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22 October 1999
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HR/CT/99/37
22 October 1999
HUMAN RIGHTS COMMITTEE STARTS REVIEW OF REPORT OF REPUBLIC OF KOREA
Requests Derogation of National Security Law
The Human Rights Committee this morning began its consideration of the second periodic report from the Government of the Republic of Korea on its efforts to implement the International Covenant on Civil and Political Rights.
Presenting his country's report, Man-Soon Chang said given the security situation as a divided nation, the Government could not simply do away with the National Security Law. However, he added, in an effort to prevent the law from being exploited as a pretext for human rights abuses, the Government intended to amend certain provisions in the law, including portions dealing with freedom of expression.
Several Committee members said the maintenance of the National Security Law was incompatible with the provisions of the Covenant, and wondered about its effectiveness in the present world environment.
Also included in the Korean delegation are Jong Hoon Kim, a Minister at the Permanent Mission of the Republic of Korea; Ho-Young Ahn, a Counsellor at the Permanent Mission; Yun-Sung Hwang, a Counsellor at the Permanent Mission; Kang-Il Huh, Deputy Director at the Human Rights and Social Affairs Division in the Ministry of Foreign Affairs and Trade; Sung-Wook Lee, the Deputy Director of the Human Rights Division in the Ministry of Justice; and Jae-Hoon Lim, the Second Secretary at Permanent Mission of the Republic of Korea.
As one of 144 States parties to the Covenant, the Republic of Korea is obligated to submit periodic reports to the Committee on how it has implemented the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the fourth report of the Republic of Korea.
Report of Korea
The second periodic report of the Republic of Korea (document CCPR/C/114/Add.1) reviews the legislative and administrative measures undertaken by the Government to give effect to the provisions of the International Covenant on Civil and Political Rights on an article-by-article basis. It says that one of the major changes the Republic of Korea has experienced since the submission of the initial report is the establishment of a new civilian Government in February 1993. The new Government, with the full support and encouragement of the people, has taken various initiatives for reform and change.
The report says that legal and institutional policies to promote human rights have provided for, among others, stringent rules governing detention, increased right to counsel, expanded legal assistance for underprivileged, and the extension of welfare entitlements for women and the handicapped. Continued efforts have also been made in the past few years to build a more democratic society committed to justice and respect for human rights.
The Republic of Korea respects not only the right of self-determination at the national level, but also the right of persons forming a State to freely determine their own political status. Nationals of the Republic of Korea also hold the right to express their thoughts freely and determine their political status through voluntary, fair, universal and confidential voting, the report reads.
Further, the report says that in principle, basic human rights guaranteed in the Constitution apply equally to foreigners. With the exceptions of voting rights and electoral eligibility, the Covenant rights of foreign nationals residing or sojourning temporarily within the territory were treated and protected equally as nationals.
Introduction of Korean Report
MAN-SOON CHANG, Permanent Representative of the Republic of Korea to the United Nations Office at Geneva, said that with the inauguration of a new Head of State in February 1998, human rights had become a priority item on the national agenda of the Republic of Korea. Guided by the principle of the parallel development of democracy and the market economy, the Korean Government had taken concrete steps to reinforce those ideals in order to bolster human rights and better guarantee the rights and freedoms of individual citizens.
Mr. Chang said that given his country's security situation as a divided nation, his Government could not simply do away with the National Security Law, which continued to operate for many years. However, in light of the views expressed by Committee members regarding the compatibility of some of the provisions with freedom of expression, and to prevent the law from being exploited as a pretext for human rights abuses, his Government intended to amend the law.
With regard to the use of excessive force by the police, the Government had made strenuous efforts to prevent torture and inhumane treatment, Mr. Chang said. The Penal Procedure Code was revised in December 1995, and required the prosecutor to inspect once a month not only the detention facilities of police stations, but also confinement areas of every investigating bureau.
Mr. Chang continued that the Korean Government had attempted to provide guidance to create peaceful resolutions during conflicts between workers and management, even in the case of illegal labour strikes, as long as they involved no physical violations and destruction. Many workers had undergone hardships during the restructuring process following the economic crisis last year. Despite the Government's efforts for a peaceful and autonomous resolution by labour and management, workers experiencing economic hardship at times became violent.
Mr. Chang said the Government recognized domestic violence constituted a serious crime and violation of the human rights of women, and it had enacted the Prevention of Domestic Violence and Victim Protection Act in 1997. That law held State and local autonomous bodies responsible for creating legal and institutional mechanisms to prevent domestic violence and protect victims of such violence, he said.
Despite the Government's continued efforts to advance the status of women in the country, the Republic of Korea had been faced with difficulties arising from the economic crisis sweeping across Asia, Mr. Chang said. Since the nation's businesses embarked on restructuring measures, workers had suffered from the impact of the economic downturn. That had further aggravated the poverty of women and coincided with increases in family disputes, domestic violence, and divorce rates.
In conclusion, Mr. Chang said that his Government planned to hold a subregional workshop on human rights education in Seoul from 1 to 4 December in collaboration with he Office of the High Commissioner for Human Rights. The workshop would provide a good opportunity to explore practical ways and means to promote human rights education, he added.
Discussion
Responding to written questions prepared by Committee Experts in advance, the members of the Korean delegation said that an independent human rights commission would be established soon to monitor human rights violations and to address complaints. The Government had already completed the work to set up that monitoring mechanism by defining its mandate and functions.
With regards to discrimination on grounds of gender, the delegation said that there was not de jure discrimination of women to participate in politics. They had the right to take part in elections and to create their own political parties if they wished so. To combat domestic violence, a law had already been enacted making the act of violence a serious crime and violation of human rights. Further, counselling services were provided for women victims of violence at the various centres organized for that purpose.
Concerning an independent mechanism for monitoring prison conditions and for investigating complaints, the delegation said that judges and prosecutors were empowered to supervise prisons and receive petitions from inmates.
With respect to detention, the strict and firm principle of arrest by warrant was provided in the Penal Procedure Code. However, some concern was raised with regard to the voluntary appearance system, which permitted very brief custody of suspects at a certain place. There was a potential for infringement of human rights, however, due to the absence of a definite clause regulating voluntary appearance. Investigating agencies maintained the practice of issuing detention warrants after the voluntary appearance and interrogation of the suspect at the police station.
The delegation said that the decision of telephone surveillance was taken by the Minister of Justice with the recommendation of a board whose function was to propose security surveillance action against persons suspected in relation to national security and other aggravated acts.
Following the responses by the Korean delegation, Committee members asked questions on such issues as gender equality; the status of the Covenant in the domestic law; pre-natal selection sex; prevention of torture and inhumane treatment; abolition of death penalty; the right to association; National Security Law and the right to freedom of expression. An expert said that the National Security Law, although it contained a clause on espionage, had an impact on the peoples's free expression, and with the new international positive development, the situation had to change. Another Expert said he understood very well the concerns of Korea in maintaining the National Security Law because of its trauma of occupation and division. However, the law should now be abolished and all rights under the Constitution should be respected with regard to freedom of expression.
HR/CT/99/37
22 October 1999
HUMAN RIGHTS COMMITTEE STARTS REVIEW OF REPORT OF REPUBLIC OF KOREA
Requests Derogation of National Security Law
The Human Rights Committee this morning began its consideration of the second periodic report from the Government of the Republic of Korea on its efforts to implement the International Covenant on Civil and Political Rights.
Presenting his country's report, Man-Soon Chang said given the security situation as a divided nation, the Government could not simply do away with the National Security Law. However, he added, in an effort to prevent the law from being exploited as a pretext for human rights abuses, the Government intended to amend certain provisions in the law, including portions dealing with freedom of expression.
Several Committee members said the maintenance of the National Security Law was incompatible with the provisions of the Covenant, and wondered about its effectiveness in the present world environment.
Also included in the Korean delegation are Jong Hoon Kim, a Minister at the Permanent Mission of the Republic of Korea; Ho-Young Ahn, a Counsellor at the Permanent Mission; Yun-Sung Hwang, a Counsellor at the Permanent Mission; Kang-Il Huh, Deputy Director at the Human Rights and Social Affairs Division in the Ministry of Foreign Affairs and Trade; Sung-Wook Lee, the Deputy Director of the Human Rights Division in the Ministry of Justice; and Jae-Hoon Lim, the Second Secretary at Permanent Mission of the Republic of Korea.
As one of 144 States parties to the Covenant, the Republic of Korea is obligated to submit periodic reports to the Committee on how it has implemented the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the fourth report of the Republic of Korea.
Report of Korea
The second periodic report of the Republic of Korea (document CCPR/C/114/Add.1) reviews the legislative and administrative measures undertaken by the Government to give effect to the provisions of the International Covenant on Civil and Political Rights on an article-by-article basis. It says that one of the major changes the Republic of Korea has experienced since the submission of the initial report is the establishment of a new civilian Government in February 1993. The new Government, with the full support and encouragement of the people, has taken various initiatives for reform and change.
The report says that legal and institutional policies to promote human rights have provided for, among others, stringent rules governing detention, increased right to counsel, expanded legal assistance for underprivileged, and the extension of welfare entitlements for women and the handicapped. Continued efforts have also been made in the past few years to build a more democratic society committed to justice and respect for human rights.
The Republic of Korea respects not only the right of self-determination at the national level, but also the right of persons forming a State to freely determine their own political status. Nationals of the Republic of Korea also hold the right to express their thoughts freely and determine their political status through voluntary, fair, universal and confidential voting, the report reads.
Further, the report says that in principle, basic human rights guaranteed in the Constitution apply equally to foreigners. With the exceptions of voting rights and electoral eligibility, the Covenant rights of foreign nationals residing or sojourning temporarily within the territory were treated and protected equally as nationals.
Introduction of Korean Report
MAN-SOON CHANG, Permanent Representative of the Republic of Korea to the United Nations Office at Geneva, said that with the inauguration of a new Head of State in February 1998, human rights had become a priority item on the national agenda of the Republic of Korea. Guided by the principle of the parallel development of democracy and the market economy, the Korean Government had taken concrete steps to reinforce those ideals in order to bolster human rights and better guarantee the rights and freedoms of individual citizens.
Mr. Chang said that given his country's security situation as a divided nation, his Government could not simply do away with the National Security Law, which continued to operate for many years. However, in light of the views expressed by Committee members regarding the compatibility of some of the provisions with freedom of expression, and to prevent the law from being exploited as a pretext for human rights abuses, his Government intended to amend the law.
With regard to the use of excessive force by the police, the Government had made strenuous efforts to prevent torture and inhumane treatment, Mr. Chang said. The Penal Procedure Code was revised in December 1995, and required the prosecutor to inspect once a month not only the detention facilities of police stations, but also confinement areas of every investigating bureau.
Mr. Chang continued that the Korean Government had attempted to provide guidance to create peaceful resolutions during conflicts between workers and management, even in the case of illegal labour strikes, as long as they involved no physical violations and destruction. Many workers had undergone hardships during the restructuring process following the economic crisis last year. Despite the Government's efforts for a peaceful and autonomous resolution by labour and management, workers experiencing economic hardship at times became violent.
Mr. Chang said the Government recognized domestic violence constituted a serious crime and violation of the human rights of women, and it had enacted the Prevention of Domestic Violence and Victim Protection Act in 1997. That law held State and local autonomous bodies responsible for creating legal and institutional mechanisms to prevent domestic violence and protect victims of such violence, he said.
Despite the Government's continued efforts to advance the status of women in the country, the Republic of Korea had been faced with difficulties arising from the economic crisis sweeping across Asia, Mr. Chang said. Since the nation's businesses embarked on restructuring measures, workers had suffered from the impact of the economic downturn. That had further aggravated the poverty of women and coincided with increases in family disputes, domestic violence, and divorce rates.
In conclusion, Mr. Chang said that his Government planned to hold a subregional workshop on human rights education in Seoul from 1 to 4 December in collaboration with he Office of the High Commissioner for Human Rights. The workshop would provide a good opportunity to explore practical ways and means to promote human rights education, he added.
Discussion
Responding to written questions prepared by Committee Experts in advance, the members of the Korean delegation said that an independent human rights commission would be established soon to monitor human rights violations and to address complaints. The Government had already completed the work to set up that monitoring mechanism by defining its mandate and functions.
With regards to discrimination on grounds of gender, the delegation said that there was not de jure discrimination of women to participate in politics. They had the right to take part in elections and to create their own political parties if they wished so. To combat domestic violence, a law had already been enacted making the act of violence a serious crime and violation of human rights. Further, counselling services were provided for women victims of violence at the various centres organized for that purpose.
Concerning an independent mechanism for monitoring prison conditions and for investigating complaints, the delegation said that judges and prosecutors were empowered to supervise prisons and receive petitions from inmates.
With respect to detention, the strict and firm principle of arrest by warrant was provided in the Penal Procedure Code. However, some concern was raised with regard to the voluntary appearance system, which permitted very brief custody of suspects at a certain place. There was a potential for infringement of human rights, however, due to the absence of a definite clause regulating voluntary appearance. Investigating agencies maintained the practice of issuing detention warrants after the voluntary appearance and interrogation of the suspect at the police station.
The delegation said that the decision of telephone surveillance was taken by the Minister of Justice with the recommendation of a board whose function was to propose security surveillance action against persons suspected in relation to national security and other aggravated acts.
Following the responses by the Korean delegation, Committee members asked questions on such issues as gender equality; the status of the Covenant in the domestic law; pre-natal selection sex; prevention of torture and inhumane treatment; abolition of death penalty; the right to association; National Security Law and the right to freedom of expression. An expert said that the National Security Law, although it contained a clause on espionage, had an impact on the peoples's free expression, and with the new international positive development, the situation had to change. Another Expert said he understood very well the concerns of Korea in maintaining the National Security Law because of its trauma of occupation and division. However, the law should now be abolished and all rights under the Constitution should be respected with regard to freedom of expression.