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Republic of Korea: The revision bill of the Law on Assembly and Demonstration clearly violates the right to expression

December 8, 2003

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

8 December 2003
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UA-77-2003: Republic of Korea: The revision bill of the Law on Assembly and Demonstration clearly violates the right to expression

Republic of Korea: Right to expression; Right to assembly
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Dear friends

The Asian Human Rights Commission (AHRC) is gravely concerned about the upcoming planned revision of the Law on Assembly and Demonstration of South Korea, which severely restricts the Korean people's right to expression. On 19 November 2003 the Home Affairs Committee of the National Assembly approved a revision bill of the Law on Assembly and Demonstration and referred it to the Legislation-Judiciary Committee for review. The human rights groups in South Korea worry that if this revision bill is enacted, the new regulations will entitle police to block rallies whenever they wish, severely violating the right to expression guaranteed by the Constitution and international human rights laws and standards.

Please send an appeal letter to the South Korean government and lawmakers, urging them not to endorse the revision bill of the Law on Assembly and Demonstration. (**Please respond before 30 December 2003)

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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On 19 November 2003, the Home Affairs Committee of the National Assembly approved a revision bill of the Law on Assembly and Demonstration, which severely restricts the people's right of freedom of expression, and referred it to the Legislation-Judiciary Committee for review. If the Legislation-Judiciary Committee approve a revision bill, it will be conventionally approved at the plenary session of the National Assembly. The human rights groups in South Korea are gravely concerned that if this revision bill is enacted, the new regulations will entitle police to block rallies whenever they wish.

This action follows President Roh Moo-hyun's strict stance on illegal and violent demonstrations during the cabinet meeting on 18 November 2003. At the meeting, President Roh said that his government would force a change in the "rally culture," in order to solidify law and order for the general public and to boost trust in the nation. His strict stance on illegal and violent demonstrations came after violence occurred between the police and the demonstrators in recent demonstrations. However, human rights groups argued that the violence resulted from the government's unfair policy and the oppression by the police of the protesters.

The main contents of the revision bill of the Law on Assembly and Demonstration are the following;

1. Allow police agency heads to ban street marches that may cause major traffic congestion on 95 roads in key cities across the nation, including Sejongro, Daehakgno and Gwanghwamun in downtown Seoul, three locations that have historically been used for public assembly. Human rights groups argue that banning street marches at these places violates rights of assembly and demonstration even though they may cause major traffic congestion.

2. If a civic group stages a protest that obstructs public order or becomes violent, the police are given the authority to then ban future rallies of this organization, as well as the rallies of other civic groups who are protesting the same issue. Human rights groups worry that a group's protests can be completely banned with just one previous case of public disorder.

3. At the request of nearby resident(s), police can ban a rally believed to inflict a substantial amount of damage to facilities such as public schools and military compounds. This measure will apply to U.S. military compounds as well as Korean ones.

4. Police, wearing civilian clothes, can freely enter any protest or demonstration; if they feel that the protest is in any way obstructing public order, they can intervene and take "appropriate action."

5. If the level of noise in any given demonstration exceeds a certain maximum volume prescribed by a executive order, then the organization can be punished and the speaker can be sentenced to a jail term of up to six months. However, the human rights groups said that this maximum level of noise is below the level required to use a loud speaker, and therefore this regulation limits demonstrations to small gatherings only.

Human rights groups strongly condemned the move, saying that the revisions attempt to stifle their right to hold rallies, which they say are often the only way for the socially deprived to speak out against society. One human rights activist said, "The revisions are completely representing the position of the police. Although rallies may bring inconvenience to some, it is much more important to protect the people's right to rally and assemble, as the weak have no other way to express their opinions other than through those actions."

It is also reported that there was no discussion with the National Human Rights Commission on this revision bill nor was there a legislation announcement. There was also no public hearing by the government until the Home Affairs Committee of the National Assembly approved the revision bill of the Law on Assembly and Demonstration on 19 November 2003. The human rights groups fear that the revision bill will be approved by the National Assembly during the session of this year.

On 25 November 2003, the Korean Bar Association issued its opinion on the revision bill, saying that the bill violates the Constitution, which guarantees the right to expression and the right to rally and to demonstrate. The National Human Rights Commission of Korea also has issued its opinion of objecting to this revision bill on 28 November 2003.

AHRC strongly requests the South Korean government and lawmakers not to amend the Law on Assembly and Demonstration according to the Constitution and international laws and standards.

SUGGESTED ACTION:
Send a letter, fax or email to the South Korean government and lawmakers and express your concern of this issue.

1. Mr. Kim Ki Choon
Chairperson, MP
Legislation-Judiciary Committee of the National Assembly
Room No. 309, National Assembly Main Building (Gukhoi Bongwan)
Yeoyido-dong, Yeongdeungpo-gu, Seoul
REPUBLIC OF KOREA
Tel: +82 2 784 2161, 788 2207
Fax: +82 2 788 3309
E-mail: kckim@assembly.go.kr

2. Mr. Roh Moo-hyun
President
1 Sejong-no, Jongno-gu
Seoul 110-820,
REPUBLIC OF KOREA
Tel: +82 2 770 0018
Fax: +82 2 770 0347 or 770 0001 / +82 2 770 2579 (for appeal)
E-mail: president@cwd.go.kr

3. Ms. Kang Kum-sil
Minister of Justice
1 Jungang-dong, Kwachon-si,
Kyonggi Province, 427-760,
REPUBLIC OF KOREA
Fax: +822 504 3337 / +822 503 7046 (HR Department)
E-mail: jk.kim@moj.go.kr

4. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9003
E-mail: urgent-action@ohchr.org

Send a copy to:

* Members of the Legislation-Judiciary Committee of the National Assembly

1. MP Kim yong Kyun, Fax: +82 2 788 3639, E-mail: ykk01@assembly.go.kr
2. MP Choe Yong Gue, Fax: +82 2 788 3440
3. MP Ham Seung Hee, Fax: +82 2 788 3606, Fax: E-mail: sh-ham@assembly.go.kr
4. MP Shim Kyu Cheol, Fax: +82 2 788 3443, E-mail: shim114@assembly.go.kr
5. MP Won Hee Ryong, Fax: +82 2 788 3702, E-mail: heeryong@lycos.co.kr
6. MP Choi Byung Gook, Fax: +82 2 788 3543, E-mail: cbk2000@assembly.go.kr
7. MP Choi Yeon Hee, Fax: +82 2 788 3544, E-mail: yhchoi@assembly.go.kr
8. MP Ham Suk Jae, Fax: +82 2 788 3727, E-mail: hsj727@assembly.go.kr
9. MP Hong Sa Duk, Fax: +82 2 788 3424, E-mail: saduk@chol.com
10. MP Yang Seung Bu, Fax: +82 2 788 3401
11. MP Cho Bae Sook, Fax: +82 2 788 3744, E-mail: chobaesook@hanmail.net
12. MP Chough Soon Hyung, Fax: +82 2 788 3530, E-mail: shjough@assembly.go.kr
13. MP Chun Jung-Bae, Fax: +82 2 788 3512, E-mail: jbchun@assembly.go.kr
14. MP Kim Hak Won, Fax: +82 2 788 3305, E-mail: hakwonk@assembly.go.kr


Sample letter:

Dear

Re: The revision bill of the Law on Assembly and Demonstration clearly violates the Right to Expression and the Right to Assembly

I am writing to bring to your urgent attention the revision bill of the Law on Assembly and Demonstration.

According to the information I have received, the planned revision bill severely restricts the Korean people's right to expression. I am afraid that if this revision bill is enacted, the new regulations will entitle police to block rallies whenever they wish.

The main contents of the revision bill of the Law on Assembly and Demonstration are the following;

1. Allow police agency heads to ban street marches that may cause major traffic congestion on 95 roads in key cities across the nation, including Sejongro, Daehakgno and Gwanghwamun in downtown Seoul, three locations that have historically been used for public assembly. Human rights groups argue that banning street marches at these places violates rights of assembly and demonstration even though they may cause major traffic congestion.

2. If a civic group stages a protest that obstructs public order or becomes violent, the police are given the authority to then ban future rallies of this organization, as well as the rallies of other civic groups who are protesting the same issue. Human rights groups worry that a group's protests can be completely banned with just one previous case of public disorder.

3. At the request of nearby resident(s), police can ban a rally believed to inflict a substantial amount of damage to facilities such as public schools and military compounds. This measure will apply to U.S. military compounds as well as Korean ones.

4. Police, wearing civilian clothes, can freely enter any protest or demonstration; if they feel that the protest is in any way obstructing public order, they can intervene and take "appropriate action."

5. If the level of noise in any given demonstration exceeds a certain maximum volume prescribed by a executive order, then the organization can be punished and the speaker can be sentenced to a jail term of up to six months. However, the human rights groups said that this maximum level of noise is below the level required to use a loud speaker, and therefore this regulation limits demonstrations to small gatherings only.

It is also reported that there was no discussion with the National Human Rights Commission on this revision bill nor was there a legislation announcement. There was also no public hearing by the government until the Home Affairs Committee of the National Assembly approved the revision bill of the Law on Assembly and Demonstration on 19 November 2003. The bill is with the Legislation-Judiciary Committee for review.

I strongly urge the lawmakers of South Korea not to endorse the revision bill of the Law of Assembly and Demonstration. The South Korean government should respect the right to expression and the right to assembly of its citizens according to the Constitution and international laws (ICCPR) and standards.

Sincerely yours


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*****

Thank you.

Kim Soo A
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

 

Document Type :
Urgent Appeal Case
Document ID :
UA-77-2003
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.