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V. CONCLUSIONS
53.
Historically, the Republic of Korea saw itself as a mono-ethnic society, with a small
Chinese minority that has blended into the wider society very smoothly over the years. With the
economic growth, and globalization, the Republic of Korea has become as of the eighties an
attractive country for migrants. The Koreans authorities, started to initiate programmes to
organize the migration flow without necessarily giving the required attention to the protection of
the human rights of migrants.
54.
It is only recently that the Government of the Republic of Korea has recognized the
vulnerability of unskilled migrant workers and has engaged in addressing their situation by
drafting and enacting the ITS and the Act Concerning the Employment Permit for Migrant
Workers (EPS Act). However, both ITS and EPS have serious pitfalls as they maintain the
residence status of migrant workers as tied to their position with their initial employers, thus
exposing them to greater vulnerability.
55.
Migrant women are also particularly vulnerable to multiple violations based on their
gender and their status. They may become victims of violence at home, within their families, in
their hosting communities and as foreign migrant workers at the workplace.
56.
The situation of undocumented children of migrants is another matter of concern.
Children’s rights to education are not addressed appropriately in accordance with relevant human
rights standards, including the Convention on the Rights of the Child.
VI. RECOMMENDATIONS
57.
The Special Rapporteur calls on the Republic of Korea to ratify as a matter of
priority the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families as it is the foremost international instrument for
the promotion and the protection of the rights of all migrant workers and their families.
58.
The Special Rapporteur encourages incentives for voluntary return rather than
expulsion in accordance with procedural guarantees against forced return provided for in
the International Convention on Civil and Political Rights (ICCPR), Article 13.
59.
The Special Rapporteur encourages the Korean Government to revise the
implementation of the new EPS Act in accordance with international human rights treaties
that the Government of the Republic of Korea has signed or ratified. In this regard special
attention should be given to the need to provide unskilled migrant workers with the
possibility of lodging complaints to the competent authorities from his employer in case of
violations of his human rights.
60.
The RoK should consider providing migrant workers with the possibility of family
reunification.
61.
The Special Rapporteur recommends that every employer who is responsible for
violating the human rights of migrant workers is brought promptly to justice, including
through criminal prosecutions.