Human rights advocates defend E-2 rules challenge

Human rights advocates moved to clear up details of a Constitutional case against E-2 teaching visa regulations, fearing divisions amongst foreign nationals here.

Korea Public Interest Lawyers Group filed a case in the Constitutional Court, after the National Human Rights Commission of Korea released a report arguing that the regulations were discriminatory and ineffective.

News reports had indicated that the case aimed to ensure the same checks for other visa holders. Holders of other visas have strongly objected to such suggestion in the past.

"This is not a demand for HIV checks on more foreigners," said Ben Wagner, an American lawyer who teaches International law at Kyung Hee University Law School who filed the NHRCK report. "It`s absurd to even think that a human rights group would even suggest that."

"Countries are free to set their own restrictions, but they have to be in pursuit of a legitimate aim. They also have to provide a reasonable chance of achieving that aim, and that`s not what is happening here."

The new visa restrictions were introduced in response to calls to protect children from abuse by teachers. But the report points out that no law exists to allow such requirements, and argues that the measures do little to achieve this aim.

HIV, for example, cannot be transmitted to students through the medium of teaching.

Criminals in certain countries can get clean background checks by applying to other states or towns.

Drugs testing is also required, but the report points out that only 44 drug-related arrests of E-2 holders happened in the three years leading up to their introduction. They were all for marijuana - a drug that immigration no longer requires E-2 applicants to be tested for.

Greg Dolezal, acting communications director at the Association of Teachers of English in Korea says his group supports criminal record checks for teachers of children.

"Where we see a problem is when one group of teachers (E-2 Visa holders) is singled out as more dangerous and therefore made to take additional tests, like the HIV test and drug screening. This is a form of profiling and is a discriminatory practice," said Dolezal.

"We believe that foreign teachers and Korean teachers should be subject to the same regulations for working with children."

The immigration service says that it is a country`s right to control entry and that Korea has the right to demand drug and health checks of E-2 visa holders

"Those who enter a country are bound to some restrictions, and we felt the need to take extra precautions on those who are related to education," said Ahn Gyu-seok, of the Korea Immigration Service.

However, drug and health checks are not entry requirements for citizens of English-speaking countries, and teachers submitted to checks in Korea have already entered the country.

The World Health Organization and the U.N. Commission on Human Rights have both said that barring entry to people with AIDS is a violation of human rights and increases the risk of spreading the disease.

U.N. Secretary General Ban Ki-moon has repeatedly spoken against it, naming in December 70 countries, including Korea and the United States, who continued the practice and urging them to stop.

(paulkerry@heraldm.com)







By Paul Kerry