Upon consideration of a communication submitted before it, the UN Committee on the Elimination of Racial Discrimination held the Republic of Korea accountable for multiple violations of rights under the International Convention on the Elimination of All Forms of Racial Discrimination, including the right to work, and access to an effective remedy.
Implementation of the decision is currently in progress. Enforcing the Committee recommendations will constitute concrete steps by Korea towards meeting its obligations under the Convention. In its decision, the Committee explicitly states that it wishes to receive, within 90 days information from the Korean government about the measures taken to give effect to the Committee’s opinion. With respect to the aforementioned policy of mandatory testing, the Korean government has said in a submission to the Committee that since 2010, mandatory testing is no longer required in order for foreign teachers of English to renew their contract, and that this development rendered the complaint redundant. The government’s assertion however has been disputed, and also, L.G. has emphasized that that mere discontinuance of the policy does not constitute a complete remedy for the violation of her rights. Proper implementation of the Committee decision is thus vital to ensuring justice in this case.
It is noteworthy that in prescribing recommendations, this decision does not refer only to foreign English teachers, but to regulations for all foreign workers. In an increasingly globalized world, particularly as pertains to labor, this case is significant because it highlights the discrimination that can be faced by foreign/migrant workers and upholds their human rights. Moreover South Korea has been criticized in recent years for its treatment of foreign/migrant workers. If properly enforced, the ruling will have an important impact on workers’ rights in Korea. At the very least, as one commentator noted, the case provides ‘a solid foundation on which to pressure the South Korean government.’ The decision will also likely influence developments in other countries where workers face similar violations of their rights.
L.G. was represented in this case by Benjamin Wagner, the founder of International Advocacy.
