PERMANENT MISSION OF THE REPUBLIC OF KOREA GENEVA
The 26th Session of the Human Rights Council <Check against delivery>
Clustered ID with SR on the independence of judges & lawyers / SR on the human rights of migrants
Geneva, June 13, 2014
Statement of the Republic of Korea Thank you, Mr. President
The Republic of Korea would like to express its sincere appreciation to the Special Rapporteurs for their comprehensive reports and insightful presentations.
First of all, with regard to the reports of Ms. Gabriela Knaul, Special Rapporteur on the independence of judges and lawyers, we highly value her balanced approach which addressed this issue not only from a judicial independence angle but also from a judicial accountability perspective.
From our experience, we have learned that a fair and impartial judicial function is best discharged only when we are able to strike the right balance between independence and accountability. In the 1970s and 80s when our democracy was still in its infancy with many challenges, the most pressing concern was to ensure the independence from non-judicial influences and outside pressures. A number of conscientious judges had made strong efforts to defend judicial independence from illegitimate interference from political groups.
At the same time, as the Special Rapporteur pointed out, we are keenly aware that judicial independence is not absolute, but limited by the framework set by judicial accountability, and the concept of judicial accountability is an important safeguard which helps avoid any improper, inadequate or unethical behavior by justice operators. In this vein, the Korean government is striving to guarantee a high level of transparency in the justice system and strengthen accountability proceedings.
We welcome the Special Rapporteur’s efforts to address these dynamics in depth, encompassing not only justice operators but also the justice system as a whole. We expect her efforts will contribute to bringing about further concrete and detailed mechanisms and proceedings for both judicial independence and judicial accountability.
Turning to the report of Dr. François Crépeau, Special Rapporteur on the human rights of
migrants, my delegation shares his concern that a growing number of migrants have been exposed to highly vulnerable human rights situations, especially with regard to labor exploitation, and echoes the increasing importance of the promotion and protection of human rights of migrants in this globalized era.
The Republic of Korea is making every effort to enhance the human rights of migrants, having established the Second Basic Plan for Immigration Policy for 2013-2017 which is based on the five principles of openness, integration, human rights, public safety, and cooperation. One of the main tasks of the Plan is to strengthen procedures that will prevent violations of the immigrants’
human rights and provide remedies for such violations. We will continue to make our utmost efforts to promote and protect the rights of migrants in accordance with the national and international legal frameworks.
Before closing, my delegation would like to express its heartfelt welcome to Special Rapporteur Dr. François Crépeau’s upcoming visit to Seoul in February next year. The Republic of Korea reaffirms its commitment to working closely with the Special Rapporteur for his successful visit.
Thank you, Mr. President. /End/