HIV testing of foreigners without consent breach of human rights: local activists

SEOUL, Dec. 1 (Yonhap) -- A coalition of human rights and foreign workers'
organizations filed a petition Tuesday with the national human rights watchdog,
protesting over what they claim are South Korea's discriminatory measures against
HIV positive foreigners, the National Human Rights Commission (NHRC) said.
The petition, submitted by five groups, including the HIV/AIDS Human Rights
Solidarity Nanuri+ and the Migrants' Trade Union, claims that South Korea
infringes on the human rights of foreign migrants by conducting tests for HIV on
them without their knowledge or consent.
The coalition made the complaint Tuesday to coincide with World AIDS Day.
"According to South Korea's AIDS prevention law, a person's consent is required
before testing for HIV. But foreign workers are made to receive health checks
without being informed that they include a HIV test," Youn Gabriel, the head of
Nanuri+, said.
The petition also alleges that current emigration and immigration controls
discriminate against foreigners with AIDS.
"Even foreigners who have received work permits are deported from the country if
they test positive for HIV," Youn said, noting that over 600 foreigners have been
forced to leave since the late 1980s.
U.N. Secretary General Ban Ki-moon earlier called on South Korea's health
minister to remove the country's emigration and immigration controls on
foreigners with HIV, pointing out that it is one of 11 countries in the world to
impose such restrictions.
The Association for Teachers of English in Korea, a group of English language
instructors, submitted a similar petition to the NHRC in February, claiming that
carrying out HIV and drug tests on some, but not all foreign teachers, is
unconstitutional and characteristic of discrimination against foreign nationals.
Yun Seol-a, a public relations officer at the NHRC, said the commission is
currently probing the case.
"We are investigating to see if there are sufficient legal grounds to carry out
such tests," she said.
ecuedy@yna.co.kr
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