare family department. However, each issue regarding the rights of the child was specific in nature and required specific measures, which were addressed by different government authorities. Nevertheless, in order to address and streamline all issues the Government was actively working on the establishment of a health and welfare family department.
As for the status of the National Human Rights Commission, it was strictly separate from the Government, the delegation affirmed.
Regarding prevention of prostitution over the Internet, there was a need to think about this issue. An evaluation of the level of chatting space between children and adults had been made; however, the Government could not eradicate all possibility of chats between children and adults. An option was the signing in through ID numbers of parents. There were also obligations for service providers to report such chats between children and adults; the same was valid for television programmes, with a protection time frame from 6 p.m. to 6 a.m. for adult programming aimed for by the Government.
The delegation noted that the Republic of Korea had plans to launch campaigns to prevent prostitution, targeting men between 20 and 30. One campaign in subway stations and airports had already been launched to promote the campaign against prostitution. Among anti-prostitution initiatives were a textbook aimed at combating prostitution and child sexual exploitation; and the proclamation of 22 February as a day against prostitution, in order to increase awareness of the public.
On adoption, measures to punish illegal adoption were included in the national laws, the delegation said. Adoption was carried out by specific agencies on the basis of legal documents and approval by government authorities. An agency which did not respect the adoption rules could be closed down for 6 months, or the adoption decision would be withdrawn. The Republic of Korea had heard from a number of its partners in children's rights promotion, such as the Committee on the Rights of the Child, that it should establish a single agency to deal with all children's issues. However, internal evaluation had shown that there was currently no means to establish such an agency.
Further Questions by Experts
Experts expressed further concerns regarding the lack of data on adoption issues from the adoption agencies in the Republic of Korea, which led to the assumption that the Government had not yet taken full control over the adoption process. They also asked what sanctions were given for illegal adoptions, as well as violations of the Convention involving the internet.
Further Answers by the Delegation
The delegation said that after the Korean War had started, there had been an increasing number of internal and inter-country adoptions, which had been seen as a good signal. In 2007, having analysed domestic adoption, an improvement in institutions had been made. The reason not to ratify the Hague Convention was that at this point the domestic laws were in conflict with the Hague Convention as there was no domestic provision to apply to inter-country adoption. Studies would be undertaken if the domestic laws could be amended in order to make them comply with the Protocol and thus enable the Republic of Korea to ratify the Hague Convention. However, the delegation stressed that it was not easy to revise the civil law system, in particular as there were several ways to adopt.
Concerning punishment for criminal offenders, prosecution was currently only possible with the agreement of the victim. If the victim was an adult, this provision could not be revised. However, when the victim was a child who clearly expressed that it did not want to see the offender, the offender could still be punished.
Concerning the criminalization of trafficking, prostitution or pornography, all those who produced, distributed or exported child pornography were punished, the delegation affirmed. Cartoons could in principle fall under the definition of a crime under criminal law. Concerning the possession of child pornography, the possession alone could be punishable. As for the treatment of the victims of sex crimes, this was not yet 100 per cent compulsory. Victims could choose whether they wanted to have that treatment, so rather than compulsory treatment the Government was providing treatment but let the victim make the decision. Treatment was provided by local authorities free of costs.
In order to prevent the dissemination of child pornography material, more measures had to be implemented. To that end, an awareness-raising campaign and training programmes for children and parents had been established, the delegation said.
Concerning the issue of arranged international marriages, the delegation began by noting that the minimum age for marriage had been raised to 18 for both genders. As such, it was almost impossible for foreign children under 18 to come to the Republic of Korea as part of a marriage.
Concerning a child victim in court suffering from the encounter with the offender, the child victim could use video recording, or be placed behind a screen, so that it did not have to meet face to face with the offender. Psychological support was given to child victims under 13. Intercourse with children under 17 years old was a specific crime, which was prosecuted in private, and sometimes personal protection was given to the victim. Police officers were given annual education and training in this area.
With regard to the victims of prostitution, the delegation reiterated that victims should not be punished and that it was in fact very rare that victims were punished. The delegation stressed that it was very difficult to identify voluntary or non-voluntary prostitution. When it came to children under 13 involved in prostitution, a decision of protective custody would be made.
Two laws punishing prostitution were seen as protection measures for the victims of prostitution: shelters were provided for victims through the investigation until the end of the procedures; and counselling services were provided for child victims under 13 in specific counselling centres. There were no rehabilitation shelters for boy victims, the delegation observed.
Turning to the question of data collection, the delegation said regarding investigation information for police or prosecution, the current crime statistical system was dealing with the statistics for each crime. It was true that the government lacked the information regarding victims, and in order to improve that issue, the whole crime system had to be revised, which was not easy. The government could not integrate all data from different sources in the report, as it needed the approval of the victims. The data was managed by different agencies, but in the future, the report would be gender disaggregated.
The delegation drew attention to the fact that 106 billion Yuan had been invested in child protection and gender equality. The funding came from the central government, but the local authorities provided almost the same amount of money. One trillion Yuan were for babies and younger children, in addition to 70 billion from the central government. This budget was not reflected in the statistics in the report.
Concerning the definition of the sale of children in differentiation from trafficking, and how the sale of children was punished, the delegation said that the Child Welfare Act provided the same definition as the Optional Protocol as “sell or buy for money or valuables”. Sale of children was punishable under the Act and under the Act on Punishment for Prostitution, which defined the sale of the child for those who were using pictures of children with the purpose to trigger interest as the sale of the child.
Preliminary Concluding Remarks on Report under Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
ROSA MARIA ORTIZ, Committee Expert serving as Rapporteur for the report, in preliminary concluding observations, thanked the delegation and the Korean interpreters for the enormous efforts made throughout the day. Despite the difficulties related to language, the good will of the delegation to carry out a dialogue had been visible. This was not a very simple treaty, and the Committee had seen the efforts made by the Republic of Korea in dealing with trafficking, child prostitution and child pornography. The legislation had just been revised and was relatively advanced; however, it would need to be further adjusted to cover all the aspects of the protocol. The definition of children in the different instruments had to be clarified, and maybe a harmonization of the domestic laws should be considered in the future.
Government officials needed training in the area of the protection of the rights of the child, and the principles of the overriding interest of the child, Ms. Ortiz noted. Those who committed crimes against children also needed to be prosecuted, and the coordination between the relevant government authorities should be further strengthened. A National Action Plan should be drawn up, in cooperation of all actors, including children, schools and the media. With regard to adoption, the Committee believed there was awareness and possibilities of abuse, and that therefore the law of the Republic of Korea had to state that the sale of children was unlawful. National and international adoptions should be properly regulated and authorized by competent authorities. In that respect, the ratification of the Hague Convention would be of significant importance.
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