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South Korea’s human rights commission under threat

23 January 2008, 02:04PM

South Korea's President-elect, Lee Myung-bak, has announced plans to change the status of the National Human Rights Commission (NHRC) from an independent body to one under the wing of the presidential office. We are concerned by this move, part of reorganisation plans announced on 16 January by the president's transition team.

The commission was established in 2001 as an independent body under the National Human Rights Commission Act. Article three of the act allows for the independence of the NHRC, in accordance with the UN's Paris Principles. The commission's independence is also provided for in the under article 10 of the constitution, which relates to the duty to protect human rights.

Lack of independence would undermine the objectivity and authority of the NHRC to speak out on human rights concerns in the country without fear of censorship. It would also deter victims, relatives and other individuals and organisations from complaining to the NHRC, for fear of reprisals or lack of hope to obtain justice.

We believe that placing the commission under the presidential office will be a setback for the promotion and protection of human rights in South Korea.

The purpose of national human rights institutions is to promote and protect human rights. They should do that through the effective investigation of broad human rights concerns and of individual complaints about human rights violations, and by making recommendations.

Since most of the human rights violations in South Korea are perpetrated by the state, international standards, in particular the Paris Principles, emphasise the importance of keeping national human rights institutions separate from the executive functions of government.

We strongly urge President-elect Lee Myung-bak to commit to keeping the commission as an independent body.

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