A/HRC/21/27
34.
Portugal observed that economic crisis had a potential to stoke racial tension and
harmful nationalistic tendencies. A strong investment in education and intercultural
dialogue complemented by a policy to create and sustain national awareness of the absolute
value of human dignity and commitment to foster these values within national social
consensus would greatly contribute to addressing prejudice.
Republic of Korea
[Original: English]
[20 April 2012]
35.
The Republic of Korea noted that although its Constitution did not specifically
exclude discrimination on the basis of race, the jurisprudence of its Constitutional Court
and practice had clarified that the constitutional provision against discrimination was openended and covered racial discrimination. The laws also recognized affirmative action as
evidenced in article 2, paragraph 4, of the National Human Rights Commission Act. The
Act also recognized certain remedies in cases of discrimination, including suspension or
termination of the discriminatory act, restitution, compensation for damages and preventive
measures to avoid a recurrence. The Republic of Korea did not have any specific laws for
the criminal prosecution of racism and racial discrimination. As a result, such crimes were
covered under related provisions of the Criminal Act, for instance, incitement to racial
hatred or propagation of racial superiority is punishable under articles 307 and 311 of the
Criminal Act as an act of defamation or as an act of insult respectively. Violent acts
motivated by racial discrimination were punishable under chapter 25 of the Criminal Act as
crimes of inflicting bodily harm and violence. Since the Criminal Act stipulated that the
motive for the commission of the crime should be taken into consideration in determining
the penalty for a crime, judges might consider racial discrimination as an aggravating factor
when evaluating the penal consequences of a crime.
36.
The Republic of Korea had taken measures to provide opportunities for foreigners in
the public service through the establishment of a special recruitment process. Under article
26, paragraph 3, of the State Public Officials Act, foreigners could be appointed to political
or privileged positions. In accordance with article 5 of the Local Referendum Act,
foreigners aged 19 or above could also vote in local elections from the third year of
acquisition of permanent residence status. The Government had established a monitoring
system to respond to discriminatory practices on the grounds of race or nationality in
accordance with the Basic Plan for Policies on Foreigners.
37.
As recommended by the Committee on the Elimination of Racial Discrimination
during the consideration of its thirteenth and fourteenth periodic reports of the Republic of
Korea (CERD/C/KOR/CO/14), the Government had taken measures to strengthen human
rights education, stressing the importance of respecting human integrity regardless of race,
colour, sex, or religion. As part of those efforts, the Government had designated human
rights education and multicultural education as curricular subjects for primary and
secondary education. The Government had also published and distributed teaching
materials to supplement primary and secondary textbooks, helping students get a better
understanding of human rights and the history and culture of diverse ethnic groups. The
Republic of Korea had also expanded teacher training programmes to improve teachers’
understanding of children from multicultural backgrounds and to raise their awareness of
multicultural education, including through inviting parents of multicultural backgrounds to
lecture on multicultural understanding. The Legal Research and Training Institute and the
Human Rights Bureau of the Ministry of Justice provide human rights training for law
enforcement officers with specific focus on understanding multiculturalism and elimination
of racial discrimination.
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