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. 26

Select target paragraph3