A/HRC/32/36/Add.2
public space as commercial activity or the movement of vehicles and pedestrian traffic (see
A/HRC/20/27, para. 41).
43.
Finally, redress for victims of excessive use of force by police is virtually
impossible, because of the difficulty of identifying individual police officers. Police
typically wear name tags on regular uniforms, but riot protection gear and outer jackets do
not bear similar identification. The police expressed concerns about the privacy and
security of officers’ personal information were it to be displayed on name tags on protective
uniforms. The Special Rapporteur emphasizes that those concerns cannot be used to prevent
the identification, and thus accountability, of officers managing assemblies. He notes that
police officers in regular police uniforms wear name tags without similar privacy concerns.
The police initially informed the Special Rapporteur that this would be corrected in the near
future but they subsequently indicated that the issue was under careful consideration. He
urges the National Police Agency to correct this anomaly soon.
5.
Groups in situation of vulnerability
44.
The Special Rapporteur welcomes the diversity in participants, including women,
youth, lesbian, gay, bisexual, transgender and intersex persons and persons with disabilities,
at general protests and demonstrations. He was gratified that he received no complaints of
sexual violence during such gatherings. Even so, he took note of the challenges that youth
and persons with disabilities face in exercising their rights to peaceful assembly. Persons
with disabilities are impeded from participating in assemblies by police immobilizing or
obstructing their assistive devices and sometimes physically removing them from
assemblies against their will. School regulations and the view that young people and
students are at risk of manipulation by adults prevent them from participating in assemblies.
45.
The Special Rapporteur urges the authorities to exercise great caution when
interacting with disabled persons and their assistive devices, which are integral to their
lives. Young persons are equally entitled to exercise their rights to freedom of peaceful
assembly. As such, intimidation and punishment, including by school authorities, of minors
and young people who express their views through organizing or participating in peaceful
protests, such as the one related to history books, should be prohibited and sanctioned.
Similarly, lesbian, gay, bisexual, transgender and intersex persons should not feel
intimidated by counter-demonstrators from taking part in protests. Counter-demonstrations,
while allowed to take place, should not dissuade participants of other assemblies from
exercising their right to freedom of peaceful assembly (see A/HRC/20/27, para. 30). The
police should play an active role in that regard.
6.
Media and monitors
46.
The media and assembly monitors play a crucial role in providing independent and
objective information on the conduct and management of assemblies. The Special
Rapporteur received complaints that journalists and observers feel targeted. Some monitors,
such as Ki Sun, were indicted for participating in an unlawful protest. Others, such as Kim
Young-guk said they were targeted by water cannon. When the authorities facilitate and
manage assemblies, the instrumental role of journalists and observers must be recognized
and taken into account.
B.
1.
Freedom of association
Associations
47.
Individuals in the Republic of Korea may choose to associate under a variety of
forms, including non-profit voluntary organizations, non-profit private organizations,
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