Following is the text of Dewey's remarks, as prepared for delivery:

Statement of Assistant Secretary Arthur E. Dewey
Bureau of Population, Refugees, and Migration
Senate Judiciary Subcommittee on Immigration
Examining the Plight of Refugees: The Case of the North Koreans

June 21, 2002

AS PREPARED FOR DELIVERY

Mr. Chairman and Members of the Committee, thank you for the opportunity to appear before you today to express my concern for the people of North Korea and testify on refugee admissions policy to the United States, specifically highlighting the plight of North Korean asylum seekers in the People's Republic of China.

As you know, the Democratic People's Republic of Korea (DPRK) is among the most repressive regimes in the world. The closed nature of the North Korean regime makes it difficult to obtain information on the conditions inside the country. But the few reports that make it out of this closed country paint a shocking, often horrifying, picture of brutality, oppression, injustice and deprivation. In North Korea, individual rights are subordinated to the State and Party. The regime cites the "threatening environment" to justify its repression of individuals, stressing the need for a strong central state and military to defend against "imperialist" enemies. In the regime's interpretation, the State and the will of the people are manifested in the person of the supreme leader. There is no tolerance for criticism of the State or its leader and accordingly no freedom of expression, assembly or belief. The regime uses repression and a pervasive surveillance network to intimidate and control the population.

As President Bush said during his February 2002 visit to Seoul, "North Korean children should never starve while a massive army is fed. No nation should be a prison for its own people." The DPRK leadership appears willing to accept large amounts of food aid while it pursues its dangerous course of military build-up and the production of weapons of mass destruction.

Accordingly, we remain extremely concerned about the thousands of North Koreans who have crossed into China in search of food and work or to flee persecution. We are aware that China has historically allowed the presence of North Koreans in China and recognize that many seek only temporary shelter in China and then return voluntarily to North Korea. That said, we are also aware that all unauthorized border crossing are crimes that leave returnees vulnerable to persecution Because of this, we are troubled by China's refusal to grant the UN High Commissioner for Refugees (UNHCR) access to the region to determine who among the DPRK migrants may require protection as refugees. We are particularly concerned by continuing reports that North Korean are being forced back from China to North Korea where they may face harsh punishment and according to some reports, execution. In recent days, we, as well as other nations, are also faced with a new phenomenon where North Koreans have begun taking desperate measures, including scaling walls of embassies and consulates in Beijing and Shenyang, seeking refuge. Given the heightened security situation throughout the world, you can see how these desperate measures further exacerbate an already distressing and dangerous situation. But I feel it's important to reiterate that there are no guarantees for North Koreans who seek refuge in third country diplomatic compounds and they are putting themselves at great risk. In a post 9-11 world, no diplomatic compound will tolerate unidentified persons breaking through security for any reason. Moreover, it's also important to note that U.S. diplomatic personnel are not authorized to grant asylum to asylum seekers entering a U.S. compound. Under U.S. law, asylum in the United States can be requested only by an applicant who is physically present in the United States or at a U.S. border. It cannot be requested on an individual's behalf, or by a third party. The U.S. does not grant "diplomatic asylum," which the United States does not recognize as a rule of international law.

That said, we are pleased that most cases involving North Koreans have been resolved through bilateral negotiations with the Government of China for onward resettlement to South Korea, where they are entitled to citizenship. Nonetheless, 20 still remain in the South Korean Embassy awaiting safe passage to South Korea and 2 remain in the Canadian Embassy. One person forcibly removed from the South Korean Embassy remains in Chinese hands.

We are also extremely concerned that Chinese police entered uninvited onto the premises of the South Korean Embassy in Beijing. We regard the inviolability of diplomatic and consular premises as a bedrock principle that is essential to the conduct of international relations, and we expect all nations to abide absolutely by their solemn legal obligations regarding such inviolability under the Vienna conventions.

Under normal circumstances where the host government has made it possible for people to claim asylum in-country, and/or allowed UNHCR access to persons of concern to conduct refugee status determinations, a person seeking resettlement in a third country should contact UNHCR, the lead UN organization that handles refugee protection. In most situations, the host government and/or UNHCR are able to address asylum requests, grant refugee status (if warranted), and ensure protection is provided to asylum seekers until their claims have been adjudicated. If third country resettlement is needed, in most cases U.S. policy is to accept from UNHCR referrals of cases which are then adjudicated by the U.S. Immigration and Naturalization Service (INS) to determine if the person is a refugee and admissible under our law. For security reasons, however, U.S. officials in the field will not consider UNHCR resettlement referrals of North Koreans without prior Department of State and INS approval. This policy has been in effect since the mid-1990s.

The Office of the High Commissioner in Beijing has the mandate to determine what protection or assistance these people may need while in the PRC. We are continuing to urge China to adhere to their international obligations set in the 1967 Protocol relating to the status of refugees and to cooperate with the UNHCR to ensure protection for those DPRK migrants that may qualify for refugee status. The Department is also currently in the midst of a policy review on North Koreans in China.

As far as our refugee admissions program is concerned, I believe you are aware that it was hard hit in the aftermath of September 11, as we made the difficult adjustments to assure its integrity and to ensure our security as a nation. Nonetheless, even in the context of the current war, this Administration remains committed to keeping the door open to refugees.

We currently face a tremendous endeavor -- to bring in as many authorized refugees as we can. The challenge will continue into FY 2003 as we maintain our efforts to implement the enhanced security requirements, to protect the integrity of the program, and to improve the quality of refugee reception and placement services in the United States. At the same time, critical life sustaining refugee assistance needs must be met.

Early next week, the Secretary will meet with Members of this Committee for consultation on our refugee admissions program. I certainly welcome the opportunity to explore any ideas you may have, that are not voiced today, in that forum.

In closing, I would like to thank you for the opportunity to testify today. I look forward to working with you now and in the future on this extremely important issue.