Recommendations from the UN Special Rapporteur

46. On the basis of the principal observations and concerns described in the previous section, the Special Rapporteur would like to make the following recommendations. The Special Rapporteur recalls the constructive nature of the exchange of views with the Government during his visit and is confident that his recommendations will be received in a spirit of mutual commitment to strengthening the protection and promotion of the right to freedom of opinion and expression.

(a) The Government of the Republic of Korea is strongly encouraged to repeal the National Security Law and to consider other means, in accordance with the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to protect its national security.

(b) The practice of requesting prisoners who allegedly hold political opinions repugnant or unpalatable to the establishment to renounce such opinions should cease. All sanctions under prison or social rehabilitation regimes emanating from non-compliance on the part of prisoners with this request should cease.

(c) All prisoners who are held for their exercise of the right to freedom of opinion and expression should be released unconditionally. The cases of prisoners who have been tried under previous Governments should be reviewed, due account being taken of obligations arising under the International Covenant on Civil and Political Rights. In this respect, the obligation to protect the right to freedom of opinion and expression cannot be seen in isolation from other obligations arising under the Covenant, notably concerning the right to a fair trial.

(d) The Government is encouraged to revise the Labour Dispute Mediation Act and the Trade Union Act so as to facilitate legitimate trade union activities, including the expression of well-informed collective opinions by workers on matters relating to labour disputes and collective bargaining.

(e) The Government is encouraged to continue its efforts to align its national law with the provisions relating to freedom of opinion and expression of the International Covenant on Civil and Political Rights, in particular by introducing more explicit national legislation to facilitate the attainment of a proper balance in the judiciary's efforts to protect human rights in general and the right to freedom of opinion and expression in particular.

(f) The Government is encouraged to take steps to enhance the systematic application of international human rights law in the national legal system, especially concerning the right to freedom of opinion and expression. The Government is invited to consider disseminating appropriate human rights materials, including case-law, to the judiciary and the larger legal profession, and to seek the participation of practising judges and lawyers in seminars or courses on the application of international human rights law.

(g) The Government of the Republic of Korea is encouraged to take the necessary steps to bring its prison regime into accordance with established international principles on the administration of justice so as to protect effectively the right to freedom of opinion and expression of detainees.

(h) The Government is encouraged to limit administrative interference with the right to freedom of expression and to substitute public legal procedure for existing administrative procedure, especially with regard to prior constraints on this right.

Excerpt from the Office of the United Nations High Commissioner for Human Rights,
21 November 1995

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