A/HRC/10/55
page 35
The Sub-Committee notes the following:
(1)
Salaries of staff members of the DP are lower than those of civil servants performing
similar tasks in other institutions of the State. The Sub-Committee emphasizes the
need to allocate a sufficient amount of resources for activities. It refers to General
Observation 2.6 “Adequate funding”;
(2)
It encourages the DP to interact consistently with the international human rights
system, in particular the UN Human Rights Treaty Bodies, Special Procedures
Mandate Holders and Human Rights Council, including the UPR. It refers to General
Observation 1.4 “Interaction with other human rights institutions”;
(3)
It also encourages the DP to consistently interact with civil society and refers to
General Observation 1.5 “Cooperation with other human rights institutions” in this
regard.
4.10. Republic of Korea: National Human Rights Commission (NHRCK)
The Sub-Committee reviewed this application in the absence of the Korean representative
on the Sub-Committee.
Recommendation: The Sub-Committee recommends that the NHRCK be re-accredited
with status A.
The Sub-Committee notes the following:
(1)
The NHRCK is considered a “central government institution” under the National
Fiscal Act and as such does not enjoy complete functional autonomy from the
Government. This is in contrast to “independent institutions”, which are
constitutionally entrenched;
(2)
Under article 5 of the founding Act, the process of appointing Commissioners, on
nomination from the President, the National Assembly or the Chief Justice of the
Supreme Court, does not provide for formal public consultation in the recruitment
and scrutiny of candidates nor for the participation of civil society. The
Sub-Committee refers to General Observations 2.1 “Ensuring pluralism” and 2.2
“Selection and appointment of the governing body” and encourages the adoption of
procedures that ensure a broad and transparent appointment process. This should be
done through public advertisement and a broad consultation procedure;
(3)
It acknowledges the action taken during the recent Candle Light Vigils and
encourages the NHRCK to consider issuing public statements and reports through the
media in a timely manner to address urgent human rights violations;
(4)
It stresses the need for the NHRCK to have more autonomy to appoint its own staff
in a manner that does not unnecessarily delay the fulfilment of the NHRCK needs.
The Sub-Committee refers to General Observation 2.7 “Staff of an NHRI”.
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