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Long fight for asylum seekers’ rights

March 7, 2012 - 21:25 By Korea Herald
While South Korea is slamming China’s treatment of North Korean refugees, rights workers are calling for more help for international asylum seekers struggling to survive here.

A new law has been set to help the growing number of people seeking refugee status in South Korea, but more support is still needed, refugee rights group NANCEN has said.

The total number of people from countries other than North Korea seeking asylum here reached 3,534 last September, according to the Korea Immigration Service. Only 251 have so far been granted refugee status.

NANCEN refugee center program manager Choi Won-geun said that those stuck in the often years-long application and appeal process could be left destitute.

Asylum seekers here are not allowed to work while their case is being considered, but are not given any financial support from the state.

“Many asylum seekers are suffering economic problems because the Korean government never provides any economic assistance, but they are also prohibited from working to earn their own money. They just have nothing to do in Korea. Just breathe. That’s the only thing they can do,” said Choi.

The non-profit group has welcomed a new refugee act set to come into power in Korea in July 2013, which may offer some social support to asylum seekers while they await a decision on their status.

Choi said that the new law would improve refugees’ situation here, but added that were “some disappointments” in the bill.
NANCEN program manager Choi Won-geun holds up a poster during a previous campaign to support asylum seekers and refugees in Korea. (NANCEN)

For example, he thought a clause on social assistance for asylum seekers refugees did not place enough responsibility on the government to act.

“Whether they provide assistance depends on the will of the Korean government to provide basic living standards for the asylum seekers,” he said, adding that the bill’s wording stated that aid should be provided “as much as they can.”

“That means if there are some exceptional matters, if they are after one year of entering Korea, or if the application seems false ... it is still possible that the Korean government decides not to provide assistance.”

Once enforced, the act should improve application procedures for asylum seekers at airports, with their wait for a decision shortened to within six months. However, this period can be extended for a further six months after that.

The new act also allows for legal assistance, NGO presence, as well as video and audio recording during interviews to prove they are genuine refugees.

Choi said that the law was long overdue as the numbers of people seeking refuge in Korea grew.

“There are more and more people coming to Korea and applying for refugee status,” Choi said. “Some of these asylum seekers think that because this is the home country of U.N. Secretary General Ban Ki-moon that it is easy to get refugee status but when they realize it is extremely difficult, they ask is there any way to go to another country but it is almost impossible by that time.”

While Choi acknowledged that not all applicants were genuine, Korea still had a long way to go to meet its commitments under the U.N. refugee convention it is signed up to.

“Even though we agree that we get some economic migrants applying for refugee status, Korea’s record on refugees is very poor.”

The largest group of asylum seekers to Korea came from Pakistan, with 590 people from there applying for refugee status. The next biggest groups of asylum seekers were 387 from Nepal, 354 from China and 324 from Myanmar. Others seeking refugee status here in large numbers hailed from Sri Lanka, Bangladesh, and some Middle Eastern and African nations.

Choi said that a shift in the way refugee applications were viewed and handled needed to be made in Korea. Currently, less than 10 percent are successfully granted refugee status.

“It is very, very hard to convince the Korean people that these refugees are the people that suffer for their human rights in that way,” he said.

He also criticized the long wait before the new Refugee Law will be enacted. The act was passed in the National Assembly on Dec. 29. The Asia Pacific Refugee Rights Network and other NGOs in Korea have been calling for such a law since 2006.

“I don’t know why they need such a long time to prepare this law. Many asylum seekers are suffering right now in this moment,” Choi added.

However, he thought the new law could only be a step in the right direction: “It will get better because this is the worst situation now.”

By Kirsty Taylor (kirstyt@heraldcorp.com)



NANCEN’s help for refugees

Established in 2009, NANCEN provides legal help, as well as the social and medical assistance to asylum seekers and refugees in Korea. While many government and charitable programs are in place to assist North Korean refugees, Nancen’s main focus is helping refugees from other countries. Aside from North Korean defectors, people from more than 30 countries have applied for refugee status Korea. Nancen helps them access to lawyers willing to offer them pro-bono legal consultation on Korea’s refugee status determination procedures for their application, and appeals if needed, as well as advice on working permits and other issues.

The center in the Garibong-dong area of Guro-gu also offers medical assistance and support for babies including baby milk and nutrition. It hopes to offer basic living expenses, nutrition for adults and some clothing in future.

The organization funded by private donors.

For more information or to donate to NANCEN go to www.nancen.org.