A/HRC/32/36/Add.2 78. The Government emphasized that the Constitutional Court had declared the provision as constitutional, judging the law to be clear as to what acts would be prohibited and to have a legitimate purpose. Further, the Government stated that the provision was applied judiciously and the chances for arbitrary application were minimal. 79. That reasoning does not alleviate the Special Rapporteur’s concern that the provision can be used to stifle political plurality and peaceful dissent. He is not convinced that the terms used in article 7 of the National Security Act are as clear as the Constitutional Court pronounced them to be, or that they cannot be interpreted broadly to target dissent. The Act has been used by different regimes to silence critics, despite the capacity of the State to determine who is actually engaged in treason. Maintaining that provision of the law leaves open the possibility of its use in a repressive manner again. He fully endorses the views of the Special Rapporteur on the situation of human rights defenders (see A/HRC/25/55/Add.1, para. 32), the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (see A/HRC/17/27/Add.2, paras. 65-71) and the Human Rights Committee (CCPR/C/KOR/CO/4, paras. 48-49) on the issue. 80. The dissolution of the Unified Progressive Party was a severe measure taken in 2014 by the Government and the courts that has had profound effects on the rights of association, expression and participation in public life. The members of parliament from the party were stripped of their seats following its dissolution. The Special Rapporteur is concerned that the decision by the Constitutional Court was taken amidst disquieting circumstances. The status of the party as an outspoken critic of the Government, the controversy surrounding the evidence relied upon by the Government in its dissolution petition and the impact of dissolution on the association rights of numerous party members who were not directly implicated in any wrongdoing, encourages perceptions that the objective was to silence the political challenge that the party posed. The Government prohibition of protests following the court decision only increases those concerns. 81. The Special Rapporteur urges careful consideration of the implications of dissolving a political party for the rights to association, among other rights, and its potential impact of dialling back the democratic gains that the Republic of Korea has achieved. He believes that the strong democratic credentials that the country possesses can withstand minority expressions of support for the Democratic People’s Republic of Korea without resorting to such drastic retaliatory actions — actions that undermine the much-needed efforts of the Republic of Korea to find a peaceful solution to the instability of the peninsula. V. Sewol ferry disaster 82. The sinking of the Sewol ferry that took place on 16 April 2014, in which over 300 people – mostly secondary school students – died is the most tragic event in the country in the recent past. The Special Rapporteur was deeply honoured to visit the memorial for the victims in Ansan and to meet some of the victims’ families. He was particularly impressed by their courage and commitment, not just to establish the truth surrounding the accident, but also to ensure that a similar tragedy does not recur. 83. The Special Rapporteur clearly understood that the victims’ families were largely dissatisfied with the Government response to the tragedy. Although the Government has made efforts to investigate the accident, hold some of those involved accountable and provide compensation to the families, some of those most affected feel that their calls for an independent inquiry into the tragedy have been ignored. That dissatisfaction is at the heart of the many protests and commemorative assemblies that have been held. In the Special Rapporteur’s view, expressing such sentiments, no matter how unpopular, is exactly the purpose for which peaceful assembly rights should be facilitated and open communication 17

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