[imText1]Jay Lefkowitz, the US special envoy for human rights in North Korea, recently stated that actions will be taken about the refugee asylums for the North Korean refugees as articulated in the North Korean Human Rights Act.
It was reported by the South Korean media that when a South Korean government official, during his visit to the US, asked Lefkowitz whether the US is ready to accept the North Korean defectors as stated in the North Korean Human Rights Act, Lefkowitz replied, “We will take actions this year so implementation of what is written in the act can take place.”
The US North Korean Human Rights Act passed in October 2004 states for the “protection of the North Korean refugees”: ▲ The Secretary of State must submit a report to Congress about the North Korean refugee situation within 120 days after the Act is enforced ▲ Allow North Korean defectors to enter in the US ▲ Take actions to urge the UNHCR to regard the North Korean defectors as “refugees.”
However, it has been a year and half since the Act was enacted and there have not been any specific actions taken by the US government to accept the North Korean defectors. The South Korean human rights organizations also criticize that while the US condemns the North Korean human rights issues, it provides no refuge for the defectors.
The North Korean Human Rights Act, Not a Single North Korean Gained Refugee Status
According to the report submitted to Congress under the obligation of article 305 of the Act, which states the US State Department and the US Department of Homeland Security must submit a report about the number of the North Koreans who requested for and had earned refugee status every fiscal year, until 2005, although the number of North Koreans who had requested refugee status was 13, none were granted refugee status. Even when the settlement was made due to political defection, only 9 cases were accepted between the years 2002 and 2004.
The reason why the US is having difficulties accepting the North Koreans is due to China and other neighboring countries of North Korea that are concerned about a “magnet effect.”
The report by the US US Department of Homeland Security stated that although many countries welcome the US accepting refugees, some of the countries oppose to developed countries accepting refugees because of a concern of a magnet effect, increasing the possibility of mass transit of economic migrants into the accepting countries.
Although the names of the countries were not specified, it seems that considering most of the North Korean defectors are located in China, such “some countries” indicate China.
Furthermore, after the Act entered into force, the US government and the UNHCR had been under discussion, but the representatives of the related country believe that the most agreeable situation is that the defectors be granted citizenship in South Korea and resettle there, although it is considered the unofficial way.
Mr. Eric John of the Bureau of East Asia & Pacific, US Department of State, at the US Lower House international relations committee hearing last September, said, “UNHCR cannot consider the North Korean defectors as refugees due to the fact that they are right to be granted of citizenship in South Korea. For this reason the North Korean defectors cannot resettle in the States, where the offical process is to go through the UN.”
Furthermore, the intensified US Immigration and Nationality Act after the 9/11 terror attack poses another difficulty for the North Koreans to be able to earn refugee status. South Korea, which seems to be the best resettlement place for the North Korean defectors, has now become an obstacle for them to receive refugee status, whose suffering does not fit into the definition of refugees, which articulates being “unable or unwilling to avail himself/herself to the protection of that country, or to return there, for fear of persecution.” This may further raise a fairness and balance problem in dealing with refugees from other countries.
Is Refugee Asylum for the North Korean Defectors a Possibility?
According to the documents produced last March by the office dealing with the refugee issues in the US State Department, the nationals of North Korea must also go through the same refugee status application process as any other refugee from foreign countries seeking refuge in the US. If North Korean refugees in other countries desired to resettle in the US, their application can only be filed after they go through a process of verification by UNHCR. However, since the Chinese government arrests and repatriates the North Korean defectors, it is difficult for the defectors to even reach the UNHCR office.
Last September, according to the US Immigration and Nationality Act submitted to the US Congress, the US government allotted 200 persons for the entire area of East Asia for the “Priority 3” category under the plan for refugee acceptance for the fiscal year 2006. (In the US’s case, those refugees who have families in the US are processed first.”
Accordingly, among the three categories under which the North Korean refugees will be processed are as such; those who are in need of serious protection are “Priority 1,” those who have families in the US are considered “Priority 3” (family reunion) except for those who are already considered as Priority 1, and “Priority 2” are those considered as group refugees.
For the case of Priority 3, family reunion, it seems that the number of defectors who will benefit under this category will remain at a minimum because the category states, “spouses, unmarried children under the age of 21 or parents of those who have US citizenship, residency, or those who have already been granted refugee or defector status.”
Under such conditions, it calls into question how the US administration will simplify the process and take actions to ease the process to provide refuge to the North Korean defectors. Many are laying their eyes on Jay Lefkowitz for his activities this year.
Yet, considering an increase in the cases of North Korean defectors attempting to illegally migrate to Canada and Latin American after the US North Korean Human Rights Act entered into force, it is expected that after the US government announces a new policy to accept the North Korean defectors, a mass number of the North Korean defectors will in fact change their destination to the US.
