외교부

Statement by H. E. Cho Hyun Deputy Minister for Multilateral and Global Affairs Ministry of Foreign Affairs and Trade Republic of Korea at The 13th Session of the Human Rights Council

Geneva 2 March 2010

Mr. President, Madam High Commissioner, Excellencies, Ladies and Gentlemen

Allow me to begin by expressing my deep condolences on behalf of the Republic of Korea to the people and government of Chile who are currently suffering extreme hardship as a result of the recent devastating earthquake.

The Korean government and people are ready to stand firmly by Chile during this time of crisis. We will support the Chilean government and its people in their efforts to overcome this catastrophic ordeal by offering emergency assistance.

It is my great honor and pleasure to address the Human Rights Council on behalf of the Government of the Republic of Korea. My delegation would like to thank you, Ambassador Van Meeuwen, for your outstanding leadership as the President of the Council. We commend also Madam Pillay and her office for their invaluable role in generating fresh impetus for the advancement of human rights around the world.

This year is indeed a crucial one as we prepare for the review of the work and functioning of the Human Rights Council in 2011. Now is a time for us to look back on the last four years to identify the achievements as well as shortcomings, with a view to further improving and strengthening the Council.

Mr. President,

The Human Rights Council has been the principal inter-governmental body for the promotion and protection of human rights around the world. The Council has played a crucial role in ensuring universal respect for human rights and addressing serious violations of human rights, through various mechanisms such as regular sessions, special sessions, the UPR, Special Procedures, the complaint procedure and the Advisory Committee.

At this point it would be useful to ask ourselves a fundamental question: whether the human rights situation in the world has improved in reality and the number of serious violations decreased. Different people may offer differing views in response, but my delegation believes that the Council has contributed to making a difference, although not a dramatic change, in advancing human rights in reality.

Human rights are assuming increasing importance as a solid foundation for sustainable development, peace and security. Governments have become well aware that the primary responsibility for advancing human rights lies in their hands and it is their obligation to abide by international human rights standards.

In Particular, with the UPR now half way through its first cycle, many states under review, including the Republic of Korea, have pledged to promote and protect human rights at the national level and to enhance their cooperation with international human rights mechanisms.

There is. however, room for improvement. The speakers' list is sometimes too long and the follow-up to the recommendations of the state under review is not ensured. Some states seek to gloss over serious human rights situations and avoid criticism. We hope that the upcoming review of the Council will offer a forum to address these shortcomings.

The role of Special Procedures is of utmost importance for the Council to effectively respond to serious human rights challenges on the ground. It has contributed to ensuring early warning and independent investigation by an expert of serious human rights violations in a specific country or on thematic issues. However, there is a need to address the lack of will, or even a persistent refusal, or some states to cooperate with the Special Procedure mandate-holders.

My delegation believes that the institutional framework of the Council, although not perfect, overall is well in place and the achievements so far are encouraging. We are more concerned about the working culture in the Council and the behaviors of states that use these mechanisms. We have witnessed more controversy and less dialogue or cooperation among groups, either on substance or on procedural matters. Some valuable mechanisms are being misused in the pursuit of interests other than the promotion and protection of human rights.

For the Council to ensure its effectiveness and credibility, it requires the participation and constructive contribution of all states, based on the principle of genuine dialogue and cooperation transcending regional or ideological divides. In the review of the Council we should explore ways to build confidence, narrow divides, and embrace the universality of human rights.

Mr. President,

As a member of the Human Rights Council since its establishment, the Republic of Korea has actively participated in the activities of the Council. We have engaged ourselves fully in the entire UPR process in good faith, including the follow-up to the recommendations. My government has recently strengthened the monitoring mechanism of its implementation in the preparation for the next UPR Session with the establishment of a working-level Human Rights Policy Committee.

My government supports the mandates of all Special Procedures, which we believe complement and serve to mutually reinforce the UPR Process. We have fully cooperated with all the Special Procedure mandate-holders who have asked to visit my country or communicate with us. We are now looking forward to the official visit this May of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, which has become a very important human rights issue in today's world of information and communication. The latest Special Procedure mandate-holder who paid a visit to the Republic of Korea was Professor Muntarbhorn, Special Rapporteur on the Situation of Human Rights in the DPRK. Taking this opportunity, we would like to express our appreciation for his hard work and continuous efforts in fulfilling his challenging mandate over the last six years.

To our disappointment, however, the human rights conditions in the DPRK remain serious and require the continued attention of the Council. In this regard, the renewal of the mandate of the Special Rapporteur during this Session should be supported.

My government, sharing the deep concerns of the international community, urges the DPRK to take necessary measures to improve its human rights situation, as recommended in the Special Rapporteur's reports and in the relevant resolutions.

Mr. President,

The international community is faced with various challenges ranging from chronic ones such as armed conflict, dictatorship, poverty, corruption and natural disasters: to the recent global food crisis, economic crisis and climate change. In many countries they have an adverse impact on the realization of human rights, in particular. those of vulnerable groups such as women, children, migrants, minorities, and persons with disabilities.

In this regard, we welcome the recent announcement of the Strategic Management Plan of the OHCHR for the next biennium, which is rightly focused in this direction. However, we need to ensure that the pursuit of economic, social, and cultural rights does not divert our attention from the efforts to protect civil and political rights. The Republic of Korea supports the integrity, impartiality and independence of the OHCHR in fulfilling its mandate and stands ready to render its full support for the strengthening of its activities around the world.

Mr. President,

The Republic of Korea attaches great importance to human rights as a universal value and has placed highest priority on the advancement of human rights in the pursuit of its national and foreign policy goals. Allow me to briefly touch upon some progress and efforts made by my government at the national level over the past year.

With the increasing number of migrants, refugees and asylum-seekers in the country, the Republic of Korea has become concerned about their human rights situation and strived for the advancement of their fundamental rights and freedoms through the revision of the relevant regulations and directives.

Last December the Government established a Committee on Policies for Multicultural Families under the Prime Minister's Office. And early this year, as part of the international efforts to eliminate all forms of discrimination, we revised the directive on the entry of foreigners living with HIV in compliance with the UN recommendations.

We also revised the Immigration Control Act last June with a view to ensuring better treatment of refugees and asylum-seekers in the Republic of Korea. To further our efforts in this direction, we will co-host with the UNHCR a sub- regional roundtable on alternatives to detention of refugees and asylum-seekers in Seoul this forthcoming April.

Last but not least, the government has strengthened its efforts to eradicate sexual violence against children through the revision of related laws to ensure stronger punishment.

Mr. President,

In conclusion, the Republic of Korea reaffirms its willingness to constructively engage in the activities of the Council. In particular this year, we look forward to working closely with other delegations of the Council and the OHCHR in the run-up to the 2011 review.

Thank you. /END/