A/HRC/32/36/Add.2
88.
The Special Rapporteur is encouraged by the expressed commitment of the
Commission to earning the confidence of civil society as to its ability to protect and
promote human rights. The role of an independent, effective and efficient national human
rights institution in strengthening democracy cannot be overstated. Indeed the strongest
indicator of the effectiveness and independence of a national human rights institution is the
confidence that human rights defenders and civil society have in it. The principles of
openness, accessibility, consultation and participation are also key tools which the
Commission should embrace to improve its credibility with partners.
VII. Conclusions and recommendations
89.
The ability to exercise the rights to freedom of peaceful assembly and
association provides an avenue through which members of society can express their
views on a diverse range of issues, whether by turning out for demonstrations,
engaging in strikes, joining associations or making donations to associations of their
choice. The Special Rapporteur observed that while the Government is cognisant of
the important role that assembly and association rights play, there is a tendency to
tightly control expressions of dissent.
90.
The Special Rapporteur found that government authorities clearly make efforts
to observe the rule of law, which is commendable. Nevertheless, he is concerned at a
series of inconsistencies and divergence from international human rights law
standards of implementation of the law arising because:
(a)
The legal framework does not comply with international human rights
law standards in a number of key areas;
(b)
The legal framework provides excessive discretion to the authorities;
(c)
While exercising that discretion, the authorities do not pay sufficient
attention to the obligations to respect, protect and facilitate assembly and association
rights.
91.
The Special Rapporteur stresses that the significant democratic gains achieved
by the Republic of Korea cannot be taken for granted. The democratic project
requires constant maintenance and strengthening. Internal and external challenges
brought about by changing economic and geopolitical conditions should be addressed,
not in isolation but as an integral part of the democratic function where agreement
and dissent are equally welcomed.
92.
The present report is offered in a spirit of constructive dialogue. The Special
Rapporteur believes that the Republic of Korea is capable of providing leadership in
the field of freedoms of peaceful assembly and of association. He remains at the
disposal of the authorities in helping them to achieve those goals.
93.
The Special Rapporteur makes the following recommendations.
General recommendations
94.
The Special Rapporteur recommends that the Government:
(a)
Recognize in law and in practice that the rights to freedom of peaceful
assembly and of association are a legitimate means of expression regarding a diverse
range of issues, including social and political issues, and that it is incumbent on the
authorities to facilitate rather than to diminish the exercise of those rights;
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