Combating Domestic Violence among the Female Migrants in South Korea

Combating Domestic Violence among the Female Migrants in South Korea

Introduction

Statement of the Problem

International marriage was not a common phenomenon in South Korea as previously witnessed in assignment 2. International marriage was considered to be acceptable considering the consistency with which the widespread of the conservative thoughts were spread to stress on the lineage and racial purity. South Korea is among the countries which receive a high number of migrants globally regardless of gender. Consequently, some so many women get married in South Korea in the attempt to seek refuge. The resultant effects of such marriages have been constant domestic violence. This type of abuse has been on the rise to the levels which invoke the societal concerns both in South Korea and the global society at large. In South Korea, there exist multifaceted socio-cultural settings which facilitate the domestic violence among the migrant women. The South Korean government authorized the migration of rural bachelors so that they could intermingle and get married. The consequence was a high number of the migrant women into the country in the name of business transactions in that globalization process.

Today, the globalization has had a negative impact on the migrant women in South Korea. Data from the Emergency Support Centre for Migrant Women (ESMW) indicate that the incidences of domestic violence among the migrant women have doubled making it a social problem. As a result of this social problem, there are several social change efforts the South Korean government has put in place to help eradicate the issues of domestic violence among the female migrants. There are several responses the government is trying to put in place to combat domestic violence among the migrant women. The interventions include the economic reactions, political response, and social response. Nevertheless, this research will discuss the various social change efforts that have occurred in South Korea to end the issues of domestic violence among migrant women.

Data Collection

The data used in this research were obtained from the existing databases on the migrants in South Korea and the UN. Other data were just collected from the views of the migrant women themselves, and those who experienced the domestic violence in the last three years of their marriage. In this perspective, the data collection focused mostly on the rural areas of South Korea where the old norms of gender inequality are still evident. The primary means of obtaining the raw data focused on the oral interviews, observations of the societal system of South Korea regarding the workforce composition and the reason migrant women were not given opportunities in the industrial sectors in Korea. The other data were obtained from the department of criminal justice of South Korea which works in close unison with the established judicial system of the land to serve justice to the oppressed and the marginalized group. During the data collection process, all the consent of the participants was obtained, and the ethical considerations upheld not to reveal the identity of the participant due to fears of being repatriated. From the data collected, there was evidence that the South Korean society was trying as much to formulate the legislative policies which could drive the social change efforts.      

Description of the Social Change Effort

The South Korean government aims to enact the comprehensive anti-discrimination law. As required by the United Nations, all the governments under its jurisdiction must pass this law to grant her citizens the full enjoyment of the rights as prescribed in the Committee on the Rights of the Children (2011), Social and Cultural Rights (2009), the Human Rights Committee of 2015 and the Universal Periodic Review of 2012 (Choi, 2014). According to the chapters as mentioned earlier of the anti-discrimination law, the Korean government is also trying to create gender equality through the enactment of the Framework Act on Gender Equality and Gender Policy (Htun, 2010). This effort aims to establish balance across all the gender in the workforce and consequently in the families. If there is gender equality in the South Korean’s workforce, there will be gender equality among the couples in their houses since all the individuals would be breadwinners in the .family. The establishment of the Gender Equality Committee in 2015 sought to deliberate on policies which would facilitate gender equality in the South Korean society.

Additionally, the South Korean government created the post of the gender equality officer in the 47 administrative bodies and 17 municipals to guard the rights of women (Htun, 2010). The establishment of the National Human Rights Commission in South Korea also aimed to establish a soft landing sponge for any more female migrants. It would protect the women migrants from excessive abuse of their rights and outline the procedures for dealing with the gender-based discrimination as per the established law.

The government of South Korea has put in place legislative measures to criminalize the rape by lack of consent, and this includes marital rape. This effort follows the Supreme Court decision of 2013 which set good precedence on combating domestic violence which results from rape cases. However, this measures the offended women migrants to file reports of domestic violence as it happens. Nevertheless, only about 2.9% of the total cases of domestic violence are reported in South Korea, yet it is a societal issue (Palmary, 2010). Thus, in conjunction with this law, there is the efforts compel migrant women to say any case of domestic violence in their houses as fast as possible. The low reporting rates stem from the uncertainties of perpetrator punishment, the blame of the victim and fear of retaliation which has caused a steady decline in the indictment and detention rates. The government is on the campaigns to increase the number of women employees in corporate sectors and public sector. In particular, there is the campaign to raise the name of the female police officers from the current 10% due to sex-segregated recruitment (Kim, 2010). In this effort, the government seeks to create awareness that even the female migrant can do what men can do upon attaining the South Korean citizenship.

One of the main reasons the women migrants face intimate partner violence in South Korea is the feeling that these women are in South Korean illegally. As a result, they have no meaningful stake in the government, and hence they end up suffering without raising their concerns to the relevant authorities (Palmary, 2010). On this basis, there have several social change efforts to promote legal and safe migration for women migrant workers in South Korea (Cheng, 2011). Through this effort, the government is trying to foster sustainable alternatives to movement in Korea. The South Korean government is seeking to expand its opportunity and improve the social services and the community infrastructure in areas prone to economically induced inbound migration. This effort is trying to put any female migrant on the radar of the government such that upon any form of domestic violence, the government can quickly do a follow-up (Palmary, 2010). Many of the cases of the intimate partner violence go unreported due to the similar reasons for being an illegal citizen of South Korea. There is also the effort to promote the legal channels of migration to deter illegal migration issues. The women migrants in the country are given improved access to the meaningful and gender-sensitive migration information and education. This campaign is seeking to create awareness among these female migrants and granting them the freedom of access to relevant information.

Challenges to Social Change Effort

As the Korean society drifts towards creating an enabling environment for the migrant women and combating domestic violence, there have been several challenges facing such efforts. To begin with, there has been a contentious debate about increasing the number of the female police officers including the migrant women (Kim, 2010). The National Police Agency of South Korea stated the fear of weakening the security field while citing acts of treason as well. This argument still diverts the Korean society back to the old norms where the women were not given equal opportunities as men. As a result, the same effect is carried to various households where these migrants reside and the superiority complex, in this case, results in domestic violence.

Moreover, regarding the reports on punishment on domestic and sexual violence, the domestic violence cases are virtually left unpunished. The primary propose of the act concerning the punishment of Crimes on Domestic Violence is to maintain and restore the family (Htun, 2010). Therefore, there is the use of the protective disposition instead of the criminal punishment for the domestic violence. The prosecutors may suspend the indictment of the domestic violence offenders on the condition of counseling after considering their behaviors or issue protective disposition at home. There would be a reduced number of cases received and handled since the couples may decide to play it safe before the prosecutor and ignite the wars later in retaliation which worsens the issues of domestic violence.

The efforts to have the legislative measures to criminalize rape by lack of consent also have some challenges. First, this decision recognizes the offense as rape because the perpetrator forced himself upon the wife by rendering her defenseless or by applying a considerable level of violence or threats rather than identifying the offense by lack of consent as the committee requires. Also, the effort applies an extremely narrow interpretation of marital rape with a view of maintaining the family by refraining from intervening the sexual life of the married couples rather than serving justice to the offended. The legal system should be reformed by amending the definition of rape in the Criminal Act to include marital rape so that couples could be covered squared and fair (Htun, 2010).

The establishment of the various human rights agencies in South Korea has not served the oppressed well. The National Human Rights Commission is not performing its role of monitoring domestic violence and women rights. Additionally, the NHRCK has also failed in watching policy recommendations and corrective measures for domestic violence. Consequently, it presents instead, a harsh environment for the migrant women since their rights are violated without any prosecutions (Moon, 2011). Although the government has appointed the gender equality officers in their response, they are not solidly in charge of women policies including migrant women and many lack gender perspectives. The government made efforts to revise the 1995 Framework Act on migrant women development into the Framework Act on Gender Equality (FAGE) in 2014 (Betts, 2013). This change shifted the policy paradigm from the women’s event to the actualization of gender equality. However, FAGE concentrates much on the numerical balance between the two sexes and focuses exclusively on men and women as policy target groups.

Some more challenges could also be witnessed in the enactment of the comprehensive anti-discrimination law. The government of South Korea excluded the category of sexual orientation from the Anti-Discrimination Bill of 2007 (Betts, 2013). There has not been any public campaign by the government to create awareness on the omission of the sexual orientation from the bill thus creating no much harm to the citizens. Even though there is not much harm, the perpetrators of domestic violence among the migrant women remain on the course of the omitted section of the law and navigate their forms of inflicting pain to the women immigrants. The other implication is the inadequate justice served to the offended since the society comprising of the perpetrators is still at liberty to carry out their stupid acts.

Key campaigns

The constant increase in the domestic violence among the migrant women in South Korea attracted the intervention of bodies like Korean Women Association United (KWAU). Since its establishment, KWAU has remained the most active women rights NGO in South Korea which champions for all the women rights in the South Korean Republic (Nam, 2010). KWAU since its formation has cooperated well with the progressive experts and lawyers who offer professional support. As a result, it has been on the forefront to champion for women’s human rights in Korea. The NGO led to the formation of critical movements such as the movements for the abolition of the patriarchal family-leadership methods (“Hoju” system), the campaign for the expansion of women’s participation in politics and public offices, the movement for the three acts on women’s rights among others (Nam, 2010). KWAU is the only NGO in South Korea which played a critical role in establishing the necessary frameworks for the government’s women’s policies which includes the creation of the Ministry of Gender and Equality and the adoption of the gender-responsive budget.

There several support services which have been put in place by the government of South Korea to battle domestic violence among migrant women. For instance, the Ministry of Gender Equality (MOGE) established in 2001 which the KWAU championed is tasked with working to prevent domestic violence and protecting its victims (Nam, 2010). Through the ministry, the migrant women obtained a sigh of relief due to several campaigns launched since its formation waging war against domestic violence against migrant women and the women in South Korea in general. The ministry singed UN Development Fund for Women (UNIFEM) in 2008 and launched a campaign titled “Say NO to violence against women” on behalf of the South Korean Government (Nam, 2010). On top of the MOGE, the Ministry of Justice has also concentrated much on the behavioral treatment program for domestic violence offenders as part of the court sentence.

The government also runs the Korea Women’s Hotline (KWHL) which is an organization that is committed to achieving non-violent Korean society. Since its establishment in 1983, KWHL has helped in protecting the rights of women from domestic abuse to sexual violence, human trafficking and supporting the migrant women in the country (Jung, 2013). One of the core mandates of the KWHL is to provide support to the domestic violence victims and build independence while providing the required medical assistance as well. Through the KWHL, the Korean society can recognize the issues of domestic violence as crimes, and the body has assisted in addressing such problems appropriately (Moon, 2011). Through the advocacy of the KWHL, there was the establishment of three laws preventing sexual violence, sex trade, and domestic violence. The KWHL has also organized for the Asian Women’s Network with the mandate to address violence against women as an international issue but not just as a domestic problem. Through concerted efforts, the KWHL is recognized as a nationwide organization with close to 25 branches throughout Korea (Jung, 2013). Each department is actively managed and involved in campaigning and advocating for human rights and form anti-violence movements against both migrant women and the local women. Other critical campaigns on this societal issue are integrated into the legislation as addressed above and state protection.

Level of Internationalism

Domestic violence among migrant women is not just a Korean issue but an issue in the global society. Many countries just like South Korea, experience internal, no wonder the KWHL need the problem addressed as an international issue. Other countries in the Asian continent and the Middle East experience severe cases of domestic violence targeting migrant women. A report by the United Nations High Commissioner for Refugees (UNHCR) indicates that close to 5% of women migrants in Saudi Arabia experience domestic violence which mostly ends up bloody and results in death (Betts, 2013). In the past two years, migration into Europe and the Middle East from Africa reached unprecedented levels. As well known, many migrants seek to escape wars, poverty, ill-treatment and even persecutions in their countries of origin.

Nevertheless, migrants are always victim of torture, sexual and domestic violence when they finally find a landing in any country abroad. Several international bodies have highlighted that the migrants from sub-Saharan Africa are the most vulnerable regarding the sexual violation and domestic abuses (Moon, 2011). Many women from this region are forced into prostitution as a payment method for their migration. When they land in such countries, they are just viewed as house helps for sexual accomplishment and this promotes high levels of sexual harassment and consequently, high rates of domestic violence.

Conclusion and Recommendations on the Next Step

The prosecution department in South Korea must get cases reported for them to act appropriately using the established laws. There is the need for the oppressed migrant women to say any instances of domestic violence without fear. Through this approach, the government will gather evidence on the number of cases of domestic violence received in any given period and the commensurate efforts and resources required in combating the same. The South Korean workforce must be balanced, and the migrant women allowed chances to work in the financial sectors. In this way, they will no longer be viewed as “liabilities” but women of substance to the South Korean economy.

Consequently, the cases of domestic violence equally reduce significantly. The government should establish several divisions which will undoubtedly be in charge of the gender policy issues in all the ministries. The implementation of the gender policy issues will create stability among men and women in the workforce and as a result, there will be a diversified workforce comprised of even migrant women. Some will have enough income to support themselves or their families and evade potable cases of domestic violence from their Korean partners. The society will, therefore, learn that even the migrant women are as talented as the native Korean women in the workforce.

There are several policy recommendations which can help in fixing the domestic violence among the female migrants. The government of South Korea should follow the committee’s recommendation that urges the enactment of the comprehensive anti-discrimination law. However, the law should apply to the domestic violence including hate speeches, discrimination in households and digital sexual abuse and harassment (Craig, 2011). These recommendations should also be made public and easy to access by the members of the public both migrants and native Koreans. Moreover, the government of South Korea should secure a comprehensive budget for the recruitment of the gender-responsive officers and in-depth domestic impact analysis and an assessment on the migrants. There is the need to establish a Gender Equality Committee to the office of the Presidency. The committee should be well-equipped with the means to implement the recommendations from the Gender Equality Committee. The secretariat of the committee should be independent to enable mainstreaming of the policies across all the ministries which are concerned with human rights.

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