South Korea
02.04.04
Urgent Interventions
South Korea: Forced Deportation of and Denial of Medical Attention for Migrant Workers
Case KOR 120104.1.ESCR
Economic, Social and Cultural Rights Concern
The International Secretariat of OMCT requests your URGENT intervention in the following situation in South Korea (Republic of Korea).
New Information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, about updated information concerning undocumented migrant workers in South Korea. In particular, undocumented migrant workers continue to be forcibly deported and workers who have been on hunger strike have been denied medical treatment while in detention.
According to the information received, another prominent member of Equality Trade Union – Migrants’ Branch (ETU-MB), Mr. Samar Thapa, was forcibly deported to Nepal on April 1, 2004. Mr. Thapa had submitted a complaint to the National Human Rights Commission of Korea concerning the human rights abuses suffered by migrant workers in Korea. Mr. Thapa was not paid his salary from his workplace, which led him also to lodge a complaint with the Labour Department. He was being detained in Yeosu Dentention Center, and despite the fact that his cases are ongoing and the fact that he was in need of medical attention, he was put on a plane in the morning at 9:00 on April 1 to Hong Kong and it is reported that he will be forced onto a plane from Hong Kong to Nepal. The Nepalese government regards Mr. Thapa as a terrorist because of his activities involving labour unions in South Korea. Thus, there is grave concern for his safety when he arrives in Nepal.
Additionally, undocumented migrant workers who have been detained have been denied medical attention in the context of a hunger strike. Nine workers reportedly went on a hunger strike on February 17, 2004 to protest the Korean government’s crackdown on undocumented migrant workers. By February 23, seventeen detained workers were striking. Six of the hunger strikers were put in solitary confinement and many of the striking detainees were need of medical attention: some were vomiting, others were discharging blood, others had body spasms and intense headaches. However, the authorities allegedly refused to grant the necessary treatments. On March 8, the authorities allowed a medical check-up but reportedly did not give the necessary treatment for the ailments that the detainees were suffering from.
According to the report, workers on hunger strike, named Kul Bahadur Yakha, Enamul Haq and “Gupta,” at Hwasong Detention Center, are experiencing health problems, having lost a lot of weight (Mr. Kul Bahadur Yakha weighs only 36 kg now, and Mr. Gupta weighs only 59 kg, having lost 14 kg.) Additionally, Mr. Byambajav Baraash is reportedly in critical condition. It is reported that Kul Bahadur Yakha, Enamul Haq and Byambajav Baraash were admitted to the hospital a couple of days ago. Nevertheless, the information received indicates that the detention centers have been very reluctant to provide any medical treatment.
These most recent violations are part of a campaign against undocumented migrant workers in South Korea, which resulted from the passage of a law in the summer of 2003. As a result of crackdowns between November and December 2003, at least 3000 migrant workers were deported and it is reported that around 10,000 migrant workers left South Korea voluntarily. Others have fled to the mountains to avoid deportation. In connection with these crackdowns, many cases of harassment and arbitrary detention have also been reported. According to the Ministry of Justice, as of March 2, 2004, 136,000 migrant workers remain in South Korea. According to the information received, the government announced its intention to renew crackdowns against migrant workers beginning March 1, 2004. Seven migrant workers have committed suicide in the face of these deportations, while two others have died in accidents related to the deportations since the initial crackdown began. Additionally, company owners who employ illegal workers who have stayed for more than the legal term of 4 years will face up to three years in prison and fines of 20 million won (about US$17,000), meaning that many migrant workers are being fired from their jobs.
Brief reminder of the situation
In November and December 2003, the South Korean government was launching bi-weekly crackdown manhunts of migrant workers in their neighbourhoods, factories and in downtown shopping districts, causing migrant workers to be in constant fear. In a statement, the South Korean Justice Ministry reportedly said that 50 special squads would round up workers, immediately expelling those who had air tickets and passports. The Minister also said that he would work with home country embassies to repatriate those without documents and tickets. As a result, many migrant workers have reportedly left the country and others have taken to the hills, hiding out in the mountains until the crackdown ends.
It is also reported that employers have also been hit with exorbitant fines, forcing them to lay off their already paid foreign workers. Other reports, quoting local media sources, have alleged that South Korean employers were taking advantage of the impending expulsions to withhold some $2.6 million in wages owed to 1,460 workers.
In response to this situation, demonstrations and protests have been organised by the Equality Trade Union-Migrants' Branch (ETU-MB), the only nationwide migrant labour union that was build up and created by migrant workers. Reports indicate that ETU-MB members and supporters have been physically attacked by riot police and immigration authorities during recent demonstrations. The ETU-MB also organised a sit-in struggle at the Myeongdong Cathedral, demanding the abolishment of the Industrial Trainee System (ITS), the establishment of a five-year working visa, freedom to choose one’s place of work, the release of all migrant workers being held in detention centres, legalization of all undocumented migrant workers and the guarantee of the three basic labour rights stipulated by the South Korean Constitution: the rights to organise, of collective bargaining and of collective action. It is reported that whenever the ETU-MB members poked their heads out of the Myongdong Cathedral, there were police ready to detain and deport them.
Reports also indicate that the South Korean government has already made it clear that it intends to break the ETU-MB and deport its leaders. In this respect, two Bangladesh migrant workers of the ETU-MB, Khademul Islam Bidduth and Jamal Ali were forcibly deported by the South Korean' authorities on 30 December 2003 to Bangladesh. Both are now reportedly facing prosecution by the Bangladesh government, at the request of the South Korean authorities, for having associated with trade unions and civil society groups while in Korea.
Background Information
In South Korea, the Industrial Trainee System (ITS) is a common source of cheap and docile labour, allowing systematic exploitation and abuse of migrant workers. The ITS only guarantees migrant workers a three-year legal stay in Korea, but as a trainee, not a legal worker. After three years, the 'trainees' must return to their country of origin. As trainees, migrant workers have no 'legal' rights or bargaining power. Moreover, they do not receive protection from local unions or state regulatory bodies because they are not 'legitimate' workers, even though they perform the same jobs as regular ones.
Migrant workers are mainly employed in small factories as trainees with labour intensive production and they have to perform dirty, dangerous and difficult jobs for very low pay (around US$ 350 per month). They must work long hours and they enjoy no labour rights. Despite frequent industrial accidents, they are not entitled to compensation. These “trainees” frequently run away from these jobs, thus assuming illegal status and enjoying even fewer rights. Around 80 percent of all foreign workers in South Korea are reportedly illegal migrants.
The Employment Permit System (EPS), introduced in legislation in the summer of 2003, was originally intended to replace the much disdained ITS. However, the EPS and ITS will now complement each other. The EPS intends to protect migrant workers by placing strict standards on the hiring practices of employers. Furthermore, the EPS provides that, once hired, migrant workers may not change their place of work. The inability of migrant workers to legally leave their place of work leaves them extremely vulnerable to working in sub-standard conditions and suffering other human rights violations by their employers.
According to the new EPS, migrant workers residing in South Korea for more than 4 years - the majority of migrants - have to leave the country without any possibility of coming back. With the recent crackdown, those migrants who are deported will be replaced by 'workers', who in four years' time will also become illegal, causing the government, migrant workers and Korean society to face the same problems they face today.
Action requested:
i. put an immediate stop to the deportation and crackdown against migrant workers and ETU-MB activists.
ii. ensure that no workers are forcibly sent back to countries where they are at risk of being tortured, ill-treated or arbitrarily detained and that each worker’s case is subject to a process of review that is impartial and just;
iii. extend the deadline for expulsion to ensure that mass deportations of people are not carried out, to discuss pending issues such as wages owed to the workers and rights of children born to an illegal worker and a South Korean partner, and to set up co-operation schemes with countries of origin to ensure rehabilitation of the workers on their return;
iv. ensure that medical attention is provided to all detained migrant workers who are in need of it;
v. ensure that the workers are paid all wages and benefits owed to them, and that respect for family life and humanitarian considerations are taken into account and workers with these needs are regularised;
vi. introduce legislation that guarantees migrant workers full protection of their civil, political, economic, social and cultural rights;
vii. guarantee the respect of human rights and fundamental freedoms throughout South Korea in accordance with international human rights standards.
Addresses:
Mr. Roh Moo-hyun, President, 1 Sejong-no, Jongno-gu, Seoul 110-820, REPUBLIC OF KOREA; Tel: +822 770-0018; Fax: +822 770-0347 or 770-0001 / +822 770-2579; E-mail: president@cwd.go.kr or president@president.go.kr
Ms. Kang Kum-sil, Minister of Justice, 1 Jungang-ro, Gwachon-si, Gyonggi Province, 427-760, REPUBLIC OF KOREA; Fax: +822 504 3337 / +822 503 7046 (HR Department); E-mail: jk.kim@moj.go.kr or kskang7@moj.go.kr
Mr. Kwon Ki Hong, Minister of Labour, 1 Jungang-ro, Gwacheon-si, Gyonggi Province, 427-760
REPUBLIC OF KOREA; Tel: +82 2 2110 2114; Fax: +82 2 6494 6494
Chang-kook Kim, President, National Human Rights Commission of Korea, 16 Euljiro 1-ga, Jung-gu, Seoul 100 842, REPUBLIC OF KOREA; Tel: +82 2 2125 9700; Fax: +82 2 2125 9811 / 9666; E-mail: nhrc@humanrights.go.kr
Please also write to the embassies of Korea in your respective country.
Geneva, April 2, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Economic, Social and Cultural Rights Concern
The International Secretariat of OMCT requests your URGENT intervention in the following situation in South Korea (Republic of Korea).
New Information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, about updated information concerning undocumented migrant workers in South Korea. In particular, undocumented migrant workers continue to be forcibly deported and workers who have been on hunger strike have been denied medical treatment while in detention.
According to the information received, another prominent member of Equality Trade Union – Migrants’ Branch (ETU-MB), Mr. Samar Thapa, was forcibly deported to Nepal on April 1, 2004. Mr. Thapa had submitted a complaint to the National Human Rights Commission of Korea concerning the human rights abuses suffered by migrant workers in Korea. Mr. Thapa was not paid his salary from his workplace, which led him also to lodge a complaint with the Labour Department. He was being detained in Yeosu Dentention Center, and despite the fact that his cases are ongoing and the fact that he was in need of medical attention, he was put on a plane in the morning at 9:00 on April 1 to Hong Kong and it is reported that he will be forced onto a plane from Hong Kong to Nepal. The Nepalese government regards Mr. Thapa as a terrorist because of his activities involving labour unions in South Korea. Thus, there is grave concern for his safety when he arrives in Nepal.
Additionally, undocumented migrant workers who have been detained have been denied medical attention in the context of a hunger strike. Nine workers reportedly went on a hunger strike on February 17, 2004 to protest the Korean government’s crackdown on undocumented migrant workers. By February 23, seventeen detained workers were striking. Six of the hunger strikers were put in solitary confinement and many of the striking detainees were need of medical attention: some were vomiting, others were discharging blood, others had body spasms and intense headaches. However, the authorities allegedly refused to grant the necessary treatments. On March 8, the authorities allowed a medical check-up but reportedly did not give the necessary treatment for the ailments that the detainees were suffering from.
According to the report, workers on hunger strike, named Kul Bahadur Yakha, Enamul Haq and “Gupta,” at Hwasong Detention Center, are experiencing health problems, having lost a lot of weight (Mr. Kul Bahadur Yakha weighs only 36 kg now, and Mr. Gupta weighs only 59 kg, having lost 14 kg.) Additionally, Mr. Byambajav Baraash is reportedly in critical condition. It is reported that Kul Bahadur Yakha, Enamul Haq and Byambajav Baraash were admitted to the hospital a couple of days ago. Nevertheless, the information received indicates that the detention centers have been very reluctant to provide any medical treatment.
These most recent violations are part of a campaign against undocumented migrant workers in South Korea, which resulted from the passage of a law in the summer of 2003. As a result of crackdowns between November and December 2003, at least 3000 migrant workers were deported and it is reported that around 10,000 migrant workers left South Korea voluntarily. Others have fled to the mountains to avoid deportation. In connection with these crackdowns, many cases of harassment and arbitrary detention have also been reported. According to the Ministry of Justice, as of March 2, 2004, 136,000 migrant workers remain in South Korea. According to the information received, the government announced its intention to renew crackdowns against migrant workers beginning March 1, 2004. Seven migrant workers have committed suicide in the face of these deportations, while two others have died in accidents related to the deportations since the initial crackdown began. Additionally, company owners who employ illegal workers who have stayed for more than the legal term of 4 years will face up to three years in prison and fines of 20 million won (about US$17,000), meaning that many migrant workers are being fired from their jobs.
Brief reminder of the situation
In November and December 2003, the South Korean government was launching bi-weekly crackdown manhunts of migrant workers in their neighbourhoods, factories and in downtown shopping districts, causing migrant workers to be in constant fear. In a statement, the South Korean Justice Ministry reportedly said that 50 special squads would round up workers, immediately expelling those who had air tickets and passports. The Minister also said that he would work with home country embassies to repatriate those without documents and tickets. As a result, many migrant workers have reportedly left the country and others have taken to the hills, hiding out in the mountains until the crackdown ends.
It is also reported that employers have also been hit with exorbitant fines, forcing them to lay off their already paid foreign workers. Other reports, quoting local media sources, have alleged that South Korean employers were taking advantage of the impending expulsions to withhold some $2.6 million in wages owed to 1,460 workers.
In response to this situation, demonstrations and protests have been organised by the Equality Trade Union-Migrants' Branch (ETU-MB), the only nationwide migrant labour union that was build up and created by migrant workers. Reports indicate that ETU-MB members and supporters have been physically attacked by riot police and immigration authorities during recent demonstrations. The ETU-MB also organised a sit-in struggle at the Myeongdong Cathedral, demanding the abolishment of the Industrial Trainee System (ITS), the establishment of a five-year working visa, freedom to choose one’s place of work, the release of all migrant workers being held in detention centres, legalization of all undocumented migrant workers and the guarantee of the three basic labour rights stipulated by the South Korean Constitution: the rights to organise, of collective bargaining and of collective action. It is reported that whenever the ETU-MB members poked their heads out of the Myongdong Cathedral, there were police ready to detain and deport them.
Reports also indicate that the South Korean government has already made it clear that it intends to break the ETU-MB and deport its leaders. In this respect, two Bangladesh migrant workers of the ETU-MB, Khademul Islam Bidduth and Jamal Ali were forcibly deported by the South Korean' authorities on 30 December 2003 to Bangladesh. Both are now reportedly facing prosecution by the Bangladesh government, at the request of the South Korean authorities, for having associated with trade unions and civil society groups while in Korea.
Background Information
In South Korea, the Industrial Trainee System (ITS) is a common source of cheap and docile labour, allowing systematic exploitation and abuse of migrant workers. The ITS only guarantees migrant workers a three-year legal stay in Korea, but as a trainee, not a legal worker. After three years, the 'trainees' must return to their country of origin. As trainees, migrant workers have no 'legal' rights or bargaining power. Moreover, they do not receive protection from local unions or state regulatory bodies because they are not 'legitimate' workers, even though they perform the same jobs as regular ones.
Migrant workers are mainly employed in small factories as trainees with labour intensive production and they have to perform dirty, dangerous and difficult jobs for very low pay (around US$ 350 per month). They must work long hours and they enjoy no labour rights. Despite frequent industrial accidents, they are not entitled to compensation. These “trainees” frequently run away from these jobs, thus assuming illegal status and enjoying even fewer rights. Around 80 percent of all foreign workers in South Korea are reportedly illegal migrants.
The Employment Permit System (EPS), introduced in legislation in the summer of 2003, was originally intended to replace the much disdained ITS. However, the EPS and ITS will now complement each other. The EPS intends to protect migrant workers by placing strict standards on the hiring practices of employers. Furthermore, the EPS provides that, once hired, migrant workers may not change their place of work. The inability of migrant workers to legally leave their place of work leaves them extremely vulnerable to working in sub-standard conditions and suffering other human rights violations by their employers.
According to the new EPS, migrant workers residing in South Korea for more than 4 years - the majority of migrants - have to leave the country without any possibility of coming back. With the recent crackdown, those migrants who are deported will be replaced by 'workers', who in four years' time will also become illegal, causing the government, migrant workers and Korean society to face the same problems they face today.
Action requested:
i. put an immediate stop to the deportation and crackdown against migrant workers and ETU-MB activists.
ii. ensure that no workers are forcibly sent back to countries where they are at risk of being tortured, ill-treated or arbitrarily detained and that each worker’s case is subject to a process of review that is impartial and just;
iii. extend the deadline for expulsion to ensure that mass deportations of people are not carried out, to discuss pending issues such as wages owed to the workers and rights of children born to an illegal worker and a South Korean partner, and to set up co-operation schemes with countries of origin to ensure rehabilitation of the workers on their return;
iv. ensure that medical attention is provided to all detained migrant workers who are in need of it;
v. ensure that the workers are paid all wages and benefits owed to them, and that respect for family life and humanitarian considerations are taken into account and workers with these needs are regularised;
vi. introduce legislation that guarantees migrant workers full protection of their civil, political, economic, social and cultural rights;
vii. guarantee the respect of human rights and fundamental freedoms throughout South Korea in accordance with international human rights standards.
Addresses:
Mr. Roh Moo-hyun, President, 1 Sejong-no, Jongno-gu, Seoul 110-820, REPUBLIC OF KOREA; Tel: +822 770-0018; Fax: +822 770-0347 or 770-0001 / +822 770-2579; E-mail: president@cwd.go.kr or president@president.go.kr
Ms. Kang Kum-sil, Minister of Justice, 1 Jungang-ro, Gwachon-si, Gyonggi Province, 427-760, REPUBLIC OF KOREA; Fax: +822 504 3337 / +822 503 7046 (HR Department); E-mail: jk.kim@moj.go.kr or kskang7@moj.go.kr
Mr. Kwon Ki Hong, Minister of Labour, 1 Jungang-ro, Gwacheon-si, Gyonggi Province, 427-760
REPUBLIC OF KOREA; Tel: +82 2 2110 2114; Fax: +82 2 6494 6494
Chang-kook Kim, President, National Human Rights Commission of Korea, 16 Euljiro 1-ga, Jung-gu, Seoul 100 842, REPUBLIC OF KOREA; Tel: +82 2 2125 9700; Fax: +82 2 2125 9811 / 9666; E-mail: nhrc@humanrights.go.kr
Please also write to the embassies of Korea in your respective country.
Geneva, April 2, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.