32nd Regular Session of the UN Human Rights Council
Item 3: Promotion and Protection of all Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development

Interactive Dialogue with the UN Special Rapporteur

on the rights to freedom of peaceful assembly and of association

Oral Statement Delivered by Ms. Minjuwha Baek on Behalf of
People’s Solidarity for Participatory Democracy (PSPD)
Korean Center for United Nations Human Rights Policy (KOCUN)
MINBYUN-Lawyers for a Democratic Society

Friday, 17 June 2016

 
Thank you, Mr. President.
 
My name is Minjuwha Baek, and I am the daughter of the 69 year-old farmer Namgi Baek in the Republic of Korea who was mentioned in the Special Rapporteur’s report. My father was targeted and knocked down by the police’s water cannon on 14 November last year, during a protest for the increase in rice prices. He remains in coma for more than 200 days due to severe brain damage.
 
The Government imposed an arbitrary ban on the protest, claiming it was not an assembly but a crime. They named the protest unlawful and not peaceful, even before it took place. The police arrested or summoned more than 500 protesters. This includes Mr. Sang-kyun Han, the president of Korean Confederation of Trade Unions(KCTU), facing up to 8-year imprisonment for organizing the protest.
 
The police blocked main roads and streets with hundreds of bus barricades and thousands of police forces, even hours before the protest. The police shot water cannons with capsaicin to protesters indiscriminately for hours.
 
No apology, No investigation, No justice.
The government of the Republic of Korea insisted on having a thorough investigation. For 7 months, all they did was summoning my sister once. If you hit someone who is not attacking you, you should apologize and do everything to fix it. Every human being knows this.
 
We want a sincere apology, thorough investigation, and justice for my family and for all.
 
Mr. President,
If you allow me for 5 seconds I would like to invite my father to speak for himself. (Holding Mr. Baek's photo)
 
Thank you, Mr. President
 

Situation of Freedom of Peaceful Assembly and Association in the Republic of Korea

The UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Mr. Maina Kiai, is officially visiting South Korea from 20 January to 29 January 2016. South Korean NGOs built a coalition and jointly prepared the Special Rapporteur's visit. As a part of our work, we published the English report "Situation of Freedom of Peaceful Assembly and Association in the Republic of Korea".

We Oppose THAAD System Deployment in South Korea

(Seoul, 16 February 2016) After North Korea conducted its 4th nuclear test and launched a long-range rocket, the governments of South Korea and the US officially announced plans to deploy the Terminal High Altitude Area Defense (THAAD) system in South Korea. We are gravely concerned about the negative impact of this planned deployment in South Korea, and strongly urge both governments to avoid deploying this weapon as it will escalate tension on the Korean Peninsula and in Northeast Asia, and create further problems related to the North Korean nuclear issue. 

The problems we foresee include:

1. Escalation of Military Tension in Northeast Asia 
We note with concern that deployment of THAAD in South Korea will make this nation officially part of the Northeast Asia Missile Defense system, led by the US and Japan. This will inevitably escalate military tension between the US-South Korea-Japan and North Korea-China-Russia and the nuclear arms race in the region.

The US and South Korean governments continue to argue that deployment of the THAAD system in South Korea is a response to the existence of North Korean nuclear weapons and missiles. However, THAAD is not an effective tool to defend against North Korean ballistic missiles targeting South Korea, due to its short range and low peak altitude.

Both governments also insist that China has no need to worry as THAAD radars can be fixed towards North Korea and deployed in terminal mode with low detectable range. However, a multitude of experts contend that it is easy to change terminal mode to forward-based mode, putting most Chinese territory under detectable range, regardless of THAAD’s location in South Korea. 

We believe the main purpose of THAAD in South Korea will be to use the AN/TPY2 radar to identify and trace in the early stages any mid- to long-range ballistic missile from China or North Korea heading to the US mainland or US army bases in Japan or Guam. Based on information provided by the South Korean government to the US and Japan, the rate of interception by the US Missile Defense strategy will increase. 

2. More Difficulty in Resolving Nuclear Issues on the Korean Peninsula 
We emphasize that deployment of the THAAD system in South Korea will make it more difficult to resolve nuclear issues on the peninsula, especially due to the strong opposition from China. China has been managing North Korea’s brinkmanship diplomacy through coordination of the Six-Party Talks and support for or even pressure on North Korea. Deployment of THAAD in South Korea will remove the motivation for China to play an active role in continuing to manage North Korea’s nuclear activity or play a constructive role in reopening the 6-party talks. In addition, rather than resolving the North Korean nuclear issue, deploying THAAD in South Korea will justify to North Korea the importance of developing the quality and increasing the numbers of its nuclear weapons to overwhelm the missile defense system. 

Fundamentally, the North Korean nuclear crisis is the result of hostile relations between North Korea and the US. These hostile relations on the Korean peninsula can be resolved through dialogue and negotiations between the relevant stakeholders, including North Korea and the US.  /END/
 

South Korea: Reopen Kaesong Industrial Complex Immediately

(Seoul, 11 February 2016) On 10 February 2016, the South Korean government announced the closure of Kaesong Industrial Complex, citing North Korea’s 4th nuclear test and launching of a long-range rocket as reasons. However, South Korean civil society organisations emphasise that closure of Kaesong Industrial Complex is an absolutely improper measure. We call on the South Korean government to immediately reopen Kaesong Industrial Complex. It is not a time to immediately end relations with North Korea. Instead, we must find wise solutions to escape this cold period. 

We note with concern that the closure of Kaesong Industrial Complex goes completely against the 2013 agreement between the two Koreas in which they each committed to continue operations at Kaesong Industrial Complex regardless of the political situation. This recent unilateral decision by the South Korean government is also a violation of the Economic Partnership Agreement between the two countries, which is a de facto international treaty. 

The South Korean government argues that approximately 120 billion KRW (around 120 million USD) in wages paid to workers at Kaesong Industrial Complex has been used in development of nuclear weapons and missiles. This accusation has no grounds because most wages paid to North Korean workers are in the form of social and cultural policy funds and gift cards. 

We deplore the South Korean government actions, which ignore the lives of the North Korean workers and difficulties faced by South Korean companies, around 120 of whom face bankruptcy as a result of the closure. While the South Korean government is discussing an alternative site for a factory and financial support, nothing can replace Kaesong Industrial Complex to companies. At the same time, the approximately 54,000 North Korean workers and their families are now at the edge of a precipice. They are not at all related to North Korea’s nuclear testing or long-range rocket launch. 

It is obvious that additional sanctions will not resolve North Korea’s nuclear ambitions, as the past 20 years of sanctions against it have not been successful. It is clear that establishing a peace system and denuclearisation is the only effective solution, not simply repeating already-failed policies of sanctions. The South Korean government must reopen Kaesong Industrial Complex immediately.  /END/

Endorsed by below 69 civil society organisations and networks: 
Busan Counseling Center Against Sexual Violence, Busan Women's Association United, Cheonan Women's Association, Chungbuk Civil Society Organizations Network in Korea, Chungnam Civil Society Organizations Network in Korea, Citizens Coalition for Democratic Media, Civil Peace Forum, Civil Society Organizations Network in Korea, Cultural Action, Daegu Citizens Union for Peaceful Reunification, Daegu Gyeongbuk Women's Association United, Daegu Women's Association, Daejeon Civil Society Organizations Network in Korea, Daejeon Women's Association for Democracy, Daejeon Women's Association United, Eco Horizon Institute, Eco Justice, Goyang Peace Nuri, Green Korea United, Green Transport Movement, Gwangju Jeonnam Women's Association United, Gyeonggi Civil Society Organizations Network in Korea, Gyeonggi Women's Association United, Gyeongnam Civil Society Organizations Network in Korea, Gyeongnam Women's Association, Gyeongnam Women's Association United, Housewives Association, Jeju Women's Association, Jeju Women's Human Rights Solidairty, Jeonbuk Civil Society Organizations Network in Korea, Jeonbuk Women's Association United, Jeonnam Civil Society Organizations Network in Korea, Korea Association of Christian Women for Women Minjung, Korea Sexual Violence Relief Center, Korea Single Parent United, Korea Women's Hot Line, Korea Women's Political Solidarity, Korea Women's Studies Institute, Korea YMCA, Korea Youth Corps, Korean Association of Women Theologians, Korean Catholic Women's Community for a New World, Korean Differently Abled Women United, Korean Federation for Environmental Movement, Korean Sharing Movement, Korean Women Workers Association, Korean Women's Association United, Korean Women's Environmental Network, National Solidarity for Solving Prostitution Issues, Network for Gender Sensitive Budget, Peace Ground, Peace Network, Peace3000, People's Solidarity for Participatory Democracy, Pohang Women's Association, Pusan Women Education Center, Research Institute of the Differently Abled Person's Rights in Korea, Reunification Tree, Saewoomtuh, Suwon Women's Association, The National Association of Parents for Cham Education, Tongilmaji, Transparency International Korea, Ulsan Women's Association, Women Education Center, Women Making Peace, Women Migrants Human Rights Center of Korea, WomenLink, Young Korean Academy
 

구두발언중인 백가윤 간사 / 사진출처 참여연대

32nd Regular Session of the UN Human Rights Council

Item 3: Promotion and Protection of all Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development

Interactive Dialogue with the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

Oral Statement Delivered by Ms. Gayoon Baek on Behalf of
People’s Solidarity for Participatory Democracy (PSPD) and
MINBYUN-Lawyers for a Democratic Society

Thursday, 16 June 2016

Thank you, Mr. President. This is a joint statement by People’s Solidarity for Participatory Democracy (PSPD) and MINBYUN-Lawyers for a Democratic Society, on behalf of 9 NGOs in the Republic of Korea.¹⁾

We welcome the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (A/HRC/32/28), and share the view that not only states but also private sector should be responsible for promoting and protecting freedom of expression in the digital age.

In the Republic of Korea, Article 83(3) of the Telecommunications Business Act ²⁾ allowing the provision of subscribers’ personal information without warrant is being arbitrarily used by state law enforcement agencies. There is a lack of oversight by external bodies such as courts and no reviewing process. In 2013 alone, the number of warrantless seizure of subscribers’ personal information has reached over 10 million cases³⁾ , which amounts to one fifth of the total population of the Republic of Korea. The reason of such seizers is not disclosed by the Government, which leads to violations of the rights to know and to privacy. As a result, in May 2016, five hundred people filed a constitutional complaint about the provision of subscribers’ personal information and are waiting for the court decision.

We would like to ask the Special Rapporteur:
•    Would the provision of subscribers’ information without permit of an independent authority amount to a breach of right to anonymous expression in a digital age?
•    Who should be ultimately responsible between the state and private sector, for such warrantless seizures of information and breaches of the right to anonymous communications? Private sector and state transfer responsibilities on each other. Because of vague stipulations that state interferences ‘can’ or ‘may’ take place, government surveillance is now more clandestine, massive in scale, automatic, ubiquitous, and cheaper to conduct than before. If the problem of accountability remains unclear, the right to freedom of opinion and expression in the digital age would be hindered.

Thank you.

1)  Catholic Human Rights Committee, Human Rights Movement Space 'Hwal', Korean Alliance for Progressive Movement, Korean Confederation of Trade Union, Korean Progressive Network 'Jinbonet', MINBYUN-Lawyers for a Democratic Society, People's Solidarity for Participatory Democracy, SARANGBANG Group for Human Rights, The Center for Freedom of Information and Transparent Society

2)  Telecommunications Business Act Article 83 (Protection of Confidentiality of Communications) (3) A telecommunications business operator may comply with a request for the perusal or provision of any of the following data (hereinafter referred to as "provision of communications data") from a court, a prosecutor, the head of an investigative agency (including the head of a military investigative agency, the Commissioner of the National Tax Service and the Commissioner of a Regional Tax Office; hereinafter the same shall apply) or the head of an intelligence and investigation agency, who intends to collect information or intelligence in order to prevent any threat to a trial, an investigation (including the investigation of a violation committed by means of a telephone, the Internet, etc. among the offenses prescribed in Article 10 (1), (3) and (4) of the Punishment of Tax Evaders Act), the execution of a sentence or the guarantee of the national security: 1. Names of users; 2. Resident registration numbers of users; 3. Addresses of users; 4. Phone numbers of users; 5. User identification word (referring to the identification codes of users used to identify the rightful users of computer systems or communications networks); 6. Dates on which users subscribe or terminate their subscriptions.

3) Situation of Provision of Subscribers’ Personal Information in 2013, Ministry of Science, ICT and Future Planning

PSPD’s position on President impeachment bill by National Assembly

National Assembly approving impeachment, an obvious result reflecting people’s demand

(9 December 2016, Seoul) People had won. Today (9 December 2016), the President Park Geun-hye’s impeachment indictment has been passed with approval of 235 out of 300 incumbent National Assembly. The National Assembly’s impeachment bill passing is an obvious result to meet the demands of people calling for an immediate resignation of the President. The President, who is impeached from both people and national assembly, should not stand against the people and resign immediately 
 
The President’s impeachment bill approved by the National Assembly proved that all power comes out from the people. While the politicians were perplexed and calculating their political interests in this unprecedented state of President’s constitutional violation and monopolization of state affairs, it was people who was always stayed firm and led to passing of impeachment. Although impeachment has been passed, it is still a matter of fact that people’s scar, anger and despair is in incalculable situation. 

The National Assembly’s impeachment passing today is just a starting point of judging powers who were monopolizing state affairs including Park Geun-hye. As people’s will, constitutional order must be back on track and state running must be normalized. To start, Park Geun-hye who was unaware of the President’s role and cannot be expected of any sort must resign from that position and be investigated as suspect. The Prime Minister, Hwang Kyo-ahn who will be next in line from today’s impeachment must also immediately resign. He is also a person who shares direct responsibility with Park regime’s failure of state affairs. Also, officials including Special Prosecutor’s Office must not delay investigation on the President’s all forms of illegal activities and allegations and must implement forced investigation. The Constitutional court must finalize the review as soon as possible and respond to people’s demands.
 
As it was confirmed today, even when people who are vested with sovereign rights have no less of a clear opinion, there are still political powers present to guard powers that had monopolized state of affairs and against impeachment. These people who were entrusted with power temporarily to represent people are only pursuing their own individual political interests and colluding with specific political powers like the President to maintain their power. Such political forces should be eliminated. This is the reason why Sanuri Party must be dismantled.