RECOMMENDATIONS
The case for granting refugee status to North Koreans in China is
compelling, but without changes in the policy of the People’s Republic
of China, it is impossible to achieve. Nonetheless, any principled
campaign to protect North Koreans in China has to start with the
objective of convincing China to honor its obligations under the 1951
Refugee Convention and 1967 Protocol and allow UNHCR unimpeded access
to North Koreans to review their overall situation and conduct
individual status determinations, which would likely result in the
granting of refugee status to a significant number of North Koreans.
In the meantime, a practical, near-term protection strategy must first
and foremost seek to establish greater security for North Koreans in
China. China, South Korea, and the United States have policy options
available to them which would significantly enhance the protection of
North Koreans outside their country without jeopardizing regional or
national security.
Refugees International therefore recommends
that:
The
Government of the People’s
Republic of China:
- Take immediate humanitarian steps to
protect North Koreans in China, including halting all deportations of
North Koreans, except for those who commit criminal acts, and granting
legal residence to the spouses of Chinese citizens and their children.
- Take additional steps to normalize the
situation for North Koreans in China, including the granting of
indefinite humanitarian status and providing North Koreans with a
special resident visa if they can demonstrate that they have employment
and shelter.
- Grant a one-time blanket amnesty, with
permission to remain in the country, for all North Koreans in China.
- Fulfill its obligations under the 1951
Convention Related to the Status of Refugees and its 1967 Protocol and
allow the Office of the UN High Commissioner for Refugees unimpeded
access to North Koreans in China to review their overall situation and
conduct individual status determinations. China should abide by all
UNHCR decisions regarding the granting of refugee status.
The Government
of South Korea:
- Become more proactive in protection efforts
for North Korean refugees, engaging with China to allow more North
Koreans to seek asylum legally and making efforts to identify and
protect North Koreans in other Southeast Asia countries. If these
efforts are successful, increase the number of North Koreans accepted
as refugees.
- Recognize that North Korean refugees need
more time to adapt to life in South Korea and provide financial support
to Korean non-governmental organizations for alternative education,
vocational, and life skills programs.
The Government
of the United States:
- In the context of its on-going human rights
dialogue with Beijing, press the Chinese government to adopt measures
to protect North Koreans in China, starting with immediately halting arrests and deportations and granting legal
residence to the spouses of Chinese citizens and their children.
- Quietly appoint a senior retired official
of ambassadorial rank or higher who has credibility with the Chinese
authorities to engage in informal discussions of this issue and convey
consistent messages of concern about the plight of North Koreans in
China.
- Move cautiously to implement the assistance provisions of the North Korean Human Rights Act
of 2004 for North Koreans outside their country, being careful to
ensure that funding is provided on an appropriate scale for the
operating environment in the border region. Avoid support for the
establishment of camps for North Koreans in
China or in neighboring countries.
- Offer technical support to the Government
of South Korea in the area of refugee resettlement and integration. If
the offer is accepted, support technical missions of U.S.
non-governmental organizations with experience resettling isolated
refugee populations.China, South Korea, and the United States have
policy options available to them which would significantly enhance the
protection of North Koreans outside their country without jeopardizing
regional or national security.
The Office of
the UN High Commissioner for Refugees:
- Continue to press the Chinese government to
fulfill its obligations under the 1951 Convention Related to the Status
of Refugees and its 1967 Protocol and allow UNHCR unimpeded access to
North Koreans in China.
- Increase the agency’s public profile on the
issue of protecting North Koreans in China, taking advantage of
opportunities for senior officials to raise concerns regarding
protection and lack of access in UNHCR Standing Committee and Executive
Committee meetings, open forums and the international media.
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