Oral Statement by the Korea Center for United Nations Human Rights Policy

32nd regular session, Human Rights Council

Item 3 General Debate

Monday, 18 June 2016

This statement has been endorsed by the Korean Transnational Corporations Watch and 12 organizations^[1].

Mr. President,

We welcome the Council’s continued attention to business and human rights and efforts to address negative human rights impacts by business operations. Given that the Republic of Korea is home to many transnational corporations, such as Samsung, and that the rights of workers within and abroad continue to be violated, the recent country visit by the Working Group on the issue of human rights and transnational corporations and other business enterprises to our country is expected to add weight to the work of diverse actors struggling to narrow the discrepancies between international human rights norms and the actual human rights situation on the ground.

During the visit, the Working Group particularly focused on supply chain management, in line with the Guiding Principles on Business and Human Rights, which clearly state that the responsibility to respect human rights is not limited to corporations' own activities, but extends to indirect business relationships. However, regarding the methanol poisoning at third tier suppliers that resulted in at least three female workers in their 20s losing eyesight, Samsung Electronics and LG Electronics denied their responsibility by limiting their supervisory obligation to first-tier suppliers. Hyundai Heavy Industry is refusing to take responsibility over seven cases of industry deaths that occurred within its workplace, simply on the grounds that it has no direct employment relations. Moreover, Hyundai Motor Company is denying its involvement in union-busting, despite that it was revealed to have held regular meetings on the matter with its first tier supplier at the management level. Nevertheless, such violations of the Guiding Principles cannot be addressed as neither the definition of nor regulations on supply chains are established in domestic legislation.

Access to appropriate and effective remedy is not being provided to those affected. Up to date, at least 76 workers from Semiconductor factories of Samsung Electronics died of work-related diseases. However, less than 10 cases have been recognized as occupational diseases because the burden of proof is on the victims, while Samsung is refusing to reveal information on the chemicals used at its workplace claiming it is a “trade secret.” In 2011, more than 100 persons, mainly children and women, were killed due to Oxy Reckitt Benckiser’s humidifier sterilizers. Five years have passed, yet no steps for official compensation has been taken, except for the establishment of a humanitarian fund. The Government, which has the duty to strengthen the implementation of the Guiding Principles, remains in silence.

The Guiding Principles can only be realized when both States and businesses fulfill their duties and responsibilities. Therefore, we urge all Member-States of the UN to expedite their actions on eliminating legal and institutional limitations, as well as the obstacles of non-cooperation. We especially ask the Republic of Korea, as the President of the Council, to serve as an example in such efforts.

I thank you.

^[1] KTNC Watch (Korean House for International Solidarity, Korean Confederation of Trade Unions, Gonggam Human Rights Law Foundation, Korean Lawyers for Public Interest and Human Rights, Advocates for Public Interest Law, Corporate for All, MINBYUN - Lawyers for a Democratic Society Labor Committee), SHARPS (Supporters for the Health and Rights of People in the Semiconductor Industry), SARANGBANG Group for Human Rights, Korean Progressive Network Jinbonet, Dasan Human Rights Center, Jeju Peace Human Rights Center, Human Rights Movement Space 'Hawl', Solidarity Against Disability Discrimination, Seoul Solidarity Against Disability Discrimination, Collective Action for the Abolition of DRS and OPS, Solidarity for LGBT Human Rights of Korea, Samsung Labor Watch, Korea Solidarity against Precarious Work