Walk Thoughts #66: a quick rundown of Day 4, Leg 3
32 minutes ago
The government remains slow in responding to calls for the removal of racist policies, running the risk of further alienating itself from global standards.Mind you, nowhere in the article is there any proof offered to back up the assertion that the government has been piqued by or is resentful of this ruling; only the following is reported:
The U.N.-affiliated committee ruled Wednesday that the HIV testing of foreign teachers in Korea is a form of discrimination.
In reaction, the Ministry of Justice admitted that it was aware of the ruling through media reports.It will be interesting to see what happens, especially considering the fact that the government took nine months to respond to the CERD petition for in the first place (six months past a 90 day deadline), and the local media ignored the initial acceptance of the petition completely. As well, headlines here are portraying the ruling as Korea being admonished by the UN (Korea Times: "Korea told to scrap HIV test on foreign teachers," KBS: 'UN CERD: "Korea, testing only foreign instructors for HIV is a violation of human rights."' SBS: 'UN CERD "Korea, abolish HIV testing of foreign teachers."') which could be spun into a blow to Korea's sovereignty (and pride).
"We have not received an official ruling through the Ministry of Foreign Affairs yet. We will make a decision on how to respond to the ruling after we receive it," a ministry official at the immigration control bureau said.
HIV and drug tests were introduced in 2007 for E-2 (foreign language instructor), E-6 (artistic performer) and E-9 (non-professional employment) visa holders.While it's true that E-2 HIV tests were introduced in 2007 (with a lot of help from Anti-English Spectrum), HIV testing for what would become the E-6 visa [ie, "entertainers"] was in fact introduced in 1989, and came as a result of the anti-AIDS campaigns prior to and during the 1988 Seoul Olympics. The tests for migrant workers, now considered E-9 (non-professional employment) visa holders, but from the late 1980s labeled "industrial trainees," were implemented in 1994, so the E-6 and E-9 HIV testing regimes had been around, in the former case, for over twenty years when they were (so we're told) removed in 2010. As for U.N. Secretary General Ban Ki-moon, he not only called for removal of testing in general, but after the ROK left the E-2 tests in place, he also specifically urged that they be removed as well.
The government later scrapped the requirement for E-6 and E-9 visa holders after facing criticism from international figures and organizations, including U.N. Secretary General Ban Ki-moon. Yet it still remains for E-2 visa holders.
On May 18, 2015, the United Nations Committee on the Elimination of Racial Discrimination decided the case of a former native English teacher from New Zealand. Ms. “L.G” lost her job and work visa in 2009 after she refused to take a second round of in-country drug and HIV tests demanded by the Education Ministry just months after submitting to identical tests for the purposes of immigration. Korean citizen teachers and even ethnic Korean noncitizen teachers are able to avoid such tests. Ms. L.G. correctly regarded the government’s demands as based on unfounded stereotypes of foreigners as drug users and sexual deviants. While immigration has required a single negative test result for HIV and drugs for prospective foreign teachers since 2007, the Education Ministry began demanding their own tests, meaning that many teachers are tested multiple times during their time in the country.An official summary of the decision is here, while the full decision can be downloaded as a .doc here. As can be seen here, of four cases considered this session by CERD, only this case was considered to be in violation of the Convention for Eradication of Racial Discrmination; the summary points out which articles of the convention the ROK was found to be violating in this case.
In 2012, the Committee accepted L.G’s petition after she had exhausted all possible solutions in Korea (a prerequisite for bringing complaints under the CERD) including filing unsuccessful complaints with the National Human Rights Commission of Korea and Korean Commercial Arbitration Board.
[D]uring arbitration proceedings, L.G.’s employers, the Ulsan Metropolitan Office of Education (UMOE), said that HIV/AIDS tests were viewed as a means to check the values and morality of foreign English teachers.One of the Committee's recommendations isn't very surprising:
The Committee recommends that the State party grant the petitioner adequate compensation for the moral and material damages caused by the above-mentioned violations of the Convention, including compensation for the lost wages during the one year she was prevented from working.It continues with much more sweeping recommendations, however:
It also recommends that the State Party takes the appropriate means to review regulations and policies enacted at the State or local level related to employment of foreigners and abolish, both in law and practice, any piece of legislation, regulation, policy or measure which has the effect of creating or perpetuating racial discrimination. The Committee recommends the State party to counter any manifestations of xenophobia, through stereotyping or stigmatizing, of foreigners by public officials, the media and the public at large, including, as appropriate, public campaigns, official statements and codes of conduct for politicians and the media. The State party is also requested to give wide publicity to the Committee’s Opinion, including among prosecutors and judicial bodies, and to translate it into the official language of the State party.This doesn't just refer to English teachers, but to regulations for all foreign workers. And as I've covered here, the references to the conduct of the media and politicians is very pertinent, considering the 'Citizens Group for Upright English Education' (also known as Anti English Spectrum) worked closely with the media and had access to politicians when pushing for the creation of the HIV testing policy (among others) in the first place.
GENEVA, May 20 (Yonhap) -- A United Nations committee on Wednesday reprimanded South Korea's mandatory HIV testing of native English teachers as discrimination against foreigners, urging the country to abolish the policy.As someone who contributed research to the CERD petition, I'm really happy with the results. What happens next is up to the Korean government.
Foreigners who come to South Korea to teach English are required to have a criminal background check and tests for illegal drugs and the HIV virus, while Korean nationals in equivalent jobs are not required to go through such scrutiny.
The U.N. Committee on the Elimination of Racial Discrimination (CERD) has deliberated the policy after Lisa Griffin, a former English teacher from New Zealand, filed a complaint when her contract with a local education office was not renewed in 2009 over HIV testing.
Griffin, who had received a negative result on the first test, refused to undergo a second, arguing it could stigmatize foreigners as people who have a higher risk of AIDS and could spread a negative sentiment against them.
The Geneva-based committee said the foreigner-only HIV test was "discriminatory and an affront to her dignity," urging the South Korean government to compensate for "moral and material damages" she suffered.
The mandatory testing "does not appear to be justified on public health grounds or any other ground, and is a breach of the right to work without distinction to race, color, national or ethnic origin," the committee said in a release.
The U.N. committee urged Korean authorities to take steps to revise the policies that stereotype or stigmatize foreigners, giving them 90 days to report back on the process.