[Statement] SOUTH KOREA: Civil society concerned over NHRCK’s independence, urges rescinding President’s impeachment defense recommendation

BANGKOK, Thailand (17 February 2025): The Asian Forum for Human Rights and Development (FORUM-ASIA) and the Asian NGO Network on National Human Rights Institutions (ANNI) are deeply concerned over the National Human Rights Commission of Korea’s (NHRCK) controversial decision to recommend guaranteeing President Yoon Suk Yeol’s right to defend himself during his impeachment trial.

NHRCK’s recommendation advocates for the protection of the right to fair trial for those accused of involvement in the martial law declaration. Critics, however, say that this merely enables the President to justify his actions.

We urge the NHRCK leadership to take immediate action to safeguard its independence and to adhere to the Paris Principles, which set the standards of effective and credible national human rights institutions (NHRI).

During the second NHRCK plenary session on 10 February 2025, six of the 11 commissioners,  including the Chairperson, voted in favor of passing the revised resolution in support of the impeached President.

NHRCK’s position of affirming support for the impeached President directly jeopardizes its credibility as the country’s national human rights institution (NHRI).

FORUM-ASIA and ANNI remind the NHRCK of its obligations as an “A status” NHRI to respect the Paris Principles by protecting its independence.

“FORUM-ASIA, ANNI, and our members are alarmed that the Commission has still yet to issue an official statement opposing the declaration of Martial Law. Its recent position to support the President’s right to defense in his upcoming impeachment trial continues to put the NHRCK’s independence at stake,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

According to GANHRI, an NHRI is obligated to “conduct itself with a heightened level of vigilance and independence” during a state of emergency by “monitoring, documenting, issuing public statements and releasing regular and detailed reports through the media in a timely manner to address urgent human rights violations.”

Civil society strongly urges the NHRCK to launch a formal investigation into the declaration of Martial Law in December 2024 and to condemn the human rights violations committed during the event.

Strong opposition against the NHRCK’s leadership

The plenary meeting held on 10 February was met with protesters from both pro-Yoon supporters and opposition groups. However, the police dispersed the demonstrators.

The second high-level meeting was initially scheduled to take place on 20 January 2025, following the failure to pass a resolution to recommend “countermeasures to overcome the crisis caused by the declaration of martial law” during its first plenary meeting on 13 January.  However, the meeting was postponed to 10 February following strong protests by civil society.

The four commissioners–Nam Kyu-sun, Won Min-kyong, Kim Young-jik, and So Ra-mi–who opposed the resolution during the vote on 10 February stated that such a move would constitute defending the President’s undemocratic declaration of martial law on 3 December 2024.

During a press conference on 11 February, three of the aforementioned commissioners announced their resignation in protest of the NHRCK’s decision but this was later rescinded following strong support from civil society to continue their term and fight for the Commission’s independence.

A number of NHRCK officials have since opposed their leadership’s decision, apologizing for the passage of the agenda.

FORUM-ASIA and ANNI join the Korean civil society in urging the NHRCK leadership to uphold the Paris Principles. As an A-status NHRI, the NHRCK should immediately issue a statement condemning the President’s martial law declaration in December 2024. It must conduct an investigation into the associated human rights violations conducted during the state of emergency.

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About FORUM-ASIA:

The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 88 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org

About the Asian NGOs Network on National Human Rights Institutions (ANNI):

The Asian NGOs Network on National Human Rights Institutions (ANNI) was established in December 2006. It is a network of Asian non-governmental organisations and human rights defenders working on issues related to National Human Rights Institutions (NHRIs). ANNI has members that are national organisations from all over Asia. ANNI currently has 33 member organisations from 21 countries or territories. The work of ANNI members focuses on strengthening the work and functioning of Asian NHRIs to better promote and protect human rights as well as to advocate for the improved compliance of Asian NHRIs with international standards, including the Paris Principles and General Observations of the Sub-Committee on Accreditation (SCA) of the Global Alliance of NHRIs (GANHRI). The Asian Forum for Human Rights and Development (FORUM-ASIA) has served as the Secretariat of ANNI since its establishment in 2006. http://l.forum-asia.org/ANNI