The National Human Rights Commission of Korea (Chairperson Hyun Byung-chul) joined the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (hereinafter referred to as the ICC) in 2004, and received A status as the ICC recognized roles and functions of the Commission as an independent national human rights institution. The Commission once again accredited with A status in 2008 when the ICC SCA expressed concerns on selection process of Commissioners of the Commission(hereinafter referred to as 'Human Rights Commissioners'), and the ICC SCA decided to defer accreditation on the Commission in its reviews in March and November 2014.
The ICC SCA, when granting A status on the Commission in 2008, encouraged the Commission to introduce transparent selection process which allows participation from civil society. In addition, when deferring accreditation of the Commission in its review in the first half of 2014, the ICC SCA pointed out lack of provisions to guarantee clear, transparent and participatory selection process of Commissioners and to guarantee diversity, and recommended to advocate for establishment of such provisions.
In response, the Commission created the Partial Amendment to the National Human Rights Commission Act and the Guideline on Selection/Appointment of Human Rights Commissioners (hereinafter referred as the 'Guideline'), which went through deliberation at the Plenary Committee on 22 September 2014 to be recommended to the President, Speaker of the National Assembly, and the Chief Justice of the Supreme Court. The Guideline, in particular, presents unified standards to which the selection/appointment institutions should conform including principles on qualification, capability of Human Rights Commissioners, diversity of composition of Human Rights Commissioners, and selection/appointment process of Human Rights Commissioners, and the Commission made recommendations to the selection/appointment institutions to create internal rules reflecting contents of the Guideline.
The Paris Principles states that the appointment of member of National Human Rights Institutions shall guarantee diverse representation of different social sectors of civil society for promotion and protection of human rights and members carrying out their roles in a stable manner is essential in securing independence of NHRIs.
The President, Speaker of the National Assembly and Chief Justice of Supreme Court has not yet created rules that reflect the Guideline. Under these circumstances, the ICC SCA, at its deliberation in the second half of 2014, pointed out lack of transparency, broad participation and consultation during the selection process of Human Rights Commissioners, and detailed standards for selection, recommended to create legally binding legislations or rules, and deferred accreditation on the Commission to the first half of 2015.
It is fortunate that the National Assembly is showing efforts to take practical measures pursuant to the Guideline in selecting new Human Rights Commissioners. However, the National Assembly, Government and Supreme Court shall reflect contents of the Guideline to establish rules on appointment/selection of Human Rights Commissioners and to practically implement the rules. It is time for the appointment/selection institutions to put efforts and be determined so that the Commission, which has played an exemplary role in Asia, does not have its status downgraded or accreditation be deferred once again in the upcoming deliberation in March 2015.
Accordingly, the Commission would like to urge the appointment/selection institutions to create internal rules which reflect the Guideline recommended by the Commission, and to notify plans for recommendation implementation pursuant to article 25.3 of the National Human Rights Commission Act. The Commission will continue to make efforts to become an exemplary independent national human rights institution, and would like to ask the public to continue to pay attention.
