made the declaration provided for in article 41 of the Covenant. It has also
joined ILO. The Committee also notes with satisfaction that consideration is
currently being given to the possibility of withdrawing the Republic of
Korea's reservations to the Covenant. Additionally, progress has been made in
regard to providing legal aid and towards narrowing the scope of operation of
the National Security Law. Internal political dissent is now more accepted.
The Constitutional Court/ an independent organ, is playing a vigorous and
important role.
2.
Factors and difficulties impeding
the application of the Covenant
513. The Committee notes that the relations between the Republic of Korea and
the Democratic People's Republic of Korea still appear to be an important
factor affecting the human rights situation in the Republic of Korea. The
recent conclusion of the Agreement on Reconciliation, Non-aggression and
Exchanges and Cooperation appears to constitute a positive step. According to
the authorities, the Republic of Korea is, however, still coping with a very
real threat of destabilization and military provocation, and therefore the
Government continues to hold the view that it is essential to retain the
National Security Law in order to protect the security and integrity of its
liberal democratic system.
3.
Principal subjects of concern
514. The Committee expresses its concern over the fact that the Constitution
does not incorporate all the rights enshrined in the Covenant. Also, the
non-discrimination provisions of article 11 of the Constitution would seem to
be rather incomplete as compared with articles 2 and 26 of the Covenant.
These concerns are not allayed by the argument that, pursuant to article 37 of
the Constitution, various rights and freedoms not enumerated therein are not
to be neglected.
515. The Committee's main concern relates to the continued operation of the
National Security Law. Although the particular situation in which the
Republic of Korea finds itself has implications for public order in the
country, its influence ought not to be overestimated. The Committee believes
that ordinary laws and specifically applicable criminal laws should be
sufficient to deal with offences against national security. Furthermore, some
issues addressed by the National Security Law are defined in somewhat vague
terms, allowing for broad interpretation that may result in sanctioning acts
that may not be truly dangerous for State security and responses to those acts
unauthorized by the Covenant,
516. The Committee wishes to express its concern regarding the use of
excessive force by the police; the extent of the investigatory powers of the
National Security Planning Agency; and the implementation of article 12,
particularly in so far as visits to the Democratic People's Republic of Korea
are concerned. The Committee also considers that the conditions under which
prisoners are being re-educated do not constitute rehabilitation in the normal
sense of the term and that the amount of coercion utilized in that process
could amount to an infringement of the provisions of the Covenant relating to
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