Human Rights Commission: "Administrative Orders Such as Mandatory Diagnostic Tests for Migrant Workers Are Discriminatory Measures"

Resolution of the Full Committee Today
Recommendation for Some Local Governments' Mandatory Diagnostic Testing and Employment Disadvantages
"Establish Non-Discriminatory Quarantine Policies Based on Human Rights Principles"

National Human Rights Commission of Korea building. Photo by Human Rights Commission

[Asia Economy Reporter Lee Gwan-joo] The National Human Rights Commission of Korea (NHRCK) has judged the administrative orders issued by some local governments that forced migrant workers to undergo COVID-19 diagnostic testing as "discriminatory measures."

At the plenary meeting held on the 22nd, the NHRCK concluded that "administrative orders carried out without reasonable grounds despite no difference in the likelihood of COVID-19 infection based on nationality are discriminatory measures against foreigners," and recommended the Central Disaster and Safety Countermeasures Headquarters chief and metropolitan local government heads to establish and implement non-discriminatory quarantine policies based on human rights principles.

As confirmed cases increased recently, especially in workplaces densely employing migrant workers, quarantine authorities established a "foreign worker quarantine measure," and some local governments including Seoul, Gyeonggi Province, Daegu, and Gwangju implemented administrative orders that singled out and separated migrant workers to force them to undergo COVID-19 diagnostic testing. In particular, the NHRCK explained that some local governments issued administrative orders mandating that only migrant workers who tested negative in diagnostic tests could be hired, thereby imposing disadvantages in employment based on COVID-19 infection status.

Regarding this, the NHRCK comprehensively reviewed whether the administrative orders violated the equality rights of migrants under the Korean Constitution, the International Convention on the Elimination of All Forms of Racial Discrimination, and international COVID-19 guidelines established by the global community, and judged them as clear discrimination, urging immediate suspension. In response to such criticism, Seoul City downgraded its administrative order to a recommendation.

The NHRCK stated, "While we understand the quarantine authorities' active efforts to block the spread of COVID-19, measures that separate and distinguish specific groups without reasonable grounds may rather discourage active participation in quarantine efforts," and pointed out, "Labeling 'foreigners' as 'suspected infectious disease patients requiring COVID-19 diagnostic testing' spreads hatred and discrimination, ultimately failing to achieve the original purpose of quarantine and potentially threatening the safety of the entire community." It further emphasized, "There is a need to enact an Equality Act as a standard and basis for the government and local governments to consider when formulating policies."

Additionally, the NHRCK recommended preparing quarantine measures that improve the labor and living environments vulnerable to COVID-19 infection risk to ensure migrant workers' right to work safely.

This content was produced with the assistance of AI translation services.