A/HRC/4/15
page 11
they should not be placed in detention; they should preferably be kept in open facilities and
placed in closed facilities only as a matter of last resort. The latter should be set up in
accordance with international standards, indefinite incarceration should be avoided and the
facilities should be open to some outside monitors such as the Office of the United Nations
High Commissioner for Refugees (UNHCR). The Office should be permitted to enter all areas
where those who seek refuge may be present. Interestingly, some sources indicate that the
number of forced returns may have declined slightly after the missile and nuclear tests in 2006,
perhaps to show disapproval of the country of origin. However, the preferred approach based on
international law is for all countries to adhere strictly to the principle of non-refoulement and
treat those who seek refuge humanely.
26.
Third, there is the issue of international burden-sharing. On the one hand, it is incumbent
upon the international community to exert effective influence on the country of origin to address
the root causes leading to outflows. On the other hand, the international community should help
the first asylum countries in finding durable solutions for the refugee problem. This may entail
policy and resource supports and resettlement places in other countries as appropriate. Some
countries are already opening the door wider to resettle refugees from the Democratic People’s
Republic of Korea, at times directly from first asylum countries and at times via other channels.
27.
Fourth, the pattern of arrivals is changing precisely because of the elasticity of the
different practices of neighbouring countries. There is a kind of “push-down, pop-up”
phenomenon whereby if one country takes a stringent approach towards those seeking refuge,
the refugees, usually by promising to pay intermediaries, seek access to other countries with a
more lenient approach. From the interviews which the Special Rapporteur has carried out with
arrivals in various neighbouring countries, two patterns have emerged. On the one hand, a
number of people spend quite a long time - a period of years - in an asylum country before
leaving for other countries. Some are smuggled into the various countries, while others end up
in various types of human trafficking such as forced marriage, prostitution, or forced labour.
Second, a more recent caseload comprises those who transit briefly - a period of weeks - in a
neighbouring first asylum country before leaving for other countries. This is currently the
situation facing South-East Asia where some countries are witnessing a larger influx of refugees
who merely transit briefly in a neighbouring country. Nearly all cases interviewed by the
Special Rapporteur indicated that they or their relatives had either paid various intermediaries to
help them flee the country of origin or that they or their relatives had promised to pay upon
arrival in the final resettlement country.
28.
Along the way, some public officials also profiteer from the situation through extortion;
they refuse to release from detention those who have sought refuge unless they are paid. This
also poses a dilemma to non-governmental organizations that seek to rescue detainees. Should
they pay up, or desist from doing so? It is regrettable that at times these organizations are also
classified as criminals when they are merely acting as human rights defenders. There is thus a
need to distinguish between them and genuine criminal elements. It is also regrettable that there
is a “market value” attached to refugees, who are exploited in a “chain-enchained” manner: at
every step of the way from the borders of the country of origin to the final destination country,
there is a chain of elements that seek to exploit the needs of refugees and their “worth” in a
manner tantamount to slavery. The situation is all the more disquieting since the majority of
those seeking refuge are currently women and some children. This is elaborated below in
relation to the vulnerability factor.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents