Ahn Chang-ho, chairperson of the National Human Rights Commission of Korea (NHRCK), finds himself mired in yet another scandal. Not a stranger to controversy, despite his long career in law, his actions this time around are out of step and inappropriate, especially as uncertainty and turmoil continues pending a decision from the Constitutional Court on whether to uphold the impeachment of President Yoon Suk Yeol.
In his response letter to the Office of the United Nations High Commissioner for Human Rights, which oversees procedural matters for the Global Alliance of National Human Rights Institutions (GANHRI) Sub-Committee on Accreditation (SCA), Ahn cited a public opinion poll claiming that "nearly 50 percent of Koreans do not trust the Constitutional Court." He also said there was a need to restore trust and ensure fairness in the court's processes. The SCA, acting upon a request from 204 Korean civic groups, had asked Ahn about the NHRCK's support for the martial law declaration by opining for Yoon's legal right to defense and the president's right to declare martial law. By citing the "need to ensure fairness," Ahn was referring to how, despite a revision to the Criminal Procedure Act and Yoon's objections, the prosecution investigations were used as evidence in the impeachment trial. The Constitutional Court said that they could be used based on the 2017 precedent.
Ahn also enclosed in his letter the NHRCK's proposal issued in January that recommended Yoon's right to defense should be upheld, with the exclusion of dissenting opinions from the original document. When the letter's content became public, Ahn claimed he had no intention to criticize the Constitutional Court. He also shot down any notion that he would apologize if the letter would lead to a lower standing for the NHRCK following the GANHRI's pending review. He said he acted "based on the truth and spoke out for the human rights of the people." Korea's human rights commission, since its establishment in 2001, has maintained an "A" rating, based on factors such as the independence of the institution, diversity of its members and autonomy in its operations.
Yet, it is difficult to overlook Ahn's apparent alignment with Yoon's legal defense team and his propensity for controversy. Ahn stressed that he does not fully agree with the president's legal team. But when it comes to controversies, the former prosecutor and former Constitutional Court justice has a long track record. When he was appointed last year, Ahn's previous public opposition to the proposed enactment of a comprehensive anti-discrimination bill and the recognition of the legal rights of LGBTQ+ people had prompted protests and doubts whether he can lead the commission in carrying out one of its most important roles, to look into human rights violations and discriminatory practices.
These are trying times in Korean politics and society. A political divide has been heightening in the nation, manifesting in extreme polarity in opinion polls and in street rallies in the wake of the short-lived Dec. 3 imposition of martial law. The Korea Institute for Health and Social Affairs recently announced its findings that the social conflict index as felt by the Korean public recorded its sharpest high last year. The report showed that the conflict index between conservatives and liberals in the nation climbed to 3.52 points in 2024, up from 3.35 points in 2018.
Given such disparity among the electorate as the nation awaits the Constitutional Court's decision on whether to uphold the impeachment, the words and actions of a senior and prominent member of society would have an impact and repercussions. The rights commission chief should well know the weight of his office and stature. He would do well to check his words and actions.