116. Proposed recommendation: The State party should ensure that everyone can enjoy the
right to peaceful assembly without discrimination. It should also amend relevant laws to
make the use of police force and equipment such as water cannons comply with the
ICCPR.113
Issue 26. Migrants, Refugees and Asylum Seekers
117. The Government has been reviewing the Refugee Act for amendment since January
2019. The NHRCK has expressed its opinion on the proposed amendment thereof on three
occasions.114 The Ministry of Justice explained that the purpose of the amendment is to
improve the efficiency of refugee status recognition screening, but the amendment in plan
contains some provisions that may undermine the procedural rights of refugee applicants by
reason of efficiency. In particular, provisions such as the deemed withdrawal of refugee
applications and the eligibility review of refugee appeals may diminish the procedural rights
that should be guaranteed for refugee applicants, raising concerns about the erosion of the
purpose and principles of the Convention Relating to the Status of Refugees.
118. According to the NHRCK’s 2022 Public Opinion Survey on Human Rights, 36.2 percent
of the respondents replied that the human rights of migrants are respected in our society, but
54.1 percent of the respondents115 answered that our society shows a hateful or
discriminatory attitude toward migrants. The survey results illustrate that one out of two
people perceive that our society discriminates against migrants. Hence, more proactive stance
and actions by the Government are needed to tackle the prejudices and discrimination against
migrants.
119. Recently, xenophobia has emerged as a social concern as residents opposing the
construction of an Islamic mosque in their community have engaged in collective actions that
degrade Islamic culture and express or incite hostility against Muslims. The NHRCK
expressed its opinion to the relevant head of municipal government in September 2021 that it
would be desirable to take measures to ensure the resumption of the construction of the
mosque, which has been suspended, and recommended that necessary actions be taken
against placards and postings which contain expressions of hatred and harassment against
Muslims.116 However, the conflict in the community surrounding the construction of the
mosque continues to this day.
120. Proposed recommendation: In amending the Refugee Act, the State party should
withdraw provisions that may curtail the procedural rights of refugee applicants by reason of
efficiency in the refugee determination procedures. The State party should also expand
policies to address discriminatory perception and behaviors against migrants and actively
consider the enactment of a comprehensive anti-discrimination act.
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