South Korea ignores UN call for reparations for Filipino sex trafficking victims

While the United Nations Committee on the Elimination of Discrimination Against Women, known as CEDAW, concluded that the South Korean government should provide full compensation to three Filipino women for failing to have them protected while they were victims of human trafficking, the government maintains it will do so. “take appropriate measures in accordance with the court's decision” following the women's request for a retrial in 2023. Such a position shows that the government denies the harm suffered by these three women and that it does not intend to implement the UN recommendations.

The Ministry of Gender Equality and Family confirmed on Tuesday that it had developed an implementation plan which synthesizes the positions of the ministries concerned, including the Ministry of Justice, and submitted it to the UN on May 10 in response to the CEDAW committee's recommendation of “full reparation” for Filipino women in 2023.

Based on the CEDAW committee's recommendation, the victims requested a retrial against a court ruling finalized in 2020 that determined that the South Korean government was not liable for damages for ordering their deportation and detention, even though the victims were forced into the sex trade. .

However, the government has publicly stated that it will not grant any relief until the ongoing trial is completed. The government, specifically the Justice Department, had previously called for the retrial to be dismissed, stating that it was “doubtful whether the CEDAW committee's decision would have any legally binding force or influence.”

Kim Jong-chul, the lawyer from Advocates for Public Interest Law who represents the victims, criticized the government, saying: “The victims are giving the government the opportunity to move forward with the UN recommendations , but requesting a dismissal means that the government does not intend to take these recommendations into account.

The victims arrived in South Korea in 2014 on E-6 performing arts visas, thinking they would work as singers. However, they were forced by the owner of the club they worked at to sell sex and were caught in a police crackdown.

After being detained at the Seoul immigration office for 45 days, they received deportation orders. At the time, prosecutors decided to stay the victims' prostitution charges.

The court also rejected the victims' request to overturn the eviction order and requests for relief, based on how prosecutors denied accusations of forced prostitution brought by the club's owners.

However, CEDAW concluded in October 2023, after reviewing the victims' complaint filed in 2018, that the police and courts were wrong to dismiss the victims' history of forced sex trafficking. He also said South Korea failed to identify or protect the three women as trafficking victims, and instead treated them as criminals.

On this basis, the women last year requested a retrial in which the court found that the South Korean government was not liable for compensation for its deportation and detention orders.

Since the victims received deportation orders, retrial proceedings are taking place in an uncertain situation where they have no legal right to stay in South Korea. Foreign nationals involved in trials in South Korea can apply to the Justice Department for “other stay” (G-1) status, but victims have been unable to apply for fear that the order would expulsion is carried out in the country. process.

The victims are asking to be able to participate in the trial while benefiting from guaranteed legal residence status, while maintaining the UN recommendation of full reparation to those whose rights under the Convention on the Elimination of All forms of discrimination against women were violated. This means that the South Korean government is obliged to rectify all problems arising from their treatment as criminals.

In 2005, the United Nations General Assembly set out principles defining the actions required of member states to provide reparation to victims whose rights, in accordance with international human rights conventions, have been violated. According to these rules, they are obliged to take measures to restore victims to their status before their rights were violated and to provide full and effective compensation, including financial compensation, judicial decisions restoring their dignity and rights, or a formal apology.

Kim, the lawyer, said: “In light of UN principles, the government should rescind the suspension of indictments against the victims. [on prostitution charges] and reopen the investigation into the business owners who forced them into prostitution.

The administration's response was cold.

When asked by Hankyoreh whether victims could be allowed to stay in South Korea, the Justice Department responded: “Residence permits are determined based on verification and review of submitted documents and possible violations of national law. »

“We cannot provide any information on whether permissions will be granted,” he said.

It also notes that the victims “have been residing illegally since February 2022 without requesting authorization to extend their stay”.

On the question of compensation, the ministry observed that “the retrial in the compensation trial which took place [the victims] The complaints filed against the government are still ongoing.

“The issue of compensation must be considered based on the court’s decision,” he said.

Regarding the call for a new investigation into business owners, he said: “The Department of Justice does not have the authority to reopen investigations into specific cases.”

By Oh Se-jin, journalist

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