REPUBLIC OF KOREA: Lack of consultation with national NGOs in the framework of an international conference hosted by the NHRCK raises further concerns about the NHRCK’s independence and credibility

Geneva-Paris, April 14, 2011. TheObservatory for the Protection of Human Rights Defenders, a jointprogramme of the World Organisation Against Torture (OMCT) and theInternational Federation for Human Rights (FIDH), expressesits deep concern about the lack of consultation with South Korean NGOs in the framework of the “Consultation of International Civic Groups toStrengthen the United Nations Human Rights Treaty Body System” gathering civilsociety representatives and Treaty Bodies experts that is to take place inSeoul on April 19 and 20, 2011 and is hosted by the National Human RightsCommission of Korea (NHRCK).

The “Consultationof International Civic Groups to Strengthen the United Nations Human Rights TreatyBody System” takes place as a follow-upto the UN High Commissioner for Human Rights’ call in 2009 to strengthen andstreamline the UN human rights treaty body system, which was followed by aseries of consultative meetings of former and current members of UN treatybodies in 2009 and 2010. In that framework, consultation meetings with NGOswere scheduled in Seoul in April mainly for international NGOs and in Pretoriafor national NGOs from all over the world (in June 2011). A consultationmeeting is also planned in May 2011 for States parties to the different UNhuman rights treaties.

However, even though the conference is mainly about forging cooperation withinternational NGOs to strengthen the international human rights treaty bodysystem, the NHRCK has prepared the event without any advance preparations orconsultation whatsoever with South Korean human rights organisations. Indeed, thelatter were first made aware of the consultation through press coverage. A few days later, onMarch 21, 2011, six South Korean human rights NGOs received an email invitationto attend the meeting and a programme of the conference in English, i.e. lessthan a month before the event, but without being informed of the exactcontents, composition and position of the conference.

Given the lack of sufficient information theyreceived from the NHRCK, 57 human rights NGOs, including five out of the sixNGOs that were arbitrarily selected by the NHRCK to attend the Consultation,decided to boycott the coming consultation, in particular as they were fearingthat the NHRCK’s real intention is to improve its international image one monthbefore the meeting of the Sub-Committee on Accreditation of the InternationalCoordinating Committee of National Human Rights Institutions (ICC) in May,where the NHRCK’s special review of its status as an National Human RightsInstitution (NHRI) is expected to be discussed. The Observatory recalls that the credibility and independence of the NHRCKhave been seriously challenged since the appointment in July 2009 of Mr. Byung-Chul Hyun, who lacked experienceand expertise in the field of human rights, as new Chairperson of NHRCK. Mr.Byung-Chul Hyun’s appointment was considered by many civil society organisations as further evidenceof the subordination of NHRCK to the rulingadministration. Since then, the NHRCK has neglected and disregarded cooperation with thecivil society. These concerns were backed upby the UN Committee on Economic, Social and Cultural Rights when considering the third periodic report of theRepublic of Korea at its 43rd session in 2009.

In addition, to protest the current malfunctions of the NHRCK, and inparticular the dismissal of a human rights investigator who was the leader ofthe Commission labour union, which had criticised Mr. Hyun’s management of theNHRCK, three Commissioners, including two standing Commissioners, and 61members of the special committee, the advisory committee and the consultationcommittee have resigned from their posts. Subsequently, two new StandingCommissioners were appointed and have taken office: one was appointed by theSouth Korean President and the other was appointed by the ruling party. Neitherone has any substantive human rights experience.

The Observatory regrets that South Korean human rights NGOs that havebeen activelyengaged with various UN human rights treaty bodies for many years are not in aposition to participate in such an important Consultation, and accordingly urges the NHRCK to makesure it adheres to the UnitedNations principles regulating the status and functioning of NHRIs (“Paris Principles”) andits original mission to promote and protect human rights as an independentwatchdog.

“The lack of communication and consultation of local NGOs in such animportant human rights meeting violates the UN Declaration on Human RightsDefenders and the spirit of the Paris Principles, and we regret that thisConsultation be a lost opportunity to trigger an efficient discussion at the locallevel on reforms towards a strengthened Human Rights Treaty Body System”, deplored Eric Sottas, Secretary General of OMCT.

“We strongly urge the South Korea to conform with the provisions ofthe United Nations Declaration on Human Rights Defenders and ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinstruments ratified by the Republic of Korea”,concluded Ms. Souhayr Belhassen, FIDH President.

For further information, please contact:

• OMCT: Eric Sottas, Delphine Reculeau: + 41 22 809 49 39
• FIDH: Karine Appy, Arthur Manet: + 33 1 43 55 25 18