The National Human Rights Commission of Korea (NHRCK) marked its sixth anniversary on November 25, 2007. Launched on November 25, 2001 as a comprehensive body responsible for human rights, the Commission has made efforts, among others, to redress human rights violations by public agencies and various acts of discrimination, to lead to legal and institutional improvement in terms of human rights, and to disseminate an accurate understanding of human rights through education and other channels.
The efforts of the Commission have brought a new level of acceptance and understanding of human rights in Korean society for the average citizen. Government agencies also now review a range of policies with human rights-sensitive perspectives.
27,945 complaints received, most of which were violations by government bodies and discrimination cases
From the Commission’s establishment in 2001 through October 31, 2007, a total of 27,945 complaints were filed with the commission: 803 in 2001; 2,792 in 2002; 3,815 in 2003; 5,405 in 2004; 5,701 in 2005; 4,196 in 2006; and 5,233 in 2007.
Of the total number of complaints, 22,296 cases were filed regarding human rights violations committed by government bodies, comprising 79.8% of all complaints received. There were 3,904, or 14%, cases regarding discriminatory acts and 1,745, or 6.2%, of cases filed requesting legal or institutional improvement.
While the number of human rights violations by state agencies remains high, the abuse of power from government bodies has gradually decreased. Society has become more democratized and more supportive of human rights. However, improvement does not appear to have been made in all areas, which can be seen by the rising number of discrimination complaints.
However, this may also be a sign that Korean society in general, which mainly associated human rights with the right to freedom, has become more aware of discrimination as a human rights issue. The number of such cases has increased more rapidly since the commission took over the task of redressing discrimination in June 2005.
Notable Progress in Human Rights “Blind Spots”
The National Human Rights Commission has sent staff members to detention facilities, which were branded as blind spots in human rights, and issued recommendations to improve related laws and institutions based on the results of investigations. Complaints associated with detention facilities account for about 43% of all complaints filed with the Commission and were related to medical treatment, book authoring, violence and degrading treatment. These complaints have led to the improvement of relevant laws and institutions.
The Commission has drastically improved human rights within detention facilities, which used to rely excessively on the use of restraints, screened private letters, limited interviews, and deprived inmates of sleep and medical treatment. The commission has also made efforts to resolve human rights issues in the military by investigating allegations of cruel treatment in military camps, alleged human rights violations in the processing of war- and duty-related deaths, and the status of military prisons.
A Range of Challenges and Changes in Discrimination
The Commission has made significant efforts to eliminate discriminatory patterns and social biases, leading to a new view on discrimination in Korean society. Since taking charge of redressing discrimination in June 2005, the Commission has pursued systematic and professional investigations into and correction of discriminatory acts. To that end, the Commission also launched a discrimination remedy committee and discrimination subcommittees for different areas, and appointed a discrimination remedy officer within the Discrimination Remedy Department.
The Commission has issued numerous recommendations to combat discrimination, which include:
- Eliminating guidelines pertaining to height, weight and color blindness when employing such civil servants;
- Ensuring the ability to move freely along and around Cheonggyecheon for those who with limited mobility;
- Amending commercial law to address discrimination against persons with disabilities; and
- Correcting differential retirement ages for civil servants based on job rank and position.
Many of these recommendations were accepted by the respondents in respective cases. For example, the administrator of the National Emergency Management Agency and the police superintendent eradicated their height and weight requirements in recruitment.
Additionally, social interest had long addressed human rights violations with relatively little attention paid to issues of discrimination, until the Commission actively became involved with discrimination remedies. The Commission's activities in this field have touched on the following:
- Discrimination against persons with disabilities in recruitment and promotions;
- Discrimination based on age in the employment of professors; __
- Investigation and reporting of discriminatory items on employment application forms, including items asking about family members, medical history, place of birth, schooling, and marital status; __
- Recognition of the need to amend discrimination against college lecturers (as opposed to full-time professors) in terms of working conditions, job security, and wages and other forms of monetary compensation.
Major Achievements in 2007
The year 2007 has witnessed several spectacular achievements associated with the establishment of an infrastructure in a range of areas for promoting and expanding awareness of human rights in Korean society. In order to raise overall awareness of human rights and mandate the provision of human rights education at state agencies, the Commission has pursued the enactment of a Human Rights Act. The bill was finally passed by the State Council last month, which was a monumental step toward passage in the National Assembly.
The bill specifies that all citizens have the right to human rights education, and that the national, provincial and local governments bear the responsibility to guarantee each individual their entitled human rights education. It also orders government bodies to provide human rights education for their civil servants and employees. If the bill is passed in the National Assembly, the Republic of Korea will become the first country in the world to have a human rights education act in line with relevant UN recommendations.
The Commission also opened the third regional office in Daegu in July of 2007, following the launch of regional offices in Busan and Gwangju in 2006.
The Commission views universities as key for establishing human rights in Korean society and has begun establishing MOUs with universities across the nation. Universities contain the human and physical resources for human rights education, and with proper interaction with the Commission, can play a pivotal role in promoting respect of human rights in Korea. Chonnam National University (Gwangju and Jeonnam Province) was designated as the first-ever regional hub university in December 2006, and Yeungnam University (Daegu and Gyeongbuk Province), Inha University (Incheon) and Hanyang University (Seoul) recently entered agreements. Seoul now has three universities with MOUs with the Commission.
A notable breakthrough is the enactment of the Anti-Discrimination and Remedies for Persons with Disabilities Act (or simply the “Disability Discrimination Act”) in March, which sparked a great advance in promoting the human rights of persons with disabilities. The Commission, through its Disability Discrimination team, has made efforts since the enactment to develop detailed rules and regulations including the Act’s enforcement decree so that the Act can have the greatest possible effect, and it has also formed a subcommittee on discrimination against persons with disabilities in order to provide professional and efficient services to redress discrimination against individuals with disabilities.
The National Human Rights Commission of Korea held a ceremony to mark its sixth anniversary on November 23, 2007. At the ceremony, Mr. Kim Chang-kuk, the inaugurate Chairperson of the Commission, delivered a speech to encourage and motivate the Commission staff members. Mr. Park Israr, who is a migrant worker, shared his difficulties in Korean society, and expressed his high hopes for the Commission.
The National Human Rights Commission of Korea was established in 2001, offering investigation and remedy services for Korean citizens and foreigners residing in Korea against human rights violations and discrimination. The Commission provides policy recommendations and remedial action against human rights infringements, collaborates with international human rights organizations and implements educational programs to improve the human rights culture.
