{"id":262,"date":"2010-12-02T12:53:35","date_gmt":"2010-12-02T12:53:35","guid":{"rendered":"http:\/\/minbyun.org\/english\/?p=262"},"modified":"2010-12-02T12:53:35","modified_gmt":"2010-12-02T12:53:35","slug":"un-high-commissioner-for-refugees-raises-related-issues-in-the-rok-january-7-2008","status":"publish","type":"post","link":"https:\/\/www.minbyun.or.kr\/?p=262","title":{"rendered":"UN High Commissioner for Refugees raises related issues in the ROK–January 7, 2008"},"content":{"rendered":"

United Nations High Commissioner for Refugees
\n<\/strong>Republic of Korea
\n\u00a0<\/p>\n

We would like to bring your attention to the following excerpts, taken directly from
\nTreaty Body Concluding Observations and Special Procedure reports, relating to
\nissues of interest and concern to UNHCR with regards to Republic of Korea.
\nTreaty Body Concluding Observations
\nCRC\/C\/15\/Add.197 32nd Session
\n18 March 2003
\n\u00a0<\/p>\n

Non-discrimination
\n<\/strong>31. The Committee notes with concern the absence of information in the State party\u2019s
\nreport on racial discrimination, and the limited amount of information regarding acts
\nof discrimination against children from single parent families, children born out of
\nwedlock, children with disabilities, girls and migrant families. It is also concerned
\nthat the Constitution does not explicitly prohibit discrimination on the grounds of
\nrace, colour, language, political or other opinion, national or ethnic origin, disability,
\nbirth or other status, as stated in the Convention.
\n32. The Committee recommends that the State party enact legislation explicitly
\nprohibiting discrimination in order to include all grounds enumerated in article 2 of
\nthe Convention. In addition, the Committee recommends that the State party
\nundertake all necessary proactive measures to combat societal discrimination, in
\nparticular against children from single parent families, children born out of
\nwedlock, children with disabilities, children of migrant workers and girls through,
\ninter alia, public education and awareness campaigns.
\n33. The Committee requests that specific information be included, in the next
\nperiodic report, on the measures and programmes relevant to the Convention
\nundertaken by the State party to follow up on the Durban Declaration and
\nProgramme of Action adopted at the World Conference against Racism, Racial
\nDiscrimination, Xenophobia and Related Intolerance, held in 2001, taking account
\nof the Committee\u2019s General Comment No. 1 on article 29, paragraph 1, of the
\nConvention (aims of education).<\/strong>\u00a0
\nAlternative care
\n<\/strong>40. The Committee notes the State party\u2019s establishment of group homes as an
\nalternative to the institutionalization of children separated from their families.
\nHowever, it is concerned that the establishment of group homes and the development
\nof the foster care system remain limited, and that private alternative care institutions
\nare not subject to governmental regulations or regular inspections.
\n41. The Committee recommends that the State party:
\n(a) Continue to expand the number of group homes and the foster care
\nsystem, in particular by providing greater financial support to foster families
\nand increasing the counselling and support mechanisms for foster families;
\n(b) Ensure a periodic review of placement of children in all public and
\nprivate institutions, that takes into account the views and best interests of the
\nchild, and, wherever possible, aims to reintegrate children into a family
\nenvironment;
\n(c) Increase the number of social workers and upgrade their skills and
\ncapacity to provide assistance to children in alternative care and to
\nvulnerable families.<\/strong>\u00a0<\/p>\n


\nChildren of migrant workers
\n\u00a0<\/p>\n

58. The Committee is concerned that education and social welfare laws and
\nregulations do not include specific provisions providing for the welfare and rights of
\nforeign children, in particular those of undocumented migrant workers.
\n59. The Committee recommends that the State party:
\n(a) Amend domestic laws, in particular those on education and social
\nwelfare, to include specific provisions which ensure equal access to services
\nfor all foreign children, including those of undocumented migrant workers;
\n(b) Consider ratifying the International Convention on the Protection of the
\nRights of All Migrant Workers and Members of Their Families of 1990.
\n<\/strong>\u00a0<\/p>\n

CAT\/C\/KOR\/CO\/2 36th Session
\n<\/strong>12. The Committee is concerned at the absence of adequate legal protection of
\nindividuals, particularly of asylum-seekers, against deportation or removal to
\nlocations where they might be subjected to torture.
\nThe Committee welcomes the delegation\u2019s oral assurances that it will study the
\nmatter of persons removed or returned to locations where they face a real personal
\nrisk of torture. The State party should ensure that the requirements of article 3 of
\nthe Convention apply when deciding on the expulsion, return or extradition of each
\ncase of non-citizens or persons of Korean nationality who may be returned to areas
\noutside the jurisdiction of the Republic of Korea.
\n<\/strong>18. The Committee regrets the absence of data, disaggregated by age and sex, on
\ncomplaints relating to torture and ill-treatment allegedly committed by lawenforcement
\nofficials and on the related investigations, prosecutions and penal
\nand disciplinary sentences, as well as statistical data on the number of women
\nand children trafficked for purposes of prostitution. Information is also
\nrequested on any compensation and rehabilitation provided to victims.
\nInformation is further requested on the results of the studies recommended in
\nparagraphs 14 and 15 above.
\n(The State party should take all necessary steps to prevent and reduce the number
\nof deaths in detention facilities. Adequate provision of and access to medical care
\nshould be provided, and suicide prevention programmes should be established in
\nsuch facilities. The Committee also recommends that the State party conduct a
\ncomprehensive analysis of the link, if any, between the number of such deaths and
\nprevalence of torture and other forms of ill-treatment in detention.)
\n(The State party should prevent ill-treatment and abusive measures in the military.
\nIt is encouraged to conduct systematic research into the causes of suicides in the
\nmilitary and to evaluate the effectiveness of current measures and programmes,
\nsuch as the ombudsman system, to prevent such deaths. Comprehensive
\nprogrammes for the prevention of suicides in the military may include, inter alia,
\nawareness-raising, training and education activities for all military personnel.)
\n<\/strong>\u00a0<\/p>\n

CERD\/C\/63\/CO\/9 63rd Session
\n10 December 2003
\n<\/strong>7. The Committee takes note of the view of the State party as to the homogeneity of its
\npopulation. However, it also notes the information provided in the report about ethnic
\nChinese and other ethnic minorities living in the Republic of Korea. In light of the
\nabsence of specific statistical data on the ethnic composition of society in the
\nRepublic, the Committee recommends that the State party provide an estimate of the
\nethnic composition of the population in subsequent reports, as requested in paragraph
\n8 of the reporting guidelines, and draws the attention of the State party to its general
\nrecommendation VIII concerning the self-identification of members of particular
\nracial and ethnic groups. The Committee also suggests that the State party take into
\naccount its general recommendation XXIX on descent-based discrimination when
\ngathering information on the situation of the Paekjong community.
\n10. The Committee remains concerned that foreign workers in the industrial trainee
\nprogramme and undocumented migrants do not fully enjoy their rights as provided by
\narticle 5. The Committee recommends that the State party continue to take measures
\nto improve the situation of all migrant workers, in particular with regard to the right
\nto security of person and to social security and social services. The Committee also
\nrecommends that the State party include in its next report information on the
\nimplementation of relevant provisions of article 5 for all foreign workers, including
\nindustrial trainees, undocumented migrants, refugees and asylum-seekers.
\n11. The Committee is concerned about the trafficking of foreign women to the State
\nparty for the purpose of prostitution, although it notes the State party\u2019s efforts to
\ncombat this phenomenon. The Committee encourages the State party to expand and
\nstrengthen ongoing efforts to prevent trafficking and provide support and assistance
\nto victims, wherever possible in their own language.
\n\u00a0<\/strong>\u00a0<\/p>\n

CERD\/C\/KOR\/CO\/14 71th session
\n17 August 2007
\n<\/strong>10. Notwithstanding the assurances provided by the delegation concerning the direct
\napplicability of article 1 of the Convention pursuant to the provision of article 6,
\nparagraph 1, of the Constitution, the Committee notes the absence of a definition of
\nracial discrimination in the law of the State party. The Committee further notes that
\narticle 11, paragraph 1, of the Constitution, on equality and non-discrimination,
\nincludes none of the prohibited grounds of discrimination referred to in article 1,
\nparagraph 1, of the Convention. (Article 1)
\nThe Committee recommends that the State party bring its internal law in line with
\nthe Convention by including a definition of racial discrimination in keeping with
\nthat contained in article 1 of the Convention. The Committee further recommends
\nthat the State party consider reviewing the definition of discrimination set out in
\narticle 11, paragraph 1, of the Constitution with a
\n<\/strong>11. While welcoming the recent adoption of the Act on the Treatment of Foreigners in
\nKorea, aimed at eliminating discrimination against persons of foreign origin and
\nfacilitate their integration in Korean society, the Committee remains concerned about
\nthe persistence of widespread societal discrimination against foreigners, including
\nmigrant workers and children born from inter-ethnic unions, in all areas of life,
\nincluding employment, marriage, housing, education and inter-personal
\nrelationships. (Articles 2 and 5)
\nThe Committee requests that the State party provide an English translation
\nof the Act on the Treatment of Foreigners in Korea, as well as detailed
\ninformation on its implementation. The Committee also recommends that
\nthe State party, in accordance with articles 2 and 5 of the Convention, adopt
\nfurther measures, including legislation, to prohibit and eliminate all forms
\nof discrimination against foreigners, including migrant workers and
\nchildren born from inter-ethnic unions, and to guarantee the equal and
\neffective enjoyment by persons of different ethnic or national origin of the
\nrights set out in article 5 of the Convention (equality before the law).
\n<\/strong>12. The Committee notes with concern that the emphasis placed on the ethnic
\nhomogeneity of the State party may represent an obstacle to the promotion of
\nunderstanding, tolerance and friendship among the different ethnic and national
\ngroups living on its territory. In this regard, while appreciating the explanation
\nprovided by the delegation that references to concepts such as \u201cpure blood\u201d and
\n\u201cmixed-bloods\u201d in paragraphs 43 to 46 of the report are to be intended as a mere
\ndescription of a terminology still in use in the State party, the Committee is
\nnonetheless concerned that such terminology, and the idea of racial superiority that it
\nmay entail, continues to be widespread in the Korean society. (Articles 2 and 7)
\nThe Committee requests that the State party provide in its next periodic
\nreport disaggregated statistical data on the number of persons born from
\ninter-ethnic unions living on the territory of the State party. The Committee
\nrecommends that the State party adopt appropriate measures in the fields of
\nteaching, education, culture and information, to recognise the multi-ethnic
\ncharacter of contemporary Korean society and overcome the image of Korea
\nas an ethnically homogeneous country, which no longer correspond to the
\nactual situation existing in the State party. In this regard, the Committee
\nrecommends that the State party to include in curricula and textbooks for
\nprimary and secondary schools information about the history and culture of
\nthe different ethnic and national groups living on its territory, as well as
\nhuman rights awareness programmes aimed to promote understanding,
\ntolerance and friendship among all racial, ethnic and national groups.
\n<\/strong>13. While taking note of discussions currently underway in the State party with regard
\nto the adoption of a proposed Discrimination Prohibition Act, the Committee
\nreiterates the concern expressed in paragraph 9 of its previous concluding
\nobservations that the existing legislation of the State party does not respond fully to
\nthe requirements of article 4 of the Convention. (obligation to adopt measures to
\neradicate all incitement to, or acts of, discrimination and criminalize such acts).
\nThe Committee draws the attention of the State party to its general
\nrecommendations no. 7 (1985) and no. 15 (1993) concerning the
\nimplementation of article 4 of the Convention, and recommends that the
\nState party adopt specific legislative measures to prohibit and punish racially
\nmotivated criminal offences in accordance with article 4 of the Convention.
\nIn this regard, the Committee encourages the State party to move
\nexpeditiously towards the drafting and the adoption of a Discrimination
\nProhibition Act.
\n<\/strong>14. While taking note of the explanations provided by the delegation that as
\ninternational treaties to which the Republic of Korea is a party automatically become
\nthe law of the land, non-citizens enjoy, in practice, most of the rights and freedoms set
\nout in the Constitution on an equal basis with citizens, the Committee remains
\nconcerned that strictly in accordance with article 10 of the Constitution, only citizens
\nare equal before the law and are entitled to exercise the rights set out in Chapter II of
\nthe Constitution. (Article 5)
\nThe Committee draws the attention of the State party to its general
\nrecommendation no. 30 (2004) on non-citizens, and recommends that the
\nState party take all appropriate legislative and other measures to guarantee
\nequality between citizens and non-citizens in the enjoyment of the rights set
\nforth in the Convention to the extent recognized under international law.
\n<\/strong>15. While appreciating the information provided by the delegation that the
\nImmigration Control Act is currently being reviewed in order to strengthen the
\nprotection of refugees and asylum seekers, the Committee notes with concern that
\nonly a limited number of asylum seekers have been recognized as refugees since the
\nentry into force of the Convention relating to the Status of Refugees due to a complex
\nprocedure and long delays in the decision-making process on asylum claims. (Article
\n5)
\nThe Committee recommends that the Korean legislation on refugees and
\nasylum seekers be reviewed in accordance with the Convention relating to
\nthe Status of Refugees and other recognized international standards. In
\nparticular, the Committee recommends that the refugee status determination
\nprocess be carried out in a fair and expeditious manner, that asylum seekers
\nand persons granted humanitarian protection be allowed to work, and that
\ncomprehensive measures be adopted in order to facilitate the integration of
\nrefugees in Korean society.
\n<\/strong>\u00a0<\/p>

–\u00a0End of excerpts –
\nProtection Operations and Legal Advice Section
\nDivision of International Protection Services
\nUNHCR
\n7 January 2008<\/strong>\u00a0<\/p>\n

<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

United Nations High Commissioner for Refugees Republic of Korea \u00a0 We would like to bring your attention to the following excerpts, taken directly from Treaty Body Concluding Observations and Special […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2162],"tags":[],"class_list":["post-262","post","type-post","status-publish","format-standard","hentry","category-un-reports-on-republic-of-korea"],"yoast_head":"\nUN High Commissioner for Refugees raises related issues in the ROK-January 7, 2008 - \ubbfc\uc8fc\uc0ac\ud68c\ub97c \uc704\ud55c \ubcc0\ud638\uc0ac\ubaa8\uc784<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.minbyun.or.kr\/?p=262\" \/>\n<meta property=\"og:locale\" content=\"ko_KR\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"UN High Commissioner for Refugees raises related issues in the ROK-January 7, 2008 - \ubbfc\uc8fc\uc0ac\ud68c\ub97c \uc704\ud55c \ubcc0\ud638\uc0ac\ubaa8\uc784\" \/>\n<meta property=\"og:description\" content=\"United Nations High Commissioner for Refugees Republic of Korea \u00a0 We would like to bring your attention to the following excerpts, taken directly from Treaty Body Concluding Observations and Special […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.minbyun.or.kr\/?p=262\" \/>\n<meta property=\"og:site_name\" content=\"\ubbfc\uc8fc\uc0ac\ud68c\ub97c \uc704\ud55c \ubcc0\ud638\uc0ac\ubaa8\uc784\" \/>\n<meta property=\"article:published_time\" content=\"2010-12-02T12:53:35+00:00\" \/>\n<meta name=\"author\" content=\"minbyun2024\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"\uae00\uc4f4\uc774\" \/>\n\t<meta name=\"twitter:data1\" content=\"minbyun2024\" \/>\n\t<meta name=\"twitter:label2\" content=\"\uc608\uc0c1 \ub418\ub294 \ud310\ub3c5 \uc2dc\uac04\" \/>\n\t<meta name=\"twitter:data2\" content=\"11\ubd84\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.minbyun.or.kr\\\/?p=262#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.minbyun.or.kr\\\/?p=262\"},\"author\":{\"name\":\"minbyun2024\",\"@id\":\"https:\\\/\\\/www.minbyun.or.kr\\\/#\\\/schema\\\/person\\\/3a884842e3e595d95b85df9b77707b9b\"},\"headline\":\"UN High Commissioner for Refugees raises related issues in the ROK–January 7, 2008\",\"datePublished\":\"2010-12-02T12:53:35+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.minbyun.or.kr\\\/?p=262\"},\"wordCount\":2210,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.minbyun.or.kr\\\/#organization\"},\"articleSection\":[\"4. 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