The Statement of the Chairperson of the National Human Rights Commission of on the 5th Concluding Observations of the United Nations Human Rights Committee
- The United Nations Human Rights Committee recommended that the Republic of Korea establish a comprehensive anti-discrimination act, ensure full freedom of assembly, and secure the freedom of association for all laborers. -
-The NHRCK hopes government will proactively implement UNHRC recommendations to address international concerns-
The Chairperson of the National Human Rights Commission of Korea (Song Doo-hwan) calls for the domestic conveyance of the concluding observations on the fifth periodic report of the Republic of Korea on the implementation of the Convention on the Rights of Freedom in Korea, as presented by the International Covenant on the Civil and Political Rights (hereinafter “the Committee”) on November 3, 2023 and calls on the government for the faithful implementation of the recommendations within the final observations in the presented statement.
The International Covenant on Civil and Political Rights (hereinafter “the Covenant”), often referred to as the international bill of human rights, is a core international human rights convention. The Committee regularly reviews the compliance status of countries that have ratified the Covenant and provides recommendations for necessary improvements
After ratifying the Covenant in 1990, the Republic of Korea has submitted five national reports to the Committee detailing the status of implementation of the Covenant in accordance with the Convention. The fifth concluding observation presented by the Committee is the result of the deliberations held from October 19 to 20, 2002, on the basis of the fifth periodic report of the Republic of Korea submitted by the Government. It can be regarded as the international community's evaluation of the Republic of Korea's efforts to ensure rights and freedoms.
In its fifth concluding observation, the Committee noted as positive changes the adoption of alternative service for conscientious objectors and the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the Convention on the Rights of Persons with Disabilities and ILO Conventions No. 29, No. 87 and No. 98.
On the other hand, the Committee raised 29 issues and a total of 58 principal matters of concern and recommendations to the Republic of Korea.
In detail, the principle matters of concern and recommendations include: 1) Adopt binding legislation requiring human rights due diligence by business enterprises; 2) Adopt comprehensive anti-discrimination legislation; 3) Adopt laws and policies that explicitly prohibit and proactively address discrimination on the basis of sexual orientation and gender identity, and facilitate access to legal recognition of gender reassignment; 4) Abolish de jure the death penalty, 5) Strengthen the human rights protection system in the military, 6) Reduce the duration of alternative service and expand the locations where alternative service is provided, 7) Reduce overcrowding in detention facilities and improve access to medical services, 8) Ensure the shortest possible period of immigration detention in accordance with the Framework for the Protection of Foreigners and prohibit the immigration detention of children. 9) Adopt appropriate safeguards to ensure an application process that is easily accessible to all foreign children.
In addition to the above, the Committee emphasized the need to investigate and establish the truth about the Itaewon disaster of October 29, 2022, provide assistance to the victims, and ensure that the plan to abolish the Ministry of Gender Equality and Family is subject to a human rights impact assessment.
In particular, the Committee emphasized the need to enact comprehensive anti-discrimination legislation and address hate speech, to ensure the full exercise of the right to freedom of assembly, and to ensure freedom of association, including the right to collective bargaining and the right to strike for all workers. The Committee requested the government of the Republic of Korea to report on the implementation of these recommendations by November 3, 2026.
The Committee's fifth concluding observations contain many details on the unresolved issues recommended by the National Human Rights Commission and addressed to the Government.
In light of this, the Commission hopes that the Government will allay the concerns of the international community regarding the exercise of freedom of rights in the Republic of Korea by actively implementing the Committee's recommendations. The Committee will continue to work with the Government and civil society to facilitate the implementation of the Covenant in the country.
