“Freedom of Assembly and Expression Should Be Guaranteed for Students and Youths”
NHRCK Promptly Investigates Damages Incurred
With regard to an emergency relief request issued by eight youth human rights organizations and 94 students on May 22, 2008 concerning the ‘candlelight culture festival against U.S. beef imports’, the National Human Rights Commission of Korea (NHRCK; Chairperson Kyong-Whan Ahn) convened an emergency meeting of standing commissioners on May 23, 2008 to deliberate on the need for such relief in consideration of the urgency and importance of the issue.
In the meeting, the NHRCK decided to promptly investigate complaints against obstruction of participation in the rally and so forth, while making reservations on emergency relief.
Freedom of assembly and expression are essential to democracy and basic rights guaranteed by the Constitution of the Republic of Korea. Korean society has a strong consensus that youths deserve protection by adults. However, youths and students, as legitimate right holders, have the right to freely express their opinions and the freedom to attend assemblies in a peaceful manner. This is clearly stipulated in the “Convention on the Rights of the Child” signed and ratified by the Republic of Korea [Article 12 (‘States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child’) and Article 15 (‘States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly’)].
Furthermore, Article 18-4 of the Primary and Secondary Education Act, of which an amendment went into force in March 2008, explicitly provides that “the founder, manager, and principal of a school shall guarantee students’ human rights as stipulated in the Constitution of the Republic of Korea and international human rights treaties.”
The NHRCK is concerned that recent incidents at some schools (police investigation of a high school student, issuance by an education office of preventive guidelines against collective acts by students, deployment of educational superintendents and vice principals at the sites of protest rallies, etc.) might violate the freedom of expression. Accordingly, the NHRCK will conduct prompt and proactive investigations into alleged damages reported by human rights groups and students.
The NHRCK notes that the candlelight culture festivals held several times so far were peaceful and hopes that the educational authorities and police will not violate the freedom of peaceful assembly and expression stipulated in international human rights treaties.
The NHRCK will keep a vigilant eye on related rallies including candlelight culture festivals.
