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Views expressed by member and observer States of the Council on the review outcome



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2. Views expressed by member and observer States
of the Council on the review outcome


781. Malaysia expressed its appreciation to the Republic of Korea for its opening statement and for the response it gave to its question during the interactive dialogue in the review. It also welcomed the positive engagement by the Republic of Korea with the Council in the universal periodic review and the additional responses provided before the adoption of the outcome. Malaysia noted that the Republic of Korea has undertaken positive legislative and policy measures to further improve the human rights situation in the country while taking steps to overcome the challenges that it continues to face. It also stressed that notable improvements include the empowerment of women, the rights of children and the rights of the disabled.

782. The Democratic People’s Republic of Korea referred to the numerous recommendations it made during the interactive dialogue which are contained in the report of the Working Group, and requested more details about the practical and guaranteed measures vis-à-vis those recommendations. Following the responses provided by the Republic of Korea and in the light of the situation on the ground, it reiterated its call for more concrete and comprehensive measures on the recommendations it made, in particular on the abolition of the National Security Law.


3. General comments made by other relevant stakeholders


783. The National Human Rights Commission of the Republic of Korea noted its active participation in the universal periodic review process through consultations with the Government and non-governmental organizations and by submitting a stakeholders’ report. It welcomed the 33 final recommendations made to the Republic of Korea, all of which come under the Commission’s core mandate. It noted that especially in regard to the death penalty and the National Security Law, the Commission had already made recommendations calling for their abolishment. With regard to petitions outlining alleged violations of the right to freedom of assembly, it recommended that the Assembly and Demonstration Act be amended because article 8 is subject to arbitrary interpretation. It urged the Government to adopt viable measures for the implementation of the recommendations. It welcomed the re-election of the Republic of Korea to the Council, with the anticipation that the Government will fully and actively implement the voluntary pledges made upon its initial election to the Council and the newly affirmed pledges. It anticipated that the role of national human rights institutions will be expanded in the universal periodic review and the follow-up processes thereto.

784. The Asian Forum for Human Rights and Development (Forum-Asia) and the People’s Solidarity for Participatory Democracy, in a joint statement, welcomed the engagement of the Republic of Korea in the review process, but expressed their extreme disappointment at the inadequate and evasive responses. Reference was made to concerns voiced about threats to freedom of assembly. They referred to the fact that numerous documented cases and evidence show police and security personnel using excessive force and arbitrarily detaining demonstrators at will. They echoed the recommendation for mandatory human rights training and education for all security and law enforcement personnel, and strongly urged the review of and amendment to the Act on Assemblies and Demonstrations. It referred to arrest of migrant workers and deportation of union leaders without due process. It called upon the Government to, inter alia, take concrete measures to stop all acts of discrimination against migrant workers, and to ratify the International Convention on the Protection of the Rights of Migrant Workers and Members of Their Families. It also urged the Government to reduce the disparity in wages between irregular and regular workers, and to maintain a gender perspective in addressing the specific needs of women irregular workers.

785. The Canadian HIV/AIDS Legal Network delivered a statement on behalf of 86 grass-roots human and cultural rights organizations from the Republic of Korea, in reference to recommendation No. 23 of the report of the Working Group on the Universal Periodic Review, which suggested that discrimination on the basis of sexual orientation be included in the draft anti-discrimination bill. It noted also the exclusion of six other categories from the bill. It stated that exclusion is a tacit approval of discrimination against groups that need protection, and expressed its deep concern that it may provide basis for future structural and interpersonal violence. It noted the Republic of Korea’s significant achievements and the demonstrated international leadership to uphold and respect international law protecting minorities. It stated that civil society is very proud of being a part of the nation’s efforts toward equality and equity, and expressed disappointment and alarm about the growing communication gap between civil society and the current administration. It noted that in order to fully acknowledge the Universal Declaration of Human Rights, the non-discrimination law must be inclusive and explicit, and it urged the Government to immediately re-introduce the six dropped categories with specification of gender identity in the federal non-discrimination law.

786. Amnesty International welcomed the call on the Government to pass into law the special bill to abolish the death penalty. It also welcomed recommendations to abolish the National Security Law, or to amend it to bring it in line with international standards, and to ratify the Optional Protocol to the Convention against Torture and the Convention for the Protection of All Persons from Enforced Disappearance. Several recommendations focused on the need to ensure increased protection of the rights of migrant workers. It stressed that since November 2003, the Government has conducted a series of crackdowns leading to the arrest, detention and deportation of irregular migrant workers. It also deeply regretted the deportation of the president and vice-president of the Migrants’ Trade Union. It strongly encouraged the Government to implement recommendations to accede to the International Convention on the Rights of All Migrant Workers and Members of Their Families, to withdraw the reservation to article 22 of the International Covenant on Civil and Political Rights, to protect female migrant workers against discriminatory practices, and to ensure access of all migrant workers to the justice system. It also called on the Government to follow through on its Council election pledge to ratify the four International Labour Organization fundamental conventions related to the right to freedom of association, to organize and on abolition of forced labour.

787. MINBYUN - Lawyers for a Democratic Society stressed that the report of the Working Group pointed out that the National Security Law has been arbitrarily limiting freedom of expression and association in the Republic of Korea and recommended its abolition several times. The Government’s response that this law was not overused was not true according to Lawyers for a Democratic Society, which cited a number of examples to the contrary. The police had censored certain websites without a court order. The Government was strongly urged to follow the recommendation of the Working Group and to abolish the National Security Law as soon as possible.



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