South Korea
12.01.04
Urgent Interventions
South Korea: crackdown against undocumented migrant workers
Case KOR 120104.ESCR
Economic, Social and Cultural Rights Concern
The International Secretariat of OMCT requests your URGENT
intervention in the following situation in South Korea (Republic of
Korea).
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian
Human Rights Commission (AHRC), a member of the OMCT network, about
the ongoing crackdown against undocumented migrant workers and their
representatives in South Korea, notably through forced deportation,
arbitrary detentions and manhunts.
The crackdown against 'illegal' migrant workers was launched on
October 24, 2003. Since that date, around 27,000 migrant workers have
reportedly been deported or have left the country. Currently, an
estimated 120,000 illegal migrant workers, who have been in South
Korea for more than four years, are facing forced deportation by the
South Korean government from 16 November 2003 onwards if they don't
leave the country voluntarily before this date. Company owners who
employ illegal workers who have stayed for more than the legal term
of 4 years will face up to three years in prison and fines of 20
million won (about US$17,000). The number of foreign workers in South
Korea is estimated to be 360,000. According to current law, 290,000
are classified as illegal residents.
According to the information received over the last two months, the
South Korean government has been launching bi-weekly crackdown
manhunts of migrant workers in their neighbourhoods, factories and in
downtown shopping districts, causing migrant workers to be in
constant fear. In a statement, the South Korean Justice Ministry
reportedly said that 50 special squads would round up workers on,
immediately expelling those who had air tickets and passports. The
Minister also said that he would work with home country embassies to
repatriate those without documents and tickets. As a result, many
migrant workers have reportedly left the country and others have
taken to the hills, hiding out in the mountains until the crackdown
ends. Due to the pressure of crackdown and deportation, already six
migrant workers from Sri Lanka, Bangladesh, Russia and Uzbekistan
have reportedly committed suicide, while two young workers have died
of heart attacks.
It is also reported that employers have also been hit with exorbitant
fines, forcing them to lay off their already paid foreign workers.
Other reports, quoting local media sources, have alleged that South
Korean employers were taking advantage of the impending expulsions to
withhold some $2.6 million in wages owed to 1,460 workers.
In response to this situation, demonstrations and protests have been
organised by the Equality Trade Union-Migrants' Branch (ETU-MB), the
only nationwide migrant labour union that was build up and created by
migrant workers. Reports indicate that ETU-MB members and supporters
have been physically attacked by riot police and immigration
authorities during recent demonstrations. The ETU-MB also organised a
sit-in struggle at the Myeongdong Cathedral, demanding the
abolishment of the Industrial Trainee System (ITS), the establishment
of a five-year working visa, freedom to choose one's place of work,
the release of all migrant workers being held in detention centres,
legalization of all undocumented migrant workers and the guarantee of
the three basic labour rights stipulated by the South Korean
Constitution: the rights to organise, of collective bargaining and of
collective action. It is reported that whenever the ETU-MB members
poked their heads out of the Myongdong Cathedral, there were police
ready to detain and deport them.
Reports also indicate that the South Korean government has already
made it clear that it intends to break the ETU-MB and deport its
leaders. In this respect, two Bangladesh migrant workers of the ETU-
MB, Khademul Islam Bidduth and Jamal Ali were forcibly deported by
the South Korean' authorities on 30 December 2003 to Bangladesh. Both
are now reportedly facing prosecution by the Bangladesh government,
at the request of the South Korean authorities, for having associated
with trade unions and civil society groups while in Korea.
Background Information
In South Korea, the Industrial Trainee System (ITS) is a common
source of cheap and docile labour, allowing systematic exploitation
and abuse of migrant workers. The ITS only guarantees migrant workers
a three-year legal stay in Korea, but as a trainee, not a legal
worker. After three years, the 'trainees' must go back to their
country. As trainees, migrant workers have no 'legal' rights and
bargaining power. Moreover, they do not receive protection from local
unions or state regulatory bodies because they are not 'legitimate'
workers, even though they perform the same jobs as regular ones. At
present, migrant workers are not allowed to join unions.
Migrant workers are mainly employed in small factories as trainees
with labour intensive production and they have to perform the so-
called 3-D (dirty, dangerous and difficult) jobs with very low
payment (around US$ 350 per month), long working hours and no labour
rights. Despite frequent industrial accidents, they are not entitled
to compensation. It is no wonder that migrant workers employed as
trainees run away from their work and become undocumented workers.
Around 80 percent of all foreign workers in South Korea are
reportedly illegal migrants.
The Employment Permit System (EPS), introduced in legislation in the
summer of 2003, was originally intended to replace the much disdained
ITS. However, the EPS and ITS will now run alongside each other, and
there is no guarantee that the EPS could improve the condition of
migrant workers in any positive way. The main point of EPS is that
the government will control employers by applying strict standards in
the allowance of hiring migrant workers, and through that, the
government intends to improve working environment for migrant
workers.
According to the new EPS, migrant workers residing in South Korea for
more then 4 years - the majority of migrants - have to leave the
country without any possibility of coming back. With the recent
crackdown, those migrants who are deported will be replaced by
'workers', who in four years' time will also become illegal, causing
the government, migrant workers and Korean society to face the same
problems they face today.
Action requested:
i.
put an immediate stop to the deportation and crackdown against
migrant workers and ETU-MB activists.
ii. ensure that no workers are forcibly sent back to countries where
they are at risk of being tortured, ill-treated or arbitrarily
detained and that each worker subject to deportation receives and
full and fair individual determination;
iii. extend the deadline for expulsion to ensure that mass
deportations of people are not carried out, to discuss pending issues
such as wages owed to the workers and rights of children born to an
illegal worker and a South Korean partner, and to set up co-operation
schemes with countries of origin to ensure rehabilitation of the
workers on their return;
iv. guarantee that the search for illegal workers and any return of
individuals is carried out in a way which does not violate human
rights safeguards and ensures the physical integrity and safety of
individuals;
v. ensure that the workers are paid all wages and benefits owed to
them, and that respect for family life and humanitarian
considerations are taken into account and workers with these needs
are regularised;
vi. take all necessary measures to guarantee the physical and
psychological integrity of the workers who are at risk of
deportation;
Addresses:
Mr. Roh Moo-hyun, President, 1 Sejong-no, Jongno-gu, Seoul 110-820,
REPUBLIC OF KOREA; Tel: +822 770-0018; Fax: +822 770-0347 or 770-0001
/ +822 770-2579; 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: +822 504 3337 /
+822 503 7046 (HR Department); E-mail: jk.kim@moj.go.kr or
kskang7@moj.go.kr
Mr. Kwon Ki Hong, Minister of Labour, 1 Jungang-ro, Gwacheon-si,
Gyonggi Province, 427-760
REPUBLIC OF KOREA; Tel: +82 2 2110 2114; Fax: +82 2 6494 6494
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 9700; Fax: +82 2 2125 9811 / 9666; E-mail:
nhrc@humanrights.go.kr
Please also write to the embassies of South Korea in your respective
country.
Geneva, January 12, 2003
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
Economic, Social and Cultural Rights Concern
The International Secretariat of OMCT requests your URGENT
intervention in the following situation in South Korea (Republic of
Korea).
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian
Human Rights Commission (AHRC), a member of the OMCT network, about
the ongoing crackdown against undocumented migrant workers and their
representatives in South Korea, notably through forced deportation,
arbitrary detentions and manhunts.
The crackdown against 'illegal' migrant workers was launched on
October 24, 2003. Since that date, around 27,000 migrant workers have
reportedly been deported or have left the country. Currently, an
estimated 120,000 illegal migrant workers, who have been in South
Korea for more than four years, are facing forced deportation by the
South Korean government from 16 November 2003 onwards if they don't
leave the country voluntarily before this date. Company owners who
employ illegal workers who have stayed for more than the legal term
of 4 years will face up to three years in prison and fines of 20
million won (about US$17,000). The number of foreign workers in South
Korea is estimated to be 360,000. According to current law, 290,000
are classified as illegal residents.
According to the information received over the last two months, the
South Korean government has been launching bi-weekly crackdown
manhunts of migrant workers in their neighbourhoods, factories and in
downtown shopping districts, causing migrant workers to be in
constant fear. In a statement, the South Korean Justice Ministry
reportedly said that 50 special squads would round up workers on,
immediately expelling those who had air tickets and passports. The
Minister also said that he would work with home country embassies to
repatriate those without documents and tickets. As a result, many
migrant workers have reportedly left the country and others have
taken to the hills, hiding out in the mountains until the crackdown
ends. Due to the pressure of crackdown and deportation, already six
migrant workers from Sri Lanka, Bangladesh, Russia and Uzbekistan
have reportedly committed suicide, while two young workers have died
of heart attacks.
It is also reported that employers have also been hit with exorbitant
fines, forcing them to lay off their already paid foreign workers.
Other reports, quoting local media sources, have alleged that South
Korean employers were taking advantage of the impending expulsions to
withhold some $2.6 million in wages owed to 1,460 workers.
In response to this situation, demonstrations and protests have been
organised by the Equality Trade Union-Migrants' Branch (ETU-MB), the
only nationwide migrant labour union that was build up and created by
migrant workers. Reports indicate that ETU-MB members and supporters
have been physically attacked by riot police and immigration
authorities during recent demonstrations. The ETU-MB also organised a
sit-in struggle at the Myeongdong Cathedral, demanding the
abolishment of the Industrial Trainee System (ITS), the establishment
of a five-year working visa, freedom to choose one's place of work,
the release of all migrant workers being held in detention centres,
legalization of all undocumented migrant workers and the guarantee of
the three basic labour rights stipulated by the South Korean
Constitution: the rights to organise, of collective bargaining and of
collective action. It is reported that whenever the ETU-MB members
poked their heads out of the Myongdong Cathedral, there were police
ready to detain and deport them.
Reports also indicate that the South Korean government has already
made it clear that it intends to break the ETU-MB and deport its
leaders. In this respect, two Bangladesh migrant workers of the ETU-
MB, Khademul Islam Bidduth and Jamal Ali were forcibly deported by
the South Korean' authorities on 30 December 2003 to Bangladesh. Both
are now reportedly facing prosecution by the Bangladesh government,
at the request of the South Korean authorities, for having associated
with trade unions and civil society groups while in Korea.
Background Information
In South Korea, the Industrial Trainee System (ITS) is a common
source of cheap and docile labour, allowing systematic exploitation
and abuse of migrant workers. The ITS only guarantees migrant workers
a three-year legal stay in Korea, but as a trainee, not a legal
worker. After three years, the 'trainees' must go back to their
country. As trainees, migrant workers have no 'legal' rights and
bargaining power. Moreover, they do not receive protection from local
unions or state regulatory bodies because they are not 'legitimate'
workers, even though they perform the same jobs as regular ones. At
present, migrant workers are not allowed to join unions.
Migrant workers are mainly employed in small factories as trainees
with labour intensive production and they have to perform the so-
called 3-D (dirty, dangerous and difficult) jobs with very low
payment (around US$ 350 per month), long working hours and no labour
rights. Despite frequent industrial accidents, they are not entitled
to compensation. It is no wonder that migrant workers employed as
trainees run away from their work and become undocumented workers.
Around 80 percent of all foreign workers in South Korea are
reportedly illegal migrants.
The Employment Permit System (EPS), introduced in legislation in the
summer of 2003, was originally intended to replace the much disdained
ITS. However, the EPS and ITS will now run alongside each other, and
there is no guarantee that the EPS could improve the condition of
migrant workers in any positive way. The main point of EPS is that
the government will control employers by applying strict standards in
the allowance of hiring migrant workers, and through that, the
government intends to improve working environment for migrant
workers.
According to the new EPS, migrant workers residing in South Korea for
more then 4 years - the majority of migrants - have to leave the
country without any possibility of coming back. With the recent
crackdown, those migrants who are deported will be replaced by
'workers', who in four years' time will also become illegal, causing
the government, migrant workers and Korean society to face the same
problems they face today.
Action requested:
i.
put an immediate stop to the deportation and crackdown against
migrant workers and ETU-MB activists.
ii. ensure that no workers are forcibly sent back to countries where
they are at risk of being tortured, ill-treated or arbitrarily
detained and that each worker subject to deportation receives and
full and fair individual determination;
iii. extend the deadline for expulsion to ensure that mass
deportations of people are not carried out, to discuss pending issues
such as wages owed to the workers and rights of children born to an
illegal worker and a South Korean partner, and to set up co-operation
schemes with countries of origin to ensure rehabilitation of the
workers on their return;
iv. guarantee that the search for illegal workers and any return of
individuals is carried out in a way which does not violate human
rights safeguards and ensures the physical integrity and safety of
individuals;
v. ensure that the workers are paid all wages and benefits owed to
them, and that respect for family life and humanitarian
considerations are taken into account and workers with these needs
are regularised;
vi. take all necessary measures to guarantee the physical and
psychological integrity of the workers who are at risk of
deportation;
Addresses:
Mr. Roh Moo-hyun, President, 1 Sejong-no, Jongno-gu, Seoul 110-820,
REPUBLIC OF KOREA; Tel: +822 770-0018; Fax: +822 770-0347 or 770-0001
/ +822 770-2579; 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: +822 504 3337 /
+822 503 7046 (HR Department); E-mail: jk.kim@moj.go.kr or
kskang7@moj.go.kr
Mr. Kwon Ki Hong, Minister of Labour, 1 Jungang-ro, Gwacheon-si,
Gyonggi Province, 427-760
REPUBLIC OF KOREA; Tel: +82 2 2110 2114; Fax: +82 2 6494 6494
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 9700; Fax: +82 2 2125 9811 / 9666; E-mail:
nhrc@humanrights.go.kr
Please also write to the embassies of South Korea in your respective
country.
Geneva, January 12, 2003
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.