March 12- The NHRCK announced guidelines on forced eviction due to destruction of residences from a human rights perspective. Forced eviction severely infringes on the freedom of residence and accompanies infringement on the economic, social, and political rights of residents in many cases. In this regard, the NHRCK concluded that forced eviction should not be considered an option when freedom of residence is severely restricted, and even when unavoidable, forced eviction plans should be rigorously reviewed to minimize infringement on the human rights of residents.
According to the basic principles set by the NHRCK, forced destruction of buildings should wait until the eviction of residents is completed, and adequate compensation and negotiation opportunities should be provided when forced eviction is unavoidable. In addition, forced eviction should take place at appropriate times, excluding winter and at night.
In this context, the NHRCK urged the Minister of Land, Transport, and Maritime Affairs (MOLTAM), the Minister of Public Administration and Security (MOPAS) and the Commissioner-General of the National Police Agency to amend relevant laws and to take appropriate measures to guarantee the human rights of residents. The NHRCK advised the MOLTAM that it should amend the Urban and Living Environment Improvement Act and the Act on the Acquisition of Land for the Public Undertakings and Compensation and that MOPAS should insert a provision on the prevention and prohibition of the use of violence in Administrative Vicarious Execution Act which guarantees punishment for non-compliance. At the same time, the NHRCK requested the National Police Agency to increase its efforts to monitor the violence which usually occurs in forced removals.
The NHRCK’s guidelines and recommendations were released on the heels of the Yongsan Tragedy which led to the death of 6 people on January 20, 2009 due to a forcible eviction of tenants. Regarding this incident, the UN Special Rapporteur on Adequate Housing, the Special Rapporteur on Freedom of Expression and the Special Rapporteur on the Situation of Human Rights Defenders issued letters of concern to the Korean authorities on April 1, 2009.
