South Korea
29.04.05
Urgent Interventions
South Korea: arbitrary arrest of two trade union leaders and crackdown on KGEU
KOR 001/0405/OBS 027
Arbitrary arrests and detentions /
Obstacles to freedom of assembly and association
South Korea
April 29, 2005
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in South Korea.
Description of the situation:
The Observatory has been informed by the International Confederation of Free Trade Unions (ICFTU) of the arrest of two trade union leaders, as well as of police raids on the offices of the Korean Government Employees Union (KGEU).
According to the information received, Mr. Ahn Byeong-Soon, KGEU General Secretary, was arrested on March 15, 2005, and on March 17, 2005, the courts allowed for his continued detention. Mr. Ahn is reportedly imprisoned in Seoul Prison. The police also arrested Mr. Kim Young-Gil, KGEU President, on April 8, 2005. According to KGEU, it is to be feared that he will be detained and imprisoned for several months. As of the time of writing, the Observatory has not been informed of the charges held against the two men.
The Observatory notes that their arrest takes place in the context of a general crackdown on KGEU, which is considered as an illegal union, as it is illegal to organise for civil servants in South Korea.
Mr. Ahn Byeong-Soon and Mr. Kim Young-Gil were arrested after an arrest warrant was issued against them on November 9, 2004, in relation with a general strike in opposition to the Bill on the Public Officials’ Trade Union Act that took place in November 2004. At the time, the government of Korea attempted to prevent nation-wide rallies organised by the Korean Confederation of Trade Unions (KCTU) and KGEU in protest of this Bill (See background information). Riot police have surrounded and monitored the KGEU office building since November 2004 and have prevented almost every event of KGEU. The arrests warrants against Mr. Ahn Byeong-Soon and Mr. Kim Young-Gil were pending ever since.
Furthermore, according to the information received, the Ministry of Government Administration and Home Affairs (MOGAHA) has started at the end of 2004 a “New Wind Campaign” targeting KGEU and promoting a “reformation of organisational culture, focusing on rearing workplace councils and healthy employee groups”.
Background information:
At a press conference on September 8, 2004, the Minister of Government Administration and Home Affairs (MOGAHA), Mr. Huh Sung Kwan, announced that all rallies and demonstrations would be banned, and organisers and participants charged with criminal acts. The Minister also announced that he might withhold subsidies from local government authorities negotiating collective agreements with the KGEU, and that the ministry would prevent KGEU from creating a “struggle fund”, and prosecute the organisers the fund. He further issued directives on September 9 and 13, 2004, prohibiting government departments from permitting the collection of union solidarity funds and the collection of union fees for the KGEU on the grounds that it is an illegal organisation (See Observatory Annual Report 2004).
While the KGEU was holding a rally on October 9 and 10, 2004, in order to mobilise opposition to the proposed Bill on the Establishment and Operation of Public Officials’ Trade Unions, the police responded violently, and ten union members were injured. Another 40 members were arbitrarily detained for 20 hours. On October 19, 2004, the government held a ministerial meeting to deliberate and confirm the Bill, and decided to submit it to the National Assembly. The Bill was passed on December 31, 2004, and is due to take effect in 2006. It proposes that the Act will be enacted as the special law under the Trade Unions and Labour Relations Adjustment Act and contains provisions restricting trade unions’ rights.
Action requested:
Please write to the authorities in South Korea urging them to:
i. guarantee in all circumstances the physical and psychological integrity of Mr. Kim Young-Gil and Mr. Ahn Byeong-Soon, as well as of all human rights defenders in the country;
ii. release immediately and unconditionally Mr. Kim Young-Gil and Mr. Ahn Byeong-Soon, and all human rights defenders and trade unionists who are arbitrarily detained;
put an end to all forms of harassment, legal action, and ill-treatment of human rights defenders in South Korea, in particular against KGEU members, as well as any obstacles to freedom of expression and assembly;
iii. revise the Bill on the Establishment and Operation of Public Officials’ Trade Unions, so as to put Korean Law in accordance with international standards;
iv. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular article 1, which states that “everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels”, article 5.b which stipulates that everyone has the right “(b) To form, join and participate in non-governmental organisations, associations or groups, as well as article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
v. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by South Korea.
Addresses:
***
Paris - Geneva, April 29, 2005
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 1 43 55 20 11 / + 33 1 43 55 18 80
Tel and fax: OMCT : + 41 22 809 49 39 / + 41 22 809 49 29
E-mail : observatoire@iprolink.ch
Arbitrary arrests and detentions /
Obstacles to freedom of assembly and association
South Korea
April 29, 2005
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in South Korea.
Description of the situation:
The Observatory has been informed by the International Confederation of Free Trade Unions (ICFTU) of the arrest of two trade union leaders, as well as of police raids on the offices of the Korean Government Employees Union (KGEU).
According to the information received, Mr. Ahn Byeong-Soon, KGEU General Secretary, was arrested on March 15, 2005, and on March 17, 2005, the courts allowed for his continued detention. Mr. Ahn is reportedly imprisoned in Seoul Prison. The police also arrested Mr. Kim Young-Gil, KGEU President, on April 8, 2005. According to KGEU, it is to be feared that he will be detained and imprisoned for several months. As of the time of writing, the Observatory has not been informed of the charges held against the two men.
The Observatory notes that their arrest takes place in the context of a general crackdown on KGEU, which is considered as an illegal union, as it is illegal to organise for civil servants in South Korea.
Mr. Ahn Byeong-Soon and Mr. Kim Young-Gil were arrested after an arrest warrant was issued against them on November 9, 2004, in relation with a general strike in opposition to the Bill on the Public Officials’ Trade Union Act that took place in November 2004. At the time, the government of Korea attempted to prevent nation-wide rallies organised by the Korean Confederation of Trade Unions (KCTU) and KGEU in protest of this Bill (See background information). Riot police have surrounded and monitored the KGEU office building since November 2004 and have prevented almost every event of KGEU. The arrests warrants against Mr. Ahn Byeong-Soon and Mr. Kim Young-Gil were pending ever since.
Furthermore, according to the information received, the Ministry of Government Administration and Home Affairs (MOGAHA) has started at the end of 2004 a “New Wind Campaign” targeting KGEU and promoting a “reformation of organisational culture, focusing on rearing workplace councils and healthy employee groups”.
Background information:
At a press conference on September 8, 2004, the Minister of Government Administration and Home Affairs (MOGAHA), Mr. Huh Sung Kwan, announced that all rallies and demonstrations would be banned, and organisers and participants charged with criminal acts. The Minister also announced that he might withhold subsidies from local government authorities negotiating collective agreements with the KGEU, and that the ministry would prevent KGEU from creating a “struggle fund”, and prosecute the organisers the fund. He further issued directives on September 9 and 13, 2004, prohibiting government departments from permitting the collection of union solidarity funds and the collection of union fees for the KGEU on the grounds that it is an illegal organisation (See Observatory Annual Report 2004).
While the KGEU was holding a rally on October 9 and 10, 2004, in order to mobilise opposition to the proposed Bill on the Establishment and Operation of Public Officials’ Trade Unions, the police responded violently, and ten union members were injured. Another 40 members were arbitrarily detained for 20 hours. On October 19, 2004, the government held a ministerial meeting to deliberate and confirm the Bill, and decided to submit it to the National Assembly. The Bill was passed on December 31, 2004, and is due to take effect in 2006. It proposes that the Act will be enacted as the special law under the Trade Unions and Labour Relations Adjustment Act and contains provisions restricting trade unions’ rights.
Action requested:
Please write to the authorities in South Korea urging them to:
i. guarantee in all circumstances the physical and psychological integrity of Mr. Kim Young-Gil and Mr. Ahn Byeong-Soon, as well as of all human rights defenders in the country;
ii. release immediately and unconditionally Mr. Kim Young-Gil and Mr. Ahn Byeong-Soon, and all human rights defenders and trade unionists who are arbitrarily detained;
put an end to all forms of harassment, legal action, and ill-treatment of human rights defenders in South Korea, in particular against KGEU members, as well as any obstacles to freedom of expression and assembly;
iii. revise the Bill on the Establishment and Operation of Public Officials’ Trade Unions, so as to put Korean Law in accordance with international standards;
iv. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular article 1, which states that “everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels”, article 5.b which stipulates that everyone has the right “(b) To form, join and participate in non-governmental organisations, associations or groups, as well as article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
v. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by South Korea.
Addresses:
- Mr. Roh Moo-hyun, President of the Republic, 1 Sejong-no, Jongno-gu Seoul 110-820, Republic of Korea. Tel: +822 770-0018; Fax: + 82 2 770-03 47 or 770-0001 / + 82 2 770-25 79.
E-mail: president@cwd.go.kr or president@president.go.kr - Ms. Kang Kum-sil, Minister of Justice, 1 Jungang-ro, Gwachon-si, Gyonggi Province, 427-760 Republic of Korea. Fax: +82 2 504 33 37 / +82 2 503 70 46 (HR Department)
E-mail: jk.kim@moj.go.kr or kskang7@moj.go.kr - Mr. Kwon Ki Hong, Minister of Labor, 1 Jungang-ro, Gwacheon-si, Gyonggi Province, 427-760 Republic of Korea. Tel: +82 2 2110 21 14; Fax: +82 2 6494 64 94
- Chang-kook Kim, President, National Human Rights Commission of Korea, 16 Euljiro 1-ga, Jung-gu Seoul 100 842 Republic of Korea. Tel: +82 2 2125 97 00; Fax: +82 2 2 125 98 11 / 96 66
E-mail: nhrc@humanrights.go.kr - Mr. Huh Sung Kwan, Minister of Government Administration and Home Affairs, Fax: +82-2-3703-5501 and +82-2-3703-5526
- Please also write to the embassies of South Korea in your respective country.
***
Paris - Geneva, April 29, 2005
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 1 43 55 20 11 / + 33 1 43 55 18 80
Tel and fax: OMCT : + 41 22 809 49 39 / + 41 22 809 49 29
E-mail : observatoire@iprolink.ch