Letter to Mr. Moon Jae In

November 15, 2007

Mr. Moon Jae In,

I write on behalf of the Blue Diamond Society to express our disappointment that South Korea's Ministry of Justice has decided to eliminate sexual orientation from its list of protected categories in the proposed anti-discrimination legislation. This action severely compromises the proposed legislation, which is intended to recognize and secure the equality of Korean citizens who are most targeted for discriminatory treatment.

Lesbian, gay, bisexual and transgender (LGBT) people in South Korea face real discrimination.  They are frequently denied jobs and segregated into particular industries.  Their access to public institutions, such as healthcare and educational facilities, is limited by their fear of being exposed. They are forced to endure police harassment.  Those LGBT people who acknowledge their gay identity in public are often the targets of hatred and abuse.

Yet, despite the persistence of discrimination in society, South Korea has been a leader on LGBT rights, both internationally and domestically. South Korea is one of the few countries in the Asia/Pacific region that has voted in favor of the rights of LGBT people at the United Nations.  And domestically, the National Human Rights Commission has long opposed all forms of discrimination, including discrimination based on sexual orientation.

The current administration's decision to omit sexual minorities from the proposed anti-discrimination legislation conflicts starkly with your country's reputation and leadership in the human rights arena. By striking down protections for a vulnerable community, you deny your Human Rights Commission the legislative "teeth" it needs to be effective. Moreover, you send a message to local governments, employers, and members of civil society that LGBT people do not count.

It is critical to restore the 7th clause on sexual orientation to the anti-discrimination legislation.
Sexual minorities should not have to compartmentalize their lives and hide in shame or fear because their government has excluded them from a law designed to reflect the egalitarian principles of the South Korean Constitution. The proposed anti-discrimination legislation also marginalizes six other groups, including single mothers and migrant workers. The protected status of all the eliminated categories should be restored.  This will make it clear to both South Korean society and the international community that the country recognizes the value, intersectionality and indivisibility of human rights.

Blue Diamond Society works in Nepal with individuals and groups to show that discrimination on the basis of sexual orientation is a human rights violation.  While we acknowledge that you confront significant pressure from your opponents in the National Assembly and corporate sector, the state's job is to implement its treaty obligations with regard to the fulfillment of
human rights principles such as equality and free expression. We urge you not to abandon your country's commitment to the rights of vulnerable communities. Please reconsider the changes to the proposed anti-discrimination legislation. It is clear that you want this legislation to be your legacy.  Let it be a legacy that all can celebrate.

Sincerely,

Sunil Babu Pant
President
Blue Diamond Society
Lazimpat, Kathmandu
Nepal
Homepage: www.bds.org.np
E-mail: cspsb@yahoo.com
Phone: +977 1 4443350/4445147

cc: Civil Affairs Office; Mr. Cha Sung Su, Senior Secretary to the President for Civic and Social
Agenda, (Cheong Wa Dae/Blue House), Office of the Korean President; Mr. So Moon Sang, Administrative Secretary, (Cheong Wa Dae/Blue House), Office of the Korean President; Mr. Jung Sung Jin, Minister of Justice; Mr. Kim Jong Hoon, Chief of Human Rights Bureau; Mr. Hong Gwan Pyo, Secretary for Division of Human Rights Policy; Mr. Nam Ki Myoung, Minister, Ministry of Government Legislation; Mr. Park Jong Il, Secretary for the Bureau of Administrative Affairs,
Ministry of Government Legislation; Office of The Prime Minister; Yun Hu-deock, Chief of the Secretariat of the Prime Minister