Korea's refugee system has long way to go

Syrian refugees who depart from Turkish shores land on the Greek island of Lesbos in September 2015. As of April 2017, 1,273 Syrians have sought asylum in South Korea, according to local civic organization the Center for Refugee Rights in South Korea (NANCEN), but most of them end up becoming humanitarian status holders instead of gaining refugee status. / Yonhap

By Choi Ha-young

The picture of Alan Kurdi, a three-year-old Syrian child who drowned to death near Turkish shores in 2015, drew attention in faraway Korea. South Korea enacted its refugee law in 2013, for the first time among Asian countries. However, refugees seeking asylum here should reconsider it, Ali, an alias, a refugee from Iran said in a report recently issued by the Korean Institute of Criminology (KIC).

"One of my colleagues, who campaigned in Iran with me, smoothly got the refugee status in the United Kingdom in 1998 only one year after he applied for it in 1997. Before I managed to get it in 2014, I was rejected once and I had to stay here as an illegal immigrant. Then I was detained for a year in a foreigner detention center while retrying the application. I also underwent three litigations," he was quoted as saying.

A refugee applicant contacted by The Korea Times repeatedly said "It was difficult." The 31-year-old from an African country, who requested anonymity since he is under trial, fled oppression of sexual minorities and arrived at Incheon International Airport Feb. 11, 2015.

"Until March 9, 2015, I was detained in a repatriation center at the airport, where so many people were staying in the same room. Luckily, I met lawyer Lee Il and thanks to his help I could enter Korea," he told The Korea Times.

According to Lee, who works for nonprofit public interest law firm APIL, the applicant is among the luckiest. The refugee law does not provide a process to raise an objection. If they give up an administrative lawsuit, they are forcibly repatriated.

"My life was in danger in the country where I am from. The society and the government were against the LGBT community," the refugee applicant said. "I am very scared to return there. I can never imagine (the situation)."

Entering Korea was just the beginning of his hardship. Even though he "submitted everything possible," his applications have been rejected over and over. Then, he filed an administrative litigation and now he is waiting for a final court ruling. For the past three years, he worked in "very dangerous, dirty and hot factories" to make a living. Asked about his plan if he loses the trial, he said he will "again apply for the refugee status."

Experts said such a "vicious circle" results in overall degradation of the refugee determination process. A number of cases are reapplied to the Ministry of Justice. Judges who are required to review their applications are overworked, which means they don't have enough time to look into each case ― this explains why the 31-year-old refugee kept being rejected.

As a result, only 121 out of 9,942 applicants gained refugee status in 2017, or 1.21 percent, lower than 1.29 percent in 2016 and 1.83 percent in 2015, according to the ministry's data obtained through Rep. Hong Il-pyo of the Liberty Korea Party.

Structural problems

What make things tricky are deep-rooted structural problems of the determination process. Those who want to stay here as refugees should apply for the status through local immigration offices under the justice ministry.

The first problem they face is language barrier. At the Seoul Immigration Office, there are only two translators ― one for Arabic and one for English ― which means those from China or Southeast Asian countries must hire private translators.

Recording of face-to-face interviews is another controversial issue. Video recording of interviews is necessary to prevent clumsy translation and distortion, but the ministry has not fully equipped its recording facilities, according to the data obtained through Rep. Hong. At the local immigration offices throughout the nation, there are only 20 recording facilities. "We are planning to purchase upgraded facilities within February, since existing ones keep breaking down," the ministry said in the document.

Kim Dae-keun, a research fellow of the KIC, emphasized the importance of the first interview. "If officials fail to figure out the applicants' narratives to justify their refugee status, the applicants rarely have a chance to reverse the decision," Kim said.

The biggest hurdle for each judge is lack of information about the countries where the applicants are from, said Kim, who wrote the report published by the KIC. For example, a judge should grasp comprehensive dynamics of internal disturbance in a country ― power structure, dictatorship, ruling tribe, biased media and gender issues. "Google research is never enough," Kim said. "The ministry should build an archive to follow up disturbances that cause refugees."

Language becomes a problem again for applicants when their refugee status is dismissed. The notification is only translated to English. Many refugees do not understand why they are rejected, which renders them to appeal the decision. Then, cases are designated to a "Refugee Committee" under the ministry.

The problem is the committee only meets once every two months. "I agree government officials at the committee work very hard. But it impossible to handle the appeal cases meticulously," Lee said.

Therefore, the committee officials tend to only review the interview materials produced in the first screening process. The applicants are not requested to do additional interviews, and this is not so different if they protest the committee's decision and choose to file an administrative litigation.

Real refugees?

The ministry and civic activists have fundamental different approaches to the refugee issue. As seen in ministry officials' media interviews and their presentations in conferences, they use the term "real refugee," implying many refugee applicants flocking to South Korea are "fake refugees."

"Compared to European countries, those coming to Korea apply for the refugee status citing private disputes in their countries, such as debts, conflict within family, disputes over inheritance," the ministry spokesperson said in an email interview.

This is true, several reports show. Last December, the Jeju District Court sentenced two "refugee brokers" to one year and 10 months respectively, for illegally arranging refugee applications for Chinese. They could extend their stay on the island, since refugee applicants are entitled to do so.

Lee, who has long advocated for refugees, said that's not all though. "Surely, there are some people without proper reason for application. Still, a 1 percent approval rate is too low," Lee said. The lawyer views some "private reasons" could be enough for recognition as a refugee.

"For example, domestic violence could be a reason for application, if the crime goes unpunished in the country. Those who suffer oppression due to their gender or sexual identity are rarely accepted as refugees as well," Lee said.

In January, the Supreme Court ruled against a bisexual refugee from Uganda. The Ugandan filed an administrative lawsuit against Seoul Immigration Office's refusal of her refugee status, but the court said her testimony "lacks credibility."

"Sexual minority refugees are forced to testify their most private things including their experience of having sex. Among numerous questions, the authorities take issue with contradictions in peripheral remarks," Lee Na-ra, activist for LGBT Human Rights of Korea, wrote in her column, Jan. 15.

A refugee family from Syria, who arrived in South Korea through Europe, waits for entrance approval from the Ministry of Justice at Incheon International Airport in November 2015. Since the start of the civil war, as many as 11 million Syrians are estimated to have fled their homes. / Korea Times photo by Hong In-ki

Humanitarian status holders

There are group of people called "humanitarian status holders," who are in between those who got the refugee status and those who are forced to return home. According to the data obtained by Rep. Hong, the number of humanitarian status holders tends to grow ― 318 in 2017, 246 in 2016, 194 in 2015, 539 in 2014, six in 2013. For the last 10 years, 1,425 people have gained the status.

FOr years, Syrian refugees have "automatically" gained the status, rather than being recognized as refugees, lawyer Lee said. "According to the ministry's criteria, people who fled war are not refugees. However, most of them ― conscientious objectors, women and sexual minorities ― could be viewed as refugees in a broad sense."

Activists believe the government tries not to endorse them as refugees, since the status involves living expenses and health insurance. They can also invite their families to Korea, which can snowball the number of refugees.

Lee urged the authorities to find out ways to protect these people, who are unprotected by social security networks. "Most of them are planning to settle down here. Even though the Syrian War will end in the future, it's hard to ensure their stable life there," Lee noted.

In August 2016, Rep. Hong Ihk-pyo of the Democratic Party of Korea submitted a bill to provide them social security service including health insurance. However, the bill is stuck in the National Assembly's Legislation and Judiciary Committee without further progress.

"The Constitution ensures human rights for foreigners. If they are not allowed to enroll for public health insurance, they are inevitably isolated from human rights," Rep. Hong Ihk-pyo said. "I look forward to passing the bill."

In tackling the refugee issue, the largest obstacle is "budget" as the ministry said. Perceptions of and hatred of Islam is another hurdle. "It will take time for Koreans to feel friendly to refugees. It's a tricky issue in a single-race society where most people do not have foreign friends. As refugees settle down here, form families and their children go to school, I think they will be emotionally accepted," Lee said.

Still, government has to take an initiative in persuading citizens, Kim noted. "In the long term, Korea should consider becoming a multiracial society. It should expand the criteria of refugees in line with international standards. For example, those who are displaced by climate change are globally recognized as refugee," Kim said.

"Fundamentally, human rights or protection for social minorities are not an issue of forming public consensus. The government should not sit idle, simply waiting for social consensus."