401개의 게시물을 찾았습니다.
It's likely wellknown that the S.K. president Lee Myeong-bak(LMB) is a hard-core christian believer... So he likes to offer a very special "Year's End/Christmas" present:
A MASSIVE WAVE OF CRACKDOWN
TERROR ON MIGRANT WORKERS
Yesterday morning hundreds of riot cops and immigration officers launched the biggest crackdown on undocumented migrant workers of the LMB administration, raiding the industrial complex of Maseok/Namyangju (in the Gyeonggi Province, north of Seoul), arresting about 100 migrant workers.
The riot cops and immigration officers apparently surrounded the target areas and advanced, using tools to break down doors. Witnesses say at least five migrants were injured in the operation.
A 'Justice' Ministry official said they believed there to be about 700 "illegal" migrants in Maseok, and that they would take "strong measures against disturbances caused by illegal migrants".
He also said they’d launch two or three more major raids before the end of the year (!!).
The crackdowns are part of the government’s plan, announced Sept. 30, to deport at least 20,000 un-documented migrant workers until the end of the year.
The Mo'J' put these plans in place when it judged that the "activities of illegal migrants — including forming a union and protesting to have their immigration status legalized and participating in political protests such as demonstrations against the deployment of Korean troops to Iraq — had reached a serious level".
Based on a report by Yonhap (via Naver)
Related article:
☞ MoJ's "victory": More migrant workers deported..
Yonhap published today following strange piece:
Obama's win inspires hope for.. immigrants in S. Korea
Barack Obama's election as the first black U.S. president brought new hope for change an ocean away in South Korea on Wednesday, inspiring migrant workers.. looking to make greater inroads into this largely homogeneous society.
"African-Americans were once slaves and were called 'talking beasts' in the U.S. Now one of them has become the U.S. president," said Pastor Park Cheon-eung, the Korean head of the Ansan Migrant Workers Center in southern Seoul.
"In Korea, those who come from Southeast Asia are looked down upon because they come from poorer countries and they are dark-skinned. I trust this historic event will make a difference. Koreans will change, and migrant workers will have a higher self-esteem."
Skin color deeply affects the way the one million migrant workers residing in Korea are treated. Those from China, Vietnam, the Philippines and some African countries generally hold low-paying, labor-intensive jobs in and around industrial complexes and are looked down upon, while white North Americans are usually welcomed as English teachers and business consultants.
"As a minority in Korea, I welcome Obama, a minority in the U.S.," said Maung Zaw, 39, a Myanmarese democracy activist who recently received refugee status in Korea...
Sorry, but I can't see complete no connection between the new elected US president and the issue of migrant workers in S. Korea!!
Well, if I would follow the N. Korean propaganda, that S.K. is only a colony of the USA... But as far as I know, that's not the reality, not really..^^
Comrade Joo Bong-hui, a wellknown activist of KCTU, protesting in Manila, Philippines (10.27)..
..on the occasion of the "2nd Global Forum on Migration and Development" and the alternative "Peoples’ Global Action on Migration, Development and Human Rights" (PGA), held in the capitol of the Philippines until today.
For more infos:
☞ PGA
Today the S.K. gov't/Ministry of "Justice"(MoJ) announced a "new victory" in its efforts to terrorize (un-documented) migrant workers! Until July 18,412 migrant workers were arrested (and the majority of them deported), according to today's Korea Herald (see the article below!!).
But that's not MoJ's final "victory"! As it is planned (read also: "Declaration of War") by MoJ: until the end of the year more 30,000 (un-documented) migrant workers must be arrested and deported!
More illegal foreigners netted this year (Korea Herald)
More illegal foreign residents have been captured this year, data from the Justice Ministry showed today.
The increase in the number of captured illegal aliens was partially attributable to the Lee Myung-bak administration's toughened measures, a ministry official said.
The increase comes amid Lee's repeated calls to establish law and order, which he said is a key principle in managing state affairs.
Until July, a total of 18,412 illegal aliens had been caught by immigration authorities, according to the data. Of them, 14,368 foreigners were deported...
A total of 23,771 illegal expatriates were captured in 2006 and 22,546 were caught last year. Experts estimate that the number this year will far exceed those.
"In March, during the ministry's policy briefing, President Lee commented on stiffening measures against illegal expatriates," said the ministry official, who spoke on condition of anonymity.
"We felt quite restricted in leading our efforts to capture illegal aliens following the fire last year at a foreigner protection center," the official said, referring to the arson fire last February at the immigration office in Yeosu, South Jeolla Province, which left 10 foreigners dead from the inhalation of toxic gases.
"In 2006, our work was not that active due to assertive human rights activists. This year, however, we have smoothly led the efforts, which may have helped capture more illegal residents."
Among those captured, the greatest number worked in the manufacturing industry with 6,549, followed by those in the catering and accommodation industries (843) and those in the construction industry (278).
A total of 5,306 were captured in Seoul, while 3,723 were caught in Incheon, 2,415 in Suwon, 2,023 in Uijeongbu, 1,538 in Busan and 775 in Daegu.
The authorities conducted a nationwide clampdown on illegal aliens between May and July, and have operated a special taskforce dedicated to reducing their numbers since August.
The ministry recently announced its plan to decrease the number to 200,000 by the end of this year, and reduce the proportion of illegal foreigners to 10 percent.
As of Aug. 31, the number of foreigners residing here was 1,133,874, including 253,549 short-term foreign residents. Of them, the illegal residents totaled 222,859, accounting for 19.7 percent of the total foreign residents. This is a 3.1 percent decrease from a year ago.
South Korea's President "Lee(MB).. suggested a crackdown on illegal migrant workers", Korea Times(K.T.) reported today in the article "Zone for Peaceful Protests Planned"..
Two weeks ago AI demanded that the S.K. Gov't must respect the right to freedom of association of all migrant workers. Today the gov't, respective Ministry of "Justice"(MoJ) gave a "clear" answer:
"The government will escalate its crackdown on illegal foreigners", Korea Herald(K.H.) reported today... Or better said: "We'll increase the repression and prosecution of undocumented migrant workers!"
According to MoJ the main target will be the part of migrant workers who are struggling for legalization, basic labour rights and the freedom of association in the MTU (read today's K.T. article below!).
The MoJ's plan is to deport - until the end of the year - 30,000 undocumented migrant workers: "Illegal foreigners now number 230,000.. The Justice Ministry said it will reduce that number.. by the end of this year.. to 200,000", K.H. reported.
Well, you can call it - without to exaggerate - a renewed DECLARATION OF WAR against migrant workers in S.K. in general and MTU activists (and their sympathizers) in particular!!
Illegal Foreign Residents Face Tougher Regulations (K. Times)
The Ministry of Justice said Thursday it will intensify its investigations into illegal foreign residents in Korea over the next five years, a move to counter their growing numbers and recent moves to seek political support.
The ministry aims to deport at least half them during the period, thus reducing their numbers to below 10 percent of all foreigners here from the current 19.3 percent.
"Recently, illegal residents have attempted to form unions to call for their right to stay and even participated in political activities,'' the ministry said in a statement.
Court rulings in recent years have been supportive of the human rights of illegal residents, affirming their right to form labor unions and receive compensation for injuries sustained at workplaces.
The ministry stated such decisions have conveyed the notion that the law can be taken lightly and illegal residents tolerated. Employers also took advantage of their illegal status to make layoffs easier, it said.
There are 223,229 foreigners overstaying their visa in Korea out of the entire foreign population of 1.16 million, the ministry said. Those whose illegal sojourn here has surpassed four years account for 43 percent, it said...
http://www.koreatimes.co.kr/www/news/nation/2008/09/117_31655.html
From today's Korea Times:
Gov't Told to Respect Migrant Workers'
Rights to Form Union
Amnesty International, the world's largest human rights watchdog, urged the government Tuesday to respect the rights of migrant workers to form a union, calling for the immediate removal of all legal obstacles.
In a statement, Amnesty said "the refusal of the government to recognize legal union status of the Seoul-Gyeonggi-Incheon Migrants Trade Union (MTU) constitutes a denial of the rights to freely form and join trade unions, a right protected in the Korean Constitution and international human rights law.''
The Ministry of Justice, which is responsible for migrant workers' affairs, did not respond to the statement immediately. "It was issued suddenly so that we had no room to examine the statement. We will issue a reply within days,'' a justice ministry official told The Korea Times. (*)
The MTU was established in April 2005 for migrant workers regardless of their legal status. The Ministry of Labor rejected MTU's notification of its establishment on the basis that illegal migrant workers do not have the same rights to be protected under Korean law as legal migrant workers.
But in February 2007, the Seoul High Court ruled in favor of MTU, stating "the Constitution and the Trade Union Law protect the rights to freedom of association of all those who enter into an employment relationship as workers, including illegal migrant workers.''
The ministry appealed the case to the Supreme Court and a final ruling is expected before the end of the year.
Amnesty stressed the labor ministry violates domestic law and international conventions to which Korea is a state party...
http://www.koreatimes.co.kr/www/news/nation/2008/09/117_31505.html
* BS!! AI's statement has been already published (and sent to the S.K. gov't) ten days ago!! As you can see/read in the following offical..
Document:
Republic of Korea (South Korea): Government must respect the right to freedom of association of all migrant workers
AMNESTY INTERNATIONAL
PUBLIC STATEMENT
12 September 2008
Government must respect the right to freedom of
association of all migrant workers
The refusal of the government of the Republic of Korea (South Korea) to recognise the legal union status of the Seoul-Gyeonggi-Incheon Migrants Trade Union (MTU) constitutes a denial of the right to freely form and join trade unions, a right protected in South Korean law and in international human rights law.
MTU’s legal status
The Seoul-Gyeonggi-Incheon Migrants Trade Union was formed on 24 April 2005 for migrant workers regardless of their legal status. Most of its members are irregular migrant workers. On 3 June 2005, the South Korean Ministry of Labour rejected MTU’s notification of union establishment on the basis that irregular migrant workers do not have the same legally protected rights, including the right to freedom of association, guaranteed to other workers under South Korean law. However on 1 February 2007, the Seoul High Court ruled in favour of MTU, stating that the South Korean Constitution and the Trade Union Law protect the right to freedom of association of all those who enter into an employment relationship as workers, including irregular migrants (Seoul High Court decision 2006 NU 6774).
The Ministry of Labour has continued to deny MTU’s legal union status and has appealed the ruling to the Supreme Court, where a decision is expected this year. The Ministry of Labour’s refusal of MTU’s status is discriminatory and infringes on the right of irregular workers to associate in general and to form trade unions in particular.
Domestic and international standards
The Ministry of Labour’s position violates domestic law and international conventions to which South Korea is state party. For example, article 6, clause 1 of the South Korean Constitution provides that “treaties duly concluded and promulgated under the Constitution and generally recognized rules of international law shall have the same force and effect of law as domestic laws of the Republic of Korea”. South Korea is therefore obligated to protect the rights outlined in international conventions that it has ratified.
The International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), all protect the right of workers to freedom of association irrespective of their immigration status. Although South Korea has made a reservation on article 22 of the ICCPR (freedom of association), the reservation states only that article 22 shall be applied “in conformity with the provisions of the local laws including the Constitution of the Republic of Korea”. Since the right to freedom of association protected in the Constitution has been shown to cover irregular migrant workers, this reservation cannot be grounds for exempting them. Article 8 of the ICESCR provides, among other things:
“The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others.”
The crackdown on migrant workers’ trade unions violates this provision, and cannot be justified on the basis of the restrictions it allows, as the peaceful defence of the rights of workers cannot be interpreted as a threat to national security or public order.
In its General Recommendation No. 30 (2004), the Committee on the Elimination of Racial Discrimination recommended that states “ensure that legislative guarantees against racial discrimination apply to non-citizens regardless of their immigration status” and that “all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated” (paras. 7 and 35 respectively).
In addition, International Labour Organization (ILO) Convention No. 87 protects the right to freedom of association for all workers, “without distinction whatsoever” and has been shown to apply to irregular migrant workers through the Committee on Freedom of Association’s recommendations (Case No. 2121 (UGT), 2001 and Case No. 227 AFL-CIO/CTM, 2002). The ILO Constitution recognises that freedom of association is fundamental to labour rights, and grants the Committee on Freedom of Association the mandate to hear complaints against all ILO Member States regardless of whether they have ratified Convention No. 87 given the fundamental character of freedom of association and the right to organise.
Although South Korea has not ratified Convention No. 87, as a member state it is obligated to respect the fundamental rights protected in this and other ILO conventions under the Declaration of Fundamental Principles and Rights at Work adopted in 1998. During South Korea’s recent re-election to the Human Rights Council, it pledged to ratify the four ILO Fundamental Conventions, which includes No. 87.
Targeted crackdown
It appears that the South Korean government has also been targeting MTU leaders for arrest and deportation since the union was formed. MTU’s first president was arrested for being in an irregular or undocumented status soon after the union was founded and detained for over a year. Its second president, vice president and general secretary were all arrested on 27 November 2007 on similar grounds in three separate locations in Seoul. They were later deported on 13 December 2007. On 2 May 2008, MTU’s third president and vice president were arrested again under similar circumstances and deported on 15 May 2008, despite a recommendation for a stay of deportation by the National Human Rights Commission until its investigation of the arrests was completed.
Recommendation
Amnesty International calls upon the South Korean government to immediately remove obstacles to forming and participating in the MTU, in particular by recognising its status as a legal union in South Korea in line with domestic law and international law and standards.
The organization calls on the government to ensure the rights of everyone, regardless of their immigration status, to form trade unions and to join a trade union of their choice.
Last Thursday the S.K. ("left"-liberal) daily Hankyoreh published following "opinion", written by Attorney Jeong Jeong-hun:
No such thing as an illegal alien
There’s an online cafe whose theme is about calling for the deportation of “illegal aliens.”(*) An example of one of the comments you find on the “Good News” BBS there says, “Heck yeah! They deported ten Bangladeshi mari,” mari being a counting word for animals. The thinking and activities of those calling for the “extermination” of “illegal aliens” are reaching dangerous levels. Members are operating a page for reporting the “illegals,” and they even share reports on crackdowns and physically go to sites where the authorities are arresting people to report on location.
While they have been reported in the media before, their open hate as expressed in their words and deeds is not something that should be taken lightly. We are seeing a typical case of racism and xenophobia, in the sense that you have social frustration in the form of job anxiety turning into aggressive hate against certain groups.
They claim their actions are about “protecting domestic laborers by deporting illegal aliens,” and they say all they are doing is informing the public about “the foreigner question,” mainly about crimes on the part of foreigners. That, however, is just an excuse that attempts to justify prejudice and hate, and it is being followed by errant diagnoses and solutions.
For starters, their claims fail to note that immigration and migrant workers are here as a result of our social problems and not a cause. Agricultural communities are in collapse; society is no longer participating in child-rearing and so there is a lower birthrate; industry has experienced big business-led, deformed development; and there is serious socioeconomic disparity in the labor market. This, combined with global inequality, is resulting in immigration and migrant labor.
Their one-sided claim that foreigners are “taking our jobs” is also problematic. There could, of course, be debate about whether there is job conflict over jobs between migrant and domestic laborers. Many studies, however, indicate that jobs are not determined simply by the number of workers there are, and that the industrial development that comes with migrant labor actually contributes to the creation of more jobs. Also, the current “employment permission program” provides for various ways to make sure there is no conflict over the same jobs. It is hard to accept the claim that migrants are taking “Korean” jobs under this program, designed as it was to fill the vacuum created by the fact there are certain types of jobs domestic individuals would rather not take. Making those kinds of conclusions is close to racist mobilization of the masses by creating an “enemy in our midst” to deal with the social discord that comes with the lack of job security of these neoliberal times.
It is of course a fact that at construction sites and with undocumented migrant workers, there can very well be conflicts over jobs. However, the fundamental responsibility for that discord lies not with migrant workers or domestic workers. The responsibility lies with a system that distorts what the discord is. With employers using workers to have them compete on the floor for low wages, we need to be thinking about ways to prevent, by law, that kind of thing from happening.
Which is why we need to be saying there is “no such thing as an illegal alien” instead of calling for their “extermination.” Unions need to see how, if there is increased exploitation of undocumented migrant workers, that increases unfair competition with domestic workers. The only way to prevent falling wages and worsening labor conditions would be to protect the right of (undocumented) migrant workers to organize and their rights as workers.
We are “fighting with other poor people because we don’t have the strength to fight poverty.” The anger of people living in an uneasy society is making others into scapegoats. The social anxiety being turned into attacks on outsiders must not be allowed to grow. It is time for the Minju Nochong, the Korean Confederation of Trade Unions, to get actively involved in this issue.
http://english.hani.co.kr/arti/english_edition/e_opinion/310878.html
불법 노동자는 없다
“아자! 방글라 놈 열여덟 마리 추방시켰다∼.” ‘불법 체류자’ 추방 운동을 벌이고 있는 한 인터넷 카페의 자유게시판에 ‘좋은 소식’으로 공지된 글 중의 한 구절이다. ‘불법 체류자 박멸’을 주장하는 이들의 인식과 활동이 위험수위를 넘어섰다. 이들은 ‘불체자’ 신고 게시판을 운영하면서, 신고 처리 결과를 공유하거나 단속 현장에 직접 나가서 상황을 보고하기도 한다.
몇몇 언론에서 보도된 바 있지만, 이들의 ‘표현’과 활동에서 드러나는 노골적인 증오는 가볍게 보아 넘길 수준이 아니다. 고용 불안과 같은 사회적 좌절이 일부 계층에 대한 증오감정으로 공격적으로 표출되고 있다는 점에서 전형적인 인종주의와 제노포비아(외국인 혐오)가 가시화하고 있는 것이다.
이들은 ‘불법 체류자를 추방하여 국내 노동자를 보호’하는 것을 명분으로 내세우고, 범죄 등 외국인 문제를 시민들에게 알리는 활동을 하고 있다고 주장한다. 그러나 그런 주장은 편견과 혐오를 정당화하는 알리바이에 불과하며, 잘못된 진단과 처방을 따르는 것이다.
우선 이런 주장은 이민과 이주노동은 우리 사회 문제의 ‘원인’이 아니라 ‘결과’라는 점을 간과하고 있다. 농촌 붕괴, 사회적 육아 체계의 부재로 인한 출산율 저하, 대기업 위주의 기형적 산업 발전, 노동시장의 양극화라는 우리 사회의 구조적 원인과 전지구적 불평등이라는 요인이 결합돼서 현재의 이민과 이주노동 현상이 결과적으로 나타난 것이다.
그리고 ‘그들이 우리의 일자리를 빼앗고 있다’는 일방적인 전제 또한 문제다. 이주노동자와 내국인 노동자의 일자리가 충돌하고 있는지 여부는 논쟁적일 수 있다. 그러나 많은 보고서들은 일자리가 단순히 노동자의 수에 의해서만 결정되는 것이 아니고, 이주노동으로 인한 산업의 발전이 오히려 일자리를 만드는 데 기여하고 있다고 설명한다. 또한 현행 고용허가제는 고용 충돌을 방지하기 위한 여러 장치를 마련하고 있다. 내국인 기피 업종(3D)에서 인력 공백을 보충하도록 설계되어 있는 현재의 제도에서 이주노동자들이 ‘국민’의 일자리를 침해한다는 전제는 받아들이기 어렵다. 오히려 그러한 단정적 전제는 신자유주의 시대 불안전 고용의 사회적 갈등을 ‘내부의 적’을 만들어 우회하려는 인종주의적 동원에 가깝다.
물론 건설현장이나 미등록 이주노동자를 고용하는 경우, 고용 충돌이 발생할 개연성이 높은 것 또한 사실이다. 그러나 갈등의 근본적인 책임은 이주노동자들이나 내국인 노동자 당사자들에게 있지 않다. 문제는 갈등의 표출을 왜곡하는 제도 자체에 있다. 사업주들에 의해서 노동자들 사이의 ‘바닥을 향한 저임금 경쟁’이 활용되고 있다면, 어떻게 이를 제도적으로 막을 것인지에 주목하여야 한다.
그래서 우리의 관점은 ‘불법 체류자 박멸’이 아니라, ‘불법 노동자는 없다!’는 원칙의 확인이어야 한다. 사업장에서 미등록 이주노동자에 대한 착취가 강화되면, 결국 내국인 노동자들과의 불공정 경쟁을 증가시킬 것이라는 점에 대한 노동조합의 인식이 필요하다. 임금 하락과 노동조건의 악화를 막을 유일한 방법은 (미등록) 이주노동자의 조직화와 노동자로서의 권리를 보호하는 것이 되어야 한다.
우리는 “빈곤과 싸울 능력이 없기 때문에 가난한 사람들과 싸운다.” 그렇게 ‘불안사회’를 살아가는 사람들의 모난 분노가 희생양을 만들어 내고 있다. 사회적 불안을 이방인들을 향해 공격적으로 처리하는 왜곡된 인식이 더는 자라나서는 안 된다. 이제 민주노총과 같은 조직 노동자들이 이 문제에 적극적으로 대응할 때다.
(정정훈 변호사)
http://www.hani.co.kr/arti/SERIES/57/310716.html
* One very ugly example you can "enjoy" here:
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