03 Joint Efforts Needed to Deal with North Korean Defectors - :: KOREA FOCUS ::

Joint Efforts Needed to Deal with North Korean Defectors - :: KOREA FOCUS ::




Joint Efforts Needed to Deal with North Korean Defectors

Jhe Seong-Ho

Professor of International Law
Chung-Ang University





Of late, a series of incidents has arisen involving ethnic Koreans: professor Song Du-yul, a German national, has been indicted on charges of having conducted pro-North Korean activities after becoming a member of the North Korean Workers Party; a controversy has emerged over an amendment to the Enforcement Decree of the Act on the Immigration and Legal Status of Overseas Koreans; and a lack of practical solutions continues to plague the North Korean defector issue.

As compared to the first two matters, the problem of North Korean refugees appears to be receiving scant attention from the public. The reason for this is the fact that this situation is not a new development. However, in reality this issue has recently come to the forefront. The Korean Embassy in Beijing has recently been forced to suspend its consular services, including the issuance of visas and passports, because of a flood of North Korean defectors. This extraordinary measure was necessary when the embassy officials determined that they could not conduct normal operations due to the entry of some 120 North Korean defectors onto the embassy's grounds, double the facility's capacity.

The Chinese authorities had installed barbed-wire fencing around the Korean consulate compound, contributing to a surge of North Korean defectors with fake certifications of Chinese citizenship. Therefore, it took a long time for Chinese officials to interrogate and process these defectors.

'Quiet Diplomacy'

However, the fundamental problem, as I understand it, is that the embassy has been essentially transformed into a facility that accommodates an inflow of North Korean defectors. The Korean government has sought to address the defector issue through a "quiet diplomacy" approach toward the Chinese government. In essence, rather than seeking to tackle this problem as a human rights issue in accordance with international law, Seoul has pursued an ineffective "indirect approach," involving the adoption of stopgap measures. This flawed policy approach is a primary factor behind the recent suspension of consular activities at the Korean Embassy in Beijing.

Since late 2002, the relative significance of the defector issue has noticeably declined as a growing number of North Korean refugees have successfully entered South Korea as a result of "planned defections" and China's expulsion of North Korean defectors. While the Chinese government has sought to portray its expulsion of North Korean refugees to third countries as a humanitarian gesture pursuant to international law, the reality is that Beijing views its actions as "favors that stem from its generosity." As a result, the human rights of these defectors are not being respected in accordance with international legal principles. Most North Korean refugees, who are in dire need of assistance, are simply treated as illegal aliens.

One of the most serious aspects of the defector issue is the Chinese government's refusal to implement proper procedures to determine whether North Korean defectors should be recognized as refugees under the 1951 United Nations Convention on Refugees. In addition, China also does not allow the United Nations High Commissioner for Refugees (UNHCR) to access or provide support to these refugees. With China being hard-pressed to adopt a more positive stance toward the defector issue, due to its longstanding relationship with North Korea, it is incumbent upon humanitarian relief organizations to actively intervene in this issue.

Six-party Conference

Given the current state of affairs, the Korean government should call on the Chinese government to treat the North Korean defector situation as a basic human rights issue, and a matter of personal freedom and survival. In addition, Seoul must demand that Beijing allow the UNHCR and other international organizations to intervene and come to the aid of people fleeing North Korea. If China chooses to ignore our legitimate request, we will have no other alternative than to pursue solutions that are based on universal values and international law. In particular, we need to promote efforts to address the defector issue through a multilateral approach, which would be free from the constraints of North Korea-China and South Korea-China bilateral diplomacy, while being backed by the international community and in line with the Universal Declaration of Human Rights and the United Nations Conventions and Protocols on Human Rights and Refugees.

In particular, it is imperative for Seoul to urge the UNHCR to arrange a six-party conference on North Korean defectors, which would involve South Korea, the United States, China, Japan, Russia and the UNHCR. This proposed conference would explore initiatives under which assistance could be provided to North Korean refugees, such as the granting of refugee status to defectors and establishment of a refugee camp, including temporary shelter. During this process, the UNHCR's experiences in the resettlement of Vietnamese and Kosovo refugees should be given due attention. Moreover, the Korean government must open an unofficial "dialogue on human rights" with North Korea, in an effort to encourage Pyeongyang to change its policy on defectors.

Under the "North Korean Freedom Act," which is currently pending in the U.S. Congress, North Koreans would be allowed to apply for asylum or refugee status in the United States. This bill also allocates some $200 million of funds by 2006 to provide support for North Korean refugees and promote human rights and democracy in North Korea. This proposal is slated for a vote by Congress in early November.

Resettlement in China

As such, while other countries are moving forward with measures to address the plight of these refugees, our government appears to be more interested in adhering to its original position.

Currently, the Seoul government provides some 37 million won to each North Korean refugee in the form of resettlement and housing assistance. This amount would be of substantial aid to five North Korean refugees who are hiding out in China. Backed by a multilateral arrangement, Seoul should encourage North Korean defectors to resettle in China. At the same time, the Seoul government is urged to launch vigorous diplomatic efforts to induce Japan, Russia, and Mongolia to also accept these refugees. It is regrettable that the Korean Embassy in Beijing has been forced to suspend its consular activities because of China's slow processing of North Korean refugees. In order to prevent the recurrence of such an incident, the government will have to pursue a fundamental solution to the defector issue. To this end, the Korean government will have to engage in serious negotiations with the Chinese government at the earliest possible date.

[The Munhwa Ilbo, October 8, 2003]