주민․활동가 석방 강력 촉구.. 韓 인권위 직무유기 비판도
아시아 인권위원회가 한국의 밀양 송전탑 반대 사태에 대해 한국 정부에 강력한 시정을 요구하고 나섰다.
아시아 인권위원회는 7일 <한국: 밀양 주민과의 정당하고 공평한 합의 없이 행정대집행을 하는 것은 합법적이 아니다>라는 홈페이지 성명서를 통해 “밀양의 주민과 인권운동가들의 처해진 상황과 관련해 평화적인 집회와 결사의 권리를 포함한 모든 가능한 권리를 존중할 것 등을 강력히 촉구했다.
아시아인권위는 “부산시 근처 밀양의, 주로 70대와 80대의 연령층으로 이루어진 주민들은 건립허가가 났던 시기로부터 줄곧 이 사업에 반대해왔다”면서 “한국전력이 2013년 10월 건축을 다시 재기한다고 통보하자 수백명의 경찰과 공무원이 파견되어 마을주민과 인권운동가들을 체포했고 이들이 물과 식량을 비롯한 어떤 도움도 외부로부터 받지 못하도록 격리시켰다”고 비판했다.
이 성명서는 밀양송전탑 건설의 배경과 주민들의 반대 시위, 불법적인 주민사업 동의, 시위 과정 등을 상세하게 전하며 “정부 주도의 개발 계획이 세워질 때는 언제나, 정부는 단지 그 계획에 영향을 받아 그로 인해 점점 더 소외되고 힘을 잃게 되는 사람들의 희생만을 요구한다”고 지적했다.
이어 “최근의 사례들은 한국 정부가 명백히 인권수호에 반해 타인의 희생을 강요하면서 이들을 취하는 예전 방식으로 돌아갔음을 보여준다”고 비난하며 “후진국에서 주로 발생하는 전형적인 인권침해를 한국에서 목격하는 것은 개탄스러운 일”이라고 비판했다.
아시아 인권위는 또 한국인권위원회가 제 역할을 하지 못하고 있다고도 지적했다.
이들은 “정부가 스스로의 의무를 무시해버렸기 때문에, 초기 단계에서 적극적인 개입으로 예방 조치를 취했어야 하는 것은 한국의 국가인권위원회가 해야 할 일이었지만 인권침해가 발생한 후에야 그 상황을 알아보기 위해 직원들을 파견한 것을 제외하면, 해야 할 일을 다 하지 못했다”고 꼬집었다.
아울러 밀양사태에 대해 깊은 염려를 가지고 이 일이 더 공정하고 공평한 절차로 해결될 수 있는 방법을 찾을 것을 서울시민에게 요청하고 싶다고 전하기도 했다. (☞ 아시아 인권위원회 성명 원문 보러가기)
| 다음은 정상추 네트워크의 아시아 인권위원회 성명 번역 전문 SOUTH KOREA: Vicarious administrative execution is not legitimate without just and fair consultation of Miryang villagers It is unavoidable that dissent, regardless of its severity, arises between the authorities and the people affected from national plans such as construction and redevelopment. It is reported that a nuclear plant has been being built in Busan in order to supply electricity to Seoul and for this reason, 69 transmission towers for the 765 kVs of power that will be generated from the nuclear plant were approved by the government in November 2007. Villagers composed mostly of persons between the age of 70 to 80, living in the affected village of Miryang close to Busan have opposed such construction since its approval. Regretfully, Mr. LEE Chi-woo, a villager, burned himself to death in protest to the police violence and oppression of government in January 2012. When the Korea Electronic Power Corporation (KEPCO) announced that they would resume construction on October 1, 2013, hundreds of police and public officials were deployed and they have arrested the villagers and rights activists and isolated them from receiving support, including food and water from others. Such actions taken by the government are not a surprising, rather having been a consistent, cohesive step which the government has taken in the name of law there is only vicarious administrative execution. When the country was in the process of economic development in the 1970s and 1980s, economic growth was always considered first while the rights of marginalised group of people such as workers working in extremely poor conditions were ignored. As such, whenever a government leading development project is adopted, it requests only the sacrifice of those affected who have become more marginalised and vulnerable. At this moment in Miryang, the elderly have been protesting against the construction of the transmission towers at the great risk of being targeted by the police and public officials. In order to ease the tension or conflict that has arisen in the affected area, a step has been taken to set up a consultative group of experts to study and make recommendations. However, it is reported that the consultation was carried out in an unjust and biased manner while excluding those who were opposed. Whenever questioned, the government has made the justification that the process of consultation was carried out. But, it was only with the group of people who support it.The case of the construction of naval base in Gangjeong village, Jeju Island is another example of such unfair consultation made, based on which the construction has started. Unfortunately, this unfair process of getting consents from those who are affected has not been taken seriously when the matter is brought before the court. It is another contributing factor that has continued to allow the government leading projects to disregard the rights of the affected and be justified in the name of law. It is a duty of the state to promote and protect human rights under international human rights laws which the government of South Korea has ratified. The right based approach together with the development in thematic issues such as the business and human rights have already become the core that has been discussed in international forums such as the UN Human Rights Council where the government is a member and expanding to other UN organs for incorporation of right based approach when they perform their duty. The recent cases have demonstrated that it is the return of the government's old style of getting benefits from the sacrifice of others which is clearly contrary to the protection of human rights. Since the government has disregarded its obligation, it is supposed to be the role of the National Human Rights Commission of Korea that should have taken preventive measures by active involvement from earlier stage but it has failed to do so, except to send staff to monitor the situation after violations take place. Under these circumstances, it has come as no surprise that the government of South Korea was reminded by UN experts of its duty to take measures to ensure the POSCO project does not adversely impact human rights when operating abroad. The Asian Human Rights Commission (AHRC) strongly urges the government of South Korea to unconditionally release all villagers and activists arrested while protesting against the construction of the transmission towers, respect the right to peaceful assembly and association and all possible rights relate to the situation of villagers and activists in Miryang, take measures to ensure that the Ministry of Trade, Industry and Energy is properly guided with the help of the Ministry of Justice so that the KEPCO fulfils its obligation to protect rights of villagers. Considering the fact that the construction of transmission towers are being built for the shortage of electricity in Seoul, the AHRC would like to provoke in particular, the residents in Seoul to declare that they do not wish to get electricity from the sacrifice of villagers currently protesting in Miryang and should express deep concern over the ongoing situation through various means including social network services, asking them to find ways to solve the matters with a just and fair process. It is the duty of the government to find ways to secure the shortage of electricity in Seoul but it does not have the right to force villagers in Miryang to be scapegoats for that purpose. It is deplorable for South Korea to witness such typical violations mostly occurring in underdeveloped countries. |
