OCTOBER 1, 2013 | SOUTH KOREA
Injustice in South Korea Causes International Outcry
South Korea imprisons hundreds of young men who
are not criminals. Why? They are Jehovah’s Witnesses and have chosen to
follow the dictates of their conscience by refusing to perform military
service. Because Korea does not protect the rights of conscientious
objectors, conscripted Witnesses are sentenced to prison. In fact, for
the past 60 years more than 17,000 Jehovah’s Witnesses have been
imprisoned for their conscientious objection to military service.
To draw attention to this issue, the national office of Jehovah’s Witnesses in South Korea prepared a brochure entitled Conscientious Objection to Military Service in Korea. The
brochure highlights Korea’s failure to apply international standards
and protect conscientious objectors. It also provides a brief history of
young Witness men who have endured imprisonment because they would not
violate their conscience. Mr. Dae-il Hong, representative of the Korea
office of Jehovah’s Witnesses, and Philip Brumley, General Counsel for
Jehovah’s Witnesses in New York, give further insight into this
long-running injustice.
How has the international community responded to the injustice evident in South Korea?
Philip Brumley: A number of
countries have spoken out against Korea’s failure to recognize the
fundamental right of conscientious objection. During a recent UN
Universal Periodic Review session, eight countries—Hungary, France,
Germany, Poland, Slovakia, Spain, the United States, and Australia—urged
Korea to end the prosecution of conscientious objectors and to
establish non-military civilian service for them. *
Dae-il Hong: In 4 cases involving
a total of 501 conscientious objectors, the UN Human Rights Committee
(CCPR) ruled that the Republic of Korea violated their rights when it
convicted and imprisoned them. The Committee stated that “the right to
conscientious objection to military service is inherent to the right to
freedom of thought, conscience and religion. It entitles any individual
to an exemption from compulsory military service if the latter cannot be
reconciled with the individual’s religion or beliefs. That right must
not be impaired by coercion.” *
The Human Rights Council, another UN body,
likewise drew attention to this issue in its recently released report
entitled “Analytical report on conscientious objection to military
service.” This document sets out the international legal framework that
both recognizes the right of conscientious objection and prohibits
coercion through repeated trial or punishment of conscientious
objectors. *
What has been the response of the Korean government to this international outcry?
Philip Brumley: The Korean
government has not implemented the CCPR rulings. Therefore, it has
failed to abide by its international treaty commitments and has refused
to recognize the fundamental rights of conscientious objectors. Further,
South Korea’s Supreme Court and Constitutional Court ignored the CCPR
rulings when they rejected the appeals of conscientious objectors. The
Korean National Assembly has not implemented any alternative form of
civilian service for conscientious objectors and has not adopted any
provisions to protect them.
In general, how has imprisonment affected these young Jehovah’s Witnesses?
Dae-il Hong: These are brave
young men. They respond to the government’s call-up, knowing they will
be convicted and sent to prison under the current system. They do not
hide. They are model citizens before imprisonment, and they are model
prisoners. Sadly, when they are released they have a criminal record
that makes it nearly impossible for them to find employment in the
public sector or with larger corporations. They have been robbed of a
year and a half of their life in prison. Their families have had to
continue without them while they served their prison sentence. These
hardships are unnecessary.
Do Jehovah’s Witnesses in Korea deserve to be convicted and imprisoned as criminals for refusing compulsory military service?
Dae-il Hong: Absolutely not!
These young men are not criminals. Jehovah’s Witnesses are known in
Korea and worldwide as peaceful law-abiding citizens willing to serve
their community. They respect government authorities, obey the law, pay
taxes, and cooperate with government initiatives for the public benefit.
Recently, a Korean district court judge sentenced a young Witness to
prison for conscientiously objecting to military service. After saying
there was no other way to rule but render a guilty verdict, the judge
read the decision. Suddenly, the judge covered her face with the papers
and sobbed. It seems that the injustice of criminalizing the young man
so distressed the judge that she momentarily lost her composure. Others
in attendance also recognized the injustice and shed tears.
Philip Brumley: Truly, now is
the time for the Korean authorities to resolve this long-standing issue
and implement a system that respects the fundamental human rights of
conscientious objectors.
