During the COVID-19 pandemic, some local governments in Korea issued administrative orders that made diagnostic testing mandatory specifically for migrant workers. In response, a number of migrant rights organizations jointly drafted a statement urging the government to establish human rights-based prevention policies that treat everyone equally. This article summarizes the background and key points of that statement.

What Happened?

As COVID-19 cases increased in workplaces with large numbers of migrant workers, the Central Disaster and Safety Countermeasures Headquarters (CDSCH) developed a “COVID-19 Prevention Plan for Foreign Workers.” Some local governments then issued administrative orders requiring migrant workers specifically to be singled out and tested for COVID-19.

In particular, some local governments made it mandatory for employers to have migrant workers tested and confirmed negative before hiring them. This effectively penalized people in the hiring process on the basis of their COVID-19 status.

The Position of Migrant Rights Organizations

Migrant rights organizations considered these administrative orders to be human rights violations, and they submitted a statement to the CDSCH containing the following points:

  • Non-discriminatory prevention: The risk of COVID-19 infection has nothing to do with nationality. Prevention policies should not distinguish between Korean nationals and foreign nationals.
  • Safety for all members of society: Excluding or discriminating against particular groups can create gaps in public health protection. Advocates warned that marginalizing migrant communities could actually weaken society-wide pandemic control.
  • Policies grounded in human rights: Prevention policies must comply with international human rights standards, and in situations of social disaster, the rights of every member of society must be upheld.

The Judgment of the National Human Rights Commission of Korea (NHRCK)

The National Human Rights Commission of Korea (NHRCK) reviewed whether these local government administrative orders had violated the equality rights of migrants. Its review drew on the Constitution of the Republic of Korea, the National Human Rights Commission Act, international standards including the International Convention on the Elimination of All Forms of Racial Discrimination, and UN guidelines developed to prevent public health measures from becoming vehicles for discrimination and human rights violations.

At its 6th Plenary Session on March 22, 2021, the NHRCK concluded that administrative orders singling out foreign nationals for testing, despite the fact that COVID-19 infection risk does not vary by nationality, constituted discriminatory treatment with no reasonable justification and must stop immediately.

Regarding Seoul specifically, the NHRCK determined that the administrative order requiring COVID-19 testing of foreign workers amounted to unjustified discrimination based on nationality. It recommended that the order be revised so that it applied equally regardless of workers’ nationality, and that measures be taken to prevent recurrence of discrimination and human rights violations in the future.

Following a request from the Central Accident Management Headquarters to withdraw the mandatory testing orders for foreign workers, the mandatory testing requirement was changed to a “recommendation to test workers at high-risk workplaces.” Under the revised approach, Korean national workers at the same workplaces were also recommended for testing.

A Pattern of Repeated Discrimination

Discrimination against migrant workers was not limited to COVID-19 testing orders. After the outbreak began, migrants including migrant workers experienced exclusion and unequal treatment in mask distribution policies, and the same happened with emergency relief funds.

Migrant workers also found it difficult to take time off for vaccination, and in many cases were not permitted to go out after work hours. At some workplaces, workers were told they could not leave the factory grounds at all, or were instructed not to meet friends.

Useful Things to Know as a Migrant Worker

If you receive a public health administrative order or instructions about COVID-19 testing that force you to be tested solely because of your nationality, that may constitute discrimination. In that case, you can reach out to the following organizations for help:

  • Immigration Contact Center (1345): Even if your Korean is limited, you can receive advice in multiple languages. You can ask about anything related to public health measures, residency status, or labor issues.
  • National Human Rights Commission of Korea (NHRCK): If you believe you have experienced discrimination or a human rights violation, you can file a complaint with the NHRCK at www.humanrights.go.kr.
  • Migrant rights support organizations: There are organizations across Korea that support migrants. You can receive legal assistance from places such as the Public Interest Lawyers Group APIL (apil.or.kr).

Specific figures and procedures can change over time, so please check the latest information with the Immigration Contact Center (1345) or your local Korea Immigration Service office before taking any steps.