Korean Activities for the Protection of Immigrant Child Rights

Korean Activities for the Protection of Immigrant Child Rights

韓国への移民の子どもの権利支援活動

Rev. Chun-Eung Park

Director, Ansan Foreign Workers’ Center

アンサン移民シェルター　牧師　チェオン・イング

Activities for the protection of child rights in immigrant families are gaining ground in Korea. At the beginning of the works toward child rights, many human rights organizations in Korea did not even fully understand what child rights were. This is due to the fact that, in the past, human rights activities for immigrant families in Korea have been carried on with adults as the objective. Under these circumstances, activities toward child rights in immigrant families were very lacking. However, nowadays, an active effort has started to ensure children’s rights, especially those of immigrant children, by professional activists and organizations.

This paper seeks to present the status of child rights in immigrant families and propose a course of action, as well as evaluating the degree of execution of the terms of the United Nations Convention on the Rights of the Child in Korea. Additionally, it presents the current efforts toward immigrant child rights being made by civilian organizations, and puts forth an opinion on the creation of laws for the protection of immigrant child rights.

1. The Conditions of Immigrant Children

1) The problem of child regulation

Parents of immigrant children have been subject to expulsion from the country after being caught in regulations governing the education of their children. Nobin Bi (7 years old) is a student in the first grade at Wonil Elementary School since March 2006. He is learning in a special course prepared by the Kyunggi Department of Education. However, as he was returning home with his father, his father Yamuna (37 years old) was detained by immigration officers. The principal of the elementary school, who was very involved and interested in immigrant children education, became very anxious. Children became afraid of going to school, and many considered the option of stopping their school life.

First, a guarantee for legal status must be provided to children born in Korea, as well as immigrant children. Young Gwang Hah is a child born December 26, 2000, in Korea. His parents were illegal aliens in Korea, and he inherited that status. His family was always in an unstable status due to economic and legal difficulties, but was happy nevertheless. Young Gwang Hah looked different than Korean children, but he liked kimchi and got along well with Korean children. He said that he liked Korea better than his parents’ home country, Sri Lanka, and he would ask his parents, “Mom, I don’t want to go to Sri Lanka! I like Korea! I have many friends here!” through tears. With the principle of jus sanguinis, the problem of immigrant children education cannot be resolved.

2) The problem of statelessness

If a Congo couple has a child in Korea, they cannot obtain nationality in their own Congo, as well as in Korea, becoming, therefore, effectively stateless.

In a couple in a common-law relationship, the man was declared missing, and the mother, who was an illegal alien, left the child in a caring home and went to work, but became expelled. The mom has trouble reentering the country, and the child is currently staying at the caring home for more than a year, without a nationality, as an illegal alien.

The law in Korea is following the jus sanguinis principle. Children born to non-Korean immigrant workers are not awarded Korean citizenship even if they were born in Korean soil. Subsequently, if the immigrant workers’ home country follows a jus soli principle, the child becomes stateless.

The law must be changed to accommodate jus soli and jus sanguinis principles, and to include underage children in the application process for permanent residency.

3) The Right to an Education

In Korea, immigrant children are entitled to education, in accordance to the United Nations Convention on the Rights of the Child. However, without the protection of their guardians, children cannot, in effect, receive an education. Mongol children Tool and Bayagal’s father was restrained in Incheon. As the father became expelled from the country, the children fell into a dilemma on how they could continue attending the school they had attended for the past 3 years.

Presently, more than 20,000 immigrant children are staying in Korea, and only a few of them are receiving the benefits of school education. If parents become regulated, children experience a critical point in their education. As parents are regulated, children fall in lack of guardianship and economic need, and effectively lose their right to a proper education. Taking these points in mind, the government does not regulate children during their school education. However, when the school term ends, they are again subject to regulation, and so their insecurity continues, and they continue without a guarantee to receive a proper education.

Since May 2003, children are admitted to school by presenting a proof of stay in Korea (home lease contract, peer referral, etc.) Their admittance, graduation, and transfer is decided at the discretion of the principal. As of 2004, 21,127 children under the age of 15 are in short-term or long-term stay in Korea. Among them, those eligible for admittance are about 9,500. Those actually attending a school are 1,574 (May ’05).

Foreign Student Status in the Past 3 Years

(Ministry of Education & Human Resources Development, 2005)

Classification	Elementary	Junior High	High	Total
2003	570	191	76	837
2004	615	207	99	921
2005	995	352	227	1574
Admittance Possible	It is estimated that about 9.500 children can be admitted into schools from among the immigrant children currently in Korea. (Ministry of Education & Human Resources Development, February 8, 2006)
Children Total	21,127 children under 15, children of short- and long-term illegal aliens.

The right of immigrant children to education, and the right of children to live with their parents must be guaranteed.

4) The problem of guardianship

The processing center regulations of immigration are making children more worried. Processing center regulation article 4 and executive order articles 4 and 5 specify that when parents are regulated, children under 14 can be regulated along with them in the processing centers. Children of long-term members in processing centers often go to school and do homework within the processing centers.

Immigrant children being regulated into process centers should not happen. In cases where parents are being detained through crime or other reasons, children should be provided proper care through other child care means.

5) Social Welfare

Stateless or illegal persons are not entitled to medical insurance benefits. As children are not provided even with medical insurance to cover the costs of childbirth, they are not being guaranteed even the right to be born. As an example, we can see the case of immigrant worker parents who abandon a premature baby because they could not cover the medical costs. The government is supporting up to 10,000,000 won as a humanitarian emergency medical aid fund for those without a visa. However, in Korea, there is still no support for the raising and medical insurance of children of illegal immigrants.

The Korean laws of Child Welfare, Basic Youth laws, laws for the Raising of Infant and Children, Maternal and Child laws must be applied equally to immigrant children, in accordance with the United Nations Convention on the Rights of the Child.

6) Discrimination in the School Setting

Even children who are provided with the proper environment for attending a school are oftentimes hesitant of going to school or befriending Korean children because of segregation by other children, teachers, and language barriers. In particular, children from the Middle East and Africa, with very different skin color and ways of life, are experiencing difficulties adapting to Korean culture and befriending Korean children.

(1) Prejudice

- A Mongol child greeted a Korean child, saying “Hello!” and waving his hand, but the Korean child insulted him and pushed him away. The Mongol child also pushed the Korean child, and he fell in a puddle of mud. Parents visited the next day. Only the Mongol child was scolded. The Korean child’s parents called school to complain. Why are Mongol children in a Korean school? Send them away.

(2) Prejudice based on nationality, and comparison

- “This is not your school. Korean students will do better than you.”

- “Do you know how hard Korean children study?”

- “Korean people are open-hearted, but Mongol people only like to fight.”

- After getting a 70 on the dictation test. “Korean children do well, but why do you guys do so bad?” But there are Korean children who do worse.

- Prejudiced against Mongols, they rip the Mongol flag, hanging in the classroom, in half.

(3) Adapting to Korea, violation of human rights, and treatment of problematic children

- When children converse in Mongol, parents hold their cheek with their hand and threaten them. They beat them with broomsticks and tell them to not speak Mongol.

- They are told to not group with other Mongol children. They say that other children are changing because of the new Mongol children.

(4) Suspicion of the Students

- After being absent because of sickness.

“You only come if you want, and don’t come if you don’t feel like it!”

- Absent due to his father being detained by immigration officials and mother being hospitalized.

“You absent again? You don’t listen!”

- Children call the teacher, but they don’t answer.

“Do you guys act like students? Why do you call me teacher?”

- When a case of theft occurs, Mongol children are blamed for it.

(5) Exclusive behavior of the peers.

- Mongol children are insulted and glared at. “Why are you here? Go back to Mongolia!”

- After a TV drama, Genghis Khan, “You guys were killing people since you were twelve, right? You guys kill people in Mongolia?”

- In lunchtime, Mongol children are given less food.

(6) Teachers’ discriminatory and extreme word usage.

- Teacher: You were in Japan, right? Yes. In Japan, do they give you food and stuff for free too? Mongol child: Yes. Teacher: Then, why did you come here? Why didn’t you stay in Japan? Mongol child: Are you telling us to leave Korea?

- When children say that they have gone to an internet café, “Why do you go to internet café’s but not pay for the school lunch?” “You have money to buy clothes and do your hair, but you don’t want to pay for school lunch?”

- When a teacher takes the children to another teacher, the other teachers says, “When you leave here, don’t return to school. It’s over.”

- Teachers laughing together watching children cry after being disciplined by the principal.

- Mass withdrawals from school.

(1) Research and Understanding of Children of Immigrant Families

- Children of immigrant families are constantly worried by their illegal status.

- They are always in peril of having to leave school due to their parents’ status.

- They are delegated to an after-school period, just like the needy children from poor neighborhoods.

- Both parents have to work for a living, and think that giving children spending money is all of their responsibility as parents.

- When regulations are severe, parents cannot leave home to work, and children have no money even for bus fare. Children are very sensitive about money issues.

- Children show anger at comparisons between Korea and their native countries, and between Korean children and themselves.

- Children always feel discriminated against, and have a strong urge towards equality and fair treatment.

- Children of immigrant families are not shy due to a natural shyness, but due to their lack of mastery of the language.

- They are in school regardless of their age. They are always feeling inferior, and their ego is hurt.

(2) Solution for Special Class Levels for Children of Immigrant Families

- The time spent in special class levels by children of immigrant families must be minimized. There are many adverse effects that are appearing after children go to special class levels, after they were performing well in normal classes.

- Education must be provided in accordance with the children’s age. One child had to abandon entrance into junior high and attended 6^th grade twice because he had no money for junior high school uniforms.

- A professionalization of the education process and program for children of immigrant families is necessary.

3) Development of School Education Programs for Children of Immigrant Families

Target	Program
Children of Immigrant Families	- Focused Korean language instruction before school education - Education of Korean society, culture, and courtesy - Identity education through education of native language and culture. - Strengthening of identity, and education for the formation and preservation of cultural pride.
Korean Children	- Education for the understanding of Internationalism - Human rights education for Korean children - Community education
Teachers, community	- Teachers’ education for understanding of immigrant children, and human rights and multiculturalism - Development of a integral multiculturalism in the community. - Continuing education of children of immigrant families in school and related organizations.

2. Status of Korean Provisions for Child Rights

1) United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child, (henceforth CRC) is made up of 54 articles, and contains comprehensive content regarding child rights. The CRC guarantees children’s right to life, protection, development, and participation, and regulates that in all child-related activities carried on by organizations of justice, administration, legislation, and social welfare should put as the foremost objective the benefit of the child. The CRC was approved on November 20, 1989, and Korea joined the convention on November 20, 1991, coming into effect on December 20^th of the same year.

2) Implementation Status of the Convention by the Korean Government

Korea ratified the CRC withholding article 9 clause 3 and article 21 and clause 1, on children’s family conditions and alternative care, and article 40 clause 2(b)(5), on special protective measures on the child. The United Nations Committee on the Rights of the Child has declared that the Korean government’s decision to withhold on those abovementioned articles are against the principle and regulations of the CRC, which seeks as its foremost goal the foremost benefit of the child, and recommended that the child’s economic, social, and cultural rights shall be withheld to the maximum extent. It also recommended that those withholdings be revoked.

Furthermore, the Committee also asked the Korean government to take action through public campaigns and other methods to reform the position of children in discrimination, in accordance with article 42, which highlights the problem of child mothers, the physically challenged, and those born out of wedlock.

3) Evaluation of the Korean System of Child Rights in Light of the CRC

Korea is still lacking in its execution of the terms of the CRC, and there is a particular lack in the planning for the collection of qualitative and quantitative data for the proper evaluation of child-related policies. Furthermore, issues with the nationalization system for immigrant children are prevalent, and indications were made against the competitive atmosphere in education, family violence, and lack of a systematic watch for child abuse.

The Korean government submitted a second report five years after the submission of the first report, but results showed that the second report showed no improvement upon the first report. The Committee highlighted in particular that the most important issues are to seek to benefit the child foremost, and to reform the discriminated groups of children, including child mothers, physically challenged children, children born out of wedlock, and immigrant children.

4) Protection Status of Children of Immigrant Families in Korea

The Korean constitution declares on the 11^th article that all citizens are equal; however, this equality article only applies to children with Korean citizenship. Subsequently, prejudice toward those immigrant workers without Korean nationality expands to include their offspring as well.

In particular, due to the jus sanguinis principle, children of illegal immigrant workers are illegal by birth. In the case of a child between a Korean woman and a man of foreign nationality, Korean registration laws dictate that the marriage must be registered in the father’s home country, but in many cases, due to their illegal status, or the fines and travel expenses, marriage is never legalized, and most children end up being registered in their mother’s name, resulting in an insecure position.

The Committee has strongly advocated that all immigrant children, including the children of illegal immigrant workers, be guaranteed access to services in specific provisions in law through revisions of the education and social welfare laws.

3. Activities toward Policies favoring the Legal Protection of the Rights of Immigrant Children

Along with these supportive works toward children from immigrant families, active reform movements are in progress in Korea to guarantee the rights of the children of immigrant families. The perspective of society toward immigrant children and immigrant society is changing as the government and society feels the impact of the rapid advance of Korea into a senile society.

1) Timeline of Activities toward the Provision of Rights of Children of Immigrant Families

10/31/2005 “Press Conference for the Legal Residency of Korean-born Children and Underage Immigrant Children” at the Seoul Christian Hall (156 religious, workers, civil, and social organizations participating)

11/15/2005 The Second Petition for the Legal Residency of Korean-born Children and Underage Immigrant Children at the Christian Human Rights Center. Formed the Solidarity for the Expedition of Legal Residency of Immigrant Children. (120 organizations participating)

2/12/2006 Campaign for the Legal Residency of Immigrant Children at the Marronnier Park in Seoul.

4/12/2006 Public Forum held at the National Assembly Constitutional Government Hall on “Provision for the Legal Rights of Immigrant Children and their Families”

4/30/2006 Street campaign for the rights of immigrant children in front of Jogyesa in Seoul, jointly with the Buddhist Human Rights Solidarity.

5/12/2005 The Ministry of Justice declares that it will consider the option of admitting children and parents as legal aliens once a child has attended school for a certain amount of time in Korea and has adapted to Korea.

2) Laws for the Provision of the Rights of Children of Immigrant Families

(1) Principal Content

1> To preserve the rights of immigrant children in accordance with the United Nations CRC.

2> Protect underage children from being stateless, illegal at birth, and from deportation.

3> Preserve children’s rights to live with their parents, as well as preventing abuse of the system.

4> Apply equal rights to immigrant children as local children in accordance with child welfare and similar laws.

5> Provide opportunities for local children to be exposed to multicultural education, and prepare a society open to coexistence with immigrant children and social opportunities.

6> Support immigrant children’s rights through the establishment of institutions and facilities toward their aid, and continue developing proper policies.

(2) Characteristics

1> The content of the Laws for the Provision of the Rights of Children of Immigrant Families goes further than just a matter-of-fact statement that “they must be treated equally as Korean children” to a specific and positive action by the government.

2> The movement for the rights of the children of immigrant families is a solidarity movement with the multicultural society movement. It is a joint direction toward a society that can coexist, overcoming the limits of jus sanguinis and prejudices caused by mutual differences.

4. Conclusion

Human rights is a very important movement in the present Korean society, changing quickly to become a multicultural society. Support work toward children of immigration families, which has occurred so far without proper guarantee of their human rights, was carried on in three aspects. First is the care center work for immigrant children. Immigrant children are not Korean, so they are not objects of care support. Due to the difficult situation as an immigrant family, the lack of support in child care subjects the child to neglect, or growth in an adverse environment. Supportive care works are being carried on in Ansan, Seoul, and Namyangju in 4 places for the children of these families, as well as local children. Secondly, there are works that focus on the children in the schooling age. Alternative schools like the “Kosian School” or “Mongolian School” or “Global Village School” are working towards the education and cultural development of immigrant children. Thirdly, home visitation care support works for needy immigrant families and their children. In Kosian homes, work has been in progress for the past 5 years in the areas of Ansan and Sihwa, and expanding towards the Seoul area as well.

There exists a limit in the degree of unity that can be attained with adult-centered civil action towards human rights provisions for children of immigrant families. Experts in the field are lacking as well. However, there is a high nationwide support toward human rights advocacy for children of immigrant families. As continued legislative and institutional reform continues with perseverance and promotes human rights for children of immigrant families, a path toward attaining that goal may be closer than expected.

Following is the text of the proposition for the Law for the Provision of the Rights of Children of Immigrant Families

Chapter 1 General Provisions

Article 1 (Objective) This proposition holds as its objective the provision of non-discriminative rights toward international immigrant children to be born in good health, in happiness, and in safety, in accordance with the United Nations Convention on the Rights of the Child.

Article 2 (Terminology) The terms used in this proposition are the following.

1) An immigrant family child is a child, under the age of eighteen, born in Korea of foreign national or refugee parents, immigrant in Korea with his or her foreign national or refugee parents.

2) An immigrant family child’s parents are those holding parental authority over the child.

Article 3 (Fundamental Ideologies) The ideology of the proposition are the following.

1) No discrimination shall be made towards immigrant families on the basis of the parent or protectors’ race, gender, language, religion, political affiliation, nationality, place of birth, or property.

2) All children hold the authority to enjoy an average quality way of life to grow in all types of education, physical, social, emotional, and moral.

3) Children must be the foremost concern in all child-related activities executed by judicial, executive, and legislative bodies, as well as social welfare and public service organisms.

Article 4 The responsibilities and obligations after the institution of this proposition are the following.

1) The national and regional governments must apply the Child Welfare laws, the Promotion of Youth Activity laws, the Secondary School Education laws, and the Nurturing of Infant and Children laws without discrimination.

2) Protectors of immigrant family children are responsible for the healthy and safe upbringing of those children in accordance with their growth stage.

3) All persons must respect the rights and safety of immigrant children, and nurture them in health.

Chapter 2 Provision of Rights for Immigrant Family Children through Right of Residence

Article 5 (Citizenship) Immigrant family children must not be left stateless, and in the following cases, should be awarded the Korean citizenship immediately.

1) Child is born of refugees.

2) Death of the parents, or abandonment.

3) Child born in a civil-law relationship with a national.

4) Other cases deemed necessary by the President

Article 6 (Residence) In the following cases, permanent resident status must be conveyed upon immigrant family children.

1) Child born in Korea, resident in Korea for more than 0 years.

2) Child immigrant in Korea, resident in Korea for more than 0 years.

Article 7 (Guarantee of Legal Residence) Extension of legal resident status must be permitted to children under the age of eighteen, and no regulatory, protective, and deportative measures must be taken against them, respecting the children’s choice of residence.

Article 8 (Right to Live with Parents) Immigrant Family Children must be guaranteed the right to live with their parents.

Article 9 (Naturalization) When a child under 18 has continued possessing permanent residency for more than 0 years, naturalization can be requested at the legal age of 18.

Chapter 3 Provision of Rights in Accordance with the Proposition

Article 10 (Application of Child Related Laws) Based on Article 4 Clause 1, the following should be executed.

1) (Medical Insurance) Medical insurance services should be provided to immigrant family children, and the support for basic health strengthened.

2) (Nurturing Support) Nurturing aid should be provided to needy immigrant children in preschool age.

3) (School Education) Immigrant family children are admitted to Korean schools unconditionally with the presentation of evidence of entry papers.

4) (Multicultural Education) Multicultural education shall be provided to national children, and education and campaign for the prohibition of all forms of prejudice will be effected.

5) (Special Education) Educational opportunities shall be provided to immigrant family children to adapt to Korean society, as well as preserve their own identity.

6) Miscellaneous laws pertaining to children shall be applied to immigrant family children equally.

Article 11 (Criminal Punishment) When the imputation for criminal punishment due to passport falsification or child labor is not upon the person of the child, children over the age of 16 shall not be submitted to criminal punishment.

Chapter 4 Responsibilities and Obligations of the Parents of Immigrant Family Children

Article 12 An immigrant woman in pregnancy is entitled to equal treatment by the corresponding law for medical insurance for pregnancy and childbirth.

Article 13 An immigrant woman in pregnancy shall not be put in process or deportation.

Article 15 Emergency welfare shall be provided when immigrant family children are in poverty due to unemployment of their parents.

Article 16 Immigrant family children have the right to live with their parents, and citizens, residents, and legal children’s parents receive the following permit of stay. (addition)

Article 17 Persons who abuse the condition of immigrant family children for the extension of duration of stay will be punished in the following manner. (punishment)

Chapter 5 Operation of Facilities for the Provision of Rights of Immigrant Family Children

Article 18 (Establishment of Bodies in accordance with Child-related Laws) In accordance to Article 4 Clause 1, the following bodies will be established and operated.

1) (Special Education Facilities) Facilities shall be established for the adaptation of immigrant family children into Korean society, as well as their own identity education.

2) (Stress Management) Stress Management Clinics can be provided for the rights of immigrant family children.

Article 19 (Commission for the Rights of Immigrant Family Children) A Commission for the Rights of Immigrant Family Children shall be organized, and carry out data collection, regular monitoring, and troubleshooting and analysis.

Chapter 6 Supplementary Rules

Article 20 Under discretion of the President, the national or regional governments shall provide all or part of the costs associated with the establishment and operation of the facilities in articles 18 and 19.

Additional Rules

This proposition shall be put into effect the day it is ratified.