Complaint to: the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and expression,  
the Special Rapporteur on the Situation of Human Rights Defenders and
the Special Rapporteur on the Human Rights of Migrants
This complaint regards the targeted arrest of the cultural worker and human rights activist, Minod Moktan, on the morning of October 8, 2009. A single complaint is being submitted for the purpose of efficiency, and includes all information required by all three Rapporteurs. Given the timeliness of this case we respectfully request your urgent response.
Background Information regarding the Victim
Family Name: Moktan
Given Name: Minod
Nickname: Minoo
Age and Birth date: 11 July 1971 (38)
Gender: Male
Nationality: Nepal
Residence in South Korea:  1992-2009 (undocumented status)
Occupation: Director of the Film Production Team, Migrant Workers Television.
Status as a Cultural Worker, Media Activist and Human Rights Defender  
Minod Moktan arrived in South Korea in February 1992. At that time there was no system in Korea through which people could migrate to work, so he came on a short-term tourist visa. Moktan worked as a manual laborer in South Korea from 1992 until 2003, during which time he experienced first hand the many forms of oppression, discrimination and exploitation suffered by migrant workers in Korean society. Moktan became convinced that cultural work and cross-culture exchange was an important way to address these problems and therefore began working as a human rights and cultural activist in 2003.
 In 2003-2004 migrant workers in South Korea carried out a year-long sit in protest in opposition to the implementation of a new system of managing migrant labor (the Employment Permit System) that stimulated human rights abuses by making migrants excessively subordinate to their employers, and the imposition of an brutal crackdown undocumented migrant workers, which has since then led to countless injuries, deaths and other abuses. At the time of the sit-in protest, Moktan founded the first multicultural migrants’ band in South Korea (“Stop Crackdown Band”) in order to spread the message of protest against human rights abuses through song and performance. In 2005 he also began carrying out educational programs on multiculturalism for diverse audiences including elementary school and college-age students and the general public. He continued to do this work up until the time he was arrested. Moktan has also appeared on several television news programs to discuss the discrimination faced by migrant workers and the importance of cross-cultural awareness.
 In 2005 Moktan was one of several activists who founded the Migrant Workers TV (MWTV), a television station that broadcasts news related to migrants in Korea in several languages. It is MWTV’s goal to contribute to the creation of a society free from discrimination by proving a ‘voice’ to migrants through which they can speak about their lives and experiences. Moktan served as Co-chair of MWTV in 2007-2008 and Director of the MWTV Film Production Team in 2009. He has also produced two documentaries that look at the lives of migrant workers in South Korea and the human rights abuses they face (“Our Good Friend Mabub Alam: Dialogue with Korean Society” [2009]; “2% Migrant, the Republic of Korea in 2008” [2008]) and served as the Executive Director of the 3rd Annual Migrant Workers’ Film Festival in 2008.
All of Moktan’s cultural work has been carried out with the goal of raising awareness about the discrimination and human rights abuses faced by migrants in South Korea and creating cross-cultural dialogue as a means to address these problems. His work has been carried out primarily in and around Seoul, the capital of South Korea, but should be viewed as having national impact.
Alleged Violations
Moktan was arrested at 10:00 the morning on Thursday October 8, 2008 in front of the MWTV office in the Yongsan district of Seoul, South Korea. He was arrested by 3 officers of the Seoul Immigration Authorities, who had been waiting in hiding and confronted him as he was on his way to work. The officers followed legal immigration procedures, presenting an order for Moktan’s detention based on his status as an undocumented migrant. After being arrested he was taken first to the Seoul Immigration Office and then to the Hwaseong Foreigners Detention Center on the same day. Moktan has had access to legal assistance. He continues to be confined at the Hwaseong detention center and there are concerns that he could be deported at anytime.
 Moktan’s arrest and confinement constitute and abuse of the authority to arrest, detain and deport undocumented migrants in an act of repression of freedom of expression. While the Immigration Authorities claim that Moktan was arrested in the course of normal immigration procedures aimed at detaining and deporting undocumented migrant workers, this is clearly not the case. The immigration officers had been waiting in hiding in front of the MWTV office demonstrating that the arrest was pre-planned. Moreover, the location of the arrest was highly conspicuous, given that normal immigration raids are made at factories where migrant workers work or areas where they live in large numbers. It would be very hard to see the fact that Moktan was arrested in front of the media outlet where he works as a coincidence. It is quite clear that the arrest was made in an attempt to stop Moktan’s cultural work in defense of the human rights of migrants. Moreover, as is explained in greater detail in the last section of this complaint, the targeting of migrant worker activists by immigration officers is a pattern in South Korea, and has been acknowledged as a point of concern by the Special Rapporteur on the Situation of Human Rights Defenders, the Special Rapporteur on the Human Rights of Migrants and the ILO Committee on Freedom of Association.
Alleged Perpetrators
The perpetrators in this case were the arresting officers who work for the Seoul Immigration Authorities. Ultimate responsibility lies with the Seoul Immigration Authorities (Director, Gi-bong Woo) and the South Korean the Ministry of Justice (Minster of Justice, Gwui-nam Lee), of which the Immigration Services are a subsidiary agency.  
State Actions
As stated above, the state authorities involved in this case are the Seoul Immigration Authorities and the Ministry of Justice. In South Korea, the only process for making objections to detentions of migrants is a formalistic procedure within the Immigration Services. An objection to Moktan’s detention and deportation has been filed using this procedure.
 A committee to respond to the arrest and detention has been formed by concerned civil society organizations. The committee has made the allegation public and is seeking support in protesting the arrest from domestic and international human rights organizations. A press conference will be held on October 14.

Like between the Violation and Cultural Human Rights Work
As can be seen in the location and manner in which the arrest was carried out, this is not a case of the execution of normal immigration procedures, as is claimed by the Immigration Authorities, but an abuse of state power in order to repress the freedom of expression of an individual whose work promotes the human rights of migrant workers.
The targeted arrest and deportation by migrant activists in order to stop their activities in support of migrants’ human rights is a pattern of the South Korean government. Since 2002, several migrant activists involved in labor organizing and human rights defense have been arrested and many of them deported. At the end of 2007, the president, vice president and general secretary of the Migrants Trade Union (MTU), a union formed by and for migrant workers, were targeted, arrested and deported in the same manner as Moktan. The next leadership of MTU was arrested and deported in a similar fashion in May 2008.
 While it is true that these men had been residing in South Korea in an undocumented status, the manner in which they were apprehended demonstrates that the arrests were aimed at stopping their activities in defense of human and labor rights, as is the case with Moktan. This pattern of abuse of state authority in acts of repression against migrant activists has provoked concern and intervention from the Special Rapporteur on the Human Rights of Migrants, the Special Rapporteur on the Situation of Human Rights Defenders and the ILO Committee on Freedom of Association. On May 16, 2008 the two Special Rappoteurs sent a joint urgent appeal to the South Korean government expressing concern “that the arrest and detention of [the MTU officers] represent an attempt by the authorities to prevent [them] from carrying out peaceful activities in the defense of human rights, in particular labor rights” and “that these incidents may constitute a trend to attempt to deter migrants from peacefully exercising their legitimate right to freedom of association, including the right to form and join trade unions” (A/HRC/10/12/Add.1, para. 1526). Similarly, the ILO Committee on Freedom of expression issued a recommendation to the government requesting that it refrain from arrest of union leaders and other acts that may seriously interfere with union activities in the future (GB.304/6, para. 795b).
 It is clear that Moktan’s arrest is a continuation of the government’s pattern of targeting migrant activists. This incident has caused great concern in Korean civil society that more arrests of a similar fashion will take place in the near future.
Source of this Communication
This communication is being sent by:
The Committee to Free Migrant Cultural Activist Minod Moktan
Te: 82-2285-6068, Fax: 82-2269-6166
Email: migrant@jinbo.net
Address:  78 Bunji, Chungjeong-ro 2ga, Seoul Building, 2nd Floor.
Seodaemun-gu, Seoul, South Korea 120-012
Please address communications to: Young-sup Jung
Given the possibility of Moktan’s deportation at any point and of more targeted arrests of migrant activists we respectfully request your urgent intervention in this matter.

KoreaRev.Jang, 2009-10-16 01:18, Hit : 613