After the military coup in Myanmar on February 1, 2021, the Ministry of Justice of the Republic of Korea announced on March 12 of the same year that it would implement humanitarian special stay measures for approximately 25,000 Myanmarese nationals residing in the country. In response, the Refugee Rights Network welcomed the decision while urging that the same principle be applied consistently to refugees from other countries facing crises.

Background: The Myanmar Coup and Human Rights Crisis

On February 1, 2021, the Myanmar military seized power by rejecting the results of a democratically held election. The military then violently suppressed the many civilians who participated in peaceful protests, causing a rapid rise in casualties. Resistance to the coup drew widespread participation from citizens across Myanmar, including ethnic minorities who had long faced discrimination.

The Korean Government’s March 12 Whole-of-Government Measures

On March 12, the Korean government announced a joint response across relevant ministries.

  • Suspension of military and security cooperation: The Ministry of Foreign Affairs stated it would halt military and security cooperation with the Myanmar military.
  • Participation in international sanctions: Korea agreed to join the international community’s sanctions efforts against the Myanmar military.
  • Humanitarian special stay measures: The Ministry of Justice permitted Myanmarese nationals in Korea to remain in the country starting March 15, until the situation in Myanmar stabilized.

Why This Measure Was Significant

The Refugee Rights Network assessed this measure as an unprecedented and important step forward for three reasons:

  1. Official recognition of a serious human rights crisis: The government directly judged the situation in Myanmar to constitute a humanitarian crisis, and acknowledged that the danger could apply to anyone there, not just specific individuals.
  2. An unprecedented proactive national risk assessment: Even for countries with prolonged conflicts such as Syria and Yemen, collective measures of this kind had never been taken before, making this decision highly unusual.
  3. A clear declaration of solidarity with the people of Myanmar: Rather than stopping at a statement of condemnation, the government took concrete action to directly protect the lives and safety of Myanmarese citizens.

Comparison with the U.S. Temporary Protected Status (TPS)

Korea’s special stay permission shares similarities with the United States’ Temporary Protected Status (TPS) system.

Key milestones in the history of TPS include the following:

  • Approximately 300,000 refugees from more than ten countries, including Haiti, Honduras, Nicaragua, and Syria, have been granted TPS.
  • After a major earthquake in El Salvador in 2001, TPS was extended to approximately 200,000 refugees.
  • The Trump administration (2017-2021) ended TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, leading to significant controversy as immigrants with American spouses and children faced the prospect of forced family separation.
  • As of September 2024, approximately 1.1 million people are covered by TPS.

Remaining Challenges and Future Expectations

While welcoming this measure, the Refugee Rights Network noted that the following improvements were still needed.

Korean Corporate Investment in Myanmar

The whole-of-government measures did not adequately address the issue of Korean corporate investment in Myanmar. This area requires further work, with input from civil society.

Improving the Quality of Refugee Status Determination

In existing refugee status determination procedures, outcomes have sometimes varied depending on the individual examiner’s values or first impressions. The system as a whole needs to be reformed so that country conditions are considered in a professional and objective way.

Guaranteeing Basic Living Standards for Myanmarese on Special Stay

Myanmarese nationals who have received special stay permission should be guaranteed basic living conditions in Korea, including housing, healthcare, and livelihood support, so they can genuinely live with dignity.

Extending the Approach to Other Countries in Crisis

This measure should not remain a one-off response. A policy framework should be established so that similar measures can be applied regularly whenever serious human rights violations occur in other countries.

This statement was published by the Refugee Rights Network on March 14, 2021. For the latest status of special stay permission measures and whether they apply to your specific situation, please contact the Immigration Contact Center (1345) directly or visit your local Korea Immigration Service office.