FOR IMMEDIATE RELEASE
AHRC-STM-180-2008
June 27, 2008
A Statement by the Asian Human Rights Commission
SOUTH KOREA: Government’s failure to realise people’s health
A public announcement on the agreement on the import of beef between the Korean government and the United States of America was postponed after the government faced continuing protest from people. There were huge protests, one in particular had about 700,000 people who marched on the street demanding renegotiation of the agreement on June 10, which is the commemoration day of ‘June 10 Uprising’ took place in 1987. There has been increased concern by the people of South Korea on the problem of the quarantine system regarding bovine spongiform encephalitis (BSE or mad cow disease) that may contaminate the imported beef and deep frustration by the people regarding the failure of the Korean government to have the authority to suspend importation if items prohibited are found.
In response to the continued protests, the president Mr. Lee Myung-bak, held a special press conference on June 19 and made a public apology to the people, regretting his lack of attention to the demand from the people regarding the beef imports. Meanwhile, Kim Jong-hoon, Minister for trade from Ministry of Foreign Affairs and Trade has renegotiated the agreement with the States and put an additional agreement on June 20. Kim explained the result of the meeting without publicising it. As soon as he publicised it on June 25, Chung Woon-chun, Minister for Food, Agriculture, Forestry and Fisheries asked Ministry of Public Administration and Security to place it in the official gazette. It was published on June 26.
In the whole processes of agreement, the government of South Korea has failed to take steps to fulfil the right to health enshrined on article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which it is a state party. The reason of the strong protests against beef imports from the States over the last 50 days is because people of South Korea feel that the government has failed to fulfil to adopt appropriate measures towards full realisation of the right to health by the agreement.
According to the information received, the article 5 of the agreement says, “the Korean government will suspend the importation of beef and beef products if the additional case(s) results in the OIE (Office International des Epizooties) recognising an adverse change in the classification of the U.S. SSE status.” As interpreted the government is unable to stop importation unless the OIE changes the U.S. SSE status. However, even based on the status by the OIE, there is no lower status than the current status of the States. Article 6 and 7 of the agreement are also interpreted as even though serious violation on sanitation is found, which may cause danger of people of South Korea, Korean government can only inform the States. It could check the place concerned and ask to stop importation earlier but by this new agreement, it surrendered it to the States.
According to the same information received, compared to Japanese policy which controls all Specified Risky Materials (SRM) regardless of the age of the cow, the Korean government allow importing of brain, skull and vertebral column of the cow which are classified as SRM in EU. The Korean government expanded the items which are classified under the SRM in different countries. The agreement also says that the Korean government will import beef from cows below 30 months-of-age but, concerns remain how to check the age under the Voluntary Export Restrains which is not likely that of Japan where ages of cow are checked under Export Verifications. Even though concerns above exist, the Korean government has no means to check the age of cow if exporters from the States violate their voluntary rule. Furthermore, it is reported that the government of the States checks cows with regard to BSE in only 0.1 percent out of all cows and the Korean government can only check 3 percent out of all imported beef. It is impossible to check whether or not beef or beef products may contain the disease. This is the reason why the preventive measures or appropriate mechanisms to check whether beef or beef products contain the SRM.
However, the government simply said in the announcement, ‘trust the president, or ‘the beef from the States is safe’ without any mechanism to quarantine the beef that may have the disease. It also publically says that it has put forward to make it effective in order to reach the Free Trade Agreement with the States.
The right to health contains the right to system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health. In particular, according to the article 12.1 of the ICESCR, the right is defined as an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to health-related information and participation in all health-related decision-making at the community, national and international levels. The Korean government has immediate obligations in relation to the right to health and to take steps towards the full realisation of the article but has so far failed to take into account its obligation regarding the right to health entering into bilateral agreement with the States.
In this regard, the Asian Human Rights Commission urges the Korean government to take all necessary steps to respect, protect and fulfil the enjoyment of any of the components of the right to health. It also urges the government to publicise all relevant documents of the agreement so that related authorities or people concerned can actively participate in the discourse so as to reinforce proper a quarantine system to prevent the disease that affects all people in the country. No one else can take effective steps to respect and protect the health of the people in the country except the Korean government.
