Gloomy Status of Asylum-Seekers in S. Korea
By Nay Naing/Tin Maung Htoo
Burma Media Association
August 27, 2001
Seoul--The status of Burmese asylum-seekers, along with others, in South Korea is still under uncertain condition although a call for a better protection and promotion of asylum seekers on the recent 50th anniversary of United Nations High Commissioner for Refugees (UNHCR). South Korea signed the 1952 United Nations refugee convention in 1992 and amended its immigration law in 1994 to permit individuals to file asylum claims. However, various reports say the government has not approved any asylum claims yet despite over a hundred foreigners including 21 Burmese have applied for refugee status.
"Since it signed the UN Refugee Convention in 1992, the South Korean government had not granted refugee status to asylum-seekers from any country other than North Korea. " said in the Amnesty International 2001 report. However, a recent report from South Korea indicated that the government granted the refugee status for the first asylum-seeker from Ethiopia, and North Korean do not require applying for asylum although a few steps needed in order to ensure those defectors are not spies from North Korea.
Amnesty noted in its report that the government allowed 28 Burmese asylum-seekers [but Korea Immigration and Burmese sources said 21 Burmese], most of which are members of National League for Democracy (Korea Branch), to submit their applications for consideration in what it called is an unprecedented decision of the government. The Korean Justice Ministry in May 2000 announced that it would screen Burmese asylum seekers to determine whether to grant them refugee status. However, no immediate news of rejection or withdrawal has been reported so far while 45 persons are said to have their applications rejected and 11 withdrawn. The remaining 47 including 28 Burmese are supposed to be still under screening procedures.
During then, U.S Committee for Refugees said the Korea government deported two applicants during 2000: a Pakistani and Congolese. One was reasoned for the medical problem and the other was deported without even knowing the Immigration Office that he had applied for asylum status. Amnesty also voiced out its concern for asylum-seekers, saying they have well founded fears as they could be deported to countries where they risk grave human rights violations. Amnesty also criticized the asylum determination process as being weighted against the applicants with inadequate interpretation facilities during interviews and no support for asylum-seekers while they await the decision. As a result of this, Korea Lawyers for a Democratic Society launched Korea's first legal aid committee for refugees on June 20.
"The committee will closely cooperate with the UNHCR and other international NGOs to help improve the status of international refugees while to encourage the Seoul government to take more positive attitude towards granting refugee status to foreigners," said Mr. Park Chan-Un who serves as chairman of the legal aid body. He added that the committee would provide legal and other necessary services, including translation for foreign refugees in a more systematic and professional manner. The group is reportedly serving as the sole implementation partner of UNHCR.
Meanwhile, sources said a meeting was taken place between Burmese asylum-seekers and the Committee on July 20, and committee members queried the current obstacles of Burmese activists and sought to learn the status of the Burmese activists who have resettled in other countries. "It will be very useful for us, if our friends, from around the world, provide the information about their legal status. So that, we can urge Korean Society to more understand and support for this issue," said a Burmese activist who is seeking asylum there.
Under the Immigration Law, asylum seekers are required to apply for refugee status within 60 days after their arrival in the country; but according to the sources none of the Burmese meet this requirement. But asylum advocate organizations blame this requirement as an infringement to the 1954 refugee convention. The founding mandate of UNHCR defines refugees as persons who are outside their country and cannot return owing to a well-founded fear of persecution because of their race, religion, nationality, political opinion or membership of a particular social group. However, there is no such restriction mentioned on its accord. Advocate groups pointed out that North America countries and other European countries do not impose this kind of restriction on asylum-seekers.
The U.S Committee for refugees said South Korea ranks the lowest among the countries in the world in the ratio of population to refugees, citing the statistics of UNHCR, in terms of various restrictions upon asylum-seekers. However, UNHCR commissioner Ruud Lubbers, the successor of Mrs. Sadako Ogata, said that they launched Global Consultations. "The Consultations will seek to renew the commitment of States to the 1951 Refugee Convention - in its 50th Anniversary year - and also to develop new tools, approaches and standards to ensure its continued vitality and relevance for the future," Mr. Rudd Lubbers said during 50th anniversary of its inception.