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workers as part of the cheap labour force. Another disturbing factor in these marriages lies with
the fact that the legal resident status of a female migrant spouse depends entirely on her Korean
husband and this subjects them to all sorts of domestic abuse.
46.
In the case of divorce or separation, difficulties still exist. Foreign female spouses have
to personally prove the faults and liabilities of their male spouses. Women’s organizations have
been concerned about the many cases of fraud and deliberate misinformation by marriage
agencies and marriage brokers that occur during the international marriage process.
47.
Although the problems regarding the need to regulate international marriage agencies and
private brokers have been raised for years, no concrete proposals have been discussed until
April 2006 when the Government publicly announced a comprehensive plan called the social
integration programme for migrant women through international marriages and their family
members.
48.
The programme would mainly focus on the following issues:
(a)
Unlawful international marriages through brokers;
(b)
Legal status of foreign spouses;
(c)
Support for children’s education;
(d)
Support for adjustment and integration.
49.
Also since 2003, the Korean Government has established two shelters nationwide for
foreign women to provide them with assistance for return to their country of origin and free legal
advice from the Korean Legal Aid Corporation.
IV. RATIFICATION OF THE INTERNATIONAL CONVENTION ON
THE PROTECTION OF THE RIGHTS OF ALL MIGRANT
WORKERS AND MEMBERS OF THEIR FAMILIES
50.
According to its draft National Action Plan for the promotion and protection of human
rights (NAP), the Government of the Republic of Korea has a plan to ratify the Convention.
Nevertheless, it has not yet done so. The Government informed the Special Rapporteur that it is
still discussing internally the provisions of the Convention prior to its ratification.
51.
In the meantime, faced with a surge of xenophobia and racism against migrant workers,
the Government is also looking for alternative plans to promote the social integration of migrant
workers in Korea and enhance their legal and protection framework.
52.
Although numerous organizations are lobbying for the necessity of ratifying
the 1990 International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, it seems that the efforts deployed so far did not succeed in involving
government officials in the debate and did not manage to persuade government policymakers for
the need to ratify the Convention. One of the most contentious issues is family reunification.