[Editorial] Human Rights Commission Says No to Migrant Workers

The National Human Rights Commission (HRC) has made a decision that essentially excuses the authorities for going after illegal migrant workers without going through the proper procedures. The HRC is supposed to be at the forefront of protecting civil rights in Korea, and so there is much that is problematic with the decision as it will invite discrimination against migrant workers. Furthermore, one worries that as a result, the idea you do not have to follow the proper legal procedures when cracking down on illegal aliens will become more common among the concerned authorities.

The immigration service says that when it detained Anwar Hussein, head of the migrant workers' union for the Seoul-Gyeonggi region, it based its action on the "detention order" arbitrarily issued by a Grade 9 civil servant and not the head of the local immigration service office. Furthermore, the second such order was not issued within 48 hours after detention as required. Because of the procedural problems and physical abuse on the part of those who arrested him, Hussein filed a complaint with the HRC asking that he be released from detention. However, the HRC recently decided to reserved judgment about the validity of the detention order issued by the Grade 9 civil servant while concluding there is no reason to release him, saying the second order was issued lawfully.

The HRC's decision is shameful as it shows you the current state of civil rights in Korea. The reason Korea is cited by international human rights organizations as a country that suppresses the rights of migrant workers is because Korea has not adequately protected their rights. The decision shows that "even the HRC discriminates against foreigners," and it might as well have admitted that there is basis to such criticism.

The question of how to resolve the issue of illegal migrant workers is not a simple one. However, it is clear the answer will be found in context of protecting migrant workers' civil rights. At the very least, there must be no exceptions in applying the law. The HRC need to rescind its decision and lead the way in correcting the government's wrongful practices.

The Hankyoreh, 21 November 2005.

[Translations by Seoul Selection]