Human Rights Council elections 2008 - Republic of Korea

The National Security Law of 1948 continues to be used to imprison people for engaging in peaceful political activities. The law provides long sentences or even the death penalty for “anti-state” and “espionage” activities and has been used arbitrarily against people peacefully exercising their rights to freedom of expression and association. The law has also frequently been used as a form of censorship to imprison people for publishing and distributing material deemed to “benefit” North Korea. 

The Human Rights Committee has expressed concern over the law and urged the government to bring the law in line with its obligations under the International Covenant on Civil and Political Rights.  To Amnesty International’s knowledge, these recommendations have yet to be implemented.

Despite the introduction in 2003 of the Act Concerning the Employment of Migrant Workers, both regular and irregular migrant workers continue to face discrimination in the work place and abuse by employers and state officials. Women, who constitute roughly one-third of all migrant workers in South Korea, are particularly vulnerable to exploitation, including sexual harassment, violence and discrimination in wages compared to their male counterparts.

Since November 2003, the government has implemented a series of crack-downs on irregular migrant workers, including their arrest, detention and deportation. In February 2007, the Seoul High Court overturned the authorities’ rejection of the Migrant Workers’ Trade Union as an established union.

In November 2007, three senior officials of the union were arrested and detained for being “in an irregular or undocumented situation” and, in December, they were deported to their countries of origin in secret and without due process.

There are consistent reports of poor conditions in detention facilities for migrant workers and of cruel, inhuman or degrading treatment or punishment by security personnel of irregular migrant workers awaiting deportation. 

It has also been reported that police and security forces have used unnecessary or excessive use of force against striking irregular workers at the E-land department store.  More than 640 people have been arrested since the strikes began in July 2007.

No executions have been carried out for the past 10 years and, in December 2007, six death row sentences were commuted to life imprisonment. However, 60 prisoners currently remain on death row in South Korea despite the country’s status as de facto abolitionist and this figure is likely to rise, as the government recommended in April 2008 life imprisonment or the death penalty for those convicted of sexual assault and murder of children under 13. 

Recent Amnesty International statements and reports:

General

South Korea: Open Letter to the President of South Korea (5 March 2008)

National Security Law

Open Letter to All Leaders of Political Parties: An Important Duty to Revitalise Efforts to Fundamentally Review or Repeal the National Security Law (13 October 2004)

Migrant workers

Republic of Korea: AI condemns secret deportations of senior Migrant Trade Union officials (Public Statement, 14 December 2007)
Republic of Korea: Crackdown against Migrants’ Trade Union (Public Statement, 3 December 2007)
Republic of Korea: Briefing to the UN Committee on the Elimination of Discrimination against Women: Women migrant workers' discrimination in employment (1 July 2007)
Open letter to the President of South Korea of the fire at Yeosu Detention Centre (26 March 2007)
South Korea: Migrants are also human beings (Report 17 August 2006)

Ratification of International Treaties

Treaty Status Recognition of specific competences of Treaty Bodies Reservations/Declarations
International Covenant on Civil and Political Rights (ICCPR) Acceded Art. 41 (inter-state complaints) Entered
Optional Protocol to the ICCPR Acceded    
Second Optional Protocol to the ICCPR on the death penalty      
International Covenant on Economic, Social and Cultural Rights Acceded    
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Ratified   Entered
Optional Protocol to CEDAW Ratified Arts. 8 and 9 (inquiry procedure)  
International Convention on the Elimination of All Forms of Racial Discrimination Ratified Art. 14 (individual complaints)  
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Acceded Art. 20 (inquiry procedure)
Art. 21 (inter-state complaints)
Art. 22 (individual complaints) 		 
Optional Protocol to CAT      
Convention on the Rights of the Child (CRC) Ratified   Entered
Optional Protocol to the CRC on children in armed conflict Ratified   Entered
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography Ratified   Entered
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families      
International Convention for the Protection of All Persons from Enforced Disappearance      
Rome Statute of the International Criminal Court Ratified    
Convention Relating to the Status of Refugees Ratified   Entered
Protocol Relating to the Status of Refugees Acceded   Entered
The Four Geneva Conventions Ratified   Entered
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts Ratified   Entered
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts Ratified    
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem      

Compliance with Reporting Obligations

Total Overdue Reports Up to 5 years overdue 5 -10 years overdue 10 years or more overdue
None        

Cooperation with the Special Procedures

Extension of a standing invitation Outstanding visit requests (year requested) Forthcoming visits (dates if available) Missions carried out between May 2007 and April 2008
None None None Special Rapporteur on the DPRK (Jan. 2008)

Sources: