The Ministry of Justice in South Korea has announced a temporary policy, effective from September 11 to December 31, 2023, that aims to exempt undocumented foreigners from fines and defer entry restrictions if they voluntarily leave the country. The Ministry states that this “Special Voluntary Departure Program for Undocumented Foreigners” is specifically designed to establish order by providing incentives for self-deportation, alongside ongoing joint government crackdowns on illegal stays. While the policy ostensibly offers a humane solution for undocumented foreigners to rectify their legal status without penalties, it raises several critical questions in light of ongoing calls for ending racial discrimination and human rights abuses against migrants in the country.
Ignoring the Root Causes
This temporary measure comes at a time when migrant workers and residents in South Korea are increasingly vocal about the racial discrimination and human rights abuses they face. Activists and migrant workers have been urging the government to respect the dignity of migrants in all aspects of labor and life, regardless of their residency status. The policy does little to address these systemic issues, serving more as a band-aid solution rather than tackling the root causes that lead people to overstay or violate their visa terms, such as economic hardship, social ties, or fear of persecution.
A Society That Excludes Is Unsafe for All
Signs at a recent rally commemorating the “International Day for the Elimination of Racial Discrimination” read: “A society that excludes someone is not safe for anyone.” This sentiment casts doubt on the effectiveness of temporary policies like the Special Voluntary Departure Program, which essentially excludes a segment of the population by not offering a long-term solution for their legal status.
Discriminatory Practices and Inhumane Conditions
The policy also fails to address the broader issues of racial discrimination based on nationality, skin color, language, and religion that migrants face in South Korea. Activists have pointed out the dire conditions under which many undocumented workers live and work, including instances where unregistered workers have died in deplorable living conditions only to be discarded in remote areas. Such tragedies highlight the urgent need for comprehensive reforms rather than temporary measures.
Lack of Anti-Discrimination Laws
Despite international recommendations for improvements in the treatment of migrants and the establishment of anti-discrimination laws, South Korea lacks even basic legislation to penalize racial discrimination. The absence of such laws makes it difficult to believe that a temporary policy can bring about meaningful change in the lives of undocumented foreigners.
Humanitarian Concerns Over Detention Centers
Activists have also criticized the conditions in foreigner detention centers, arguing that labeling someone as “illegal” should not make it acceptable to exploit or confine them. The temporary policy does nothing to address these humanitarian concerns, further questioning its efficacy and intent.
In summary, while the Special Voluntary Departure Program for Undocumented Foreigners may offer temporary relief for some, it fails to address the deeper, systemic issues of racial discrimination and human rights abuses that plague South Korea’s treatment of its migrant population.
