July 15, 2008 Hnakuk University of Foreign Studies The Situation of Refugees in Korea & The Korean Civil Society in Action Pill Kyu Hwang Korean Public Interest Lawyers Group GONGGAM

“… ordinary people in extraordinary circumstances…”

Refugees & Asylum Seekers in Korea Amnesty International Report 2006 South Korea - “Refugee recognition procedures lack transparency and fail to take account the threats faced by asylum-seekers.” - “Detention policies for asylum-seekers are vague and arbitrary.” UN Committee on the Elimination of Racial Discrimination 2007 Republic of Korea - “The Committee notes with concern that only a limited number of asylum seekers have been recognized as refugees … due to a complex procedure and long delays in the decision-making process on asylum claims. - “The Committee recommends that the refugee status determination process be carried out in a fair and expeditious manner, that asylum seekers and persons granted humanitarian protection be allowed to work, and that comprehensive measures be adopted in order to facilitate the integration of refugees in Korean society.”

Refugees & Asylum Seekers in Korea Korea ratified the Refugee Convention Korea began to receive refugee claims A Convention refugee is recognized for the first time after Korea was elected as a member state of the UNHCR Executive Committee. As of June 2007 Out of 1,387 asylum-seekers, 62 have been granted refugee status.

Statistics Refugee Status Determination as of June Applicants: 1,387 - Recognized: 62 - Humanitarian Protection Granted : 48 - Rejected: Withdrawn, etc.: Pending in Appeal Procedure: 11 - Pending in Initial Stage: 795

Statistics Applications per year - ’94~’01: : : : : : June 2007: 300 Reasons for applications - Race: Religion: Nationality: 7 - Social Group: Political Opinion: Others: 323

Refugee Status Determination Procedures Submission of application forms Interview and investigation by an immigration official Initial Decision by the Ministry of Justice with the recommendation from the Director General of Immigration Bureau Appeal Decision by the Ministry of Justice with the recommendation from the Refugee Recognition Council

Issues concerning Asylum Seekers Restricted access to application procedure - No information - Difficulties at airports and harbors - Persuasion or force not to make applications - No free legal service for asylum seekers Detention policy for refugee claimants - Stay without permit less than 3 years: Payment of a fine required before submitting an application - Stay without permit more than 3 years: Filing a refugee claim possible only after being detained Rights of refugee claimants - Only the right to stay and no rights to work

Issues concerning Asylum Seekers No fair or transparent refugee status determination system - No standard or period limit for determination procedure - Unfavorable question wording - No independent body - No proper interpretation - No hearing - No reason for decisions given Immigration officials are just emphasizing the possibility of abusing the refugee recognition system by ‘illegal aliens.’

Issues concerning Asylum Seekers - Jurisprudence Refugee Recognition under the Immigration Control Act - Step 1: Identifying a refugee under the Refugee Convention - Step 2: Exercising authorities’ discretion for granting asylum No clear standard concerning burden of proof or ‘degree of proof’: no application of ‘benefit of doubt’ MOJ insisting on lack of ‘good faith’ in every refugee sur place case without exception; Courts denying the requirement of ‘good faith’ but actually applying it in their judgments Criteria for denying refugee status: genuine passports, reason for arriving Korea, economic activities in Korea, timing of submitting refugee claims, family members without persecution in home countries

Rights Refugees Enjoy The Right to stay and work No special measures, treatment of assistance from the government Most difficult things they face: (2004 NGO Survey) - Koreans’ lack of knowledge about refugees - Education - Family reunion - Health care

Discrepancy between the Convention and Domestic Laws Rights provided in Refugee Convention are not granted to refugees in Korea. They are not entitled to public relief and assistance or social security. Nowhere to ask for information and help on social welfare or how to live in Korea

`Bridging the Gap` Korean Civil Society’s Approach(1) NETWORKING NETWORKS - Domestic NGO (Coalitions): NGO Network for Refugees(GONGGAM, PINAN, Amnesty International, etc.); Refugee Lawyers Network(About 20 members); NGOs working for migrants. - Gos and IGOs: National Human Rights Commission(NHRC); UNHCR Seoul Office. - Experts’ Groups: Seoul & Korean Bar Associations; MINBYUN-Lawyers for a Democratic Society; Korean Public Interest Lawyers Group GONGGAM; Academics, etc.

`Bridging the Gap` Korean Civil Society’s Approach(2) MOBILIZING ALL HUMAN RIGHTS TACTICS - Legal Representations at Courts - Submission of Petitions & Advisory Opinions to NHRC - Shadow Reporting & NGO Briefing to the UN Bodies - Drafting & Campaigning for the Enactment of a Refugee Act - Field Research with International and Comparative Law Perspectives - Involvement in Human Rights Reports - Advocacy & Training Workshops for Refugees & NGO Staff - Seeking International Cooperation with Asian & International NGOs

“A society is defined by what it excludes.”