Pill Kyu Hwang Korean Public Interest Lawyers Group GONGGAM

The United Nation Korean Reconstruction Agency (UNKRA: ) - Established in 1950 in order to undertake relief and rehabilitation programs in Korea - Ceased operating in 1959, & liquidation completed in Political Asylum Seekers (1960s ~ 1980s) - Pilots from China (PRC) sent to Taiwan in 1961, 1982, 1983, 1985 & Asylum seekers in Panmunjom sent to the U.S. in 1981, 1984 & 1989 (with the UNHCR intervention) Vietnamese Refugees (1975 ~ 1993) - 3,000 Vietnamese refugees received from 1975 to By 1993, 2,400 resettled in the U.S., New Zealand, Canada, France, the Netherlands, etc.; 600 settled in South Korea; & the relief center closed Refugee Issues in South Korea Before the Ratification of the Refugee Convention

The motion regarding the ratification of the Refugee Protocol in Submitted by the Government in Discussed in the Committee on Foreign Affairs of the National Assembly in Abandoned with the term expiration of the MPs in 1988 The motion regarding the ratification of the Refugee Convention & Protocol in Submitted by the Government on 2 July Adopted by the Committee on Foreign Affairs and Unification of the National Assembly on 2 November Adopted by the Plenary Session of the National Assembly on 11 November 1992 (with the reservation on Article 7) - The Immigration Control Act revised on 10 December 1993 Towards the Ratification of the Refugee Convention

General Procedure for Refugee Recognition: 1 st Decision: Minister of Justice ( Appeal : Minister of Justice (Review Committee) Seoul Administrative Court Seoul High Court Supreme Court ) Ministry of Justice Statistics Overview of Refugee Situation in South Korea ‘94‘95‘96‘97‘98‘99‘00‘01‘02‘03‘04‘05‘06‘07‘08‘09 신청 수 ApplicantsRecognizedGranted Humanitarian Status RejectedWithdrawnPending 2009 년 12 월 31 일 현재 수 2, ,

UN Committee on Economic, Social & Cultural Rights (2009) “The Committee recommends … (a) providing the adequate resources …; (b) standardizing asylum procedures …” UN Human Rights Council Universal Periodic Review (2008) Korea is recommended “to implement the Refugee Convention, and ensure that refugee recognition procedures be improved in line with international refugee law.” UN Committee on the Elimination of Racial Discrimination (2007) - “The Committee notes with concern … a complex procedure and long delays in the decision-making process on asylum claims.” - “The Committee recommends … 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.” UN Recommendations on Refugee Situation in South Korea

Asylum Seeker Registration (~2004) - UNHCR in cooperation with Minbyun–Lawyers for a Democratic Society Survey on the Human Rights Condition of Asylum Seekers & Refugees (2004) - Good Friends, Minbyun–Lawyers for a Democratic Society & The Refuge PNAN Parliamentary Human Rights Forum on the Refugee Situation & the Reform of the Refugee System (2005) National Human Rights Commission Public Hearing & Recommendation on Refugee Protection (2005 & 2006) Formation of Refugee NGO Network & Initial Research and Forum on the Enactment of a New Refugee Act (2006~2007) - The Refugee PNAN, Amnesty International, GONGGAM & some individuals Initial Work by the Civil Society for Refugee Protection (~2007)

Preparation of a draft bill (2008~2009) - Forum for Refugee Policy Reform (The Refuge PNAN, NANCEN, CLF, BKL Pro Bono Committee, GONGGAM, Amnesty International and some individuals with the UNHCR and the NHRI as observers) Field research on human rights situation of refugees (2008) - Forum for Refugee Policy Reform supported by the NHRI Public hearings (2008) - By Seoul Bar Association & Parliamentary Human Rights Forum Formal legislation petition of the draft bill (2009) - By Seoul Bar Association in March 2009 Introduction of the draft bill to the National Assembly on 25 May 2009 by 24 MPs Civil Society Initiative towards a New Refugee Act (2008~2010)

Legal assistance for asylum seeker started by Minbyun and PNAN (1999~) Legal representation actively provided by CLF & GONGGAM (2005~) - CLF: 10 lawyers cases / GONGGAM 3 lawyers (concluded) cases Lawyers’ Group for Legal Assistance for Refugees, Seoul Bar Association (2009~) - 50 lawyers 150 cases BKL Pro Bono Committee (2009~) - 10 lawyers cases PNAN, NANCEN, Global Legal Clinic of the Korea University, Legal Aid Corporation, etc. providing legal assistance FUNDING: UNHCR, Korean Bar Foundation, Legal Aid by Court, etc. Legal Assistance for Asylum Seekers (1999~2010)

Recent Revision of the Immigration Control Act in Dec Time limit for filing an appeal: 7days 14 days after being rejected “Government shall make efforts to ensure that recognized refugees be guaranteed the status and treatment stipulated in the Refugee Convention.” Explicit provision of humanitarian stay permit Possible work permit for refugee claimants after 1 year from application and those granted humanitarian stay permit Possible refugee assistance facilities – Korean language education & career counseling; Social adaptation training & settlement assistance; Medical assistance; and Others needed for assistance The principle of reciprocity not applied to refugees

General - Explicit provision of the definition of refugees, refugee claimants & humanitarian stay permit - Principle of non-refoulement without exception Substantive Rights of Refugee Claimants - Explicit provision of residence status of refugee claimants - Guarantee of decent living for refugee claimants: living allowances/work permit Contents of the Draft Bill of Act on the Status and Treatment of Refugees, etc.

Procedural Rights of Refugee Claimants - Procedural Guarantees: Access to information; Refugee claim procedures at ports; Limited review period; Right to counsel; Lowered burden and standard of proof; Restricted detention; Right to oral statement in appeals; Independent appeal body; Same procedural guarantees for humanitarian stay permit Rights of Recognized Refugees - Protection of refugee rights stipulated in the Refugee Convention - Provision of family reunification & possible resettlement - Same treatment as refugees for those granted humanitarian stay permit except for immigration control - Contents of the Draft Bill of Act on the Status and Treatment of Refugees, etc.

Recent Development after the Introduction of the Refugee Bill Meeting with the expert within the National Assembly in charge of writing the expert opinion on the Refugee Bill (with the UNHCR) Legislation & Judiciary Committee on 11 Nov Need for 1) a through review regarding the possibility of mass influx of refugees & economic migrants and 2) a public hearing expressed by the expert Meeting with 4 MPs mostly in the Legislation & Judiciary Committee (with the UNHCR & a New Zealand Refugee Tribunal Judge) 1 st Sub-Committee on Bill Examination of the Legislation & Judiciary Committee on 5 April Concerns raised regarding 1) mass influx of refugees & economic migrants and 2) increased legal & economic burden of the Government - Consensus reached on the need for a new refugee act & a public hearing

Challenges Ahead & Need for a More Systemized Approach by Civil Society Making the new Refugee Act more than a mere decorative or declaratory legislation Overcoming the fear of the possibility of mass influx of refugees & economic migrants & increased legal & economic burden of the Government Mobilizing a more systemized & focused approach towards the enactment of the new refugee act starting with the preparation of the National Assembly public hearing