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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