The Korea Herald

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[Editorial] Rights watchdog

Handpicking of NHRC chief not desirable

By 이윤주

Published : July 24, 2015 - 17:31

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President Park Geun-hye has nominated senior judge Lee Seong-ho as chairperson of the National Human Rights Commission. If Lee goes through the parliamentary confirmation hearing, he will take helm of the nation’s top human rights watchdog next month.

Park’s spokesperson said that the president chose Lee, head of the Seoul Central District Court, because he had a firm belief in the protection of human rights.

Lee may have such a belief, but it does not mean that he fulfills the requirement that the chairperson should have “professional knowledge and experience” in human rights issues and protect and improve human rights “in a fair and independent manner,” as stipulated by the NHRC Act. 

We doubt that having sat on the bench for about 30 years guarantees that Lee is well versed in human rights issues. That he has been handpicked by the president also raises questions whether the NHRC under Lee will be free from political influence. 

As things stand, the way the NHRC chairperson is appointed has been a controversial issue at home and abroad. Local civic groups have long called for a process which is more transparent and which can reflect the views of human rights groups.

Some international organizations are also finding fault with the way the NHRC leadership is formed: Besides the chairperson, it has 10 more commissioners, who are nominated by the president, National Assembly speaker and the chief justice.

Citing this appointment procedure and other reasons, the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights has deferred grading of the NHRC three times over the past two years. 

In its decision to defer grading of the NHRC last May, the committee said that Korea should provide “broad consultation” in the selection process and announce vacancies for the position of commissioners and seek “opinions from diverse civic forces.”

Park ignored this suggestion, missing the opportunity to restore the reputation of the nation’s supreme rights watchdog and enhance its long-questioned political independence.

Since its establishment in 2001, the commission has often been involved in controversies over key human rights issues as it took positions in line with the ideological direction of the government in power. 

If the occupant of the Blue House is a liberal, the NHRC took liberal positions on major issues, and vice versa. It is almost certain that the NHRC under Lee will also look to the Blue House when dealing with major human rights issues.

Another problem surrounding the nomination of Lee is that Park again demonstrated her favor for legal professionals to fill senior government posts. Lee is the latest in a seemingly endless list of former judges and prosecutors joining the Park administration. 

Most recently, the top posts of such powerful agencies -- the Board of Audit and Inspection, Korea Communications Commission -- as well as the prime minister have all been taken by former judges and prosecutors. This may hamper the independence of the judiciary and threaten the checks and balances among the three branches of government.

The National Assembly will soon hold a confirmation hearing on Lee. Lawmakers should look closely into whether Lee is qualified for the job. Above all else, they need to question him about his willingness to reform the rights body and uphold political independence of the NHRC. Of course, one of his first jobs as the chairperson should be to make sure his successor is appointed in a more transparent and democratic way.