750. The Swiss delegation also welcomed the fact that representatives of civil society had taken the floor before it made its concluding remarks. The delegation then thanked the States and non-governmental organizations that had spoken. It wished to dispel a misunderstanding by reaffirming that Switzerland believed that economic and social rights were ipso jure obligations. There was no distinction between economic, social and cultural rights on the one hand and civil and political rights on the other. Rather, the question had to do with the persons to whom those rights were addressed in the domestic legal order: were those rights aimed at lawmakers, or were they sufficiently clear to be invoked directly in the domestic legal order? That was the distinction that the Federal Tribunal had drawn. Switzerland believed that economic, social and cultural rights were intended for lawmakers and must be implemented by legislative measures and policies. Furthermore, Switzerland had a monistic system that allowed it to invoke the violation of those rights, which were also guaranteed by the Constitution, directly before the courts. With regard to discrimination, particularly discrimination based on sexual orientation, it had been pointed out that Switzerland had chosen to take a global approach. The delegation then outlined a number of preliminary lessons that Switzerland had learned in recent months as well as planned next steps.
751. The first lesson was the high degree of interest in Switzerland shown by Member State and observer delegations. The Swiss delegation had been impressed by the quality of the statements delivered and of the constructive dialogue that had ensued.
752. The second lesson had to do with Switzerland’s contacts with civil society. The universal periodic review exercise had made it possible to open up the Swiss authorities’ dialogue with civil society to a certain extent. A dialogue that encompassed the whole range of rights and went beyond the usual framework of sectoral discussion had been initiated.
753. The third lesson was related to the opportunity that had been provided to discern a number of major points and certain aspects that needed improvement in the internal consultation process.
754. A number of measures that were to be implemented in the coming months to ensure that the universal periodic review, which should not be merely an exercise carried out in Geneva, remained an ongoing process were identified. One of the first major effects that the universal periodic review had had on Switzerland had been the setting up of a coalition of some 30 non-governmental organizations, to which the representative of Amnesty International had referred. That step would help to continue the general dialogue that had been begun during the preparation of Switzerland’s national report with civil society. During the follow-up the need to keep the Human Rights Council informed in a spontaneous way of the progress made in implementing the recommendations that had been accepted had been recognized; such informal reports would constitute a sort of voluntary intermediate review before the next report was submitted in 2012.
755. Switzerland fully intended to learn from the universal periodic review, which sought to bring about a genuine improvement in the implementation of human rights in the country, and it was prepared to take all necessary steps to make the review mechanism a tool for achieving that objective.
756. In conclusion, the Swiss delegation wished to thank the Secretariat for its untiring efforts without which it would have been impossible to carry out the review in the very short amount of time allotted.
Republic of Korea
757. The review of the Republic of Korea was held on 7 May 2008 in conformity with all the relevant provisions contained in Council resolution 5/1, and was based on the following documents: the national report submitted by the Republic of Korea in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/2/KOR/1); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/2/KOR/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/2/KOR/3).
758. At its 19th meeting, on 12 June 2008, the Council considered and adopted the outcome of the review on the Republic of Korea (see section C below).
759. The outcome of the review on the Republic of Korea is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/40), together with the views of the Republic of Korea concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group (see also A/HRC/8/40/Add.1).
1. Views of the State under review concerning recommendations
and/or conclusions, as well as its voluntary commitments
760. The Government of the Republic of Korea reiterated its full support for the review mechanism on the highly significant occasion of the adoption of the outcome of its review. The Republic of Korea stated that this also offers an opportunity to reaffirm its unswerving commitment to the promotion and protection of human rights, a priority in its national agenda.
761. The Republic of Korea deeply appreciated the valuable contribution by States and all other stakeholders in the universal periodic review of the Republic of Korea. It stated that it has been a collaborative effort and that the bonds of cooperation formed have in themselves proved to be another further benefit of this process. It reiterated its thanks to the members of troika for their invaluable work and for the outstanding leadership they have displayed in guiding it through this significant process.
762. According to the Republic of Korea, the international community, with these two universal periodic review sessions, has embarked on the task of addressing all human rights situations of all States in a fairer and more inclusive way. This is indeed a task of the utmost importance. The Republic of Korea noted that the launch of the universal periodic review represents a milestone and all earnest efforts should focus on ensuring that it is truly effective. The member States, the treaty monitoring bodies, non-governmental organizations and OHCHR are all involved in ensuring that the mechanism does indeed prove to be effective. In its case, the Republic of Korea stressed that the review has been constructive in terms of reaffirming the human rights issues and that it has provided a valuable opportunity to galvanize its will to achieve improvements in the areas concerned.
763. Following the review by the Working Group in May, the Republic of Korea has given thorough consideration to all the recommendations made by States. It believes that the 33 recommendations contained in the report of the Working Group cover almost all key human rights issues, long-standing ones and relatively new ones alike.
764. As part of its efforts to gain a clearer overall picture of the recommendations, the Republic of Korea held an inter-ministerial meeting on 30 May. Each ministry which was involved in the review process has undertaken a thorough study of the human rights issues raised in the review. The Republic of Korea briefly touched upon its Government’s responses to the recommendations contained in paragraph 64 of the report.
765. It was pleased to say that the Republic of Korea accepts most of the recommendations, either in full or in part. Further detailed information on the responses to all recommendations (A/HRC/8/KOR/Add.1).
766. First of all, the Republic of Korea accepted the entire group of recommendations relating to women’s rights. It has been consistent in its pursuit of a policy of advancing women’s rights. The Ministry of Gender Equality is deeply committed to incorporating a gender perspective into government policies. To this end, it has been developing concrete initiatives and playing a leading role in addressing the issues in inter-ministerial meetings.
767. Secondly, the Republic of Korea stated that the Government will intensify efforts to effectively protect the rights of foreign workers by upholding relevant laws, including the Employment of Foreign Workers Act. It also stressed that continued efforts focusing on various measures for their fuller social integration will be made and more effective remedies developed to further protect the rights and interests of foreign workers.
768. Thirdly, the Republic of Korea noted that it continues to make sincere efforts to protect the rights of disabled persons. To this end, it is currently pursuing domestic procedures for the ratification of the Convention on the Rights of Persons with Disabilities.
769. Fourthly, the Republic of Korea also welcomed other important recommendations relating to matters such as the implementation of observations of treaty bodies, freedom of association and assembly, human rights training for law enforcement personnel, the Resident Registration System, marital rape, child abuse and domestic violence, sexual crime, and refugee recognition procedures. It stated that it will continue to seek ways to strengthen and improve the relevant domestic laws, institutions and procedures in these areas.
770. Some of the recommendations contained in paragraph 64 of the report will need further study regarding their implementation as this may require legislative actions or entail an interpretation of domestic law.
771. First of all, on the recommendations advocating further ratification of and accession to human rights treaties, the Government will indeed carefully consider accession to several of them, such as the Optional Protocol on the Convention against Torture. More efforts are needed to bring domestic legislation and regulations in full conformity with these human rights norms and standards.
772. Secondly, as the Republic of Korea indicated during the interactive dialogue of its review, issues such as the death penalty, the National Security Law and conscientious objection to military service require further study and the forging of a broad national consensus; there is therefore a need for the Government to continue to make efforts in this direction.
773. Thirdly, issues such as the definition of torture, corporal punishment and the security surveillance law also entail amending important provisions of its domestic law, and the Government therefore needs to give careful thought to ways to overcome the difficulties of such a process.
774. Fourthly, the Republic of Korea noted that the withdrawal of the reservation to article 22 of the International Covenant on Civil and Political Rights is another matter which requires further examination and in-depth consultations. In particular, there is a call for further tripartite consultations and inter-ministerial consultations for a review of the matter of trade union pluralism and labour rights of public officials.
775. Lastly, the Republic of Korea highlighted that the recommendation on the accession to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is the only one that its Government is not in a position to accept at this stage. It welcomed the intention and spirit of this recommendation, which is to protect migrant workers and their family members. However, it considered that some provisions of the Convention are in conflict with some key domestic laws. In the meantime, the Republic of Korea will make every possible effort to protect the human rights of migrant workers under the current national laws that cover the human rights and welfare of foreigners.
776. The Republic of Korea further noted that for the universal periodic review to be a credible mechanism leading to actual improvements in human rights, effective follow-up measures are imperative. These should include mechanisms to promote implementation at the national level by providing a platform for national dialogue on human rights between various stakeholders. It is also crucial to provide an opportunity for public scrutiny of government policies.
777. In this regard, the Republic of Korea also engaged in discussions on a mechanism for the systematic implementation of the recommendations in the coming four years. One suggestion put forward was that the recommendations could be included in the ongoing National Action Plan for 2007-2011 for the Promotion and Protection of Human Rights. Another suggestion was to create a mechanism tasked exclusively with follow-up to issues raised during the review process.
778. The Republic of Korea emphasized that neither suggestion should exclude the recommendations considered, prima facie, difficult to implement. In this regard, it underlined that even a recommendation that it feels unable to accept for the moment will be given due consideration and, if necessary, may be the subject of discussions with all stakeholders.
779. The Republic of Korea stressed that the Government will continue to bear in mind all the recommendations made, as it seeks to strengthen its institutional and policy responses to achieve greater human rights protection and promotion in the country. It looks forward to seeing these recommendations serve as a valuable guide in its efforts in the months and years ahead, as it constructively engages with the Council, other international mechanisms and bilateral and regional partners on human rights issues.
780. The Republic of Korea reiterated the great importance it attaches to the universal periodic review.
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