A/HRC/29/46/Add.1
(c)
Ratify the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime, which it signed in 2000;
(d)
Take action on the finalization and adoption of the comprehensive law to
prohibit all forms of discrimination or another such comprehensive law prohibiting
racial discrimination;
(e)
Amend the Criminal Code and other relevant penal laws in order to
include racial discrimination as a criminal offence and adopt the legislation necessary
to criminalize racial discrimination, provide for adequate sentences to the gravity of
the offence and make racial discrimination an aggravating circumstance when
another offence is committed, and provide for appropriate reparations to the victims.
On the institutional framework
68.
The Special Rapporteur recommends that the Government strengthen its
cooperation with NHRCK in ensuring its full independence and effectiveness and its
autonomy to manage its resources and select its own staff, in order to allow it to play a
more significant role in receiving complaints from victims of racism and xenophobia,
conduct investigations and issue relevant recommendations to the Government, which
could be followed up in a similar manner as has been done recently with the adoption
of comprehensive laws prohibiting discrimination against women and persons with
disabilities.
On migrant workers
69.
The Special Rapporteur recommends that the Government make the necessary
amendments to EPS, in particular with regard to: the complexity and variety of types
of visa; discrimination based on the country of origin; limitations on migrant workers’
ability to change employment; and the maximum period of stay allowed. In particular,
he recommends removing the restrictions on the number of job changes allowed to
EPS workers, allowing all EPS workers to change employment without a release form
from their employer and ensuring that the rights covered under the Labour
Standards Act are extended to all workers, including migrant workers, irrespective of
which sector they work in, in particular with respect to work hours, daily breaks and
weekly paid rest days.
70.
For migrant workers in the agriculture sector, the Special Rapporteur
recommends that the Government: ensure that all are paid the full overtime rate for
any work performed outside the regulated hours, as set out in article 56 of the Labour
Standards Act; clarify what constitutes adequate food and accommodation when those
are included as part of a migrant worker’s contract; ensure that the Ministry of
Employment and Labour regularly inspects all farms to ensure the proper
implementation of the Labour Standards Act and EPS contracts; and take
appropriate action to remedy the situation, including appropriate sanctions against
employers who are in breach of their obligations.
71.
In relation to foreign seafarers working on vessels registered in the Republic of
Korea, the Special Rapporteur recommends that the Government sanction the
discriminatory application of minimum wages between seafarers from the Republic of
Korea and foreign seafarers on such vessels on the high seas; enable foreign seafarers
to also benefit from a share of the catch; eradicate the practice of employers
deliberately retaining identification documents and bankbooks of foreign seafarers;
train employers and fishermen of the Republic of Korea on practical measures to
eradicate verbal and physical abuse towards foreign fishermen; ensure proper
16