Refugee Child at Incheon Airport to Have Right to Education Guaranteed

The National Human Rights Commission of Korea has recommended that the Minister of Justice devise measures to guarantee the right to education and development for a foreign child seeking asylum who has been staying in the departure lounge of Incheon International Airport for over a year. A 10-year-old boy, identified as Mr. A, from Mali in West Africa, and his father, after being notified of the Ministry of Justice's decision to dismiss their refugee application, have been living at the airport for approximately one year without an opportunity to receive an education.

The second committee for the investigation of human rights infringements at the commission did not recognize inhumane treatment by the state, taking into account facilities such as laundry, heating/cooling, and shower facilities within the departure lounge, as well as records of regular health check-ups. Furthermore, the committee dismissed the petition regarding the risk of persecution upon repatriation, stating that objective evidence of such risk was difficult to establish, and that the father could voluntarily end his stay by departing for a third country.

However, the commission pointed out that Mr. A, who is in a crucial period of growth and development, is enduring disadvantages due to actions beyond his control. The commission determined that the disadvantages in terms of education, welfare, and emotional development are ongoing from the perspective of a child of growing age. Accordingly, it recommended the formulation of alternative measures that can achieve the objectives of immigration control while minimizing the infringement of fundamental rights that a child should be guaranteed.

This recommendation is intended to establish concrete protective measures, such as utilizing educational facilities outside the airport or providing comparable learning conditions. The commission maintains that it is necessary to devise alternative measures that can achieve the objectives of immigration control while minimizing the infringement of the child's fundamental rights.