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| 07-April-2004 |
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Oral Statement by Asian Migrant Centre (AMC), A Non-Government Organization in Special Consultative Status. UN Commission on Human Rights, 60th Session Item 14.a: Specific Groups and Individuals: Migrant Workers Mr. Chairman: I have the honor to take the floor on behalf of Asian Migrant Center, a member of the Migrant Forum in Asia, under agenda 14.a on Migrant Workers. Mr. Chairman: With other civic social groups, the Joint Committee for Migrants in Korea (JCMK, a co-member with Asian Migrant Centre of the Migrant Forum in Asia) has tried to ensure the protection of the human rights of migrant workers in Korea. We have repeatedly demanded that the Korean Government abolish the Industrial Trainee System (ITS), legalize undocumented migrant workers, establish the work/employment permit system, and ratify the UN Convention for the “Protection of All Migrant Workers and Members of their Families.” The Korean Government has used cheap foreign labor under the ITS, which virtually ;leaves migrant workers exposed to serious labor abuse and exploitation: low wages, wage delays, industrial accidents, violence, among other violations. Therefore, many trainees run away from their designated work places, and in the event become undocumented. Some undocumented migrant workers (MWs) came to Korea on tourist or business visas paying up to US $10,000 to recruitment agencies. Naturally, they then overstay their visa to repay the debts and earn money for their families. They cannot leave Korea without doing this. Trainees and undocumented MWs work in 3D (dirty, dangerous and demeaning) job situations, which suffer from huge labor shortages. Mr. Chairman: Recently, the Korean National Assembly has legislated the Employment Permit System (EPS) on July 31, 2003, which will come into effect in August 2004. The Ministry pf Labor announced a set of regulations entitling MWs to the same labor protections as Korean citizens. Companies hiring foreign MWs are required to insure their employees against industrial accidents. Foreign laborers may demand for their labor rights in line with the Labor Standard Law and the Korean minimum wage system, organize trade unions and collective actions. Under the new provision their legal status is equal to that of Koreans, But, the EPS, like the ITS, prohibits MWs from changing work sites more than three times during their three years of permitted stay in Korea. However in reality, for the fear of dismissal, migrant workers do not change their jobs as freely as implied in the new provision. Meanwhile, Mr. Chairman, Ahead of the implementation of the EPS, the Korean government has selectively legalized undocumented MWs who had stayed in Korea for less than three years as of 31 March 2003, and demanded that undocumented MWs who had been is Korea for three to four years leave Korea unconditionally and would be allowed to re-enter if they voluntarily followed the required procedures. However undocumented MWs with longer than four years’ stay have no choice but to leave. Those who are not legalized were subject to a massive crackdown and deportation. The above implementation affected 120,000 undocumented migrant workers in Korea. Greatly distressed by the forced deportation; seven MWs committed suicide, while many others quit their jobs and went into hiding in rural areas where the roundup efforts of the government were expected to be less effective. From 15 November 2003, in most major cities in Korea, more than 1,000 undocumented MWs who had no choice but leave started sit-in protests to demand that the government withdraw the plan of crack down and deportation, and that the employment visas be issued without MWs having to leave the country. Finally, the government announced to give priority for future employments to those undocumented MWs who left voluntarily by the end of February 2004. Since the government did not guarantee this with any written assurance, most MWs did not follow the government policy. Furthermore, Mr. Chairman, Human rights violations against undocumented MWs and migrant supporters have been committed by government officials, while even documented migrants are vulnerable to violations. A Bangladeshi migrant community leader was arrested during the local union’s rally in October 2003. He was under permission of temporary release from the immigration processing center (detention center). As he refused to sign the travel document, the immigration officer pressured the Bangladesh Embassy and even Ministry of Foreign Affairs of Bangladesh to issue the travel document without his signature. He was then deported on 30 December 2003. A Nepali migrant union leader who has been in the migrant sit-in demonstration in Myungdong Camp since 15 November 2003 was arrested on 15 February 2004. After being detained he went on a hunger strike. After 32 days of hunger strike, he was deported on 1 April 2004 without being in possession of his personal documents. Fr. Lee Jung Ho (Director of Shalom House for MWs, former president of JCMK) intervened when he saw arrests of MWs in front of the Bangladesh Embassy on 7 January 2004. During the struggle, he was severely beaten by immigration officials and police, as a result of which he fainted and had to be hospitalized. Immigration officials raided Ansan Migrant Shelter (AMS) on 9 March 2004. When the immigration officials attempted to arrest MWs who had been in their protest against the deportation policy, Rev. Park Chun Eung (Director of AMS, former president of JCMK) protested against the move and tried to block them. But he was verbally abused and injured by immigration officials who attempted to pull him away. Migrant workers who were under hunger strike at the immigration processing center were denied proper health checks. According to the migrant detainees, medical treatment was provided only when the migrant workers demanded for it. Information concerning access to remedy processes of the National Human Rights Commission was not communicated to the migrant detainees. Since the passage of the EPS, newly emerging problems are found among migrant workers, especially issues of wage cuts and restrictions on changing workplace. Mr. Chairman; We are sure that the best way to solve the MWs’ problem in Korea is for the Korean government to: 1. Legalize all undocumented MWs before the implementation of Employment Permit System (EPS); 2. Abolish the current Industrial Trainee System (ITS) and to re-introduce it as a proper trainee (apprenticeship) system for those who want to acquire new technical skills; 3. Stop all human rights violations against MWs and the defenders of the human rights of migrant workers; 4. Ratify the UN Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families. Thank you, Mr. Chair. Delivered by: Rev. Young Soon Choe
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