Dear friends,
We wish to share with you the following statement from the National Human Rights Commission of Korea.
Asian Human Rights Commission
Hong Kong
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A Statement from National Human Rights Commission of Korea forwarded by the Asian Human Rights Commission
SOUTH KOREA: The National Human Rights Commission of Korea is very concerned by the draft reorganisation of the government’s institutions
[Following is the translation of a statement made by the National Human Rights Commission of Korea in response to the announcement by the Presidential Transition Team that it recommends the placing of the NHRCK under the direct control of the incoming president].
As is known, the National Human Rights Institutions [of Korea] was established on 25 November 2001 based on the UN Paris Principles as an independent state institution which does not belong to either the administration, legislation and judicature. At the time of establishment of the act of national human rights commission, some government institutions had argued that it was established under the administration, however, it became independent after 2 year’s long discussion. Likewise, the article 3 of the act on the National Human Rights Commission of Korea, which stipulates its independence, is the outcome of social consensus and its independence played a leading role as a global standard in the place where other countries are preparing for the establishment of a national institution.
As the principle of separation of powers is for the purpose of protecting the human rights of the people from the state, national human rights commission of Korea was established by the legislative procedure of the National Assembly according to the article 10 of the Korean Constitution “responsibility to protect human rights”, it [is a] misunderstanding for the Presidential Transition team to say that there is possibility that the status of the National Human Rights Commission might violate the principle of separation of powers stipulated in the Constitution.
It is only one aspect for the President Transition team to understand likewise. As the society has dramatically changed, there have emerged several other state institutions that it cannot explain as the principle of the separation of power. It is so called ‘the fouth’. The Independent regulatory commission of the USA, National Human Rights Commission of Korea and special prosecution are the examples.
The National Human Rights Commission of Korea has played a major role in preventing violations, providing redress and setting human rights policies that the government itself could not promote after six years of trying. If the National Human Rights Commission was under the direct control of the Office of the President, it would have had several limitations to deal with the violation cases by the institutions of the administration. Further it would not have functioned in recommendation for legislation or submitted opinions to the Constitutional court or courts as an independent institution.
The function of protecting the human rights of the people based on the Korean Constitution and international human rights laws and the act on national human rights commission should be considered as a priority of values irrelevant of change of the regime. If the National Human Rights Commission of Korea is placed under the Office of the President, it shall not free from the political decisions so that it brings the outcome of falling back of the human rights. International human rights institutions including the Office of High Commissioner for Human Rights have emphasise the independence of national human rights institutions and the evaluation of independence by the international coordinating committee is for that reason.
Even though it is a draft of reorganizing the government institution, it brings a serious concern that the government has an idea to place the independent national human rights commission under the office of the President. It is an inevitable component for the national human rights commission to have the status of independence in order to conduct its mandate granted by the Constitution and the act on National Human Rights Commission.
Therefore, NHRCK calls upon the Presidential Transition team to judge with accuracy the status and role of the independence of national human rights commissions that international society including UN ask for and it sincerely hopes that human rights of the people will not be retracted by the state power during its term of presidency. It expects that the National Assembly to consider once again its independence during the process of discussion.
17 January 2008
National Human Rights Commission of Korea
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984. The above statement has only been forwarded by the AHRC.
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