Migration and Multicultural Policy in Korea NHRCK RI Seok-jun

Introduction The Constitution of the Republic of Korea (Article 6(2)) provides that the status of foreigners is guaranteed in compliance with international laws and treaties. The National Human Rights Commission Act (Article 4) provides for the scope of its application by stipulating that it shall be applicable to nationals of the Republic of Korea and foreigners in its territory. The Act stipulates that the government is obligated to protect foreigners residing in the country and also guarantee their rights.

The Korean government has improved its legal and institutional systems in order to integrate migrants, especially international marriage couples and biracial people into Korean society such as implementation and legislation of support for multicultural family, foreigners who are lawfully residing in Korea.

However, migrant workers, particularly undocumented migrant workers and their family members are still facing limitations on their basic rights and excluded from multicultural policy of Korean government.

International Standards Korea has ratified a range of key international human rights and labor treaties which provide that the rights of all migrant workers, regardless of their legal status, should be promoted and respected. However it has yet to sign the International Convention on the Protection of the Rights off All Migrant Workers and Members of Their Families members.

Racial discrimination Discrimination against Koreans who are born from inter-ethnic unions has been social issue for many years. The Committee on the Elimination of Racial Discrimination recommended to the Korean government in 2007 to adopt appropriate measures in the fields of education to recognize the multi-ethnic character of contemporary Korean society and overcome the image of Korea as an ethnically homogeneous country.

Migrant Workers The Industrial Trainee System which has had limitation in ensuring basic labor rights was abolished and the Employment Permit System(EPS) has introduced in August 2004.

Migrant workers are not allowed to change categories of industries and given limited number of change of workplaces within one industry, which are the major human rights issues with the EPS. And the change of work place can be possible when the employer agree with the change.

Irregular migrant workers Irregular migrant workers are vulnerable in overdue payment, inequality in working condition, seizure of passport by employer, etc. Human rights violation in the process of the arrest, detention and deportation by immigration officers has been reported continuously.

The human rights of migrant workers are being violated for such reasons as unreasonable crackdown on undocumented migrant workers including excessive use of restraining devices and their long-term detention at a foreigner internment camp under an internment order.

The effort to prevent industrial accident remains at an unsatisfactory level due to lack of safety education for migrant workers.

Families of Migrant Workers Migrant workers who serve as unskilled workers cannot be accompanied by their family members even if they stay in the country lawfully. Accordingly, it is impossible for them to receive any child care and medical assistance for their family from their employers

Health right When a migrant doesn’t have valid sojourning status, it is not possible to join the National Health Care System. undocumented migrants and their children have difficulties in receiving proper daily medical care.

Right to education of children The undocumented migrant children have right to receive public education thanks to the revision of the Enforcement Decree of the Elementary and Secondary Education Act. However the admission of the children is under the discretion of the dean of school.

Migrant Women There exists a lack of systems to prevent human rights violations against migrant women including trafficking, forced prostitution and detention and to seek remedies for victims. Migrant women suffer from cultural differences and communication problems. In severe cases, their basic human rights are violated as a result of domestic violence.

Some migrant women who enter into Korea to work particularly in entertainment industry or to be married to Koreans become victims of trafficking and forced prostitution. According to a statistics by the National Human Rights Commission in 2002, 12.5% of female migrant workers have experience of being victims of sexual violence or harassment.

Refugees As of May 2008, among 1,951 applicants the process has finalized with 723 persons and there have been 76 persons who are finally recognized as refugee and 55 granted humanitarian status in Korea. Currently the cases of 1,228 applicants are still pending.

Asylum seekers are not allowed to be legally employed, nor given economic assistance from the government until they are acknowledged as refugees, This situation makes it difficult for them to sustain their livelihood.

Future task Protection from the violation of human rights - compliance with due process during crackdown Establishment of infrastructure of multi racial and cultural society - promote educational programs and materials for the human rights friendly -environment - ensure that children of migrants should be properly educated as a member of Korean society - promote research migration in multicultural society in light of human rights

Establishment of legislative and institutional groundwork - enactment of comprehensive law for migrants, setting up the service system for migrants and the cooperation with local government - Encouragement to play a coordinated role in the development of national legislation in accordance with international human rights standards