On September 9, the Korea Refugee Rights Network and migrant-rights organizations from across the country held a joint press conference in front of the National Human Rights Commission of Korea (NHRCK) and submitted a formal complaint against the government’s disaster relief payment policy, which discriminates against migrants and refugees.
The respondents named in the complaint are the heads of the ministries responsible for the “COVID-19 Mutual Aid Relief Fund Inter-Agency Task Force”: the Minister of Economy and Finance, the Minister of the Interior and Safety (MOIS), and the Minister of Health and Welfare (MOHW). Seven migrants participated as complainants, including migrant workers, Korean-Chinese nationals, international students, and family members of humanitarian stay holders (G-1). Most of them are enrolled in the national health insurance system. The complainants argue that the government’s disaster relief payment policy violates human rights and fundamental principles, including human dignity and the right to pursue happiness (Article 10 of the Constitution), the right to a life worthy of human beings (Article 34 of the Constitution), and the principle of non-discrimination under international human rights law.
Anyone whose rights guaranteed under Articles 10 through 22 of the Constitution of the Republic of Korea have been violated, or who has been subjected to discriminatory conduct, by a state agency may file a complaint with the NHRCK. Once a complaint is received, it is assigned to an investigator who then conducts an inquiry. If a human rights violation or discriminatory act is found to have occurred, the Commission may recommend to the respondent that remedial measures be taken or that relevant laws, regulations, policies, or practices be corrected or improved. Cases typically take around three months to process.
The complaint submitted on this occasion identifies households with children and refugees as groups requiring special protection of the right to equality. The following section addresses refugees and humanitarian stay holders (G-1).
On November 9, 2020, the NHRCK issued a Statement of Opinion on Improving Discrimination against Foreigners in the Payment of Government Emergency Disaster Relief Funds, in which it expressed to the Minister of the Interior and Safety (MOIS) the view that “when implementing emergency disaster relief fund programs in the context of the COVID-19 disaster situation, refugees who are entitled to treatment equivalent to that of Korean nationals under the Refugee Act and the Convention Relating to the Status of Refugees should be included, and the range of eligible foreign nationals should be expanded by taking into account factors such as length of stay and degree of contribution to the country and society.”
Article 30 of the Refugee Act provides that recognized refugees (F-2-4) staying in the Republic of Korea shall receive treatment in accordance with the Refugee Convention, notwithstanding any other laws. Article 23 of the Convention Relating to the Status of Refugees provides that Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.
The detailed implementation plan for the relief payments at issue excludes from eligibility all persons who have been recognized as refugees or who are undergoing examination for refugee status, including recognized refugees (F-2-4), humanitarian stay holders (G-1), and asylum seekers (refugee applicants). While none of the complainants hold recognized refugee status, we respectfully ask that the Commission take into account the fact that the policy in question has been designed without accepting the Commission’s prior recommendations.
Furthermore, on June 10, 2021, the NHRCK recommended to the Minister of Justice (MOJ) that, in order to improve the human rights of humanitarian stay holders (G-1) residing in Korea, the relevant laws and regulations be amended so that the status and treatment of humanitarian stay holders align with the purpose of subsidiary protection under international norms, and that even prior to such legislative amendment, the relevant guidelines be revised to improve their treatment (Decision 21Policy0018, dated June 10, 2021). That recommendation recognized the need for subsidiary protection for humanitarian stay holders (G-1) and confirmed, in light of decisions and guidelines from UNHCR, the European Union, and various overseas examples, that the direction of policy should move toward guaranteeing those who receive subsidiary protection a stable residence status and treatment as close as possible to that afforded to recognized refugees (F-2-4). Consistent with that reasoning, the relief payments at issue should be extended not only to recognized refugees (F-2-4) but also to humanitarian stay holders (G-1) who fall within the scope of subsidiary protection, as a form of support for the economic hardship caused by the prolonged COVID-19 situation.