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The Scope of South Korea's International Obligations

The Scope of South Korea's International Obligations

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Published by khulaw
UN Human Rights Council, Compilation Prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15(b) of the Annex to Human Rights Council Resolution 5/1 - Republic of Korea, 9 April 2008, A/HRC/WG.6/2/KOR/2, available at: http://www.unhcr.org/refworld/docid/4858ef1fd.html [accessed 5 March 2011]
UN Human Rights Council, Compilation Prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15(b) of the Annex to Human Rights Council Resolution 5/1 - Republic of Korea, 9 April 2008, A/HRC/WG.6/2/KOR/2, available at: http://www.unhcr.org/refworld/docid/4858ef1fd.html [accessed 5 March 2011]

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GE.08-12613 (E) 180408
UNITEDNATIONS
 
A
General Assembly
 
Distr.GENERALA/HRC/WG.6/2/KOR/29 April 2008Original: ENGLISHHUMAN RIGHTS COUNCILWorking Group on the Universal Periodic ReviewSecond sessionGeneva, 5-16 May 2008
COMPILATION PREPARED BY THE OFFICE OF THE HIGH COMMISSIONERFOR HUMAN RIGHTS, IN ACCORDANCE WITH PARAGRAPH 15(B) OF THEANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 5/1Republic of Korea
*
 
The present report is a compilation of the information contained in the reports of treaty bodies, specialprocedures, including observations and comments by the State concerned, and other relevant officialUnited Nations documents. It does not contain any opinions, views or suggestions on the part of the Office of theHigh Commissioner for Human Rights (OHCHR) other than those contained in public reports issued byOHCHR. It follows the structure of the general guidelines adopted by the Human Rights Council. Theinformation included herein has been systematically referenced in endnotes. The periodicity of the review for thefirst cycle being four years, most of the documents used as reference are dated after 1 January 2004. In theabsence of recent information, the latest available reports and documents have also been taken into consideration,unless they are outdated. Since this report only compiles information contained in official United Nationsdocuments, lack of information or focus on specific issues may be due to non-ratification of a treaty and/or to alow level of interaction or cooperation with international human rights mechanisms.
 
*
 
The information and references contained in the present document have not been verified byUnited Nations editors prior to submission for translation.
 
 
A/HRC/WG.6/2/KOR/2page 2
I. BACKGROUND AND FRAMEWORKA. Scope of international obligations
1
 
Core universal human rightstreaties
2
 Date of ratification,accession or successionDeclarations/ reservationsRecognition of specific competences of treaty bodies
ICERD 5 Dec. 1978 None Individual complaints (art. 14): YesICESCR 10 April 1990 NoneICCPR 10 April 1990 Art. 22 Inter-State complaints (art. 41): YesICCPR-OP 1 10 April 1990 NoneCEDAW 27 Dec. 1984 Art. 16(1 g)OP-CEDAW 18 Oct. 2006 None Inquiry procedure (arts. 8 and 9): YesCAT 9 Jan. 1995 None Inter-State complaints (art. 21): YesIndividual complaints (art. 22): YesInquiry procedure (art. 20): YesCRC 20 Nov. 1991 Yes (arts. 9para. 3, 21(a),40 para. 2(b)(v))-CRC-OP-AC 24 Sept. 2004 None -CRC-OP-SC 24 Sept. 2004 None -
Core treaties to which Republic of Korea is not a party:
ICCPR-OP 2, OP-CAT, ICRMW, CPD(signature only, 2007), CPD-OP and CED.
Other main relevant international instruments
 
Ratification, accession or succession
 Convention on the Prevention and Punishment of the Crime of Genocide YesRome Statute of the International Criminal Court YesPalermo Protocol
3
NoRefugees and stateless persons
4
YesGeneva Conventions of 12 August 1949 and Additional Protocols thereto
5
Yes, except Protocol except Protocol IIIILO fundamental conventions
6
Yes except 87, 98, 29, 105UNESCO Convention against Discrimination in Education No
1. The Committee on the Elimination of Racial Discrimination (CERD), the Committee on theElimination of Discrimination against Women (CEDAW) and the Committee on the Rights of theChild (CRC) encouraged the State to consider ratifying ICRMW
7
, while CEDAW called upon theState to consider ratifying the Palermo Protocol.
8
The Committee against Torture (CAT) noted thatthe State considered ratifying OP-CAT.
9
The State considered ratifying CPD and planned tosign CED
10
and committed to consider the accession of OP-CAT and ratification of 4 out of the8 ILO Fundamental Conventions.
11
CEDAW commended the State for the withdrawal of itsreservation to article 9 in 1999, but remained concerned that no clear timeline had been establishedto withdraw the reservation to article 16 para. 1(g).
12
The State informed in 2007 that it was activelystriving to withdraw its reservations to CEDAW and ICCPR.
13
CRC also remained very concernedat the State’s reservations to articles 9 para. 3, 21 (a), and 40 para. 2 (b) and (v).
14
The HumanRights Committee (HR Committee) regretted the State’s intention to maintain its reservation toarticle 22.
15
 
 
A/HRC/WG.6/2/KOR/2page 3
B. Constitutional and legislative framework
2. CRC welcomed the legislation enacted to implement further the Convention.
16
TheHR Committee and CEDAW welcomed the adoption of the Civil Code amendment, which includesthe abolition of the Family Head System due to come into force in 2008.
17
In 2001, the Committeeon Economic, Social and Cultural Rights (CESCR) noted with concern that, according to theConstitution, the status of ICESCR is equal to that of domestic laws and urged the State to accordthe ICESRC a legal status that would enable it to be invoked directly within the domestic legalsystem and that such status be superior to all national laws.
18
 
C. Institutional and human rights structure
3. The HR Committee, CEDAW and CRC welcomed the establishment of the NationalHuman Rights Commission of Korea (NHRCK) in 2001.
19
The NHRCK was accredited in 2004with “A status”. It is also a member of the International Coordinating Committee (ICC)Sub-Committee on Accreditation.
20
The HR Committee in 2006 and CEDAW in 2007 noted withappreciation the initiatives undertaken to strengthen the national machinery for the advancement of women.
21
CRC welcomed the fact that the State is considering to establish a permanent body withinthe Government to monitor the implementation of the Convention and recommended to expedite itsadoption.
22
 
D. Policy measures
4. CERD welcomed the adoption, in May 2007, of a National Action Plan for the Promotion andProtection of Human Rights.
23
In 2007, CEDAW commended the efforts of the Government toincorporate gender perspectives into all government policies and its introduction of agender-sensitive budget policy in 2006, while the HR Committee welcomed the introduction of theBasic Plan for Realization of Gender Equal Employment and a Recruitment Target Scheme forwomen.
24
With regard to the implementation of the World Programme for Human Rights Education,the Government informed of efforts to increase human rights education programs and resources fornationwide use, such as backing a bill to make human rights education in organizations a legalrequirement, training programs run by the NHRCK for soldiers and teachers, as well as policeofficers, prosecutors and correctional officers to ensure better protection of human rights in lawenforcement.
25
 
II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUNDA. Cooperation with human rights mechanisms1. Cooperation with treaty bodies
Treaty body
26
 Latest report submitted and considered Latest concludingobservationsFollow-upresponseReporting status
CERD 2006 August 2007 Due in August2008Fifteenth and sixteenth reports in a singledocument due in 2010CESCR 1999 May 2001 - Consideration of the third report is pendingHR Committee 2005 Nov. 2006 February 2008 Fourth report due in 2010CEDAW 2003 July 2007 - Seventh report due in 2010CAT 2004 May 2006 June 2007 Third to fifth reports in a singledocument due by 2012CRC 2000 January 2003 - Third and fourth reports in a singledocument due in Dec. 2008CRC-OP-AC 2007 - - Initial report to be considered in May 2008CRC-OP-SC 2007 - - Initial report to be considered in May 2008

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