Vol. 51 / Spring / 2009
Life &
Human
Rights in
North Korea
Citizens’ Alliance for North Korean Human Rights (NKHR)
Vol. 51 / Spring / 2009
Life &
Human
Rights in
North Korea
Citizens’ Alliance for North Korean Human Rights (NKHR)
Citizens’ Alliance for North Korean Human Rights (NKHR)
2
PATNER
The Society to Help Returnees to North Korea (Japan)
Founded in 1994
Address: CPO Box 551, Tokyo, 110-8691, Japan
Tel/Fax: +81-3-3262-7473
Defense Forum Foundation (USA)
Address: 2014 Castel Road, Falls Church Virginia 22044, USA
Tel: +1-703-534-4313
Fax: +1-703-538-6149
Life & Human Rights in North Korea
3
| C
O N T E N T S
|
E
SSAY
Two Incidents Happened in 1939
Ogawa Haruhisa · 4
F
ORUM
What President Obama Should Do About North Korea
Suzanne Scholte · 6
W
ITNESS
A
CCOUNT
Breaking Out of North Korea
Chun-Hyeok Kang · 11
D
OCUMENT
Concluding Observations: Democratic People’s Republic of
Korea
Committee on the Rights of the Child
· 24
This quarterly is published in Korean and English.
All expenses were paid for with voluntary contributions
from Korean citizens.
Citizens’ Alliance for North Korean Human Rights (NKHR)
4
ESSAY _ _ _ ____ __
Two Incidents Happened in 1939
Ogawa Haruhisa
Deputy Representative of No Fence, Japan
Since 2007, the U.S. policy of the Bush administration has changed to accept
the Kim Jong-il regime and this change was well shown in the six-party talks.
The subject who determines North Korean regime is certainly its citizens.
However, as far as the North Korean regime is totalitarian (Hanna Arendt) and
is maintained by means of a one-man dictatorship, concentration camps
(Gwalliso), and regulated as a police state, its reform should not be left
exclusively to its high officials. That is why all the people around the world
who are aware of human dignity and cherish human rights, are raising their
voices for the improvement of North Korean human rights.
If Kim’s regime is accepted for the solution of nuclear problems in the six-
party talks, the matter of concentration camps will be left unsettled. This is
totally unacceptable and thus, a Japanese civil group was established under
the name of ‘No Fence’ (http://nofence.netlive.ne.jp) in Tokyo in April
2008. The group aims to abolish the concentration camps in North Korea and
held an international conference in December 2008.
I discovered an important fact while I was preparing for the conference.
Immediately after the Second World War broke out upon the Nazi Germany’s
invasion of Poland in September 1939, the British government published a
White Paper concerning Nazi concentration camps.
1
The situation of
Buchenwaldt concentration camp in Germany between 1938 and 1939 was
vividly reported in the paper. This camp was not aimed for massacre such as
Auschwitz but was a forced labor camp. The situation of the camp was very
similar to concentration camps in North Korea. Thus, No Fence published this
paper in Japanese for the international conference.
Directly after the conference “Rescued Children,” an article from a London
newspaper, was posted on Japanese Mainichi newspaper on December 8. It
reported that surviving Jewish children who had been secretly transferred
from various countries in Europe during the war to the United Kingdom
Life & Human Rights in North Korea
5
gathered together for the 70
th
anniversary. It also reported that Vera Gissing,
one of the rescued children, has written her memoirs titled ‘Pearls of
Childhood’ which is widely read in various countries including the UK.
Fortunately, I was able to read her story because it was also published in
Japanese. It tells a story of a young girl who was born in Czechoslovakia, was
separated from her parents when she was ten years old, and grew up in an
adopted land until she was 17 years old. In the meantime, her parents died in a
Nazi concentration camp. I was touched with pity for her poignant story of
missing parents. After reading her story, I promised myself to search for
documents such as these and use them for the abolishment of concentration
camps in North Korea.
■ Translated by Bang Sanghee
Citizens’ Alliance for North Korean Human Rights (NKHR)
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FORUM _ _ _ ____ __
What President Obama Should Do About
North Korea
*
Suzanne Scholte
**
President, Defense Forum Foundation
Although President Barack Obama will have his hands full of both domestic
and foreign policy challenges during his first year in office, he will also have
an obligation as the leader of the free world not to forget the least free people
on earth, the people of North Korea. His election offers an enormous
opportunity to learn from the past and set forth a North Korea policy that does
not sacrifice the lives and well-being of the North Korean people for the Kim
Jong-il regime's empty promises on the nuclear issue.
Both former Presidents Bill Clinton and George Bush set out with the best
intentions to engage North Korea to give up their nuclear ambitions through
Clinton's Agreed Framework and through Bush's Six Party Talks. Both helped
provide food aid to North Korea to try to stop the deaths of millions of North
Koreans from starvation. Both intentionally sidelined human rights concerns,
making them secondary to addressing North Korea's nuclear ambitions.
Despite their efforts, North Korea's nuclear ambitions have not been thwarted,
their proliferation of their nuclear technology to countries including Iran and
Syria continues, and most recently, North Korea went off the 6 Party Talks
Agenda and "upped the ante" declaring it would not give up its nuclear
weapons accusing the United States of hiding nuclear weapons in South Korea.
Meanwhile, despite tons of food aid and billions in economic aid, millions of
North Koreans have starved to death and continue to starve to death even
today. The human rights conditions in North Korea are the worst in the world:
massive political prison camps where at least 200,000, including children born
in these camps, are worked to death; torture, imprisonment and public
*
This article was published in the Korea Times on January 20, 2009.
**
Dr. Suzanne Scholte is the 2008 Seoul Peace Prize Laureate.
Life & Human Rights in North Korea
7
executions for those who try to flee starvation; while not a single human right
is observed in North Korea: no freedom of thought, movement, or
assembly. And the North Koreans are not the only ones who suffer from Kim
Jong-ill's brutal dictatorship but South Korean POWs, South Korean, Japanese
and other abductees from other counties continue to be held against their will
in North Korea.
President Obama can learn from his predecessors and set forth an agenda that
can greatly enhance security on the Korean peninsula by adopting these four
specific strategies:
First, Save the North Korean Refugees: Obama should work with South Korea
and Japan and other countries in the region to establish a First Asylum policy
for North Korea refugees, as was done to save the Vietnamese boat people,
and call on China to honor its international treaty obligations by stopping its
repatriation of North Koreans. Right now, the situation for the North Korean
refugees is worse than even before the Olympics when China had a massive
crackdown on both the refugees and anyone daring to shelter and feed
them. China has continued to thwart efforts by the UNHCR to interview and
shelter North Korean refugees and has increased police surveillance around
the embassies and consulates of South Korea, the United States, and other
countries sympathetic to the plight of the refugees. China's cruel policy of
repatriation has not only led to the imprisonment, execution, and torture of
hundreds of North Koreans, it has also resulted in a rampant trafficking
situation, where 80% of North Korean females, including older women and
young girls, have been subjected to forced marriage, forced prostitution, rape,
and terrible physical and psychological abuse. Most North Korean men and
women who finally make it to South Korea have suffered post traumatic stress
disorder.
The Obama administration should join with the Republic of Korea and Japan
to call upon China with one voice to stop forcing refugees back to North
Korea to face certain torture, certain imprisonment, and increasingly
execution for fleeing conditions in their homeland. The recent tripartite
meeting hosted by Japanese Prime Minister Aso Taro with China's Premier
Wen Jiabao and South Korea's President Lee Myung-bak, is a huge
opportunity to enhance greater cooperation on this issue.
Working with South Korea, the United States should also quietly encourage
Thailand, Vietnam, Cambodia, Laos, to provide temporary asylum to these
refugees, not to punish them, to help alleviate this enormous human rights
tragedy. In Thailand, for example, North Koreans are forced to serve a
detention sentence because of entering the country illegally before they can
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pursue resettlement in South Korea.
The Chinese Government and even U.S. policy makers have an unfounded
fear that if China showed compassion to the refugees, this could cause de-
stablization: they fear China would be flooded with refugees and this could
lead to the collapse of the North Korean regime. This fear is not only
unfounded, but is prolonging this suffering of the North Korean refugees. This
refugee situation is unlike any in the world as the refugees have a place to go
– South Korea and other countries! Furthermore, refugees are leaving North
Korea mostly because of famine-like conditions and most want to go back –
even those who have resettled in South Korea want to go back to North Korea
once Kim Jong-il is gone or reforms are enacted. If fleeing refugees could
lead to the collapse of the regime, it would have happened by now. After
500,000 crossed the border and 3 million people died, Kim Jong-il's grip on
power never faltered. By abiding instead by its international treaty obligations
and allowing refugees safe passage to South Korea, this would instead be a
means to subtly pressure Kim Jong-il and his regime to reform, something that
is also in China's best interest. When reform comes to North Korea, conditions
will improve and China will no longer have to deal with this refugee problem,
because North Koreans will not need to flee -- so China is prolonging this
refugee problem by their policy.
Second, Put human rights on the agenda of any and all negotiations with or
about North Korea. The human rights issue is as important as the nuclear issue
and no one knows that better than Kim Jong-il. Part of his strategy to remain
in power is to keep us focused on his nuclear ambitions so we will not focus
on the genocide he is committing against the North Korean people. As North
Korea's highest ranking defector, Hwang Jang-yop, has described it, "Human
rights is Kim Jong-il's achilles heel." Kim has cleverly manipulated our fear
of his nuclear program to keep us focused on this issue, as he has seen what
has happened to other dictators once the people get a glimpse of freedom.
Since the Obama administration plans to continue the 6 Party Talks, it can
begin by raising these immediate human rights concerns which are very
modest first steps, considering the situation: 1) promise continued food aid
based on the ability of it to be strictly monitored to the point of consumption
to ensure it is being consumed by the intended recipients and not being used
as a weapon by Kim Jong-il against his own people, as has been done in the
past; 2) promise delivery of food and medicines to their so called "re-
reducation centers" (political prison camps) by requesting that the
International Red Cross be allowed to visit these sites and provide assistance;
3) ask for a complete accounting of all deceased and the return of all living
Life & Human Rights in North Korea
9
South Korean POWS and all abductees from South Korea, Japan, and other
nations; and 4) condition future food and economic assistance by requiring
that North Korea end its punishment of border crossers and be allowed
freedom of movement within their country.
These are simple "baby steps" that must be required to put North Korea on the
eventual path of shutting down its political prison camps and opening up to
reform.
Third, Reach out to North Koreans: Because of the rumors and uncertainty
about Kim Jong-il, it is more important than ever before to reach out to the
North Korean people. They must know that the Obama administration,
representing the American people, as well as the South Korean people, have
been trying unsuccessfully to save their lives through food aid and other
means.
The failure of the 6 Party Talks in addressing the human rights issues is giving
credence to Kim Jong-il's lie that all we care about is the nuclear issue and
that we want to destroy the North Korean people. They need to know the truth
now more than ever before: that the free world has delivered enough
assistance to feed every starving North Korea. America and South Korea need
to be the advocates for the people of North Korea, who do not realize that the
source of all their misery is in fact their dear leader, Kim Jong-il, not us, as
they have been brainwashed to believe.
The Obama administration should continue to support radio broadcasting into
North Korea as well as other creative efforts that the North Korean defectors
in South Korea have undertaken to get information directly into the hands of
the North Korean people. He does not need to make statements denouncing
Kim Jong-il – that's our job as NGO leaders -- but he should make strong
statements of concern about the human rights conditions in North Korea and
our desires for their well-being.
The ability of Kim Jong-il to completely isolate them from the rest of the
world is breaking down and this offers a great opportunity to get the truth to
the North Korean people about our concerns for them and about American and
South Korean prosperity that is a direct result of our freedoms and human
rights.
Fourth, Utilize the North Korean Defectors and Bipartisan U.S. Groups: No
one knows better how to bring about reform in North Korea than the defectors
themselves, especially those who were among the elites in the regime. Up
until the election of President Lee Myung Bak, they were forbidden from
sharing information and insights with the United States. Now, they are free to
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speak out and should be considered an excellent resource for learning more
about the regime and how to bring about reform.
Also, there is great bipartisan consensus among policy experts on promoting
the human rights issues and a good place to start for counsel and
recommendations is with the Committee for Human Rights in North Korea
chaired by former liberal Congressman Steve Solarz and former conservative
National Security Advisor, Richard Allen. The Obama administration should
seek their recommendations and counsel on his North Korean policy and
selection of a Special Envoy on North Korean human rights.
We must recognize that Kim Jong-il will never act in the interest of the North
Korean people, and that it is the obligation of those who live in freedom to
speak out for the world's most persecuted people. By making human rights a
priority, the Obama administration has a great opportunity to bring hope to the
North Korean people, show the way forward for change and reform, and lead
to the eventual peaceful reunification of the Korean peninsula.
Life & Human Rights in North Korea
11
WITNESS ACCOUNT _ _ _ ____ __
Breaking Out of North Korea
*
Name: Chun-Hyeok Kang (Born in 1986)
Escaped from North Korea in 1998
Entered South Korea in 2002
1. “Breaking Out” of North Korea
Early March of 1998
Crossing the Tuman River
It was the voice of my father I heard half asleep. When I opened my eyes, my
father and mother were looking down on me, at an hour which I could not tell
whether it was night or dawn. “Let’s go!!!” It was a low and trembling voice.
Even though I had woken up in the middle of my morning sleep, it was clear
that it was not the time to say anything. I had my doubts about where we were
going, with the wind fiercely blowing outside, but every nervous face made
me hold back my questions.
The sight of my maternal-grandma pouring tears without a sound, and my
eldest aunt sobbing while hugging my almost one-year-old cousin made me
*
This testimony was published at Gwangju News, International Magazine for
Gwangju and Jeollanam-do, in December 2008, January and February 2009.
Citizens’ Alliance for North Korean Human Rights (NKHR)
12
avert my eyes. “Good-bye,” “Take care.” One word turned into tears and it
seemed as though someone would pass out if any more was said. It was
impossible to look at my maternal-grandma, who was tearing out her heart,
crying with her mouth covered. In the heart of the one who had to let go of us
down the road of no return, there probably flowed the tears of blood…
Stepping outside, my family and my younger aunt made our way through the
dark to find a new world, with dusty wind hitting our faces. Cutting through
the early morning air and paying attention to the sounds coming from the
forest, we tip-toed our way…
Some time passed, as the day started to light up. The Tumen River came in
view, and already we began to see one or two people on the street. My father
and mother became even more nervous and seeing this I had no reason to
complain, even though I was out of breath.
As we were walking along the Tumen River, observing the situation, my
father and mother suddenly took my hand and began to run for the riverbank.
It was March, but the Tumen River was covered with ice, so conveyed no
sense of spring whatsoever. Without looking back, our team recklessly trod
on the Tumen River. Only a few seconds after stepping onto the ice, we heard
the sound of whistling and shouting. Looking ahead with the only thought of
“we can’t get caught!” our family ran and ran toward the riverside.
As we got close to the Chinese side, my body fell into an ice-pit with the
sound of a splash. At that moment, my throat clogged up and everything in
front became dark. Coming to my senses, my father and mother, who were
even more at loss, fell in together and ran to the riverside carrying me.
Because the water on China’s side was not deep, there were many places
where the ice had melted.
Even though our whole bodies had been soaked in ice water, not knowing
when we would be caught by the neck, ever one of us pulled our frozen
bodies up the mountain to hide without giving ourselves the time to catch a
breath. It was only after we felt our throats burning, having run for so long,
that our family stopped.
After checking that it was safe, we, who had fled to the mountains, rubbed our
bodies together and dried our clothes in the sun, then waited for it to get dark
again. Tears trickled down the face of my mother and my then twenty-six-
year-old younger aunt, Younnyeo, and my father fell into thinking of
something with a red-flushed face.
I was 12 when this journey with my family started.
2. The ice world
I was supposedly 12, but I was too small compared to the Chinese kids, and
Life & Human Rights in North Korea
13
malnourished. We had no relatives, no relations and it was literally a walk on
thin ice. It was only natural for me to exclaim, “This is the actual place where
we have always said in North Korea everyone eats and lives well!” when
seeing the grounds of China, all the buildings high and shiny with everyone
on the streets well-dressed and tall. It seemed nothing different from paradise,
and it felt as if I was stepping into the land of the future, which I had dreamed
of in the North.
In the beginning, because I did not know the language and the kids seemed
young, I avoided even hanging around them. But as I started to learn the
language, things got better and I became more used to life in the unfamiliar
land of China.
Yet, this lifestyle did not last long, because our family had been offered
assistance in finding jobs in Yeonbyeon, being told it would earn us more
than working at the factory where we were. We had no choice but to follow
our father. I had to quit school and leave where we had been living. Until then,
not once, did we think that this person had lured us away to exploit us.
However, when we came to Yeonbyeon, we wasted a month and found no job.
Finally, someone told us to go and take an interview. It was a reporter from
South Korea, and he said if we took the interview, we could get money, and
good things would happen. But we stoutly rejected anything like an interview,
because we had heard so many fake rumors saying that South Koreans abduct
North Koreans and kill them by sucking out their blood or killed them when
they became useless, and just the fact that a South Korean had appeared in
front of us was scary. Then the reporter said that he only wanted to hear a few
words and asked us to answer to some questions.
So we answered a few questions, asking not to be on camera. We thought if
this video with our faces was released in South Korea or another country, it
might do some harm to our relatives in North Korea. After the interview,
through the same person, we met a professor at the Yeonbyeon University and
found out, after a detailed explanation about South Korea, that South Korea
was an even more developed and prosperous country than China.
It was not easy getting a job in Yeonbyeon and we did not have any money.
The South Koreans gave some money for the interview, and we had to
maintain our lives on that. From then on I started to draw some cartoons about
North Korea and after some time the story got longer to the length of a few
books.
The life in Yeonbyeon was, yet again, temporary and the person who brought
us to Yeonbyeon said that we were of no help but a burden, and offered to
marry away our younger aunt. At that time, my younger aunt had never been
married, but was not young either, so she totally fell for the words of that
person, thinking it would be better to meet a nice guy and live happily rather
Citizens’ Alliance for North Korean Human Rights (NKHR)
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than to suffer with us. This was not favor, but he merely wanted earn money
by selling my younger aunt away. Since then and to this day, there has not
been a way to find out what happened to her.
He also said there was a good job at Amur River State, but had actually sold
us to something like a country farm in Amur River State. It would have been
nice to know of such conspiracy beforehand, but the world afterwards was not
a place to gain any sympathy. The sorrow of our family, which we could not
even share after having gone through what we did, started all over again and
repeated itself, and all we could do was be vexed and angry for having been
tricked by him.
That is how we had spent half a year in the mountains, when the owner of the
farm who had bought us, said he was going to go away, taking us with him.
We were transported to a village called Kumgyang in Amur River State, and
it was a place for digging gold. There we dug gold, earning one quarter of a
Chinese worker’s pay. We became farm servants, working like dogs.
As time passed by, my father and mother said that, even though we were
badly off, I was still young and needed to go to school, and they pleaded to
the boss, who allowed me to go to school. However my school life was not as
good, and because I was not able to socialize well with the classmates and
could not speak Chinese well, the rumor that I had come from North Korea
started to go around. On the way back to home after class, there were kids
who always picked on me, and everyday I was sent to the teacher for being in
a fight. I hated the teachers, who would blame me, though I had done nothing
and myself for not being able to live like a human.
Everyday we had to deal with the Chinese-Koreans and live each day feeling
uneasy. Then one day, this drunk was about to hit my father, when my father
hit him back harder. But my father was mercilessly trampled on by this
reckless gangster and the people working under him, and was tabbed with a
knife in six places, and could not get any help while spewing blood.
Father was bruised all over, ending up catching tuberculosis and unable to get
up. Being ill, father could not do anything, and mother also could not do
anything. As for me, being young, I had no option than to watch these scenes,
and nothing but silent tears streamed down my face.
Afterwards, father recovered and we made up our minds to run away again
thinking we cannot live like this, and at the quiet break of dawn we made our
ways empty-handed. We really thought it would be better to die of starvation
in North Korea than to live such a life like a homeless dog or a vagabond.
At that time my cousin had come to China. When we heard he was working in
Yeonbyeon, we decided to go there. We took the bus going back to
Yeonbyeon and arrived where our cousin was living around four o’clock in
the morning the next day. There we met our cousin and talked of all the
Life & Human Rights in North Korea
15
events of the past few years and the news of grandma, grandpa, and our
relatives in North Korea. From then on, we lived in Yeonbyeon with our
cousin hoping there would be no more misfortunes. Even though our cousin
was from North Korea, he was an accredited worker by the boss at the lumber
mill called ‘Limupgook’ in Wangchung. He had already been highly praised
for his diligence back in North Korea. My father and cousin worked at the
lumber mill together and forgot, or tried to forget all the past hardships. We
were getting along just fine.
I continued to draw cartoons in Yeonbyeon, and drew life in China as it really
was. Then I happened to run into a South Korean and the person asked for the
cartoon book I had drawn. The deal was that if I have him the cartoon book,
he would go to South Korea to show it and help us to go to South Korea. At
that time, I already knew what kind of a country South Korea was, how
wealthy it was, and thought we could start over and live well, since it is a
country of the same language and people. We would not be treated inhumanly,
as we had been in China, and I thought tens and hundreds of times, over and
over, that it would be one hundred, no one thousand times better than our
lives were in China.
Yet, we knew getting to South Korea was not easy, and every night we
listened to the South Korean radio program and every night filled ourselves
with hope. So father agreed to the offer of the South Korean and handed over
my cartoon book to him.
However days and months passed by, with no news from him, and finally we
realized we had been tricked again. I decided to quit the games and focused
on my daily routine.
When I was at Yeonbyeon, the Korean cultural wave was big. The popularity
of famous pop singers like H.O.T, F.I.N.K.L., SechsKies, Seungjun Yoo had
sky-rocketed. I drew pictures of these pop stars and asked one of the
bookstores under Munwhagoong Theater in Yeonbyeon to sell them, and kept
supplying him with my drawings under the condition of sharing the money
between the owner of the bookstore and me by certain percentages. Since the
Chinese kids went crazy over pictures of pop stars, the drawing sold well.
Drawing has been my hobby since I was little. But in North Korea, it was just
a hobby and there were no ways of making my dreams come true. If I had
been in North Korea, I would have, like the rest of them, graduated middle-
school, and been forced to go to the military. Afterwards I would have lived at
home like my grandfather and father, digging coal in underground tunnels.
For someone like me, being in China, even though I was living in a foreign
land as an illegal refugee, thinking of making my own dream come true in a
country where there was plenty of paper and pencils was now possible.
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Digging Coal at the Minefield for Fuel (Elementary School – 4
th
Grade)
3. On the verge of repatriation to North Korea
Yet China did not leave us alone, since we were illegal immigrants. One day,
my father, mother, older brother and I ate dinner and went to sleep. Not long
after, we heard somebody knocking on our door. Without even turning the
lights on, we crept in front of the door and searched outside.
At that moment, I felt as if my heart was about to burst! There were several
Chinese security guards standing in front of the door with their flashlights.
Not knowing what to do, we decided to escape through the back window
quietly and quickly. My cousin escaped through the window and climbed on
to the neighbour’s roof. When he stretched out his hands to get me, the
Chinese security guards kicked the door open and spotted us.
Immediately, my cousin stretched out his hands and told me to hurry. The
moment I grabbed his hands to climb, my father and mother got caught by the
Chinese security guards. When I was them get caught, I couldn’t possibly
leave them behind, so I told my cousin to go ahead and also ended up getting
caught by the security guards.
My parents and I were sent to the police station. Each of us was locked up in a
separate room and they started to torture me. They twisted both of my hands
and shouted and began to beat me. They also questioned whether I had
committed burglary or other crimes.
When I had told them that I hadn’t committed any crime or burglary, they
started torturing me again by saying that I should tell them the truth. I felt
mortified and resentful. As if treating me like I was not even a human being
was not enough, they were trying to accuse me of a false crime. I wanted to
Life & Human Rights in North Korea
17
kill those vicious Chinese security guards because I hated them so much. The
next day my father, mother and I were sent to a prison in a police station. My
mother and I stayed in one room and my father, I found out later, stayed
downstairs.
The Chinese Security Service Officers… “Take us, but please let our son go.”
My mother wanted me to escape and searched the surroundings for any
possible ways to escape, even using her nails to scratch the walls. She would
cry and say why hadn’t I escaped? “It is okay for us to die when we get
repatriated, but how would you, so young, ever survive?” we spent the days
like that until our cousin, who managed to escape, brought a huge sum of
6,000 yuan by asking for help from several people he knew in the Chinese
village. We were then released by the Chinese security guards.
The land of China was in reality another world’s “prison,” where they made it
impossible for us, the North Korean defectors, to live, by mercilessly
trampling on the precious lives of us, human beings.
4. Another unprecedented challenge
After our family miraculously survived, we could no longer hope for a future
in China. Since there was a high possibility of getting caught by the security
guards, we were not allowed to show ourselves in the village. So my cousin
decided to go to South Korea.
Although there was a route that we could take to South Korea, the money
required was tremendous. Not only did we have to find ways to pay the 6,000
yuan we used for bail, but we also needed the money to go to South Korea.
Amazingly, an old man, whom we were close to, gave us the money.
Despite the fact that the old man was suffering from paralysis, I was very
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thankful for his willingness to help. After telling him that we would pay him
back once we arrived in South Korea, the three of us, my cousin, a guide and I,
left for the road.
We didn’t have enough money for the whole family to go, and my cousin and
I were determined to leave because we thought there would be no difference
between staying there and getting caught and killed, and getting caught and
killed on our way. We promised the impossible – that once we arrived in
South Korea, we would come back to get mother and father.
It was another moment of separation in which no one was guaranteed of
anything. On our arrival in Beijing by train, the person who guided us stole
our money. The cruel world did not leave us alone. Our tears were dried up
and our hearts turned into gray ashes.
Since we couldn’t go back, my cousin and I had no choice but to go forward
with no particular plan in our minds. We bought a world map, got on a train
and headed south…to the south…to the south…
In order to look like as Chinese as possible, we didn’t talk much and avoided
the eyes of train security guards who conducted inspections for identification.
We were surprised at ourselves because we could literally hear our hearts in
our heads beating “thump thump”.
We could not ask for directions but had to look up on a map how to get to
South Korea from China, which seemed so far away. Leaving traces of tears
behind, time was as precious as gold and no one knew what was to come in
the future.
Since we couldn’t even sit in a train seat, we leaned against the platform of
the train looking over the passing fields thinking, “Could we really go there?”
or “Is this the right road that we’re taking?” The time passed and we entrusted
everything to luck. Even though we rode on the train every day, there was no
way of telling when it would all end.
At that moment, a person who came out to the platform for a smoke thought
we were from Yeonbyeon and started to talk to my cousin. It was so
delightful to hear someone speak North Korean on the way to the south.
Although my cousin may have been frightened, he started talking with
wariness and gathered valuable information, which became a light to the
future.
As the conversation continued, the person thought of us as one of the
smugglers from Southeast Asia and started boasting about himself, and told us
of the path that could lead us safely across the border. We could not trust the
information, but being totally lost, it was like we had found a road, which was
not even a road, and made a decision based only on the thought of us needing
to across the Chinese border as fast as possible. My cousin was determined
Life & Human Rights in North Korea
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and I was invigorated.
Just as the person had told us, we got off at a station and started moving
toward a place near the border. Strangely, people in the southern province did
not seem to care about us and I felt a little more at ease than when I was in
Yeonbyeon.
It was when it was getting dark that we checked into a motel. Although it was
called a “motel,” it was more like a storage room, and its surroundings made
us more nervous as we lay down to sleep. It was then that we realized we
hadn’t eaten for two days since we had gotten on the train. However, neither
of us said anything and the sense of hunger slowly faded away.
Our hearts were already in South Korea and we couldn’t sleep with the
thought of mother and father worrying about us, having left from Yeonbyeon
a month ago, and thinking what may happen to us, considering the fact that
the place we were headed conducted strict inspections. We could only wait
for the day to turn bright again.
We finished our breakfast without knowing it was even going into our mouths
and lets with the plan from the train ride. It was as if my cousin had been
there before, as he had no trouble finding the way, and I also started to feel
calmer.
However, as soon as we reached the entrance of what we thought was the
frontier, tension started to build up again. Like an old proverb that says, ‘as
luck would have it,’ rain started to fall and we appeared like beggars. Without
a second thought, my cousin and I went into a house in a village. The owner
of the house started asking questions in languages we could not understand.
(Thinking about it now, I assume the first question was in Vietnamese and the
second question was in Kwantung, which is a Southern Chinese language.)
After saying some more, he then started speaking in a language we could
finally understand. We told him that we would give him money if he could
just help us cross the border.
First he looked at us with an expression of “I don’t understand,” and then he
shook his head. He must have had a lot of thoughts after seeing how soaked
we were in the rain. We tried every method to converse with him by using our
hands, feet, and any Chinese words that we could think of left in our heads.
As time went by, he started to listen to our story. We were exhausted after the
long journey and we had to cross the border under any circumstance. We
could not stay or go back. Thankfully, the owner of the house offered us a
meal and helped us dry our clothes. Time passed and the day was getting dark
and the owner looked at us in silence. Later, he told us that he would help,
and I felt like I was flying.
5. After China
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When I woke up in the morning, the rain continued to fall and it didn’t
seemed like it was going to end anytime soon. My cousin and I started to
climb a steep mountain or cliff, just one step at a time. Perhaps it was a border,
which only the village people passed across, since it was a very rugged road.
Still, it was a road that we could take so I didn’t feel tired and I was happy.
After crossing many mountains for over two hours, we reached Vietnam.
Crossing the Border from China to Vietnam
Although the final destination was far, I was relieved since we were able to
cross the Chinese border safely. Frightened of getting caught, we rode the bus
for three nights and four days and reached the border of Vietnam. There, we
started looking for somebody who could help us. Although we were in a
country with a different language, we found ways to communicate with each
other. One of the people in our group was able to find a motorcycle driver,
who could guide us. We took out all of the little money that we had left and
started to negotiate a deal, despite the communication barrier.
Everything felt so magical. But it was too early to celebrate. We were worried
sick about crossing the border in the middle of the day. Ultimately we were
caught by the police on patrol while trying to cross the border separately on
two motorcycles. We didn’t give them money, moreover we didn’t have
enough energy to run away. But we were in a critical situation since they had
guns, which meant our lives were in danger. We were on the verge of getting
caught and repatriated since we didn’t have passports and couldn’t even
communicate.
But we were ready to do anything so my cousin and I started explaining to
them by using Chinese and English. Anyone would have agreed that it was a
gloomy situation, in with no solution. After hours and hours of examination, a
Life & Human Rights in North Korea
21
person, who seemed to be a soldier in charge, told us that he would let us go if
we paid the fine. It was out of either sympathy or that he had understood my
cousin, but he told us to make a decision. But we did not have enough money
to pay the fine so we showed our pockets and took out all the money we had.
My cousin had appealed to them saying that it was all the money we had to go
our way and we did not even have money for food. But they were unforgiving
and took all our money before letting us go.
Still I rejoiced because our lives had been saved and it truly was a miracle but
the tears of joy lasted only a few seconds before we found ourselves standing
at a crossroad that could possibly change our fate. The border was in the
middle of a plain and we could get caught if we made a mistake. However, we
had to go forward since we already made it to the border.
The gods must have helped us since we were able to safely cross the border to
Cambodia. In the fields we fell, rolled and got rashes and stretched until it
was hard to differentiate ourselves from mere animals. Even though we didn’t
have any money, my cousin and I were happy simply because we were still
alive.
It was when we were walking aimlessly during the night, assuming that we
were in Cambodia. Suddenly we heard a loud roar and soon we found
ourselves being blocked by several big men. We were again caught by the
Cambodian border guards. They started searching our bodies. When they
could not find anything, they locked us up in a branch temple that was made
out of straw. We couldn’t pay the fine since we had no money. Thinking this
might be the end, we could only stare out into the darkness. It was okay if we
starved, got ourselves beaten or scratched, or didn’t have any money. But
when I found myself getting caught after all the hardships we had endured,
tears started streaming down my face.
We weren’t repatriated even in China, but now that we will be repatriated
from Cambodia, as if I was watching a film, I could see what was to come in
the future. For hours, my cousin and I didn’t talk. Then we heard footsteps.
We thought to ourselves, “This is it.”
When the door opened, there was a person standing in the dark. Beaming the
light here and there with his flashlight, he asked for my cousins’ watch. My
cousin didn’t have a choice, since he just snatched it away from him. But the
watch wasn’t the problem. The only thought that went through our heads was
how we could escape now that we were “captives.”
But suddenly the person motioned to us to follow him and put his finger to his
lips and started to say something. At that moment, my heart fell and my mind
went everywhere. Where would we be going? Are we really being
repatriated? Or is that person going to sell us? So many thoughts went
through my head when my cousin told me to go.
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Being in a situation with no other choice, my cousin probably just wanted to
leave the place. As we walked further, even during the day, it was impossible
to find the actual road because the swamps and sloughs stretched out into
many different branches. After thirty minutes of walking across the swamp,
the person stopped us. Before we could utter a word, he whistled and a
motorcycle without its headlights on came toward us. The person said
something to the motorcycle driver and told us to ride on it. Soon we found
ourselves going back to where we came from.
Completely unaware of what was happening, the motorcycle continued to run
across the darkness. The motorcycle ran around and the swamp without
difficulty even with the headlights off. It continued running through the
village and stopped as we entered a house that was outside of the village.
There the motorcycle driver just left us without saying a word. It was clear
that we were not in a police station or a prison.
Not knowing the reason we were there or what the owner did, we just stayed
in the empty house until a robust person, presumably the owner, entered.
Without saying a word, he gave us food to eat and took us to a room and told
us to sleep. That day was the happiest day of our lives, which we would never
forget. Days passed and yet the owner still did not say anything. As time
passed anxiously, a week later, the owner brought a car and drove us out of
the house.
We drove for hours until we reached a place and were led to another car.
Inside, there was an older person wearing sunglasses looking at us smiling. As
soon as the car started running, to our surprise, he started speaking in Korean,
which was similar to the Pyeongyang accent. Without a doubt we thought we
were caught by the National Security Agency. He told us that he was a North
Korean working in Cambodia. We couldn’t breathe and our hearts froze
instantly.
6. Rebirth
As the car stopped, we pulled ourselves together. Then we realized that we
were led to a house with a big garden. The atmosphere of the house was
unexpectedly not something that froze our hearts. There was a cross hanging
on the wall, and there was music playing, nothing like music I had heard
before in my entire life. Then, the person who had brought us started to
explain. He said, “Aren’t you the North Korean defectors who wanted to go to
South Korea?” and added that the place we were in right then was a church
and he was a messenger.
Everything he said was unbelievable. What surprised us more was that we
were now not in prison handcuffed, but were soon going to South Korea. It
had been forty-five days since we had left Yenji. Finally, we had arrived at a
destination where we could go to South Korea. We met some people who had
Life & Human Rights in North Korea
23
gone through harder times than we had.
A man had bled his way, a young mom fed her baby a sleeping pill when
crossing the border, an elder buried his seven year old son in a desert because
there had not been a sip of water, a lover had to watch his girlfriend get raped
right in front of his eyes helplessly; these were the very movie-like realities
that the North Korean defectors had gone through.
There I learned of God for the first time in my life and learned a song. This
long and rough road of life, a hopeless road of a vagabond I had lived
aimlessly wandering and being at a loss, wanting this lonely body to be
comforted. I had succumbed to world’s temptation and had lost everything.
With a heavy burden on my back, my body was miserable with nowhere to
rest. Whether I pass out or fall, I had no one to console me. Being cast out
from the world, I have dissipated the priceless times. Only when I met my
father did I realize I have been a sinner.
Repenting with tears, I threw myself into my father’s arms, nailed my body
sullied with sin onto the Holy Cross. Nothing can measure up to the happiness
of being saved I praise my Jesus for allowing me the glorious road.
7. Saetoemin (A settlement place for North Korean refugees in South Korea)
I now live with my father and mother. I am giving myself another chance in a
new land. Sometimes I make big and small mistakes, and I have tried to enjoy
freedom to its very extreme like a hungry young wolf roaming about in a
widespread plain.
On the outside I smile, but all my past experiences piled up throughout the
long time that had hurt and are hurting me. I keep crying out in my bruised
little heart, as I run and roll around in the free land of South Korea. I am
searching for a true life.
I also needed the time to adapt. Everything is free, abundant, and bright, but
on the one side it is empty. It is a life with something seeming to be missing.
It was when I came to South Korea that I realized the great strength of our
people. It was a life challenge that only North Korean defectors could face.
What would have been the last wishes of our ancestors, who have passed
away, having only lived as North Korean defectors, doing what others tell
them to do and being thought of as less than scum? How many parents in this
world would there be, who have lived their lives wishing “at least my
children?” I believe that what we are going through is a truly historical phase
and an unstoppable flow of the century. I sing again in my heart “our wish is
reunification.”
■ Translated by Lee Ju-hyang and Kyun Sung-Ah
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DOCUMENT___________________________________________________
CRC/C/PRK/CO/4
XX January 2009
Original: English
COMMITTEE ON THE RIGHTS OF THE CHILD
Fiftieth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE COVENTION
Concluding Observations: DEMOCRATIC PEOPLE’S REPUBLIC OF
KOREA
1. The Committee considered the combined third and fourth periodic report of
the Democratic People’s Republic of Korea (CRC/C/PRK/4) at its 1388th and
1389th meetings (see CRC/C/SR.1388 and 1389), held on 23 January 2009,
and adopted, at the 1398th meeting, held on 29 January 2009, the following
concluding observations.
A. Introduction
2. The Committee welcomes the timely submission of the combined third and
fourth periodic report, the written replies to its list of issues
(CRC/C/PRK/Q/4/Add.1) and the constructive dialogue with the delegation of
the State party. The Committee regrets, however, that the paucity of
information provided by the State party regard to the actual enjoyment of
rights by children in DPRK has made it difficult to assess the progress
achieved in the implementation of the Convention.
B. Follow-up measures and progress achieved by the State party
3. The Committee notes with appreciation the adoption of many
administrative and other measures taken with a view to implementing the
Convention, including:
a) The Strategy for the Promotion of Reproductive Health (2006-2010),
Life & Human Rights in North Korea
25
adopted in May 2006;
b) the Strategy for Prevention of AIDS for 2002-2007;
c) the Primary Health Care Strategy, the Medicine Strategy and other
sector-specific strategies for 2008-2012 with particular emphasis on
healthcare of mothers and children;
d) the comprehensive Action Plan for Persons with Disabilities for 2008-
2010;
e) the national census, conducted in October 2008; and
f) the establishment of the Central Committee of the Korean Federation for
the Protection of Persons with Disabilities, in July 2005, responsible for
coordinating the implementation of the relevant State policy for children
with disabilities, including social support.
4. The Committee also notes the amendments made to various legislative
provisions to enhance the implementation of the Convention, including the
Social Security Law and the Family Code.
C. Main areas of concern and recommendations
1. General measures of implementation
(arts. 4, 42 and 44, paragraph 6 of the Convention)
Committee’s previous recommendations
5. The Committee notes that several concerns and recommendations made
upon the consideration of the State party’s second periodic report
(CRC/C/15/Add.239) have been addressed. However, it regrets that many of
its concerns and recommendations have been insufficiently or only partly
addressed, including those related to: data collection; allocation of resources;
alternative care; health; education; and special protection measures.
6. The Committee urges the State party to take all necessary measures to
address those recommendations from the concluding observations of the
second periodic report that have not yet been implemented or sufficiently
implemented and to provide adequate follow-up to the recommendations
contained in the present concluding observations on the combined third
and fourth periodic report.
Legislation
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7. While the Committee notes the efforts undertaken by the State party to
harmonize legislation in order to ensure greater consistency with the
Convention, it remains concerned that some aspects of domestic legislation
remain inconsistent with the principles and provisions of the Convention.
8. The Committee recommends that the State party continue to
harmonise its legislation with the principles and provisions of the
Convention and strengthen the implementation of domestic legislation.
Furthermore, the Committee reiterates its previous recommendation to
the State party to enact a comprehensive legislative act on the rights of
children, with a view to ensuring that all children aged under 18 are fully
protected in line with article 1 of the Convention.
National Plan of Action
9. The Committee regrets the paucity of information regarding the allocation
of resources for the implementation of the National Programme of Action for
the Well-Being of Children (2001-2010). The Committee is also concerned
about the absence of information regarding any assessment and evaluation of
the implementation of this National Programme of Action and other relevant
action plans thus far.
10. The Committee recommends that the State party provide a specific
budget allocation and adequate follow-up mechanisms for full
implementation of the National Programme of Action for the Well-Being
of Children and other relevant action plans and ensure that it is equipped
with an evaluation and monitoring mechanism to regularly assess
progress achieved and identify possible deficiencies.
Independent Monitoring
11. While welcoming the information that children may lodge
petitions/complaints with the existing official channels, either directly or
thorough his/her guardian or representative, the Committee is concerned about
the absence of an independent body for filing complaints and monitoring the
implementation of the Convention.
12. The Committee urges the State party to take the necessary measures
to ensure that its complaint mechanisms are independent, easily
accessible to and user-friendly for all children, to deal with complaints of
violations of their rights and to provide remedies for such violations in a
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27
manner respectful of their right to privacy. Furthermore, the Committee
reiterates its recommendation to establish an independent, child-friendly
monitoring mechanism such as an ombudsman for children in
accordance with the Paris Principles (A/RES/48/134), and draws
attention to its general comment No. 2 on National Human Rights
Institutions. Furthermore, this body should be provided with adequate
human and financial resources to carry out its mandate effectively.
Cooperation with civil society
13. While noting the statement by the State party that “no restriction is placed
on the activities of the NGOs and inter-governmental organisations for the
implementation of the Convention” (CRC/C/PRK/Q/4/Add.1), the Committee
however is concerned that that existing NGOs lack the autonomy which
distinguishes them from state-sponsored organisations. The Committee also
regrets that it did not receive any information from civil society organisations
in DPRK on the implementation of the Convention.
14. The Committee encourage the State party to create an open and
enabling environment that allows for the development of autonomous and
vibrant civil society within its borders and to systematically involve them
in the implementation of the Convention. The Committee further invites
the State party to involve civil society organisations in the drafting of the
next periodic report, and to encourage them to provide independent
information to the Committee.
Allocation of resources
15. While noting the State party’s information regarding the increased budget
allocations to the health and education sectors, the Committee is concerned
that these are not sufficient to achieve the millennium development goals
related to health and education of children. The Committee also regrets that
the lack of meaningful statistical data on the allocation of resources for
children in the State party has made it difficult to assess the progress achieved
by the State party in this regard.
16. The Committee strongly recommends that the State party, in
accordance with article 4 of the Convention, increase budget allocations
for the implementation of the rights recognised in the Convention, ensure
a more balanced distribution of resources throughout the country and
prioritize budgetary allocations to ensure implementation of the
economic, social and cultural rights of all children, including those
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belonging to economically disadvantaged groups. The Committee also
encourages the State party to seek and accept international assistance in
this regard. The Committee further recommends the State party to
introduce resource tracking from a child right’s perspective with a view
to monitoring resource allocations for children, and to include its results
in the next periodic report.
Data collection
17. The Committee, while welcoming the accomplishment of a census
conducted in October 2008, notes with concern that the lack of reliable
statistics in the State party report are hampering effective follow-up or
evaluation of the implementation of the Convention. The Committee is
particularly concerned that data that is disaggregated in important areas of the
Convention are not available, such as health, education, child abuse and
neglect, juvenile justice, and in particular, with regard to vulnerable groups of
children, such as children living in remote areas, children in extreme poverty
and children working and/or living in streets.
18. The Committee reiterates its recommendation that the State party
strengthen its efforts to develop a comprehensive system of collection of
data on the implementation of the Convention. The data should cover all
children below the age of 18 years and be disaggregated by sex,
urban/rural residence and vulnerable groups of children. The Committee
encourages the State party to further its cooperation with UNICEF in this
regard.
2. General Principles
(arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
19. The Committee is concerned that, despite the Constitutional guarantees,
the principle of non-discrimination is not fully respected in practice, vis-à-vis
children with disabilities, children living in institutions, and children who are
in conflict with the law. The Committee is further concerned that children may
face discrimination on the basis of the political or other opinion, social origin,
or other status, either of themselves, or of their parents..
20. The Committee recommends that the State party monitor and ensure
implementation of existing laws guaranteeing the principle of non-
discrimination and full compliance with article 2 of the Convention.
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Best interests of the child
21. The Committee is concerned that the principle of the best interests of the
child is not systematically integrated into all policies and legislation affecting
children, and notes that this concern is closely linked, inter alia, to the
allocation of insufficient resources for the respect and protection of children’s
rights.
22. The Committee recommends that the State party make additional
efforts to ensure that the best interests of children are respected in all
policies and legislation affecting children. The Committee urges the State
party to ensure that best interests of the child is the primary
consideration in the allocation of resources, including international
assistance, and to undertake awareness-raising among the public at large
and professionals who work for and with children in this regard.
Right to life, survival and development
23. The Committee is deeply concerned that children’s right to life, survival
and development continue to be severely violated within the State party. The
Committee is particularly concerned about stunting, wasting and deaths of
children resulting from severe malnutrition.
24. In light of article 6 and other relevant provisions of the Convention,
the Committee urges the State party to make every effort to reinforce
protection of the right to life and development of all children within the
State party, through policies, programmes and services that target and
guarantee protection of this right, by, inter alia, strengthening
international cooperation.
Respect for the views of the child
25. The Committee notes the State party’s efforts to promote and respect
children’s right to express their views and to participate in society, such as
children’s newspapers and magazines, news boards in schools and contests.
Nevertheless, the Committee notes with concern that the existing structures
for child participation may limit children’s right to express their views in
schools and in the community at large.
26. The Committee recommends that the State party further promote,
facilitate and implement in practice, within the family, schools, the
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community level, in institutions as well as in judicial and administrative
procedures, the principle of respect for the views of children and their
participation in all matters affecting them. In this regard, the Committee
draws the attention of the State party to article 12 of the Convention and
the recommendations adopted by the Committee after the Day of General
Discussion on the right of the child to be heard in 2006.
3. Civil Rights and Freedoms
(arts. 7, 8, 13-17 and 37(a) of the Convention)
Freedom of expression/freedom of association and peaceful assembly
27. The Committee is concerned that the right of the child to freedom of
expression, including to receive information, and to freedom of association
and peaceful assembly are not guaranteed due to the extensive interpretation
of the security concerns by the State party.
28. The Committee recommends that the State party take all necessary
measures to ensure the full practical implementation of the rights to
freedom of expression and freedom of association and peaceful assembly,
in accordance with articles 13 and 15 of the Convention.
Freedom of thought, conscience and religion
29. In light of articles 14 and 30 of the Convention and the 1981 Declaration
on the Elimination of All Forms of Intolerance and of Discrimination Based
on Religion or Belief (General Assembly resolution 36/55), the Committee is
concerned that the right of the child to freedom of thought, conscience and
religion is not duly respected and protected in the State party.
30. The Committee recommends that the State party respect the right of
the child to freedom of thought, conscience and religion by taking
effective measures to prevent and eliminate all forms of discrimination on
the grounds of religion or belief and by promoting religious tolerance and
dialogue in society.
Torture and inhuman or degrading treatment or punishment
31. The Committee is concerned about the information received that children
have been subjected to severe ill-treatment while in detention, including street
children (kkotjebis), children who crossed the border without permission and
other children taken into custody of the police or other state agencies.
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32. In light of article 37 (a) of the Convention, the Committee strongly
recommends that the State party:
a) Include a provision in its domestic legislation prohibiting children
from being subjected to torture and establishing appropriate
sanctions against the perpetrators of torture;
b) Investigate and prosecute all cases of torture and ill-treatment of
children;
c) Ensure that alleged perpetrators are suspended while they are
under investigation, and punished if convicted, and that court
proceedings and sentences are publicized;
d) Train law enforcement personnel on child rights issues; and
e) In the light of article 39, take all appropriate measures to ensure the
physical and psychological recovery and social integration of child
victims of torture and/or ill-treatment; and
f) Consider ratifying the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and its Optional
Protocol.
Follow-up to the UN Study on Violence against Children
33. With reference to the United Nations Secretary-General’s Study on
violence against children (A/61/299), the Committee recommends the
State party to:
a) Take all necessary measures to implement recommendations of the
United Nations Study on violence against children (A/61/299), taking
into account the outcome and recommendations of the Regional
Consultation for East Asia and the Pacific held in Bangkok from 14 to
16 June 2005, In particular, the Committee recommends that the State
party pay particular attention to the following recommendations:
(i) Prohibit all forms of violence against children;
(ii) Enhance the capacity of all who work with and for children;
(iii) Provide recovery and social reintegration services;
(iv) Create accessible and child-friendly reporting systems and services;
(v) Ensure accountability and end impunity;
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(vi) Develop and implement systematic national data collection and research;
b) Use the recommendations of the Study as a tool for action in
partnership with civil society and, in particular, with the involvement
of children to ensure that all children are protected from all forms of
physical, sexual and psychological violence and to gain momentum for
concrete and time-bound actions to prevent and respond to such
violence and abuse; and
c) Seek technical cooperation in this respect from OHCHR, UNICEF
and WHO and other relevant agencies, as well as NGO partners.
4. Family Environment and Alternative Care
(arts. 5; 18 (paras. 1-2); 9-11; 19-21; 25; 27 (para.4); and 39 of the
Convention)
Family environment
34. The Committee welcomes that “the state has invariably recognized the
principle that parents have primary responsibilities for the upbringing and
development of their children, while rendering appropriate assistance to
parents so that they can fulfil their responsibilities and obligations
satisfactorily” (CRC/C/PRK/Q/4/Add.1) and notes the efforts of the State
party to provide support to foster care families as an alternative to
institutionalization. However, the Committee is alarmed that that many of the
children placed in residential care are in fact not orphans and that a large
number of children are customarily placed in residential institutions due to the
lack of effective gate-keeping mechanisms or care alternatives. The
Committee also reiterates its previous concern that triplets are automatically
institutionalised by the State and that parents are not offered alternative
solutions that would allow them to raise these children at home. The
Committee is also concerned about the situation of children whose parents are
detained.
35. The Committee strongly encourages the State party to allocate
sufficient resources to provide adequate social services support and
assistance for all families, with a view to ensuring that children are
institutionalised only as a last resort. The Committee also recommends
the State party further strengthen the foster care system by, inter alia,
conducting public programmes to increase the number of foster families
and providing sufficient financial and other resources.
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Alternative care/children deprived of family environment
36. While noting the information in the State party report that the “living
conditions at orphans’ nurseries, kindergartens and schools remarkably
improved during the period under review” (para. 69), the Committee
expresses its concern at the significant number of children who are placed in
institutions and that the living conditions in many of these institutions
continue to be below internationally acceptable standards. The Committee is
concerned that adequate and effective monitoring of the quality of these
facilities is lacking, and that the placement of children in alternative care is
frequently not decided with respect to the best interest of the child. The
Committee is also concerned about the reported use of corporal punishment in
alternative care institutions.
37. The Committee recommends that the State party:
a) Undertake a study to assess the situation of children placed in
institutions, including their living conditions and the services
provided;
b) Develop programmes and policies to reduce the placement of
children in institutions, inter alia by providing support and guidance
to the most vulnerable families, encouraging care in foster families
wherever possible, and by conducting awareness-raising campaigns;
c) Take all necessary measures to allow children placed in institutions
to return to their families whenever possible and consider the
placement of children in institutions only when it is deemed to be in
the best interest of the child and for the shortest time possible; and
d) Take strengthened measures to sensitize professionals working with
children to the harm caused by corporal punishment and promote an
alternative, non-violent forms of discipline, as foreseen in article 28,
paragraph 2, of the Convention;
e) Ensure the provision of sufficient resources for alternative care
institutions with regard, inter alia, to staff training, food, health,
clothing, water, electricity and school material requirements;
f) Set clear quality standards for existing institutions and ensure
periodic review of the placement, with the participation of children, in
light of article 25 of the Convention and the recommendations emitted
Citizens’ Alliance for North Korean Human Rights (NKHR)
34
after the General Day of Discussion on children without parental care
in 2005.
Adoption
38. The Committee notes with appreciation that “the National Coordinating
Committee for the Implementation of the Convention on the Rights of the
Child (NCRC) made recommendations to the legislative body on concretizing
adoption matters in the Family Law or its implementation regulations, which
is now under consideration” (para. 123, State party report) in accordance with
the previous recommendations of the Committee.
39. The Committee recommends the State party to follow up on the
recommendations of the NCRC to review the legislative framework of
domestic and intercountry adoption. The Committee also reiterates its
previous recommendation to the State party to consider becoming a party
to the 1993 Hague Convention on Protection of Children and Cooperation
in Respect of Intercountry Adoption.
Abuse and Neglect
40. The Committee notes with concern the absence of comprehensive data and
information on child abuse and neglect in the home and in care institutions,
and the lack of comprehensive policy for the prevention and combat of child
abuse and neglect.
41. The Committee urges the State party to:
a) undertake a comprehensive study in order to understand the nature
and extent of abuse and neglect in all settings, and use this as a basis
for the formulation of policies and programmes to combat abuse and
neglect of children;
b) reinforce mechanisms for monitoring the number of cases and the
extent of violence, sexual abuse and neglect;
c) ensure that professionals working with children (including teachers,
medical professionals, members of the police and the judiciary)
receive training on their obligation to report and take appropriate
action in suspected cases of abuse and violence affecting children;
d) carry out preventive public education campaigns about the
consequences of the abuse and ill-treatment of children;
Life & Human Rights in North Korea
35
d) strengthen support for victims of abuse and neglect in order to
ensure their access to adequate services for recovery, counselling and
other forms of rehabilitation; and
e) establish a toll-free child helpline service, in order to be able to
reach out to children in remote areas throughout the country.
5. Basic Health and Welfare
(arts. 6; 18, para.3; 23; 24; 26; 27, paras 1-3 of the Convention)
Children with disabilities
42. The Committee notes with appreciation various measures taken by the
State party aimed to assist children with disabilities, including the action plans
for persons with disabilities for 2008-2010 and the planned national survey of
persons with disabilities with a view to collecting reliable statistics conducive
to further improving the protection and care of persons with disabilities,
including children with disabilities. However, the Committee is concerned
about the de facto discrimination faced by children with disabilities and the
lack of community-based services for those children and families.
43. The Committee recommends that the State party, taking into account
the General Comment No. 9 (2006) on the rights of children with
disabilities (CRC/C/GC/9) and the Standard Rules for Equalizing the
Possibilities for Persons with Disabilities, adopted by the United Nations
General Assembly on 23 December 1993, continue to strengthen measures
to protect and promote the rights of children with disabilities, by, inter
alia:
a) undertaking the necessary measures to collect accurate disaggregated
statistical data on children with disabilities;
b) adopting a comprehensive policy for children with disabilities;
c) including a specific focus on children in the Action Plan for Persons
with Disabilities for 2008-2010;
d) pursuing efforts to ensure that children with disabilities may exercise
their right to education to the maximum extent possible;
e) undertaking greater efforts to make available the necessary
professional (i.e. disability specialists) and financial resources, especially
at the local level and to promote and expand community-based
rehabilitation programmes, including parent support groups; and
Citizens’ Alliance for North Korean Human Rights (NKHR)
36
f) considering the ratification of the Convention on the Rights of
Persons with Disabilities and its Optional Protocol.
Health and health services
44. The Committee welcomes the various measures undertaken by the State
party in the area of health, including the adoption of the Strategy for the
Promotion of Reproductive Health (2006-2010) and the Strategy for
Prevention of AIDS for 2002-2007; as well as the focus placed on the
healthcare of mothers and children in the Primary Health Care Strategy, the
Medicine Strategy and other sector-specific strategies for 2008-2012. The
Committee also notes the comprehensive health service system and welcomes
the expansion of the gravity-fed water supply system for the provision of
clean drinking water. However, the Committee remains concerned about:
a) the survival and development of children in the State party which
continue to be threatened by chronic and severe malnutrition;
b) early childhood diseases, such as acute respiratory infections and
diarrhoea;
c) the impact upon the health of children in early childhood of poor
maternal health, as indicated by high rates of anaemia and malnutrition
among pregnant women;
d) poor quality of drinking water and poor hygiene practices which
continue to have seriously negative impact on health of children in the
State party; and
e) acess to medicines, which are not available free-of-charge for all
children.
45. The Committee urges the State party to:
a) Continue to address, as matter of urgency, the high rates of
malnutrition of children and mothers, and develop campaigns to
inform parents about basic child health and nutrition, advantages of
breastfeeding, hygiene and environmental sanitation and reproductive
health;
b) Consider establishing a governmental body in charge of maternal
and child health care and development at the executive and sub-
national levels;
Life & Human Rights in North Korea
37
c) Ensure the effectiveness of the system of fully subsidised healthcare
that ensures the provision of the highest standard of health for all
children, paying special attention to the most vulnerable families,
including those in rural and remote areas and ensure that free, or
affordable medicines is available for all children; and
d) Take further measures to improve access to safe drinking water and
improve hygiene practices, with a view to preventing and combating
the damaging effects of low-quality or contaminated water supplies, in
light of article 24 (c) of the Convention.
Adolescent health
46. While welcoming the important role played by the Korean Association of
Family Planning and Maternal and Child Health, and that the National
Coordinating Committee for the Implementation of the Convention on the
Rights of the Child (NCRC) has included family planning in the Strategy for
the Promotion of Reproductive Health as one of the priority issues, the
Committee is concerned that unmarried adolescent girls may not have
sufficient and confidential access to reproductive health services and
information. The Committee is particularly concerned by the information that
adolescent girls may resort to unsafe abortions.
47. The Committee recommends that the State party:
a) The Committee reiterates its previous recommendation that the
State party undertake a comprehensive study in order to understand
the nature and extent of adolescent health problems, with the full
participation of adolescents, and use this as a basis for the formulation
of adolescent health policies and programmes, with particular
attention to female adolescents; and
b) Strengthen measures to promote access to reproductive health
services for all adolescents in all parts of the country, including sex
and reproductive health education in schools as well as youth-sensitive
and confidential counselling and health care services, taking into due
account the Committee’s General Comment no 4. on adolescent health
and development in the context of the Convention (CRC/GC/2003/4).
Mental health
48. The Committee is concerned at the absence of services or a clear strategy
Citizens’ Alliance for North Korean Human Rights (NKHR)
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to address the needs of children with mental health disorders and at the
situation of mental health among children.
49. The Committee recommends that the State party ensure the
availability of mental health assistance to children, taking into
consideration the developmental needs of children.
Standard of living
50. The Committee notes with deep concern the persistence of widespread
poverty in the country and that the overall standard of living of children
remains very low, in particular, with regard to access to, and availability of,
food, safe drinking water and sanitation.
51. The Committee recommends that the State party take steps to
improve the standard of living of children, giving particular attention to
improving food availability as well as the quality of water and sanitation
in all parts of the country. The Committee also highlights the need to
improve access by United Nations agencies in order to ensure the equal
distribution of humanitarian assistance provision, including food aid.
6. Education, Leisure and Cultural Activities
(arts. 28, 29 and 31 of the Convention)
Education, including vocational training and guidance
52. The Committee notes with appreciation the National Plan of Action on
Education for All (2003-2015), the compulsory pre-school year, and the
School Assistance Fund, aimed to support the reconstruction of schools.
However, the Committee remains concerned that the general quality of
education and the school infrastructure have suffered considerably as a result
of structural lack of resources. The Committee is also concerned about the
high rate of non-attendance due to natural disasters or economic hardship, and
note with concern that additional costs associated with schooling may be a
contributing factor to the problem of non-attendance. The Committee is also
concerned that children spend significant proportion of their time allocated for
instruction for the purposes of agricultural work, festivity preparations
including the “arirang” festival, and providing services to teachers to the
extent that may lower achievement and quality of education..
53. The Committee is concerned that the values and rights recognized in
article 29b of the Convention on the aims of education are not fully reflected
Life & Human Rights in North Korea
39
in the school curricula. The Committee also regrets that human rights
education, including about the Convention, is not included in the school
curricula.
54. The Committee recommends that the State party:
a) increase budget allocations to the educational sector;
b) focus on an overall improvement of the quality of education
provided, and ensure that school curricula and teacher training
programmes fully reflect article 29 of the Convention, duly taking into
account general comment No. 1 on aims of education;
c) ensure that the time allocated to extra-curricular activities,
including agricultural work, do not interfere with the child’s learning
process;
d) take immediate measures to eliminate the burden of additional
costs of schooling; and
e) incorporate human rights education, including the Convention, in
school curricula, and to take measures to implement the Plan of
Action for the first phase of the World Programme for Human Rights
Education, adopted by all United Nations Member States on 14 July
2005 (General Assembly resolution 59/113B) .
7. Special Protection Measures
(arts. 22; 30; 38; 39; 40; 37 (b)-(d); 32-36 of the Convention)
Returnee children
55. While noting the State party’s position that there are no refugee children in
the State party, the Committee is concerned about children who cross the
border into neighbouring countries who may face harsh treatment upon return
or repatriation.
56. The Committee recommends that the State party ensures that no
persons under the age of 18 are subjected to punishment for leaving the
territory of the State party without due authorisation.
Children affected by armed conflict
57. While noting that the State party is “still in the state of armistice and under
constant threat and pressure from outside hostile forces” (State party report,
Citizens’ Alliance for North Korean Human Rights (NKHR)
40
para. 89), the Committee notes with concern the negative impact of such
political climate on children in the State party. In particular, the Committee is
concerned about the vulnerability to socio-economic deprivation, and the
military aspects of education, which could have a negative impact on the
realisation of the aims of education as described in article 29 of the
Convention.
58. In light of article 38 and other related articles of the Convention, the
Committee recommends that the State party protect children from the
effects of the 1953 armistice or other strife within the State party, in
particular, by:
a) Ensuring that the protection and promotion of children’s rights are
given due consideration in efforts to reach peace negotiations/ceasefire
agreements;
b) Ensuring that recruitment is genuinely voluntary when recruiting
children, and that priority will be given to the oldest applicants;
c) Taking all necessary measures to avoid the early militarization of
children, in particular in schools, by inter alia, taking into account
article 29 of the Convention on aims of education;
d) Include peace education in school curricula and to encourage a
culture of peace and tolerance within schools; and
e) Considering the ratification of the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children
in armed conflict at the earliest opportunity.
Economic exploitation, including child labour
59. The Committee notes with concern the scarcity of information with regard
to children and hazardous labour in the State party. While noting that the
Constitution of the State party prohibits child labour, the Committee is also
concerned children allegedly engage, as part of their schooling, in work which
by far exceeds vocational education goals and is physically highly demanding.
The Committee further notes with concern that the labour laws of the State
party do not prohibit harmful or hazardous work for children aged under 18.
60. The Committee recommend that the State party take urgent measures
to monitor and address exploitative forms of child labour, by, inter alia:
a) Amending the labour laws, applicable to all places of employment,
including industrial complexes, to explicitly prohibit employment of
Life & Human Rights in North Korea
41
children under 18 in harmful or hazardous work;
b) Ensure that work performed by children as part of their schooling
does not jeopardize their right to education and/or their physical and
mental health;
c) Improving monitoring mechanisms, including by strengthening the
labour inspectorate, in order to enforce existing labour laws and
protect children from economic exploitation; and
d) Consider joining the International Labour Organization (ILO) with
a view to ratifying the Worst Forms of Child Labour Convention (No.
182) and the Minimum Age for Admission to Employment Convention
(No. 138).
Substance abuse
61. The Committee is concerned about the harmful effects of substance
consumption on the physical, emotional and psychological development and
well-being of children in the State party. The Committee also expresses
concern at the reportedly growing incidence of substance abuse by children
and information that children are being mobilised to work on state opium
poppy farms.
62. The Committee urges the State party to strictly enforce legislation
prohibiting sale, use and trafficking of controlled substances by children,
including opium, and to provide effective structures and procedures for
treatment, counselling, recovery and reintegration. The Committee
further recommends that parents are educated, through, inter alia,
awareness-raising campaigns, on the harmful effects of substance
consumption on the development and well-being of children.
Street children
63. In view of the significant number of children living on the street who are
known as Khojetbis, the Committee regrets the paucity of information about
specific programmes and measures to address their situation.
64. The Committee recommends that the State party:
a) Undertake a study on the causes and scope of this phenomenon and
establish comprehensive strategy to address
the particular
vulnerability of street children;
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b) Take effective measures to ensure that street children are provided
with adequate nutrition, clothing, housing, health care and
educational opportunities, including vocational and life-skills training
through appropriate alternative care, using a participatory approach,
in order to support their full development;
c) Ensure that these children are provided with recovery and
reintegration services when victims of physical, sexual and substance
abuse, protected from police brutality and provided with services for
reintegration with their families and community; and
d) Seek technical assistance from, inter alia, UNICEF in this regard.
Sexual exploitation
65. The Committee notes that, according to the State party, there has been no
case of sexual exploitation and abuse of children reported. The Committee is
nevertheless concerned about the paucity of information regarding the extent
of sexual exploitation and prostitution of children in the State party, and in
particular, expresses concern about the absence of:
a) study on the nature and extent of sexual exploitation and abuse of
children in all settings, in all parts of the country
b) comprehensive legislation to prevent sexual exploitation of children;
and
c) protection and/or recovery assistance and social reintegration for
children who are victims of sexual exploitation.
66. The Committee recommends that the State party:
a) Strengthen legislative and other measures to prevent sexual
exploitation of children;
b) Take appropriate legal and other measures to protect children who
are victims of sexual exploitation and bring perpetrators of sexual
abuse and exploitation to justice;
c) Prioritize recovery assistance and ensure that education and
training, as well as psychological assistance and counselling, are
provided to victims.
d) Train law-enforcement officials, judges and prosecutors on how to
receive, monitor and investigate complaints, and in a child-sensitive
Life & Human Rights in North Korea
43
manner that respects confidentiality;
e) Implement appropriate policies and programmes for the prevention,
recovery and social reintegration of child victims, in accordance with
the Declaration and Agenda for Action and the Global Commitment
adopted at the first, second and third World Congress against
Commercial Sexual Exploitation of Children in 1996, 2001 and 2008;
and
f) Be guided in this respect by the UN Guidelines on Justice in Matters
involving Child Victims and Witnesses of Crime (ECOSOC Resolution
No. 2005/20); and
g) Consider ratifying the Optional Protocol on the sale of children,
child prostitution and child pornography.
Trafficking
67. While noting that the State party has not recorded any cases of child
trafficking and abduction, the Committee notes with concern reports of
trafficking of persons, including children, to China. In this connection, the
Committee is seriously concerned that there are no laws that specifically
address trafficking in persons in the State party. Furthermore, the Committee
is concerned that children who have been victims of trafficking, and
subsequently return, or are repatriated to the State party, may be subject to
criminal punishment.
68. The Committee recommends that the State party ensure that
trafficked children are regarded and protected as victims and not
criminalized, and that they are provided with adequate recovery and
social reintegration services and programmes. The Committee also invites
the State party to consider ratifying the United Nations Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the United Nations Convention against
Transnational Organized Crime.
Administration of juvenile justice
69. The Committee notes that in cases of crimes committed by children
between the age of 14 and 17, the child is subject to “public education
measures”. In this regard, the Committee regrets the lack of information
provided by the State party on these measures, specifically, how and by whom
Citizens’ Alliance for North Korean Human Rights (NKHR)
44
the decision is made to commit a child to these measures; what procedural
guarantees exist; what types of sanctions are imposed as “public education
measure”; their duration; and whether they fully respect the rights of the child
as provided by the Convention.
70. Furthermore, the Committee regrets that the State party has not developed
a full-fledged juvenile justice system in compliance with the Convention and
other relevant United Nations standards.
71.
The
Committee
reiterates
its
previous
recommendation
(CRC/C/15/Add.239, para. 65 (d)) to the State party to provide in its next
periodic report detailed information on how the non-judicial approach of
the State party conforms to the human rights safeguards enshrined in
articles 37, 39 and 40 of the Convention and the nature and application of
“public education measures”.
72. The Committee also urges the State party to bring the system of
juvenile justice, applicable to children aged between 14 and 18, fully in
line with the Convention, in particular articles 37, 40 and 39, and with
other United Nations standards in the field of juvenile justice, including
the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (the Bejing Rules), the United Nations Guidelines for the
Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United
Nations Rules for the Protection of Juveniles Deprived of Their Liberty
(the Havana Rules) and the Vienna Guidelines for Action on Children in
the Criminal Justice System; and the Committee’s general comment
No.10 (2007) on children's rights in juvenile justice. In this regard, the
Committee recommends that the State party in particular:
a) consider the establishment of juvenile courts and the appointment
of trained juvenile judges in all regions of the State party;
b) ensure that all professionals involved with the system of juvenile
justice are trained on relevant international standards;
c) take a holistic approach to addressing the problem of juvenile crime
(e.g. addressing underlying social factors) advocated in the
Convention, using alternative measures to detention such as diversion,
probation, counselling, community service or suspended sentences,
wherever possible;
d) ensure that children, before any form of sanctions, including
“public education measures”, are provided with legal and other
assistance at an early stage of the procedure;
Life & Human Rights in North Korea
45
e) ensure that children are provided with basic services (e.g. schooling
and healthcare) during the entire procedure;
f) ensure that punishment imposed, including “public education
measures”, do not involve any form of corporal punishment;
g) establish an independent child-sensitive and accessible system for
the reception and processing of complaints by children and investigate,
prosecute and punish cases of violations committed by law-
enforcement personnel and prisons guards; and
h) be guided in this respect by the United Nations Guidelines on
Justice in Matters involving Child Victims and Witnesses of Crime
(Economic and Social Council resolution 2005/20).
73. Furthermore, the Committee strongly recommends that the State
party consider seeking technical assistance in the area of juvenile justice
from UNICEF and the UN Interagency Panel on Juvenile Justice.
9. Optional Protocols to the Convention on the Rights of the Child
74. The Committee recommends that the State party ratify the Optional
Protocols to the Convention on the sale of children, child prostitution and
child pornography, and on the involvement of children in armed conflict.
9. Ratification of international human rights instruments
75. The Committee is of the opinion that the ratification of or accession to
other international core human rights instruments, would strengthen the efforts
of the State party to meet its obligations in guaranteeing the full realization of
rights of all children under its jurisdiction.
76. The Committee encourages the State party to ratify or accede to all
core international human rights instruments and ensure prompt
compliance and implementation with reporting requirements in order to
promote and improve the overall protection of human rights.
10. Follow-up and dissemination
Follow-up
77. The Committee recommends that the State party take all appropriate
measures to ensure full implementation of the present recommendations,
inter alia, by transmitting them to the Supreme People’s Assembly
Citizens’ Alliance for North Korean Human Rights (NKHR)
46
(Parliament), relevant ministries and the municipal authorities for
appropriate consideration and further action.
Dissemination
78. The Committee further recommends that the combined third and
fourth periodic report and written replies submitted by the State party
and related recommendations (concluding observations) it adopted be
made widely available to the public at large, civil society organizations,
youth groups, and children in order to generate debate and awareness of
the Convention, its implementation and monitoring.
11. Next report
79. The Committee invites the State party to submit the 5
th
periodic
report, by 20 October 2012. This report should not exceed 120 pages (see
CRC/C/118).
80. The Committee also invites the State party to submit an updated core
document in accordance with the requirements of the common core
document in the “Harmonized guidelines on reporting under the
international human rights treaties, including guidelines on a common
core document and treaty-specific documents”, approved at the Fifth
Inter-Committee meeting of the human rights treaty bodies in June 2006
(HRI/MC/2006/3).
Life & Human Rights in North Korea
47
The Citizens’ Alliance for North Korean Human Rights (NKHR).
aims to protect the lives of North Koreans and to defend their
human rights. The ultimate goal is to create an environment for a
peaceful North-South reunification and a harmonious national
community.
NKHR endeavors to accomplish these goals in the following ways:
-
Collect and publicize facts and other information on the current North
Korean human rights situation, particularly regarding political prison
camps.
_
Propose to international organizations to prosecute and condemn the
North Korean human rights situation, particularly with respect to the
forced labor of political prisoners.
_
Protect the lives and human rights of North Korean refugees.
_
Assist North Korean defectors living in South Korea, focusing on
youth education.
_
Coordinate efforts with other human rights organizations to fulfill the
programs mentioned above.
Life & Human Rights in North Korea
Citizens' Alliance for North Korean Human Rights (NKHR)
301.Shim-Ji Bld. 10-22 Gyobuk-dong, Jongno-gu, Seoul, 110-090, Korea
TEL: +82-2-723-1672, 2671/ FAX: +82-2-723-1671
http://www.nkhumanrights.or.kr
nkhuman@nkhumanrights.or.kr
April 13, 2009
Copyright
©
2007 All rights reserved.