COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Forty-third session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION

Concluding observations of the Committee on the
Elimination of Racial Discrimination

Republic of Korea

199. The seventh periodic report of the Republic of Korea (CERD/C/221/Add.1) was considered by the Committee at its 987th meeting held on 3 August 1993 (CERD/C/SR.987).

200. The report was introduced by the representative of the reporting State, who briefly described the major developments that had occurred recently in his country. He drew particular attention to his Government's accession to the International Covenant on Civil and Political Rights and its Optional Protocol and to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol. He also highlighted measures taken by his Government to implement various articles of the Convention, pointing, in that regard, to his Government's enhanced involvement in international efforts to dismantle apartheid in South Africa.

201. Members of the Committee thanked the Government of the Republic of Korea for the timely submission of its report, which demonstrated the Government's serious attitude towards its obligations under the Convention. While it was observed that the information contained in the report was useful and had answered questions raised by the Committee in its examination of previous reports, it was also noted that the report did not contain sufficient information on the practical implementation of the Convention and on the factors and difficulties impeding the implementation of the Convention. It was recommended that information on those and other matters, including texts of the legislative measures taken to give effect to the provisions of the Convention, should be included in the next periodic report.

202. Members of the Committee also requested information on the system of administration of justice, on the impartiality and independence of the judiciary and on the scope of implementation of the national security law, especially as they related to the practical implementation of the rights contained in the Convention.

203. Members of the Committee drew attention to the reports they had received of xenophobia and of discrimination allegedly practised against foreign residents, particularly those of Chinese descent, foreign workers and children of mixed parentage. Further information was requested concerning the situation of those groups and general social attitudes towards them. In addition, members of the Committee sought clarification on allegations of discrimination against persons from regions other than the south-east of the Republic of Korea.

204. Members of the Committee also requested clarification as to the status of the Convention in domestic law, especially in the event of conflict between the provisions of the Convention and the Constitution, as article 6.1 of the Constitution appeared to render the Convention equal in status but not superior to domestic law.

205. With regard to article 2 of the Convention, members of the Committee noted that article 11 of the Constitution, which provided for the prohibition of discrimination, contained no reference to the prohibition of racial discrimination and requested clarification in that regard.

206. Referring to the importance of establishing national human rights institutions to facilitate the implementation of the Convention, members of the Committee asked whether the State party had taken any steps in that regard.

207. Concerning article 3 of the Convention, members of the Committee asked for information on any recent changes regarding the implementation of its provisions.

208. With regard to article 4 of the Convention, members of the Committee emphasized the need to take positive measures to prevent xenophobia and racial discrimination, expressing concern at the omission of provisions against racial discrimination from the State party's penal law.

209. In connection with article 5 of the Convention, members of the Committee sought clarification on matters relating to: naturalization and the rights to inheritance of naturalized citizens; foreigners' eligibility to join or create trade unions and enjoy the benefit of their protection; the level of wages received by foreign workers; and foreign workers' enjoyment of the rights to medical and other social services.

210. In respect of article 6 of the Convention, members of the Committee requested clarification as to the reasons for the lack of complaints of racial discrimination before the court or administrative authorities and as to the remedies available to victims of racial discrimination in the event of violations by government bodies and public agencies.

211. Concerning article 7 of the Convention, members of the Committee sought further information on the number, status and funding of schools for foreigners. They also wished to know more about the activities undertaken to promote human rights, understanding and tolerance in schools, in general, and the human rights training given to law enforcement officials, in particular.

212. Members of the Committee also requested further information on the reported intention of the State party to make the declaration provided for in article 14 of the Convention.

213. In reply to questions raised by the members of the Committee the representative of the State party provided information on the breakdown of the foreign population in the State party and the trends in the size of the foreign population over time, especially with regard to the Chinese. In addition, he denied that there was discrimination in the State party on the basis of regionalism.

214. With respect to concerns raised over the status of the Convention in domestic law, the representative stated that his Government had incorporated the Convention in the law of the Republic of Korea so that it was directly applicable and could be invoked before the courts.

215. With regard to the question raised as to the omission of the prohibition of racial discrimination in article 11 of the Constitution, the representative replied that article 37 of the Constitution covered that point as it provided that the freedoms and rights of citizens "shall not be neglected on the grounds that they are not enumerated in the Constitution".

216. In respect of article 3 of the Convention, the representative indicated that his Government had lifted economic sanctions against South Africa except the ban on arms, nuclear technology and oil.

217. Concerning article 4 of the Convention, the representative pointed out that should problems of racial discrimination arise, his Government would strengthen protective measures, as necessary.

218. In connection with article 5, the representative provided information on the requirements of naturalization and cases when such requirements could be waived or reduced. In addition, he informed the Committee that naturalized citizens benefited from the same rights and had the same obligations as other citizens. Non-nationals could own property subject to the existence of a policy of reciprocity in the State of which they were nationals. Equally, foreign workers had the same rights as workers who were nationals of the country, provided that they were legally registered for work, i.e. in accordance with immigration laws.

219. With regard to article 7 of the Convention, the representative indicated that many schools for foreign nationals covered both primary and secondary levels and that his Government did not provide funding for such schools. There was no discrimination against foreign schools in relation to diplomas, since all schools were evaluated in accordance with uniform standards. Schools played an important role in promoting human rights, and educating people about human rights and observed human rights week each December. In addition, the representative explained that his Government recognized the importance of educating law enforcement officers in human rights standards and that a training programme for such officers was in operation.

220. In regard to the declaration under article 14 of the Convention, the representative indicated that his Government was still deliberating on that matter.

221. Finally, the representative said that he would transmit the Committee's comments to his Government, particularly those relating to article 4 of the Convention, national human rights institutions and the incorporation of the prohibition of racial discrimination in the Constitution. The new President of the Republic of Korea was committed to the promotion and protection of human rights and new goals were being set and new programmes developed to that end. The next report to be submitted under the Convention would reflect those developments.

Concluding observations

222. At its 1007th meeting, held on 17 August 1993, the Committee adopted the following concluding observations.

(a) Introduction

223. The Committee noted the timely submission of the report of the Republic of Korea which was a reflection of the Government's seriousness in meeting its obligations under the Convention.

224. The Committee welcomed the information contained in the report and the additional information provided by the delegation in its oral presentation.

(b) Positive aspects

225. The Committee welcomed the measures taken by the State party to introduce policies and to promulgate legislation in conformity with its international human rights treaty obligations. The Committee appreciated, in particular, the efforts of the Republic of Korea to implement article 3 of the Convention and noted the intention of the Government actively to consider making the declaration under article 14 of the Convention.

226. The Committee also noted that the State party had not encountered any serious ethnic problems during the reporting period.

(c) Principal subjects of concern

227. The Committee noted with concern that article 11 of the Constitution and other legal provisions prohibiting discrimination contained no reference to race and other factors as grounds of discrimination.

228. The Committee was equally concerned that the necessary legislative and other measures to prevent and prohibit racial discrimination had not been taken by the State party. It noted, in particular, that domestic legislation lacked provisions to implement article 4 of the Convention and did not provide for the criminal penalization of racially discriminatory acts.

229. The Committee expressed its concern at the reported discrimination suffered by Amerasian children, children of foreign workers and their spouses and persons living in regions other than the south-east of the Republic of Korea.

(d) Suggestions and recommendations

230. The Committee recommended that the State party's next report should include sufficient information on the implementation of the Convention in practice, including factors and difficulties encountered in that regard. Equally, the report should contain the text of legislative provisions such as relevant parts of the Constitution and Penal Code designed to prevent and address problems of racial discrimination.

231. The Committee recommended that the State party should study carefully various General Recommendations adopted by the Committee on matters relating to the implementation of the Convention. The contents of those Recommendations should not only guide the State party in the preparation of its next report but also assist it in determining the action to be taken to ensure more effective compliance with the provisions of the Convention. In that respect, particular attention was drawn to the mandatory nature of compliance with the provisions of article 4 of the Convention concerning the prohibition of racial discrimination; the development of national institutions to protect and promote human rights, especially with regard to matters of racial discrimination; and the importance of providing human rights training and education to law enforcement officials.

232. In addition, the Committee recommended that steps be taken to rectify the omission of race as a ground for discrimination from national legislation. The State party should also give careful consideration to adopting measures to prevent discrimination and to providing for the punishment of discrimination in criminal law.

233. The Committee encouraged the State party to make the declaration under article 14 of the Convention and recommended that the State party should give serious consideration to setting up a national institution composed of independent members to monitor the implementation of human rights, including matters relating to discrimination.

234. Moreover, the Committee expressed the wish to receive further information, in the next report, on the actual status of the Convention in domestic legislation, particularly in cases where the provisions of domestic legislation conflicted with those of international instruments; on the situation of children of mixed parentage and foreign workers and the general social attitude towards them; on the actions taken to assure equal provision of education, medical and other care and employment opportunities for those persons living in the south-western region of the Republic of Korea as compared to those living in the south-eastern region; and on the provision of education and training to promote tolerance and better understanding of the principles and provisions of human rights instruments.

235. The Committee also expressed the wish to receive detailed information on the effectiveness of legal remedies for those who suffered from discriminatory practices and on specific cases where compensation had been provided to victims of such discrimination.