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REPUBLIC OF KOREA PRESENTS REPORT TO COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION
02 March 1999
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AFTERNOON
HR/CERD/99/5
2 March 1999
A Government delegation from the Republic of Korea told the Committee on the Elimination of Racial Discrimination this afternoon that as a homogenous country, Korea has had little need historically to deal with racial discrimination.
The remark came as the Committee started its consideration of a report from the Republic of Korea on the measures undertaken by that country to implement the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Theodoor van Boven, the Committee expert who served as rapporteur to the report, said there was no explicit provision in the Korean Constitution which outlawed racial discrimination and no specific legislation had been enacted to implement the Convention. He recalled that the Committee had already noted with concern that neither the Constitution nor the law of the Republic of Korea explicitly prohibited discrimination on the basis of race, colour, descent or national or ethnic origin, despite the Committee's previous recommendations on the matter.
Committee experts Luis Valencia Rodriguez, Régis de Gouttes, Shanti Sadiq Ali, Mario Jorge Yutzis, Deci Zou, Ivan Garvalov, Eduardo Ferrero Costa, Agha Shahi, Michael Parker Banton, Mahmoud Aboul-Nasr, and Ion Diaconu also participated in the discussion.
As one of 153 States parties to the Convention, the Republic of Korea must submit periodic reports to the Committee on how it was implementing the provisions of the treaty.
Also this afternoon, the Committee briefly discussed the draft proposal for a Global Plan of Action to Strengthen the Implementation of the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Experts also discussed the report of the tenth meeting of chairpersons of human rights treaty bodies.
The Committee had been scheduled to consider the situation in Bahrain whose initial report was deemed seriously overdue, but decided to postpone this because of the lack of available information.
When the Committee reconvenes at 10 a.m. on Wednesday, 3 March, it is expected to conclude its consideration of the report of the Republic of Korea before taking up the report of Finland in the afternoon.
Report of Republic of Korea
The tenth periodic report of the Republic of Korea (document CERD/C/333/Add.1) deals mainly with new developments since the submission of the previous reports. It says that the Government has undertaken a variety of measures to promote democracy and human rights. The report affirms that the Constitution of the country recognizes as the supreme principles of the State, the precepts of fundamental human rights based on respect for human dignity and equality of individuals before the law.
The report states that Korea is an ethnically homogeneous country with a population of around 45.5 million as of the end of 1996. The principle of guaranteed fundamental human rights and the principle of equality of individuals before the law also apply to aliens, including stateless persons.
Further, the report affirms that the country's Constitution condemns any notion or theory of superiority of one race or an ethnic group over another and any attempt to justify or promote racial hatred and discrimination in any form. In addition, discriminatory treatment of foreigners based on their nationalities is banned by law. The Constitution and the relevant laws of Korea assure everyone within its jurisdiction of effective protection and remedies, through the competent national tribunals and other state institutions, against any acts of racial discrimination.
Introduction of Report
JONG HOON KIM, Minister at the Permanent Mission of the Republic of Korea to the United Nations Office at Geneva and head of the delegation, said that as a homogeneous country, Korea has had little need, historically, to deal with racial discrimination. For that reason, the Korean Constitution did not contain any specific reference to racial discrimination. It only mentioned sex, religion and social status. However the language of article 11 (1) of the Constitution was commonly accepted as exemplary, and was neither intended nor interpreted as exhaustive. As such, racial discrimination was strictly prohibited under this article of the Constitution.
Turning to some of the new measures and initiatives taken by the Government to enhance the rights and interests of foreigners in Korea, Mr. Kim said that Korea had witnessed a historical event when President Kim Dae-jung, a life-long advocate of human rights and democracy, was inaugurated in February 1998. The event signified new horizons for human rights and democracy in Korea.
The Government had been taking concrete steps to bolster its national human rights safeguards mechanisms, Mr. Kim went on to state. He said those steps included preparations to enact human rights legislation and establish an independent national human rights institution by the end of the year.
Mr. Kim recalled that the Government had ratified two International Labour Office (ILO) conventions last December relating to discrimination in respect of employment and occupation. They were ILO Convention No.111, and on minimum age for admission to employment, ILO Convention No.138.
Further, the Government had decided that a social protection law, the Labour Standards Act, be equally applied to illegal foreign workers so that they enjoyed the same benefits and protective measures as Koreans.
Discussion
THEODOOR VAN BOVEN, the Committee expert who served as rapporteur to the report, said that the present report was somewhat more substantiated than previous reports, but it was not fully satisfactory when considered in the light of the concluding observations adopted by the Committee after consideration of the previous report in August 1996.
There was no explicit provision in the Korean Constitution outlawing racial discrimination and no specific legislation had been enacted to implement the Convention, Mr. van Boven said. The Committee had noted with concern that neither the Constitution nor the law of the Republic of Korea explicitly prohibited discrimination on the basis of race, colour, descent or national or ethnic origin, despite the provisions of article 2 of the Convention and the Committee's previous recommendations on the matter.
Mr. van Boven said that the Committee had already recommended that constitutional and legislative measures be taken to remedy the omission of race as a ground for discrimination in the law of the Republic of Korea. The argument that Korea was a homogenous country should not be used as an excuse not to enact a law against racial discrimination.
Concerning the situation of foreigners working as industrial "trainees", Mr. van Boven said that they were generally cheap industrial labour force from poor Asian countries, living under harsh conditions and often involved in labour that was "dirty, dangerous and difficult".
Other members of the Committee also commented on the report and raised questions on such issues on criteria to admit industrial "trainees" into Korean territory; the conditions of illegal workers; the situation of foreign residents and migrant workers; and the naturalization process of foreigners, among others.
One expert said that there was a persistence of difference of opinion between the Korean Government and the Committee with regards to the implementation of the Convention. There was no legal provision to ensure the performance of the Convention within the domestic jurisdiction.
Responding to some of the questions raised by Committee experts, the Korean delegation affirmed that any foreign worker should be documented and officially registered by the authorities. However, foreigners holding 90-day visas were considered as transit and temporary residents. For those foreign nationals residing in Korea, the Government had provided different categories of permits depending on the status of the foreigner and whether the person was a diplomat, a migrant worker or simply a student.
Referring to illegal foreign workers whose number was identified in the report as 129,054, the members of the delegation said that it would double check the number and would report to the Committee on how that number had been reached.
The Korean Government officials said that they wished that a provision explicitly prohibiting discrimination was enacted but they said they were of the view that the process of amending the Constitution was a long one. Since its creation, the Constitution had been amended only nine times. However, the Government would take the necessary measures relating to that issue, they said.
HR/CERD/99/5
2 March 1999
A Government delegation from the Republic of Korea told the Committee on the Elimination of Racial Discrimination this afternoon that as a homogenous country, Korea has had little need historically to deal with racial discrimination.
The remark came as the Committee started its consideration of a report from the Republic of Korea on the measures undertaken by that country to implement the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Theodoor van Boven, the Committee expert who served as rapporteur to the report, said there was no explicit provision in the Korean Constitution which outlawed racial discrimination and no specific legislation had been enacted to implement the Convention. He recalled that the Committee had already noted with concern that neither the Constitution nor the law of the Republic of Korea explicitly prohibited discrimination on the basis of race, colour, descent or national or ethnic origin, despite the Committee's previous recommendations on the matter.
Committee experts Luis Valencia Rodriguez, Régis de Gouttes, Shanti Sadiq Ali, Mario Jorge Yutzis, Deci Zou, Ivan Garvalov, Eduardo Ferrero Costa, Agha Shahi, Michael Parker Banton, Mahmoud Aboul-Nasr, and Ion Diaconu also participated in the discussion.
As one of 153 States parties to the Convention, the Republic of Korea must submit periodic reports to the Committee on how it was implementing the provisions of the treaty.
Also this afternoon, the Committee briefly discussed the draft proposal for a Global Plan of Action to Strengthen the Implementation of the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Experts also discussed the report of the tenth meeting of chairpersons of human rights treaty bodies.
The Committee had been scheduled to consider the situation in Bahrain whose initial report was deemed seriously overdue, but decided to postpone this because of the lack of available information.
When the Committee reconvenes at 10 a.m. on Wednesday, 3 March, it is expected to conclude its consideration of the report of the Republic of Korea before taking up the report of Finland in the afternoon.
Report of Republic of Korea
The tenth periodic report of the Republic of Korea (document CERD/C/333/Add.1) deals mainly with new developments since the submission of the previous reports. It says that the Government has undertaken a variety of measures to promote democracy and human rights. The report affirms that the Constitution of the country recognizes as the supreme principles of the State, the precepts of fundamental human rights based on respect for human dignity and equality of individuals before the law.
The report states that Korea is an ethnically homogeneous country with a population of around 45.5 million as of the end of 1996. The principle of guaranteed fundamental human rights and the principle of equality of individuals before the law also apply to aliens, including stateless persons.
Further, the report affirms that the country's Constitution condemns any notion or theory of superiority of one race or an ethnic group over another and any attempt to justify or promote racial hatred and discrimination in any form. In addition, discriminatory treatment of foreigners based on their nationalities is banned by law. The Constitution and the relevant laws of Korea assure everyone within its jurisdiction of effective protection and remedies, through the competent national tribunals and other state institutions, against any acts of racial discrimination.
Introduction of Report
JONG HOON KIM, Minister at the Permanent Mission of the Republic of Korea to the United Nations Office at Geneva and head of the delegation, said that as a homogeneous country, Korea has had little need, historically, to deal with racial discrimination. For that reason, the Korean Constitution did not contain any specific reference to racial discrimination. It only mentioned sex, religion and social status. However the language of article 11 (1) of the Constitution was commonly accepted as exemplary, and was neither intended nor interpreted as exhaustive. As such, racial discrimination was strictly prohibited under this article of the Constitution.
Turning to some of the new measures and initiatives taken by the Government to enhance the rights and interests of foreigners in Korea, Mr. Kim said that Korea had witnessed a historical event when President Kim Dae-jung, a life-long advocate of human rights and democracy, was inaugurated in February 1998. The event signified new horizons for human rights and democracy in Korea.
The Government had been taking concrete steps to bolster its national human rights safeguards mechanisms, Mr. Kim went on to state. He said those steps included preparations to enact human rights legislation and establish an independent national human rights institution by the end of the year.
Mr. Kim recalled that the Government had ratified two International Labour Office (ILO) conventions last December relating to discrimination in respect of employment and occupation. They were ILO Convention No.111, and on minimum age for admission to employment, ILO Convention No.138.
Further, the Government had decided that a social protection law, the Labour Standards Act, be equally applied to illegal foreign workers so that they enjoyed the same benefits and protective measures as Koreans.
Discussion
THEODOOR VAN BOVEN, the Committee expert who served as rapporteur to the report, said that the present report was somewhat more substantiated than previous reports, but it was not fully satisfactory when considered in the light of the concluding observations adopted by the Committee after consideration of the previous report in August 1996.
There was no explicit provision in the Korean Constitution outlawing racial discrimination and no specific legislation had been enacted to implement the Convention, Mr. van Boven said. The Committee had noted with concern that neither the Constitution nor the law of the Republic of Korea explicitly prohibited discrimination on the basis of race, colour, descent or national or ethnic origin, despite the provisions of article 2 of the Convention and the Committee's previous recommendations on the matter.
Mr. van Boven said that the Committee had already recommended that constitutional and legislative measures be taken to remedy the omission of race as a ground for discrimination in the law of the Republic of Korea. The argument that Korea was a homogenous country should not be used as an excuse not to enact a law against racial discrimination.
Concerning the situation of foreigners working as industrial "trainees", Mr. van Boven said that they were generally cheap industrial labour force from poor Asian countries, living under harsh conditions and often involved in labour that was "dirty, dangerous and difficult".
Other members of the Committee also commented on the report and raised questions on such issues on criteria to admit industrial "trainees" into Korean territory; the conditions of illegal workers; the situation of foreign residents and migrant workers; and the naturalization process of foreigners, among others.
One expert said that there was a persistence of difference of opinion between the Korean Government and the Committee with regards to the implementation of the Convention. There was no legal provision to ensure the performance of the Convention within the domestic jurisdiction.
Responding to some of the questions raised by Committee experts, the Korean delegation affirmed that any foreign worker should be documented and officially registered by the authorities. However, foreigners holding 90-day visas were considered as transit and temporary residents. For those foreign nationals residing in Korea, the Government had provided different categories of permits depending on the status of the foreigner and whether the person was a diplomat, a migrant worker or simply a student.
Referring to illegal foreign workers whose number was identified in the report as 129,054, the members of the delegation said that it would double check the number and would report to the Committee on how that number had been reached.
The Korean Government officials said that they wished that a provision explicitly prohibiting discrimination was enacted but they said they were of the view that the process of amending the Constitution was a long one. Since its creation, the Constitution had been amended only nine times. However, the Government would take the necessary measures relating to that issue, they said.
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