NHRCK Written Contribution
For the 28th UPR Working Group Session for the review of the
human rights situation in the ROK
Implementation in general
1.
The ROK is one of the highly supportive States that has been very cooperative with HRC
and UPR process: it had been a member of HRC from 2008 through 2013 and has also taken the
current membership until 2018, and served as the President of HRC for the 10th cycle in 2016.
2.
Nevertheless, the ROK Government (Government) has not shown fully sufficient efforts to
implement the UPR recommendations (Recommendations) such as accession to the human rights
treaties (Treaties), withdrawal of its reservations to some Treaties and relevant institutional
improvements. As seen in the Thematic List of Recommendations (Annex), in spite of the
Government’s numerous policy efforts to implement the Recommendations, some of them did not
have a significantly practical effect. In particular, with regard to necessary cooperation with civil
society organizations and the NHRCK, which was stressed in Recommendation 124.15, the adopted
mechanism was limited in that it simply concerned a one-off process of opinion collection, rather than
a permanent monitoring system to cover the overall implementation progress of the
Recommendations.
3.
It is a positive development that the Government incorporated the Recommendations from
the 2nd cycle to revise the 2nd (2012-2016) National Action Plan on Human Rights (NAP). However,
the NAP itself has not been fully implemented and, despite the NHRCK’s recommendation for the
establishment of the 3rd NAP (2017-2021), the Government has just held one session of public
hearing which was partly open to the public and has not established the 3rd NAP yet. Furthermore, as
the authority responsible for the UPR and the NAP is the Ministry of Justice,which is just one of the
government ministries, it has some limitations in playing a pivotal role in the work of promoting the
UPR process and implementing the NAP.
4.
In the meantime, the NHRCK Act was revised in February 2016 to insert new provisions on
the immunitiesand qualifications of Commission members and strengthen the selection process of
Commission members by providing for the guarantee of transparency and diversity in the process.
These revisions meant progress towards NHRCK’s independence.
5.
Recommendation: Ensure that the Recommendations be always incorporated into the NAP
and that the Prime Minister’s Office or other corresponding state body play as a control tower for
more effective implementation of the UPR and the NAP. Make institutional improvements to
substantially enhance the Government’s cooperation with the NHRCK and civil society organizations
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