A/HRC/32/36/Add.2
channels maintained. Preventing or obstructing people from expressing their grief and
anger in reaction to such a tremendous loss creates opportunities for such sentiments to
grow into something more insidious and potentially violent.
84.
The Special Rapporteur was alarmed at the apparent politicization of the Sewol ferry
disaster. The yellow ribbon adopted by the victims’ families as illustrative and supportive
of their cause, appears now to be interpreted as an anti-Government symbol. Equating
demands for accountability and transparency, the hallmarks of the rule of law, with
attempts to undermine the Government per se, has no place in a democratic society. In his
view, the Government handling of the protests around the Sewol ferry disaster is
emblematic of an approach that seeks to stifle expressions of dissatisfaction, leading to
polarization over an issue that should otherwise encourage solidarity and collaboration to
address perceived shortcomings.
VI. National Human Rights Commission of Korea
85.
The National Human Rights Commission of Korea was established in 2001 by the
National Human Rights Commission Act and consists of 11 members selected or
nominated by the President, the National Assembly and the Chief Justice of the Supreme
Court. As the national human rights institution, it investigates complaints, issues policy
recommendations and conducts education campaigns. The Commission is currently
accredited with “A” status by the International Coordinating Committee of the National
Institutions for the Promotion and Protection of Human Rights (known as the Global
Alliance of National Human Rights Institutions since March 2016). The Committee
deferred re-accreditation in 2015 over concerns that a clear, transparent and participatory
selection and appointment process for commissioners was not included in relevant
legislation and practice. Further, there were concerns that commissioners were not immune
from legal liability for actions undertaken in good faith when acting in their official
capacity.
86.
Those issues were echoed by civil society interlocutors as contributing to their
perception that the Commission was ineffective. In their view, under its previous leadership
it was slow to react and reluctant to issue decisions or statements on urgent and politically
sensitive cases of violations of human rights; lacked visibility when significant issues of
human rights came to the fore; and failed to make timely decisions on complaints before it.
For example, the Special Rapporteur was informed that 20 cases arising from the Sewol
ferry disaster filed with the Commission after the tragedy in April 2014 had not been
decided upon a year later. Five of the cases were subsequently dismissed but the
complainants were not notified. Civil society was also dissatisfied with the relationship
between the sector and the Commission and considered its operations inaccessible and not
transparent.
87.
On behalf of the Commission, the Chair acknowledged awareness of those concerns
and stated that the Commission was making efforts to improve communication with
stakeholders and to strengthen diversity and its legal framework. It has made 32
recommendations related to the rights to freedom of peaceful assembly: 16 have been
accepted by the Government, 6 have received partial acceptance, 5 have not been accepted;
and 2 are still under review. Unfortunately, the recommendations of the Commission are
not binding. In relation to simultaneous assemblies, the Commission has called for the
removal of legal provisions that allow the banning of the later notified assembly owing to
abuse of that clause. It also found that article 12 of the Assemblies and Demonstrations Act,
which allows the banning of assemblies that may interrupt the flow of traffic, was
inappropriate.
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