Hello, Welcome to MAP’s Refugee News! Recently, the National Human Rights Commission of Korea recommended that the Ministry of Justice guarantee the right to family reunification for humanitarian status holders in Korea. Check the details below.
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Guaranteeing the Right to Family Reunification for humanitarian status holders in
Recommendation to the Minister of Justice for amending the Refugee Act
On October 14, 2024, the National Human Rights Commission of Korea suggested to the Minister of Justice to revise the Refugee Act to allow humanitarian status holders to reunite with their families.
* Family reunification means the right to live together with one’s family.
The petitioner is an activist from a refugee support organization, and the victims are humanitarian status holders in Korea. The petitioner filed a complaint with the National Human Rights Commission of Korea, arguing that the lack of recognition for family reunification rights for humanitarian status holders constitutes a violation of their human rights.
The National Human Rights Commission’s Second Committee for Remedy of Discrimination (Subcommittee Chair: Choong-sang Lee, Standing Commissioner) decided not to investigate this complaint. They concluded that the issue requires legislative action rather than an investigation by the Commission, in accordance with Article 32, Paragraph 1, Item 1 of the National Human Rights Commission Act.
However, humanitarian status holders in Korea cannot return to their home countries and are required to live in Korea for an extended period. Despite this, they must live apart from their families. Recognizing the need to address this issue, the National Human Rights Commission reviewed related policies and systems to identify areas for improvement from the perspective of protecting and promoting human rights, in accordance with Article 19, Clause 1, and Article 25, Paragraph 1 of the National Human Rights Commission Act.
Under Article 2, Clause 3 of the Refugee Act, a “humanitarian status holders” is someone who doesn’t qualify as a refugee but has valid reasons to believe they would face serious danger, like torture, inhumane treatment, or punishment, if they returned to their home country. These individuals are allowed to stay in Korea with approval from the Minister of Justice, based on rules set by the government.
The Ministry of Justice’s Monthly Immigration Statistics categorizes humanitarian status holders and recognized refugees together under the label “Refugee Recognition(Protection)”.
The term “humanitarian status holders permit” is classified as “complementary protection” under the international standards and foreign examples. Different countries refer to it as complementary protection, subsidiary protection, or similar terms.
Complementary protection is based on international agreements such as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights. It refers to the protection granted to individuals who are not recognized as refugees under the 1951 Refugee Convention or the Korean Refugee Act, but still need protection. This includes people who do not meet the five grounds for refugee status (such as victims of civil war) but still face serious threats to their safety.
Here, “complementary” means expanding and strengthening the scope of protection, not that the need for protection is less important.
Humanitarian status holders are likely to stay in Korea for a long time or even permanently, as it is difficult for them to return to their home countries due to long-lasting civil wars or human rights violations. However, the current Refugee Act allows only recognized refugees to bring their spouse or adult children to Korea, and there are no ways for humanitarian status holders to invite their family members from their home country or other countries.
Not being with your family means you can’t support, care for, or help them, and you can’t make plans for the future together. This makes it difficult to live a dignified life.
International organizations recognize family unity as a basic right for everyone. The Universal Declaration of Human Rights and key international human rights treaties view the family as the basic unit of society and state that it should be protected. South Korea’s Constitution (Article 36, Clause 1) also guarantees the right to family life as a fundamental right.
Humanitarian status holders are likely to stay in Korea for a long time or permanently because it is difficult for them to return to their home countries due to ongoing civil wars or human rights violations. However, since Article 37 of the Refugee Act (which allows refugees to bring their spouse or family members to Korea) only applies to refugees, humanitarian status holders face difficulties in living with their families. Therefore, in line with the purpose of complementary protection, they should also be able to plan a stable life in Korea by being granted family reunification rights similar to those of recognizing refugees.
The National Human Rights Commission of Korea said that the Minister of Justice should ensure that humanitarian status holders in Korea are treated the same as refugees so they can live stable lives. They also stated that everyone should have the right to family life without discrimination, and that the Refugee Act should be amended to allow humanitarian status holders to reunite with their families.