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The Status of North Korean Asylum Seekers and U.S. Government Policy Towards Them

Released by the Bureau of Population, Refugees and Migration
March 11, 2005

Frequently Asked Questions About the Refugee Aspects of the North Korean Human Rights Act

The North Korean Human Rights Act of 2004 (NKHRA), signed by the President on October 18, 2004, seeks to address the serious human rights situation in North Korea and promote durable solutions for refugees, transparency in the provision of humanitarian assistance, a free flow of information, and progress towards peaceful reunification on the Korean peninsula. The Act mandates the appointment of a Special Envoy on Human Rights in North Korea and requests six different reports. On February 22, 2004, the State Department submitted the first of these reports, entitled "The Status of North Korean Asylum Seekers and the U.S. Policy Towards Them."

The following are some frequently asked questions about the refugee-specific aspects of the NKHRA:

1. What is the United States doing to protect and assist North Korean refugees?

The United States has long been concerned about the plight of North Korean refugees. The United States vigorously and consistently urges China to adhere to its international obligations as a party to the 1951 Refugee Convention and its 1967 Protocol by not repatriating North Koreans to the DPRK before allowing the UNHCR access to individual members of this vulnerable population. The United States regularly discusses its concerns with China and other governments as well as with the UNHCR and concerned non-governmental and private groups.

Following the enactment of the NKHRA, U.S. embassies in Asia assessed the feasibility of funding new humanitarian assistance programs for North Koreans and establishing refugee admissions programs. Department of State and Department of Homeland Security representatives recently traveled to East Asia to review issues affecting North Korean refugees. A Special Envoy on Human Rights in North Korea will soon be appointed to coordinate and promote efforts to improve respect for the fundamental human rights of the people of North Korea.

2. What is the purpose of the Act?

The NKHRA seeks to address the serious human rights situation in North Korea, promote durable solutions for refugees, transparency in the provision of humanitarian assistance, a free flow of information, and progress towards peaceful reunification on the Korean peninsula.

3. What access do North Koreans have to the United States refugee admissions program?

Section 303 of the NKHRA provides that the Secretary of State shall "undertake to facilitate the submission of applications" by citizens of North Korea seeking protection as refugees. Currently, the procedures to consider a North Korean national for U.S. resettlement are the same as for nationals from most countries. The U.S. will consider for resettlement any North Korean that the United Nations High Commissioner for Refugees determines is a refugee needing third-country resettlement and refers to the U.S. because the U.S. is the most appropriate resettlement country.

While most North Koreans who seek permanent resettlement will continue to find it in the Republic of Korea, we are currently exploring ways to establish mechanisms through which U.S. agencies would be able to vet North Korean applicants for the U.S. refugee program. The U.S. government will need to be able to complete all processing requirements - including the need for reliable sources of information in order to conduct required background checks on North Korean applicants. If and when new procedures are established for considering North Koreans for U.S. resettlement, the U.S. government will publicize the new guidelines.

4. How are refugees resettled in the United States?

The Department of State?s Bureau of Population, Refugees and Migration (PRM) has cooperative agreements with nine private voluntary agencies and one state government agency to provide initial resettlement services to arriving refugees. These services include housing, furnishing, and food for at least 30 days; referrals to health, employment and other services; airport reception and community orientation. The laws and regulations of each state govern the availability of welfare, Medicaid and other programs.

5. How many North Korean refugees will the United States government resettle and when will that take place?

Every year, the President establishes an overall ceiling and regional sub-ceilings for refugee admissions. There is no pre-determined number of North Koreans (or any other nationality) who will be admitted to the United States through the U.S. refugee program. No determination has yet been made for refugee admissions for FY06.

6. When is a Special Envoy going to be appointed and what will be the responsibilities of the position?

The Department of State expects to name a Special Envoy on Human Rights in North Korea shortly to coordinate and promote efforts to improve respect for the fundamental human rights of the people of North Korea. The Envoy?s mandate will include holding bilateral discussions with the Government of North Korea on human rights, supporting and coordinating international efforts to promote human rights and democracy in North Korea, and consulting with non-governmental organizations that have attempted to address human rights in the DPRK. The NKHRA requires that the Special Envoy issue a report to Congress on his or her activities by April 15, 2005.

7. What reports are required under the NKHRA?

The Act mandates six new reports and requires the State Department to add supplemental information to an existing annual report. Two required reports on the status of North Korean refugees and radio broadcasting in North Korea were submitted to Congress have already been submitted to Congress. Additional reports will cover the activities of the Special Envoy on North Korean Human Rights (due April 15), humanitarian assistance for North Koreans (due April 15), actions to promote freedom of information (due October 18), and North Korean immigration information (due October 18). Information on access to the U.S. for those who have fled countries of particular concern will be added to the annual report to Congress on the President?s Proposal for refugee admissions in the coming fiscal year. This report is normally issued no later than mid-September.