Life & Human Rights
in North Korea
Citizens’ Alliance for North Korean Human Rights (NKHR)
Vol.55 | Spring 2010
Life & Human Rights in North Korea
Citizens’ Alliance for North Korean Human Rights (NKHR)
Shimji Bldg. 3F, 10-22 Gyobuk-dong, Jongno-gu, Seoul, 110-090, Korea
Tel +82-2-723-1672, 2671
Fax +82-2-723-1671
nkhuman@nkhumanrights.or.kr
http://www.nkhumanrights.or.kr
March 30, 2010
Designed by Eui Hwan Cho, Sook Yi Oh, Kelly Han
Copyright@2007 All rights reserved.
C o n t e n t s
4
ESSAY
Improvement of North Korean Human Rights and the Roles of Lawyers
Benjamin H. Yoon
12 FORUM
North Korea and Applications of International Human Rights Law
Jae-Chun Won
39 WITNESS ACCOUNT
Unforgettable Misery in North Korea
Myungsook Lee
48 DOCUMENT
Memorandum of Understanding of the Cooperation for Improving Human Rights
in North Korea and Protecting the Rights of Victims
NKHR, Korean Bar Association
51 DOCUMENT
Draft Report of the Working Group on the Universal Periodic Review
Office of the High Commissioner for Human Rights
99 DOCUMENT
The Universal Declaration of Human Rights and North Korea
North Korea Freedom Coalition
*This quarterly is published in Korean and English.
All expenses were paid by voluntary contributions from Korean citizens.
Benjamin H. Yoon
Chairman of the
Board, NKHR
4
Spring 2010 Life & Human Rights in North Korea
I would like to express my deepest gratitude that the Korean Bar
Association (KBA) has made a huge step forward to improving
human rights situation in North Korea.
I, as a civic activist, would like to share my experience of working
with other congenial friends since 1970 with the vocation of human
rights activists. I was informed that my duty in this conference today
is to introduce the history and the achievements of the North
Korean human rights movement, the issues facing the international
community, and the challenges for the future and that is what I am
going to outline.
It is commonly known that the international community begun
to pay attention to North Korean human rights in the mid/late
1990s. However, the problem of the political prison camps in North
Korea was known to the international community at least 30 years
ago because ‘A Personal Account of the Experience of a Prisoner of
Conscience in the Democratic People’s Republic of Korea’ was
published by Amnesty International in 1979. Ali Lameda, a
*
This is a Keynote Speech of
the 1st Conference on
Human Rights and
Environment of the Korean
Bar Association on
February 21~23, 2010.
Essay
Improvement of North Korean
Human Rights
and the Roles of Lawyers
*
The KBA and Korean lawyers’ active role in North Korean human rights are the
needs of the times and a historical calling.
distinguished poet and active member of the Venezuelan
Communist Party, went to Pyongyang at the invitation of the
Government of North Korea and took charge of the Spanish Section
of the Department of Foreign Publications run by the North Korean
Ministry of Foreign Affairs in early 1960s. It was then that he
became skeptical about North Korea’s exaggerated regime
propaganda, which was far from reality. After a few years, he shared
his opinions with his companion in the hotel where he stayed and it
was discovered by the North Korean government’s clandestine
wiretapping. One of his colleagues, Jaques Sedillot, a French
communist activist, was also arrested while he was working on
similar projects at the invitation of the North Korean government.
They were both sentenced to 20 years’ imprisonment and sent to the
Sariwon political prison camp in Hwanghae Province in 1967. After
these two internationally renowned persons had disappeared,
Amnesty International began campaigns calling upon the North
Korean authorities to disclose their whereabouts and release them
immediately. Thanks to the aroused public opinion within the
international community, they were finally released after 7 years’
imprisonment but Jaques Sedillot died from illness in Pyongyang.
Fortunately, Ali Lameda could return to Venezuela and wrote about
his terrible memories that he had experienced in North Korea and
Amnesty International published it. However, his valuable
testimony could not draw much attention from the international
community because of the remarkable events that happened at the
same time such as the Soviet invasion of Afghanistan, the Chinese
invasion of Vietnam, and the Khmer Rough massacres in Cambodia.
The first document that analytically addressed the problems of
human rights inside North Korea was published in December 1988.
‘Human Rights in the Democratic People’s Republic of Korea
The first document
that analytically
addressed the
problems of human
rights inside North
Korea was
published in
December 1988.
5
Improvement of North Korean Human Rights and the Roles of Lawyers
The KBA
representing Korea
has a great
significance in the
history of the North
Korean human rights
movement as it has
published White
Papers on Human
Rights in North
Korea
(North Korea)’, published by the Minnesota Lawyers International
Human Rights Committee (MLIHRC) and Asia Watch, pointed out
the problems in every aspect of human rights in North Korea. It
drew attention to the international obligations towards North
Korea, the issues of freedom and equality, the suppression of
personal freedom, the unjust trial procedures, the arbitrary
detention, the surveillance of personal life, the restriction on
freedom of movement, the suppression of religion, the restriction on
freedom of expression, assembly, and association, the infringements
of economic, social, and cultural rights, and the discrimination in
educational and cultural life.
What we have to consider is, the number of North Korean
defectors was small in the past and there were insufficient
testimonies to give detailed accounts of North Korea. Nonetheless,
the most important factor to overcome the difficulties of researching
on the North Korean human rights situation was lawyers’ legal
knowledge and their efforts to grasp the material implications of
very few cases by analyzing loop holes in North Korean laws and
their contradictions compared with international laws. The KBA
representing Korea has a great significance in the history of the
North Korean human rights movement as it has published White
Papers on Human Rights in North Korea both in Korean and
English since 2006. These papers include specific evidences of
human rights violations in North Korea and have improved the
overall quality of these types of papers. If Richard Kagan, Matthew
Oh, and David Weissbrodt from the MLIHRC who wrote the first
paper on North Korean human rights 20 years ago read this White
Paper of the KBA, they would be deeply impressed and think that
their efforts were not in vein.
The problems of North Korean human rights were first raised in
6
Spring 2010 Life & Human Rights in North Korea
International
conferences on
North Korean
human rights began
to be held
worldwide by NGOs
and the horrendous
realities of North
Korea which had
been hidden were
revealed.
the UN in the Sub-Commission on the Promotion and Protection of
Human Rights (Sub-Commission on Prevention of Discrimination
and Protection of Minorities under the United Nations Economic
and Social Council) in 1997. The Sub-Commission was composed of
26 human rights experts and among them, Louis Joinet from France
and abovementioned Professor David Weissbrodt from the
MLIHRC took a leading role in proposing the ‘Situation of Human
Rights in the Democratic People’s Republic of Korea’ with five other
human rights experts and it was adopted by a secret ballot by 13
votes to 9, with 3 abstentions. It deplored the delay by North Korea
in submitting its second periodic report on the implementation of
the International Covenant on Civil and Political Rights (ICCPR),
due for almost 10 years and invited the international community to
increase assistance to North Korea in order to help it to overcome
the period of food shortage and the suffering it was causing.
However, North Korea requested to adduce evidence, seceded from
the ICCPR in opposition to the Resolution, and claimed that it
would delay its submission of the report on the implementation of
the Convention on the Rights of the Child. North Korea’s secession
attempt and stubborn refusal resulted in 7 experts who had been
against or abstained from the Resolution turning their back on
North Korea. Accordingly, the Resolution was adopted by a vote of
19 to 4 with 1 nullity in 1998 and thus the North Korean human
rights issue was put on the table to the United Nations Human
Rights Council from 1999.
International conferences on North Korean human rights began
to be held worldwide by NGOs and the horrendous realities of
North Korea which had been hidden were revealed. However, North
Korea consistently denied and resisted all the concerns from the
international community and NGOs and the UN Commission on
7
Improvement of North Korean Human Rights and the Roles of Lawyers
Anyone would be
reluctant to take a
position as a Special
Rapporteur on the
situation of human
rights in the DPRK
because it is not
easy to make some
visible achievements.
Human Rights adopted North Korean Human Rights Resolutions
from 2003 to 2005. The Special Rapporteur on the Situation of
human rights in the DPRK was appointed in 2004, North Korean
Human Rights Resolutions have been adopted by the UN General
Assembly for 5 years, and the UN Human Rights Council has also
adopted the Resolutions since 2008.
Vitit Muntarbhorn, Special Rapporteur on the situation of
human rights in the DPRK, is here with us today and he has made
the greatest contribution for the human rights in North Korea
among international law professionals. I believe that we owe much
to him. His mandates are: investigating the situation of North
Korean human rights and periodically reporting to the relevant UN
agencies; raising awareness in the international community,
suggesting measures for the improvement of human rights in North
Korea; and providing recommendations to the UN regarding the
North Korean human rights situation. He was also a Special
Rapporteur on the Sale of Children, Child Prostitution and Child
Pornography but there is a huge difference between the thematic
mandate of child rights and the country mandate of North Korea
because he has to deal with North Korea that has had the most
serious human rights violations and uncooperative attitude for the
improvement of human rights among the 192 UN member states.
Therefore, anyone would be reluctant to take a position as a Special
Rapporteur on the situation of human rights in the DPRK because it
is not easy to make some visible achievements in improving North
Korean human rights. Nevertheless, Vitit took this mandate without
any hesitation after the former Secretary-General Kofi Annan called
him and said ‘I hope you can take this important mission.’ He has
put more effort, time and passion as a Special Rapporteur - almost
as a volunteer - than his role as an international law professor. Due
8
Spring 2010 Life & Human Rights in North Korea
Now I would like to
ask Korean lawyers
to take a step
forward.
to his appointment as a Special Rapporteur being in 2005, it means
that he will complete his maximum term of six years this year.
However, his term was renewed every year and Korean and
international human rights organizations have consistently
supported his mandates because we know that his efforts to listen to
diverse opinions during his visits to Japan, China, Thailand, and
Geneva and to provide reasonable recommendations to the UN,
North Korea and other relevant countries are invaluable in spite of
North Korea’s stubborn rejection and non-cooperation.
Thus, lawyers’ efforts to protect North Korean refugees and
improve North Korean human rights in the name of justice have
taken place around the world for 30 years.
Now I would like to ask Korean lawyers to take a step forward.
In the near future, the issue of settling the history of the
responsibilities of ongoing human rights violations in North Korea
will be a huge problem as you can see a problem of investigation of
the responsibilities of human rights violations under the military
regime which has caused heated debates and serious conflicts after
the democratization of South Korea. Disputes on the past history or
punishment of those who are responsible for human rights
violations in North Korea will be much fiercer and cause much
more conflicts than those that happened in South Korea. Unless the
records of past and current human rights violations are properly
organized, wrongdoers and victims will not be able to be
distinguished and it will cause nonselective revenges and extreme
bloodshed. Even if reunification takes place, more serious internal
disputes might arise and human rights of all citizens from the South
and the North might be controlled if martial law is declared to
maintain public order.
In this regard, there are divergent opinions about the
9
Improvement of North Korean Human Rights and the Roles of Lawyers
When we think
about the possible
future, previous
records should be
reorganized and
reclassified and
incomplete data
should be
thoroughly traced
and managed in the
process of legal
review,
supplementing their
shortcomings.
establishment of Archives of North Korean Human Rights. What I
want to emphasize here is how we should secure the credibility of
North Korean human rights records, not that whether it should be
established or not. Maligning or retaliating, naming and witch-hunts
can be repeated at any time. The top priority to stop this is to
establish the most accurate and strict standard and framework
analysis. This standard should be established through thorough
comparative study of international human rights instruments,
customary international laws, the experiences of UN agencies or
relevant international organizations, and historical precedents.
Therefore, we can infer that the most important thing is specialty
and legal knowledge which covers all previously mentioned aspects.
It also means that there is an urgent need to train lawyers who can
work devotedly on these historical challenges.
Governmental and non-governmental institutes that research
the situation in North Korea as well as Korean and international
human rights organizations have investigated situations of North
Korean human rights, interviewed North Korean refugees, and
accumulated all previous investigation records. However, when we
think about the possible future, previous records should be
reorganized and reclassified and incomplete data should be
thoroughly traced and managed in the process of legal review,
supplementing their shortcomings. Therefore, for the work of
archiving records of human rights violations to be established and
proceeded with the least conflicts, law professionals should play a
leading role on this work, previously file the cases so that they can be
submitted as information of trials if necessary, and thoroughly
prepare testimonies of direct victims and persons concerned so that
these testimonies can be proved in court by witness attendance.
The KBA has the strengths of neutrality, expertise, objectivity,
10
Spring 2010 Life & Human Rights in North Korea
If it becomes
possible, Korean
and international
organizations that
deal with North
Korean human
rights will surely
support and actively
help the work of
the KBA.
and stability as follows: firstly, it has the advantage of being
independent from the government; secondly, it is capable of
legalistic analysis of human rights violations because it has a variety
of legal professionals who are concerned with the Nationality Act,
Criminal Law, Civil Law, and the Law of Realty as well as
international law; thirdly, because it has a Human Rights Committee
which deals with human rights issues, a Subcommittee on Human
Rights in North Korea, a Committee on Legal Aid for North Korean
Refugees, and a Human Rights Section, it has systemically prepared
procedural measures to proceed, check, and supervise human rights
issues; finally, as no one can expect when the database can be
actually available, it can establish special lawyer groups who can
continuously proceed and manage this work and it also can
supplement successors in a timely manner who can proceed on
investigation and analysis as far as it enables proper takeover
through legal knowledge and procedure and establish proper
processes of selecting special lawyers and training them. If it
becomes possible, Korean and international organizations that deal
with North Korean human rights will surely support and actively
help the work of the KBA.
The KBA and Korean lawyers’ active role in North Korean
human rights are the needs of the times and a historical calling.
Translated by Sanghee Bang and Michael Glendinning
11
Improvement of North Korean Human Rights and the Roles of Lawyers
Abstract: In December 2009, the Democratic People’s Republic of
Korea (hereafter North Korea) received a Universal Periodic Review
by the UN Human Rights Council. This journal article will analyze
the applications of various treaty standards as well as North Korean
national laws to examine the current human rights practices of
North Korea.
North Korea is a party to four key human rights treaties and
Geneva Conventions of 12 August 1949 and Additional Protocols -
the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the
Convention on the Rights of the Child, and the Convention on the
Elimination of All Forms of Discrimination against Women. As a
treaty party, North Korea has a duty to comply with the international
human rights standards and this paper discusses North Korea’s treaty
obligation discrepancies by examining some of the known state
practices and transgressions.
It has been observed that North Korea has a very rigid
Forum
North Korea and Applications of
International Human Rights Law
*
Application and Analysis of Human Rights Laws and Roles of Lawyers for the
Improvement of Human Rights
Jae-Chun Won
Professor , Handong
International Law
School, Esqire
12
Spring 2010 Life & Human Rights in North Korea
*
This paper, with the support
of Handong University, is a
revised and supplemented
version of the paper which
was presented in the 10th
Korea Peace Forum,
“Policies of North Korean
Human Rights and Global
Trend” of the Korea Peace
Institute, with the title
“International Legal
Approach to North Korean
Human Rights” on August
29, 2008.
This paper was published in
‘Human Rights and Justice’,
Vol.401, Korean Bar
Association in January
2010.
13
North Korea and Applications of International Human Rights Law
sociological and political caste system based on Juche and
Kimilsungism. These state ruling ideologies were translated into
extreme discriminatory policies and those policies were implemented
by means of fear and caused brutal suppression of political prisoners
and their families. Many political prisoners and their families have
ended up in North Korean Gulags (Political Concentration Camps).
This article will present a convincing case that certain practices of
North Korean government have met each and every element of the
particular crimes of Genocide and Crime Against Humanity.
Moreover, the article will examine the status of religious
freedom, the challenges of protecting North Korean refugees in
neighboring countries and the issue of reunion of separated families
between North and South Korea. The paper will further discuss the
role of human rights advocates and lawyers in improving the human
rights situation in North Korea by utilizing the existing UN
protection mechanisms.
I. Introduction
The purpose of this paper is to pave the way for lawyers to discuss
North Korean human rights and engage with its improvement by
illuminating North Korean human rights within the international
legal framework.
North Korea has recently threatened the security balance of the
Korean Peninsula with its nuclear weapons and missiles, while, at
the same time, trying to be included in an international order
through direct contact with the U.S. and China in return for the
guarantee of its regime. However, the biggest obstacle for North
Korea to be acknowledged in the international community is its
human rights issues. Fortunately, North Korea had its human rights
records reviewed under the Universal Periodic Review
1)
of the UN
Human Rights Council in December 2009 and it is known that
North Korea has included the term ‘human rights’ in its
Constitution through its revision.
2)
It seems that the interests and
pressures of the international community influence North Korea
and its policies to some extent.
North Korea is a state party to the International Covenant on
Civil and Political Rights (ICCPR), International Covenant on
Economic, Social, and Cultural Rights (ICESCR), Convention on the
Elimination of All Forms of Discrimination Against Women
(CEDAW)
3)
, and Convention on the Rights of the Child (CRC)
4)
.
North Korea also joined the ‘Geneva Conventions of 12 August 1949’
which are made up of four treaties and three additional protocols
that set the standards in international law for the humanitarian
treatment of the victims of war. It also ratified the ‘Convention on
the Non-Applicability of Statutory Limitations to War Crimes and
Crimes Against Humanity.’
This all implies that North Korea already has its own institutional
framework to improve the situation of human rights based on its
Constitution and international human rights Covenants. North Korea,
like other States signed up to the international human rights treaties,
has an obligation to implement the rights recognized in these treaties.
This paper illuminates the situation of human rights in North
Korea within the international legal framework, analyzes North
Korea’s international legal obligations, examines what can be
improved within the current framework and, if North Korea is not
willing to improve its human rights situation, investigates what
responsibilities can be attributed to North Korean officials.
1)
The Universal Periodic
Review (UPR) was created
through the UN General
Assembly on 15 March 2006
by resolution 60/251, which
established the Human
Rights Council itself. The
UPR involves a review of the
human rights records of all
192 UN Member States.
North Korea, through this
UPR system, receives
questions, assessments,
recommendations, and
proposals for cooperation
from UN Member States.
2)
‘How North Korean
Constitution is revised...main
contents and its implication
pointed by experts,’ Donga
Ilbo, September 29, 2009
(Korean edition); ‘Revised
North Korean Constitution
stepping backward,’
Kookmin Ilbo, September 30,
2009 (Korean edition)
3)
North Korea joined the
Convention on the
Elimination of All Forms of
Discrimination against
Women (CEDAW) in
February 2001 and submitted
its report on implementation
of CEDAW in September
2002.
14
Spring 2010 Life & Human Rights in North Korea
II. International Human Rights Law and
Political Concentration Camps
Since its independence in 1947, North Korea has succeeded in
establishing Soviet-style Gulags (Political Concentration Camps). It
is widely known that some of the most flagrant violations of human
rights are perpetrated in these political concentration camps.
Political dissidents in North Korea mean political foes of the Kim
Il-Sung and Kim Jong-Il system and those who are uncooperative
with the North Korean regime. Once they are suspected, punishment
is not limited to the persons involved; immediate family members are
also sent to the political concentration camps.
5)
Concentration camps
are divided into “complete control districts” and the “revolutionary
districts.” The former are exclusively for those given life terms.
Prisoners held in the latter might be freed depending on the outcome
of reviews made after a specified period. The total inmate population
of the camps is estimated to be about 200,000.
6)
Law enforcement without due process, ‘guilt by association’ by
which family members of individuals convicted of political crimes are
also punished, and torture and harsh conditions are the biggest
problems in political concentrations camps.
1. Due Process
In North Korea, political prisoners do not go through trials
administered by the general judiciary bodies. Instead, they undergo
closed administrative investigation by the National Security Agency
(NSA) and are sent to political concentration camps. Not only can
they not get help from lawyers, but also they are not given any notice
of the reasons for and the terms of their punishment.
These violate the Article 9 of the ICCPR in which North Korea is
4)
North Korea joined the
Convention on the Rights of
the Child (CRC) in September
1990, submitted its first
report on implementation of
CRC in February 1996,
submitted its second report
in May 2002, and submitted
its third and fourth report
and was reviewed by the
Committee on the Rights of
the Child in January 2009.
5)
Kang Chol-Hwan and Pierre
Rigoulot, “The Aquariums
of Pyongyang”, Basic
Books, 2005
6)
“White Paper on Human
Rights in North Korea”,
Korea Institute for National
Unification, 2007 p. 80
15
North Korea and Applications of International Human Rights Law
a party to. Article 9, Paragraph 1 of the ICCPR stipulates that no one
shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law. Paragraph
2 also provides that anyone who is arrested shall be informed, at the
time of arrest, of the reasons for his arrest and shall be promptly
informed of any charges against him. According to Article 14, ‘In the
determination of any criminal charge against him, or of his rights
and obligations in a suit at law, everyone shall be entitled to a fair
and public hearing by a competent, independent and impartial
tribunal established by law... Everyone charged with a criminal
offence shall have the right to be presumed innocent until proved
guilty according to law... In the determination of any criminal
charge against him, everyone shall be entitled to the following
minimum guarantees, in full equality: to be tried in his presence,
and to defend himself in person or through legal assistance of his
own choosing; to be informed, if he does not have legal assistance, of
this right; and to have legal assistance assigned to him.’
2. Guilt by Association and the Situation of Political
Concentration Camps
Once categorized as a political prisoner, all properties are
confiscated and the entire family is transferred to concentration
camps. When Kang Chul-Hwan was 9 years old, he was transferred
to a concentration camp along with his entire family because of his
grandfather’s charge
7)
. He spent 10 years of his childhood and
adolescence in the camp. Shin Dong-Hyuk, who entered South
Korea in August 2006, was born in a complete control district in a
concentration camp and lived there for 23 years.
8)
Punishing and
imprisoning innocent children is a violation of its own Criminal
Code
9)
and the ICCPR in which North Korea is a party to and it also
7)
“Ah Yoduk!” Kang Chul-
whan, Kim Yong-sam et al.,
Monthly Chosun, 2006, p. 37
8)
Shin Dong-hyuk, “Escape to
the Outside World”,
Database Center for North
Korean Human Rights, 2007.
Shin Dong-hyuk is the only
one known to have escaped
to the South after being
born in a political prison
camp in the North.
9)
According to Article 11 of
the North Korean Criminal
Code, the minimum legal
age for criminal
responsibility,
deprivation of liberty,
capital punishment and life
imprisonment is 14 years of
age. Committee on the
Rights of the Child,
Consideration of reports
submitted by States Parties
Under Article 44 of the
Convention, second periodic
reports of States parties due
in 1997, Addendum
Democratic People’s
Republic of Korea,
CRC/C/65/Add.24,
Paragraph 56, November 5,
2003.
16
Spring 2010 Life & Human Rights in North Korea
violates the fundamental principles of the CRC. To be concrete, it
violates almost all the Articles in CRC including Article 6 (inherent
right to life)
10)
, Article 19 (prohibition of all forms of violence),
Article 37 (prohibition of torture or other cruel, inhuman or
degrading treatment or punishment), and Article 40 (respect for due
process).
Political prisoners are deprived of their right to food distribution
and medical benefits, forbidden to marry or deliver a baby, and are
totally separated from the outside. They are put to forced labor, suffer
from malnutrition due to severe food shortages, and die from diseases.
3. The Problems of Political Concentration Camps
under International Human Rights
Forced labor, violation of freedom of religion, infanticide, and
punishment without due process in political concentration camps are
all cruel human rights violations which cannot be tolerated today.
These intentional human rights infringements should be addressed as
soon as possible. In this regard, the recommendation to North
Korean authorities to abolish concentration camps and improve
human rights, the accusations of violations according to existing
human rights treaties and the UN Special Rapporteur system, and the
punishment of responsible persons based on international criminal
law can be reviewed as a means of settling these problems.
III. International Human Rights Law
and Freedom of Religion in North Korea
Since its foundation, North Korea has repressed religious practices
and other thoughts and beliefs. In particular, since the Korean War,
10)
Convention on the Rights of
the Child (CRC), Article 6.1
“States Parties recognize
that every child has the
inherent right to life”. Article
6.2 “State Parties shall
ensure to the maximum
extent possible the survival
and development of the
child.”
17
North Korea and Applications of International Human Rights Law
Christianity has been branded as an anti-national organization
which aims to extend American imperialism. North Korea accuses
foreign missionaries of being American spies and Christians as
‘Anti-revolutionaries’. All these have been suppressed by North
Korean authorities.
1. The Condition of Religious Freedom
The position of Kim Il-Sung and Kim Jong-Il is unchallenged and
absolute in North Korea. After Kim Il-Sung came to complete power,
the North Korean government strictly classifies every individual
according to his or her family background and their degrees of loyalty
to the regime. Religious persons who remained in North Korea and
their descendants were categorized as the lowest class among 51 sub-
classes and discriminated in general sectors of their lives including
education, employment, and food distribution. Kim Il-Sung
systemically and extensively obliterated religions.
11)
In the 1970s,
almost all religion except Chondogyo disappeared in North Korea.
However, the number of North Korea defectors has increased.
The government has introduced religions into North Korea since
severe food shortages in the 1990s. North Korea practices a double-
standard policy on religion, thoroughly tracking down and
obliterating religion while permitting some official religious facilities
in Pyongyang. Except for these religious facilities, actual freedom of
religion does not exist in North Korea.
2. North Korean Law and Religious Freedom
Article 68 of the North Korean Constitution stipulates that “Citizens
have freedom of religious beliefs.” However, this Article also states,
“No one may use religion as a pretext for drawing in foreign forces
or for harming the State and social order.” The latter phrase clearly
18
Spring 2010 Life & Human Rights in North Korea
11)
“Policy of Religion in North
Korea”, Ko Tae-woo, Seoul,
1989, p. 79~80, Kim Il-Sung
reminisces as follows. “We
cannot live in a Communist
Country with those religious
persons. Therefore, we
punished all deacons or
those who were in higher
positions in Christianity and
Catholicism through trials.
Other vicious religious
persons were all
prosecuted. Among general
religious persons, some of
them were made to do labor
work if they retrieved
themselves and others who
did not were sent to a
prison
So we captured
them and prosecuted in
1958. We realized that
these religious persons
could be reformed only after
they were killed.”
is an arbitrary violation of the ‘Freedom of religious beliefs.’
It is actually known that religious persons are punished under
the crime of espionage not because that they believed in religion, but
because that they were in league with foreign anti-state powers. For
example, when a North Korean defector is repatriated to North
Korea after becoming a Christian after making contact with a South
Korean missionary in China, he or she would be charged with illegal
border crossing (Article 233 of the Criminal Code) and crimes
involving treason against the fatherland including contacting South
Koreans or South Korean spies (missionaries)
12)
which threatens
North Korean security (Article 62 of the Criminal Code).
Article 62 of the Criminal code stipulates a mandatory sentence
of correctional labor in excess of five years in cases of crimes
involving treason against the fatherland. Correctional labor
punishment of five years or more for other acts of treason would be
imposed on crimes such as the transfer of confidential information,
or surrender, conversion, or defection to another country as acts of
treason. Death sentence or life correctional labor in addition to
confiscation of all properties is mandatory in serious acts of treason
against the state.
13)
Anyone found in possession of a Bible or
propagation of religion would be punished under treason against the
fatherland and he or she may be sentenced to life imprisonment or
the death penalty.
Article 67 of North Korea’s Constitution provides that “Civilians
shall have the freedom of press, publication, association,
demonstration, and assembly.” Yet, like Article 68 which relates to the
freedom of religion, this Article is severely damaged and restricted by
the provision which states that the “State should uphold the class
struggle posture and strengthen proletarian democratic autocracy.”
Believing and propagating religion is severely restricted by North
12)
North Korea regards
Christianity as an American
religion and missionaries as
spies from America and
South Korea.
13)
Han In-seop, North Korean
Criminal Code and Problems
of Human Rights, “2008
Symposium on North
Korean Human Rights and
Law; Problems of North
Korean Human Rights
through Legal Perspective”,
National Human Rights
Commission of Korea, p.89
14)
Article 18 of the Universal
Declaration of Human Rights
states, “Everyone has the
right to freedom of thought,
conscience and religion; this
right includes freedom to
change his religion or belief,
and freedom, either alone or
in community with others
and in public or private, to
manifest his religion or
belief in teaching, practice,
worship and observance.”
19
North Korea and Applications of International Human Rights Law
Korean laws and thus it violates the ICCPR in which North Korea is a
party to.
3. International Human Rights Law and Religious Freedom
in North Korea
North Korea violates Article 18 of the Universal Declaration of
Human Rights (UDHR) which contains the most fundamental
aspect of international human rights guaranteed for the individual.
Article 18
14)
of the Declaration guarantees the right to freedom of
thought, conscience, and religion. As a State Party, North Korea
violates Article 18
15)
of the 1996 ICCPR. North Korea, as a State
party, has to allow an environment where freedom of religion and
the right to express this freedom is guaranteed and to provide
religious education for children. In addition, the deprivation of
education, health care, and employment against certain religious
persons is a violation of Article 25 of the ICCPR.
16)
According to
Article 26 of the Covenant, all persons are guaranteed protection
against discrimination on any ground such as religion and political
or other opinions. Article 27 also stipulates that in those States in
which ethnic, religious or linguistic minorities exist, persons
belonging to such minorities shall not be denied the right, in
community with the other members of their group, to enjoy their
own culture, to profess and practice their own religion, or to use
their own language.
17)
Complying with international law, North Korea should
acknowledge religious communities and establish a system where
these communities can obtain legal status. Of course, North Korea
claims that it acknowledges religious practice which is permitted by
the State religious organization. However, based on the
aforementioned international law, North Korea should acknowledge
15)
Article 18 of the ICCPR
stipulates that
1. Everyone shall have the
right to freedom of thought,
conscience and religion. This
right shall include freedom to
have or to adopt a religion or
belief of his choice, and
freedom, either individually
or in community with others
and in public or private, to
manifest his religion or belief
in worship, observance,
practice and teaching.
2. No one shall be subject to
coercion which would impair
his freedom to have or to
adopt a religion or belief of
his choice.
3. Freedom to manifest one’s
religion or beliefs may be
subject only to such
limitations as are prescribed
by law and are necessary
toprotect public safety, order,
health, or morals or the
fundamental rights and
freedoms of others.
4. The States Parties to the
present Covenant undertake
to have respect for the liberty
of parents and, when
applicable, legal guardians to
ensure the religious and
moral education of their
children in conformity with
their own convictions.
20
Spring 2010 Life & Human Rights in North Korea
private religious practice in addition to state sanctioned practice and
end detention, torture and execution of persons who are involved in
private organizations.
18)
Furthermore, North Korea should permit
individuals or religious organizations to import religious books or
materials and should allow adolescents and adults to manage
religious education programs.
IV. International Refugee Law and the Human
Rights of North Korean Defectors
North Korea suffered from severe food shortage due to continuous
natural disasters from the early 1990s and the discontinuation of aid
after the collapse of the Soviet Union and the democratization of
Eastern Europe. By 1995, North Korea faced extreme famine.
According to the UN statistics, 10% of the whole population died
from starvation.
19)
A number of North Koreans
20)
at this time
crossed the border to China or other neighboring countries in
search for food. More than half of them were women and it is
probably because the patriarchal nature of North Korean society put
more burden of the food shortage on women.
North Korean women in China are violated of their human
rights. They frequently become victims of forced marriage and
human trafficking
21)
because of their illegal status within China.
They face punishment upon repatriation.
The Convention relating to the Status of Refugees 1951 and 1967
Protocol (Refugee Convention)
22)
defines a refugee as a person who
owing to a well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is
16)
ICCPR Article 25 (c) ; “Every
citizen shall have the right and
the opportunity, without any
of the distinctions mentioned
in Article 2 and without
unreasonable restrictions to
have access, on general terms
of equality, to public service in
his country.”
17)
ICCPR Article 27; “ In those
States in which ethnic,
religious or linguistic
minorities exist, persons
belonging to such minorities
shall not be denied the right,
in community with the other
members of their group, to
enjoy their own culture, to
profess and practise their
own religion, or to use their
own language.”
18)
David Hawk, Thank You, Father
Kim Il Sung ; Eyewitness
Accounts of Sever Violations of
Freedom of Thought,
Conscience, and Religion in
North Korea, United States
Commission on International
Religious Freedom.
Washington, D.C. 2005.
19)
UN Document No.
E/CN.4/2001/53, February
2001, paragraph 76
21
North Korea and Applications of International Human Rights Law
unable or owing to such fear, is unwilling to avail himself of the
protection of the country. The key principle of the Convention is
that these refugees and persons regarded as refugees cannot be
forcibly repatriated.
1. The Principle of Non-refoulement
According to the Refugee Convention and its Protocol, no
Contracting State shall expel or return (“refouler”) a refugee in any
manner whatsoever to the frontiers of territories where his life or
freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political
opinion.
Most of the North Korean defectors go to China as a transit
country. China does not acknowledge these North Koreans as
refugees and forcibly repatriate them to North Korea. China regards
them as simple illegal economic migrants. If a North Korean actually
migrates to China for a better life and/or economic reasons, he or
she cannot obtain refugee status.
2. Refugee Sur Place
There are divergent opinions on whether North Korean defectors
are refugees under the international law. China’s opinion that North
Korean defectors should be regarded as economic migrants as most
of them escape North Korea due to food shortages is somewhat
reasonable, but the problem lies with the fact that they face criminal
charges upon forcible repatriation to North Korea. Freedom of
movement does not exist in North Korea. Thus, those crossing the
border illegally would be punished with correctional labor for up to
2 years
23)
and those contacting South Koreans or Christians in
China or believing Christianity and propagating it would be
20)
Estimated number is 300,000
at maximum. According to a
survey of the Johns Hopkins
University, 50,000 is a
conservative figure
21)
Norma Kang Muico, An
absence of Choice: The
Sexual Exploitation of North
Korean women in China,
London : Anti-Slavery
International 2005. According
to the UN Protocol to Prevent,
Suppress and Punish
Trafficking in Persons,
Especially Women and
Children, Supplementing the
Convention on Transnational
Organized Crime, “Trafficking
in persons shall mean the
recruitment, transportation,
transfer, harboring or receipt
of persons, by means of the
threat or use of force or other
forms of coercion, of
abduction, of fraud, of
deception, of the abuse of
power or of a position of
vulnerability or of the giving or
receiving of payments or
benefits to achieve the
consent of a person having
control over another person,
for the purpose of
exploitation.”; White Paper on
Human Rights in North Korea,
Korea Institute for National
Unification, Seoul, 2007, p.284
22
Spring 2010 Life & Human Rights in North Korea
sentenced up to 5 years or even death penalty because of treason
against the fatherland.
24)
North Korean defectors get humanitarian support from Chinese-
Koreans or South Koreans in China and once they get help from
South Koreans or churches, North Korea regards them as political
prisoners. In regard to this, Vitit Muntarbhorn, UN Special
Rapporteur on the situation of human rights in the DPRK, stated in
his reports to the UN Commission on Human Rights and General
Assembly
25)
that many North Koreans would be known as “refugee
sur place” because they did not leave North Korea for fear of
persecution, but they fear persecution upon return.
26)
Therefore,
whether a North Korean defector is an economic migrant or not is
determined by the specific situation of the individual. China regulates
all North Korean defectors as economic migrants without any specific
review or interview regarding refugee status. This is a violation of the
spirit of international law which protects refugee sur place.
3. China and North Korea’s International Legal Obligations
and Solutions to the Refugee Problems
The problems of North Korean defectors are specified in the reports of
UN Special Rapporteur on the situation of human rights in North Korea
and Resolutions on North Korean Human Rights from UN Commission
on Human Rights and General Assembly. Even though the UN High
Commissioner for Refugees (UNHCR) also stipulates North Korean
defectors as “People of concern”, UNHCR has limits on its work unless
China cooperates with the UNHCR.
The UNHCR has a Regional Office in China which deals with
refugee related work. Its main work is to help Chinese ethnic
minorities including those from Vietnam resettle in China. When
the UN agency was set up in China, both China and the UN made a
22)
Refugee Convention
(Convention relating to the
Status of Refugees 1951 and
1967 Protocol) Article 1(A)(2) ;
a ‘refugee’ is defined as a
person who owing to a well-
founded fear of being
persecuted for reasons of race,
religion, nationality,
membership or a particular
social group or political
opinion, is outside the country
of his nationality and is unable
or owing to such fear, is
unwilling to avail himself of
the protection of the country.
23)
Article 233 of the North
Korean Criminal Code, 2004
24)
Article 62 of the North Korean
Criminal Code, 2004
25)
“Situation of Human Rights in
the Democratic People’s
Republic of Korea”, United
Nations General Assembly,
A/60/150, August 2005.
26)
Vitit Muntarbhorn, Special
Rapporteur of the Commission
on Human Rights on
Democratic People’s Republic
of Korea, UN Doc. A/60/306,
pp.10, paragraph 27
23
North Korea and Applications of International Human Rights Law
bilateral treaty. The bilateral treaty states that the UNHCR has the
right to unimpeded access to refugees in China at all times.
To solve the problems of North Korean defectors in China,
China has to implement 1951 Refugee Convention and its 1967
Protocol with good will.
In other words, China should cooperate with the UNHCR. It
should at least provide temporary asylum for North Korean
defectors, comply with the procedures set by international law when
a North Korean requests for refugee status, and, until these
applicants’ status is determined, support UN agencies and
international humanitarian organizations to interview all the
applicants without restriction. Meanwhile, North Korea should not
impose criminal punishment on repatriated North Koreans. In that
way, the fears of persecution can be considerably reduced, most of
the North Korean defectors can be regarded as economic migrants as
China argues, and the problems raised in international human rights
can be reduced.
Solving the problems of North Korean defectors will become
easier if all concerned countries seek solutions together by looking at
the problem of refugees as a humanitarian issue, not as a political
issue. For instance, if China provides temporary residence permit to
North Korean defectors, it can maximize the damages of crimes
caused by problems of illegal status, China can avoid criticisms from
the international community, and North Korean defectors can freely
return to North Korea when the economic situation in North Korea
is improved.
27)
According to Professor and
Judge Sang-Hyun Song who is
a president at International
Criminal Court, the court
currently deals with cases on
crime against humanity and
many of them are from
countries in Africa. Moreover,
the court issued the warrant for
the arrest of a head of a state
and some high-profile officials.
At a keynote speech of police
academy by the Supreme Public
Prosecutors on October 23, 2009
24
Spring 2010 Life & Human Rights in North Korea
V. International Criminal Law and Human
Rights in North Korea
Some human rights organizations are trying to demolish political
prison camps in North Korea, arguing that various acts practiced in
the prison camps are genocide and crime against humanity. The
International Criminal Court (ICC) which came in to being in 2002
based on the Rome Statute deals with cases of difficulties that cannot
easily be solved in a state.
27)
Thus, the environment that the person
in charge of political prison camps in North Korea and suppression
of religions can be brought to justice has been created in the current
system of international law.
Until the creation of the ICC, the Security Council had to
establish a special court for a particular case according to the Chapter
7 of the UN Charter; the representative examples are International
Criminal Tribunal for Former Yugoslavia: ICTY
28)
to charge people
with responsibility for the violations of humanitarian law and human
rights and International Criminal Tribunal for Rwanda: ICTR
29)
, as
well as special courts for Sierra Leone and Cambodia.
There were troubles and administrative constraints to create a
special court for a particular situation; however, there was no need to
establish a special court after the introduction of the ICC in 2002.
What is more, the ICTY has set an important precedent by punishing
the indicted ranging from generals and police commanders all the
way to Prime Ministers including Milosevic, the head of former
Yugoslavia, for their crimes: the violation of human rights.
Before it was necessary to go through a lot of procedures and
international consents, however, the ICC can handle human rights
problems in North Korea without much difficulty if it is under the
jurisdiction of the ICC. Now is the time that North Korea authorities
28)
On the basis of Chapter 7 of UN
Charter, the Security Council
established International
Criminal Tribunal for former
Yugoslavia in Hague through the
Resolution 808 and 827. The
tribunal deals with crimes
including war crimes violating
the Geneva Convention of 1949
during the internal war,
genocide, and crime against
humanity.
29)
International community were
in shock when it found out the
mass killing in Rwanda and
neighboring countries, and the
UN Security Council passed
the Resolution 955 based on
the Chapter 7 of the UN
Charter and established the
tribunal in Tanzania. The
tribunal deals with violation of
humanitarian law such as
Geneva Convention, Genocide,
and Crime against humanity.
25
North Korea and Applications of International Human Rights Law
should not ignore such changes.
1. Jurisdiction of International Criminal Court
In principle, most of the human rights violations can be punished by
the criminal law of a state. Jurisdiction of the ICC is complementarily
rule. The significance of the ICC is that the court can deal with the
complicated cases of human rights violations while a national court
has the difficulty of punishing its leader.
According to the court order from the Rome Statute, the ICC
has jurisdiction over genocide, crime against humanity, war crime
and crime of aggression.
In order to refer a case to the ICC, the case should meet one of
the following terms;
Firstly, the case is being investigated or prosecuted in where the
person accused of committing a crime is a national of a state party or
where the person’s state has accepted the jurisdiction of the court.
Secondly, the court can exercise jurisdiction where a situation is
referred to the court by the UN Security Council. In this case,
jurisdiction is not limited to a membership of a state.
30)
For example,
the Security Council referred the Darfur case in Sudan to the ICC
and the case was primarily investigated. The investigators have found
unjust factors in this case and considered that the factors met the
jurisdiction requirement, thus they have requested for an official
investigation to the court. Surprisingly, the current president of
Sudan is among the accused, a warrant for his arrest has been issued.
Considering Sudan is not a party to the Rome Statute, North Korea
can be perhaps put under ICC jurisdiction someday.
The ICC has no jurisdiction over North Korea, since the country
is not a party to the Rome Statute nor it is not willing to accept
jurisdiction of the court; however, since the UN Security Council
30)
Rome Statute of the
International Criminal
Court(1998), Article 13 (b)
“A situation in which one or
more of such crimes
appears to have been
committed is referred to the
Prosecutor by the Security
Council acting under
Chapter VII of the Charter of
the United Nations ”
26
Spring 2010 Life & Human Rights in North Korea
refers case of human rights violations such as political prison camps to
the ICC, there is possibility that some of North Korean perpetrators
can be prosecuted. Of course, it is far from realistic to expect the
Security Council to refer North Korea to the ICC since China, one of
the permanent members, is likely to veto. Nevertheless, since China
compromised the Sudan case within the international community due
to its successful hosting of the Olympic Games, North Korean
authorities cannot rely on China. Some NGOs have pushed for a
signature campaign to accuse Kim Jong-Il to the ICC, aiming to
initiate and encourage ICC prosecutors to begin to investigate the case
of North Korea and Kim Jong-Il under international pressure.
2. Composition Factors of International Human Rights Crime
A. Genocide
31)
The term, ‘Genocide’ began to be recognized from the holocaust
undertaken by Nazi Germany in World War II. In 1946, the UN
General Assembly unanimously passed the Resolution 96(1) and
established ‘Genocide’ as an international crime. 1948 Convention
on the Prevention and Punishment of the Crime of Genocide
defines genocide as
32)
:
[G]enocide means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or
religious group, as such
33)
:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated
to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
31)
In principle, genocide means
mass-killing; however, it
also includes the definition,
intent of deliberate acts
which try to exterminate a
particular group, in
international criminal law. In
the paper, the term,
genocide is used since mass
killing is very narrow in its
meaning.
32)
Convention on the
Prevention and Punishment
of the Crime of Genocide ;
78UNTS(No.1021) :
UKTS(1970) 58
33)
“With intent to destroy”, ex.
Rwanda case can be
referred to genocide. In
1994, the Tutsis deliberately
exterminated Hutus in
Rwanda.
27
North Korea and Applications of International Human Rights Law
Here, the definition also includes not only murder but also the
deliberate act of exterminating a particular group.
34)
Human Rights in North Korea and Genocide
North Korea signed up to the Genocide Convention in 1989. This
means that North Korea should not perform genocide. Moreover,
North Korea has an obligation to punish those who are involved in
genocide. It is controversial whether the human rights violations in
North Korea can be recognized as genocide. Numerous people are
executed and dead from the poor living conditions in the political
prison camps; the prisoners are suppressed under its system and
undoubtedly classed as a group which are socially branded as a
traitor of the state. Nevertheless, they are from various backgrounds,
and it is hard to prove whether it constitutes genocide and if it is
intent to destroy a particular group. It is acceptable to adopt a broad
definition of genocide, such as suppression against religions
considering the authorities have continuously persecuted Christians
and still tries to eradicate Christianity in the country.
35)
B. Crimes against Humanity
Crimes against humanity refer to a systematic and widespread crime
committed by a particular government against civilians. It is
different from genocide because it refers to a systematic violation of
human rights against people without ‘Intent to destroy.’
36)
Article 7 of the Rome Statute specifies crimes against humanity
as meaning any of the following acts when committed as part of a
widespread or systematic attack directed against any civilian
population, with knowledge of the attack. Furthermore, the acts
cover nearly all brutal human rights violations.
37)
For the purpose of this Statute:
34)
Anthony Aust, Handbook of
International Law,
Cambridge, 2007, p. 270
35)
Jae-Chun Won, A Prison
Without Bars, Refugee and
Defector Testimonies of
Severe Violations of Freedom
of Religion or Belief in North
Korea, United States
Commission on International
Religious Freedom,
Washington, D.C. 2008.
36)
Claire de Than and Edwin
Short, International Criminal
Law and Human Rights, 1st
ed. London, 2003 p. 73~76 ; In
principle, Genocide and
Crimes Against Humanity are
very alike; especial ‘Actus
Reas’ is very similar, however,
in Mens Rea which deals
mental state, genocide is
clearly different from crimes
against humanity. Genocide is
a Specific Intent Crime, and
Crimes Against Humanity is a
General Intent Crime; in other
words, it cannot be defined as
genocide unless there is
specific intent.
37)
Oppenheim, Oppenheim’s
International Law, 9th ed.
London,1992, p.995-8
28
Spring 2010 Life & Human Rights in North Korea
(a) Murder;
(b) Extermination (including restriction of access to food and
healthy environment for survival);
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty
in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of
comparable gravity;
(h) Persecution against any identifiable group or collectivity on
political, racial, national, ethnic, cultural, religious, gender as
defined in paragraph
The statute of limitations does not apply to the above crimes and
‘Crimes against humanity’ is customary international law as it was
dealt with in the International Criminal Tribunals for former the
Yugoslavia and Rwanda.
Human Rights in North Korea and Crimes against Humanity
North Korea has detained prisoners and their families in political
prison camps for a long time. In the camps, legal procedures have been
ignored and human rights of detainees were seriously violated, and
such acts are defined as crimes against humanity in the Rome Statute.
North Korea adopted a hostile policy against religions, which are
still in practice. Certain religious people were tracked down and
punished and even sent to political prison camps.
North Korea has deliberately abducted Japanese citizens, forced
them to work, or imposed certain restrictions, and this can be
29
North Korea and Applications of International Human Rights Law
viewed as crimes against humanity, as well as violation of Japanese
criminal law, thus the people in charge of such acts should take
responsibilities for their crime.
3. Sub-Conclusion
A criminal act should be punished. With the existence of international
criminal law, there are too many cases accumulated to ignore the
crimes by North Korean authorities regarding them as a special
exception. The country should recognize the existence of political
prison camps and suppression of religious beliefs are international
crimes. Furthermore, the authorities should govern the country by
fulfilling its duties to international conventions on human rights.
Assuring the authorities of fundamental international law, as well as
trainings of the academics and people are the roles of the international
community and South Korea. It is crucial for North Korea to take
responsibility and obligation on implementing the law for its
advancement and as a member of the international community.
VI. Application of International
Humanitarian Law and Abductees and
Unreturned POWs
It is estimated that about 20,000 South Korean POWs are held in
North Korea. South Korean POWs are those who could not return
to South Korea in the POW exchange negotiation.
38)
Many POWs
were believed to have been enlisted into the People’s Army during
the war, and after the war, they were “Group assigned” to coal mines
and farm villages. At least 12,000 POWs were transferred to the
Soviet Union and mobilized in to hard labor. South Korean POWs
38)
A total of 41,971 South
Korean soldiers went
missing-in-action during the
Korean War. Most of them
were believed to be in the
North. A total of 8,726 have
returned as part of POW
exchanges. Some 13,836
have been determined as
killed-in-action based on
reports and other materials.
To date, the status of a total
of 19,409 soldiers has not
been confirmed. White Paper
on Human Rights in North
Korea, Korea Institute for
National Unification, 2007,
Seoul, p.274
30
Spring 2010 Life & Human Rights in North Korea
were given citizen ID cards and released into society, but they have
been constantly subjected to oppression and discrimination due to
their personal background as former POWs.
Meanwhile, according to the “List of Korean War Abducted
Persons” of the Korean War Abductee’s Family Union, 94,700
citizens were abducted during the Korean War. Far from their return,
their status has not been confirmed and their basic rights such as
correspondence have not been acknowledged. Since the Korean
Armistice in 1953, a total of 3,795 people have been abducted and
taken to North Korea.
39)
1. Geneva Convention
The DPRK, the PRC, the Soviet Union, the ROK, the USA and
another fifteen States participated in international armed conflicts
before the truce in the Korean Peninsula. After World War II, the
international community had written a contract to protect prisoners
of war and civilians, and coin other important principles to
reconstruct from the aftermath of war through establishing Geneva
Convention. The DPRK, the ROK and other war participant States
manifested that even if one is not a member State, it is still obliged to
comply with the Provisions of the Geneva Convention in a time of
war. Furthermore, all war participant States will become member
States of the Convention in the time of war and be reliable for
minimizing the damage caused by war and maximizing protection of
civilians. Any violators of the Geneva Convention with war crime,
genocide and crime against humanity will be persecuted in the
national courts. In case of complications in the national courts,
violators will be under the jurisdiction of International Criminal
Court. In 1949, Geneva Convention is composed of four treaties.
First treaty is on the Amelioration of the Condition of the Wounded
39)
White Paper on Human
Rights in North Korea, Korea
Institute for National
Unification, 2007, Seoul,
p.264
31
North Korea and Applications of International Human Rights Law
and Sick in Armed Forces in the Field; second is on the Amelioration
of the Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea; third is relative to Treatment of Prisoners of
War; fourth is relative to Protection of Civilian Persons in Time of
War. The core of military laws is separating combatant and non-
combatant, which is distinguishing civilians from military personnel.
The definition of war is armed conflict between combatants and
using all forms of force against legitimate military targets. The
executive power of Geneva Convention is enacted in the time of war.
The current division of North and South Koreas is a truce. Therefore,
both parties are obliged to execute Provisions of Geneva Convention
until the official reunification in peace.
2. Geneva Convention and Unreturned Prisoners of War
According to the Geneva Convention Relative to the Treatment of
Prisoners of War, Article 71 indicates that “Prisoners of war shall be
allowed to send and receive letters and cards.” Even though the
prisoners reserve the right to communicate and inform their status of
life to states and individuals in the time of war, the DPRK denies the
access to communicate; and the ROK neglects to take any actions,
which is a clear violation of Geneva Convention Article 48. The most
important component of Geneva Convention is repatriation of the
prisoners. Geneva Convention on Prisoner Relative to the Treatment
of Prisoners of War, Article 119 indicates that States are obliged to
assure prisoners’ repatriation with the least possible delay. According
Geneva Convention Relative to the Treatment of Prisoners of War,
Article 118, indicates that “Prisoners of war shall be released and
repatriated without delay after the cessation of active hostilities.”
Furthermore, Article 119 indicates “commissions shall be established
for the purpose of searching for dispersed prisoners of war and of
32
Spring 2010 Life & Human Rights in North Korea
assuring their repatriation with the least possible delay.
3. Geneva Convention and the Issue of Abductions
The most important role of the Geneva Convention is protection of
civilians. According to the Geneva Convention relative to the
Protection of Civilian Persons Article 3, Persons taking no active part
in the hostilities shall in all circumstances be treated humanely.
Violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture is prohibited. Furthermore, it
indicates that taking of hostages is prohibited. At the beginning of the
Korean War, the DPRK had abducted massive numbers of South
Koreans. Between July and September of 1950, 88.8% of the total
abductees were abducted within a period of three months. The
locations of abductions were mostly in abductees ‘house or their
neighborhoods, which indicates that North Korea’s act of abduction
was premeditated and systematic. Civilian abduction is a clear
violation of the Geneva Convention and thus a war crime. Of course,
the DPRK government may argue that it was trying to remove the
civilians from the warzone to protect them from harm. However, the
fact that the abductees have not been returned after the truce, it
strengthens the theory of systematic abduction. After the cease-fire,
the DPRK is obliged to return war abductees according to the Geneva
Convention relative to the Protection of Civilian Persons Article 132.
The DPRK is obliged to permit exchange of correspondence
according to Article 107, family visitation, especially during the
family events before and after the truce according to Article 116.
4. The Duties of North Korea and South Korea
The DPRK is obliged to undertake the responsibilities of a member
state of the Geneva Convention. Since the Korean War is not legally
40)
For instance, the Citizens’
Alliance for North Korean
Human Rights (NKHR) has
organized an International
Conference on North Korean
Human Rights & Refugees in
Japan, Poland, Norway, the
UK, and Australia since its first
conference in Seoul in 1999.
Through the conferences, it
has raised awareness on the
issue and built cooperation
with scholars, officials, and
human rights activists in
countries, furthermore, the
conference has contributed to
bring the issue to national and
international levels.
33
North Korea and Applications of International Human Rights Law
terminated, the DPRK’s continuous violations are war crimes thus
under the jurisdiction of the ICC. However, accusing an individual
with the responsibility of detaining of prisoner of war or civilians is
not entirely legitimate. We may sue the DPRK in the Court of
International Justice(CIJ) to carve a seal in its legal responsibilities
but the likelihood of the DPRK recognizing the CIJ’s jurisdiction is
very little. Technically, the UN Security Council may solicit other
human rights violations to the CIJ and the DPRK may be persecuted
for criminal offenses; but it is unlikely on practical grounds.
Therefore, the most advisable strategies are reaffirming the DPRK
with the legal obligations of the UN’s various Human Rights systems
and resolutions; and taking the humanitarian approach with the
International Red Cross Committee and the Red Crosses of South
and North Koreas. The DPRK and the ROK share duties in executing
exchange of correspondences, visitations and verifications of life
under the provisions of the Geneva Convention. The year 2009 was
the 60th anniversary of the Geneva Convention. The exchange of
letters and reunion of the separated families in North and South
Koreas shall not be delayed any longer.
VII. North Korean Human Rights
and the Role of Lawyers
The Human Rights problem in North Korea began to be known to
the international community due to the severity of the food crisis
from the mid 1990s. The issue became international as the
resolution on the human rights situation in North Korea has passed
in the UN Commission on Human Rights in 2003. North Korean
human rights NGOs started to raise awareness on the situation
41)
The UN special rapporteur on the
situation of human rights in North
Korea, Vitit Muntarbhorn who
received his education in England,
is a law professor at the Royal
Chulalongkorn University.
Furthermore, he is one of the
internationally renowned scholars
on the subject of North Korean
human rights. Regarding the
question of which North Korean
defectors should be regarded as
refugees or economic migrant
workers, he has explicitly answered
the question with legal theory that
they should be viewed as refugee
sur place As a lawyer, he also
took strict precautionon that
North Korean human rights issues
become too political or only vain
discussion. In contrast to the US
special envoy to human rights in
North Korea, he has contacted
diverse range of organizations
regardless of their ideological and
political stands. Thus, he gained
trust from the left side groups,
including the media, which do not
welcome the resolution: the left
side newspaper, Hangyoreh,
reported an interview with Vitit
Muntarbhorn in great details. And
this greatly helped the issue to be
dealt in Nation-wide and his
reports are internationally
recognized.
http://www.hani.clkr/arti/politics
/defense/78744.html,
http://www.hani.co.kr/arti/politic
s/defense/267479.html
34
Spring 2010 Life & Human Rights in North Korea
domestically, and then appealed to international public to garner
worldwide support through organizing international conferences in
various countries.
40)
Eventually, such efforts have paid off with the
establishment of the mandate of UN Special Rapporteur on the
situation of human rights in North Korea who has accumulated and
analyzed the cases of human rights violations through periodic
reporting to the UN General Assembly.
41)
What to take notice here is that the capacity of human rights
organizations and their members has a direct impact on the
improvement of human rights. For example, the most thorough text
on the human rights situation in North Korea is the ‘White Paper on
Human Rights in North Korea’ which is annually published by the
Korea Institute for National Unification. Moreover, the ‘White
Paper on Human Rights in North Korea’ issued by the Korean Bar
Association deepened the knowledge of experts in international
human rights covering human rights situation in North Korea as
well as human rights related laws, including Criminal Code in North
Korea, where NGOs have had limited access . The UN Universal
Periodic Review is known to be one of the most important analyses
of human rights in North Korea.
42)
What is lacking, however, is that the issues have not been largely
brought up through the special communication procedures within
the UN. Apart from the Human Rights Council, there are various
existing communication procedures and special working groups on
thematic issues in the UN.
43)
Communication procedures are a
mechanism for particular victims to request aid and protection,
especially the Working Group on Arbitrary Detention, Special
Rapporteur on the Right to Food, the Special Rapporteur on Torture,
the Special Rapporteur on the Promotion and Protection of the Right
to Freedom of Opinion and Expression
44)
, the Special Rapporteur on
42)
Korean Bar Association
(KBA), White Paper on
Human Rights in North
Korea (2008), ISBN 978-89-
961589-1-2. The KBA has
established a sub-
committee for human rights
in North Korea under the
Committee for Human
Rights. The sub-committee
published the first White
Paper in 2006 and the
second in 2008.
43)
Weissbrodt, David.
International Human Rights;
Law, Policy, and Process,
3rd Edition, Anderson
Publishing Co. 2001,
p.246~272. The term can
also be referred to
‘Thematic Mechanism’.
44)
The Special Rapporteur on
the Promotion and
Protection of the Right to
Freedom of Opinion and
Expression. Prisoners of
concentration camps can
request aid and protection
under this thematic
procedure, because most of
the prisoners were taken to
the camp due to his/her
political opinion.
35
North Korea and Applications of International Human Rights Law
45)
From October 4th to 9th in
2009, Korea Bar Association
(KBA), Citizens’ Alliance for
North Korean Human Rights
(NKHR), and Human Rights
Watch carried out joint
activities and discussed
human rights problems in
North Korea visiting
permanent missions to the
UN, OHCHR, UNHCR, ICRC
and meeting human rights
officer in charge of North
Korea and working groups on
thematic issues. Particularly,
delegates from KBA and
NKHR, Executive Director of
Human Rights of KBA, Jae-
won Lee, Chairperson of the
Subcommittee on North
Korean Human Rights of
KBA, Tae-hoon Kim, Member
of the Subcommittee on
Human Rights in North Korea
of KBA, Ran-joo Kwak,
spokesperson of KBA, Won-
hee Cho, Director of Human
Rights Section of KBA, Man-
ho Heo, Professor of
Kyungpook National
University, Jae-chon Won,
Professor of Law School of
Handong University,
36
Spring 2010 Life & Human Rights in North Korea
Freedom of Religion or Belief, and the Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions. After a document
complaint with the details of violations and perpetrators is received,
the UN launches certain measures for the victims.
Unfortunately, not a single case has been submitted through the
procedures for past 10 years.
45)
Like an ordinary court can not
proceed until formal legal action is taken, the ICC and other related
mechanisms in the UN follow the same procedure. There are cases of
forced repatriation and abduction; however, it is difficult for a one to
document complaints on violation against human rights and submit
them to an organ concerned. The utilization of the mechanism is up
to the lawyers.
Moreover, the principle of improvement for human rights in
North Korea and the following state responsibilities should be
provided through legislation because of the absence of institutional
mechanism on supporting human rights and humanitarian aid for
the country. Meanwhile, the United States and Japan enacted the
North Korean Human Rights Acts and carry out activities
accordingly.
46)
In addition, the establishment of North Korean Human Rights
Infringements Record Center is urgently needed.
47)
The data on
human rights violations and the victims can restrain and partially
deter the violations by the authorities and will be a stepping stone
for liquidation of the past for the country in the future.
The role of lawyers in the process is very crucial since the data
which meets the above legal standards of proof should be collected,
recorded preserved to be legally recognized by the court of South
Korea, as well as ICC and the UN mechanisms for thematic issues.
The time is ripe that legal experts, including lawyers and jurists build
a capacity to advocate human rights in North Korea and establish
constitutionalism and carry out activities to outreach accordingly.
48)
VIII. Conclusion
North Korea, to be a good member of the international community,
should transform itself to a constitutional state, complying with the
UDHR and international human rights instruments in which it is a
party to.
Human rights issues in North Korea are not distinct from
elsewhere and should not be treated as such. Based on current trends
in the international community, human rights violations of a country
is not an internal problem. In fact, since the 1980s, the international
community has forced the implementation of humanitarian
intervention in the human rights violations in Kosovo. Also, it
established and operated three War Crimes Tribunals for Rwanda,
Ex-Yugoslavia, and Cambodia. The International Criminal Court
was also established and the international community no longer
overlooks human rights violations in a certain country. A series of
establishment of international criminal legal system will also affect
North Korean leaders’ perception of international affairs.
South Korea should put an effort with other neighboring
countries not to make human rights problems in North Korea an
obstacle in cooperation of the Asian community. As it would be
required to establish human rights regime like European human
rights treaty in the Asian region, South Korea should play a leading
role and contribute to the promotion of democracy and human
rights in Asia. For this, in the long term, a comprehensive
mechanism which brings the stability on the security of the Korean
Peninsula and East Asian region such as the 1975 Helsinki
Young-ja Kim, Director of
NKHR, Sanghee Bang,
Program Officer of NKHR,
visited working groups on
thematic issues and
discussed procedures of
communication mechanism
for North Korean Human
Rights. An officer at the
office of Special Rapporteur
on the Promotion and
Protection of the Right to
Freedom of Opinion and
Expression said they have
not received a single case
related to North Korea for the
past ten years in a meeting
with an afficer assisting
Special Rapporteur on
Freedom of Expression in
Palais Wilson, Geneva,
Switzerland on October 5,
2009. Furthermore, it has
been confirmed that no case
has been reported since 1995
at the meeting with office of
the Special Rapporteur on
Arbitrary Detention at the
meeting with Nikolus
Schultz, the officer assisting
Working Group on Arbitrary
Detention, Palais Wilson,
Geneva, Switzerland,
October 7, 2009.
37
North Korea and Applications of International Human Rights Law
Conference and the Organization for Security and Cooperation in
Europe is essential in East Asia.
Meanwhile, in the short run, South Korea has to resolve the
current challenges of North Korean nuclear issues within the six-
party talks though a bigger framework of economy, human rights,
security, and cooperation in Asian region. At the same time, South
Korea should discuss the issues of human rights and human security
by expanding the current six-party talks and seek for the
improvement of serious human rights issues such as monitoring
humanitarian aid, protection of North Korean refugees, reunions of
separated families, South Korean POWs and abductees, and
freedom of religion.
Lastly, human rights cannot be improved only with political debate
or slogans. Especially, protecting individual and his or her own family
members is a beginning of protection of human rights. Actually
effective human rights remedies cannot be accomplished without
professionals who can manage cases, make appeals for them, and use
remedy system. Now it is time for us lawyers to take an action.
Key Words: North Korean Human Rights, International Human
Rights Law, UN Human Rights Council, Universal Periodic Review
(UPR), Religious Freedom in North Korea, International Criminal
Law, International Humanitarian Law, Guilt By Association, Socio-
Political Caste System, Political Concentration Camp, Refugee Sur
Place, Non-Refoulement, Crime Against Humanity, Genocide,
Geneva Convention, Asian Human Rights Treaty, North Korean
Human Rights Act
Translated by Sanghee Bang, Soo-jin Park, Moon Young Kim,
Sejin Hwang and Michael Glendinning
46)
The US has urged continuous
humanitarian solution for
North Korean refugees with
North Korean Human Rights
Act of 2004 and eliminated
restriction on refugee and
asylum through revision of
migration law. Japan
legislated North Korean
Human Rights Violations
Relief Act which enables
economic sanctions against
North Korea if the authorities
do not make any
improvement.
47)
Before the unification, West
Germany established the
Central Registry of State
Judicial Administrations in
Salzgitter, an associate organ
of Public Prosecutor’s Office:
This can be a role model for
the Human Rights
Infringements Record Center
for North Korea.
48)
Human Rights Committee of
the Korea Bar Association is
expected to take more
international role in the issue
and participation of Korean
lawyers will lead to their
strong presence in future Asia
38
Spring 2010 Life & Human Rights in North Korea
I was born in Baekam of the Ryanggang Province in the 1960s. I enlisted
at 17 and retained my position for 12 years. I married while enlisted at
the age of 24.
In the 1990s, after being discharged, I was assigned to a role as an
operator in a telecommunication office in Hyesan City, but instead I
decided to engage in commerce. I gave the money I made through
commerce to where I was stationed to work, which in exchange they
allowed me to stay at home. I sold copper from Hamhung Province.
Selling goods was much better than having to attend to my stationed
position. One day the revenue that I raised through commerce was
confiscated by the government. After learning about the wealth that one
can make in China, I decided to go there.
When I was conducting business, I rode the train often. On the
train, however, a woman is disposed to much sexual harassment.
Women would be groped by passing men, to which they could say
nothing. To speak out would incur violence on the victim. Appealing to
a Public Safety Agent would be just as gratuitous as they dismiss the
39
Unforgettable Misery in North Korea
Witness Account
Unforgettable Misery
in North Korea
A testimony of a North Korean woman who was repatriated to North Korea
Myungsook Lee
Escaped from North
Korea in May 2006
Entered South Korea in
December 2008
Children do not
attend school as
they cannot afford
to pay fees.
40
Spring 2010 Life & Human Rights in North Korea
claim with incredulity. To ride a bicycle was difficult for normal
households. The homes that had bicycles belonged to the affluent.
A woman was not allowed to wear pants and she had to tie her hair
or cut it short. Children do not attend school as they cannot afford to
pay fees. It has gotten worse. Any food aid from the outside was
promptly delivered to the military and then released to markets. There
was a lot of fertilizer. I even saw fertilizers that were from South Korea
but one had to purchase it with one’s own money.
First Escape to China and Repatriation
I left for China in December of 2003. After hearing about the prosperity
that China promised from a coworker, eight others and I went to
Changbai in China via Hyesan City in North Korea. After arriving in
Changbai in China, four or five men were waiting for us in a car. That’s
when we were sold. I later discovered that I was sold for 8,000 yuan.
After being put into the car, I found myself on a train bound for Jilin
City. I had been sold to a disabled Korean-Chinese man who was in his
forties. He spoke no Korean, he drank profusely, and he was apt to
strike me for no reason. I lived in the same neighborhood as my eight
travel companions. In spite of being handicapped, my husband beat me
often. I withstood his violence for three years, but eventually escaped to
Shenyang of the Liaoning Province. During ventures to the market, I
was able to meet a good man. Though he was also Korean-Chinese, he
did not strike me, treated me to meals, and he even gave me money to
spend at my own volition.
While I was living in Shenyang, I went to Tonghua to earn money, but
one North Korean woman reported me to the Chinese police. In August
2005, two Chinese police officers came around asking for identification. As
I did not have identification, I was arrested and taken away. At that point, I
was seven months pregnant. I was put into a detention facility in Tonghua.
When I said that I
did not have any
money, the agent
recklessly beat me
up for betraying the
country and not
having money.
After a cursory on-site investigation, I was sent to the military. The
Chinese soldiers beat me during this investigation. The investigation lasted
three days, during which time they took my photograph, archived my
thumbprint, and treated me as if I were a criminal. I was subject to torture
in the form of sitting and standing repeatedly and being prevented from
lying down. The soldiers would take some prisoners out and sexually
harass or rape them. They asked me many questions, such as the date of
my defection and whether there were any cohorts or conspirators. One of
the others with whom I defected from North Korea reported that I
fraternized with a South Korean. This was then added to my record. I was
sent to Jagang via Manpo. Aboard a car with two escorts and six other
North Koreans, we went back to North Korea. They had all of our official
documents with them.
The Chinese authorities transported us to Manpo station and
handed us over there to North Korean authorities. We were then taken
to the Manpo Security Agency by a truck. Once we arrived, the guards
started to search our bodies. To find any hidden money, agents made us
do so-called pumping which involved us sitting and standing repeatedly
whilst naked. They then called a female member of the catering staff to
check our uteruses. She did not put any gloves on, nor did she wash her
hands, before each check-up. Even the pregnant and girls could not
avoid this. After the body search, we were all put in a cell. When we sat,
we had to kneel down. The investigation began the next day. Whenever
the agents called someone’s name, we had to go to an interrogation
room. In the room, there were a desk and a club. The first question I
was asked was whether I had money. When I said that I did not have
any money, the agent recklessly beat me up for betraying the country
and not having money. The agent then questioned my reason for
leaving for China. Regardless of the way that I answered a question- if I
did not know or if I gave a reason-I was badly beaten. I kept crying and
41
Unforgettable Misery in North Korea
I was made to write
a full confession
many times. I would
be beaten if the
confession was
different from
earlier ones.
saying that I would never go to China again. We were interrogated twice
a day: in the morning and afternoon. After an interrogation, we had to
go outside to work. Even in the security agency, we had to work. After
days of investigation, an escort from the Ryanggang Provincial Security
Agency came and took me to Hyesan City in 10 days.
To Provincial National Security Agency
Eight prisoners including myself were taken to the Ryanggang
Provincial Security Agency by a car. As soon as we arrived, the agents
made us get naked. They searched our clothes, hair and uterus, and put
three prisoners in a cell. The crimes of the other prisoners in my cell
were making a phone call to South Korea and helping others go to
South Korea. From the beginning of the investigation, the agents were
aware of my crime because of the document written up by the Chinese
police. I was supposed to be sent to Baekam Security Agency because
my home was in Baekam. Instead, I was sent to the Kwalliso (Political
Prison Camp) because my sister had not contributed to the Party
expenditure for three years and I discharged from the military service. I
was branded as a traitor. I was sentenced to serve 6 years in Kwalliso but
I thought it was a light punishment compared to others. I was detained
in the Ryanggang Security Agency from August to November.
I was made to write a full confession many times. I would be beaten
if the confession was different from earlier ones. I was often beaten
around the head. Agents used clubs to beat us or they kicked us with
their heels. They would summon us at night or whenever they were
bored. I insisted that I did not meet any South Koreans. They also kept
demanding money from me. No one cared about my baby because all
assumed she would be killed.
I had to sit down and be still all day long. Sometimes I was not
42
Spring 2010 Life & Human Rights in North Korea
Amongst the 19
groups, one
consisted of
prisoners who were
almost dead and
could not work.
allowed to sleep. The torture was so severe that I signed 10 documents
with my thumbprint in 5 days. I admitted all the charges against me.
We were given only 5 minutes to eat and they would just take away
food if we missed the meal time. In the Security Agency, no soup was
given to us. During these preliminary proceedings, many prisoners
committed suicide due to the severe torture.
To Kwalliso
Without a trial, I was sent to Kaechon Kwalliso. A man from Kaechon
Kwalliso came by a car and said, “You are sentenced to 6 years,” and
that’s how I knew that I would be imprisoned for 6 years. I have never
seen or heard of a lawyer in North Korea. When I arrived in Kaechon
Kwalliso, I changed into a prison uniform. We used to call the prison
Kaechon Kwalliso, but outsiders call it No.23 Kwalliso. No. 18
Bukchang and No. 14 Kaechon Kwallso had been consolidated into
one: the No. 23 Kwalliso. The camp I was detained in was, I believed at
that time, in between Sangwon and Onchon County. I heard later that
it was in Sangwon County.
I was imprisoned in the camp for female prisoners. The prison was a
one-story building. There was a two-story building for the prison
guards. In the prison building, there were 19 cells. There were 18 to 20
prisoners per cell. According to the number of cells, prisoners were
divided into 19 groups. There were more than 200 prisoners in the
camp. I was told to be in Group 3. Amongst the 19 groups, one
consisted of prisoners who were almost dead and could not work. I was
assigned to farm and raise pigs. In the cell, there was a blanket chest and
a urinal tub and I stayed there with 8 other border crossers.
When I entered the prison, I said, “Hello, sir. I am from Ryanggang
Province.” Then the guard kicked me without any reason. They dug a
43
Unforgettable Misery in North Korea
Whilst I was in the
prison, people died
from beatings or
starvation almost
everyday.
hole in the ground and we had to change into a prison uniform in there.
The guards made a fire and we stood around it because they thought
that we might have some diseases. They put our clothes in a locker and
had our hair bobbed.
We had to line up when the guards called the roll at 9 am. They
called out numbers. Even though we were sick sometimes, we couldn’t
say anything. We had to get up at 5 am and we would retire to bed at 10
pm. When the guards said “All rise!” we had to get up, go to the front
yard and stand in line. After a roll call, we could go to the toilet for 5
minutes only. Then we sang songs called ‘Let’s stay socialist,’ ‘Ideology,’
and ‘Training’ For meals, they gave us corns, pickled radish, and salted
water. After breakfast, we had to work in a field. Sometimes I stole
something to eat in the field because I was starving. Then the guards
would trample my hands.
There were no doctors and treatments at all. The prisoners were
divided into 19 groups. The last group consisted of prisoners with
diseases. We didn’t get any medicine. If a prisoner died, the guards
would call some of us, and then we had to carry the dead body and bury
it anywhere. Whilst I was in the prison, people died from beatings or
starvation almost everyday. When a prisoner died, the body was not
buried soon after. The dead bodies were stored in a warehouse where
working tools were kept. Rats would eat the flesh off the dead bodies.
A prison building for male prisoners was located behind the
females’ prison. One male prisoner, called Myung-Cheol, escaped from
the prison but he was soon caught. He died from 3 days of harsh
beatings. Sometimes prisoners were immediately executed by firing
squad when they attempted to flee but most of them died because of
harsh beatings.
44
Spring 2010 Life & Human Rights in North Korea
The guards put the
baby face down and
asked me if I would
want to let the baby
die. They started to
kick me all over
when I said I could
not let my baby die.
Childbirth in Kwalliso
I gave birth in the prison. On the way to work that morning, I was hardly
able to walk because the time was near. As the prison guards kicked me to
make me walk faster my water broke. I told to the guards that I was sick
and they took me to the hospital outside of the Kwalliso. They said unless
I gave birth on that day they would kill me. In front of the hospital one of
the prisoners who followed us said she could see the baby’s head. After I
said that I was embarrassed, I was moved to an aisle in the hospital and
had my baby there. She said it was a girl and cut the umbilical cord with
her teeth. The guards put the baby face down and asked me if I would
want to let the baby die. They started to kick me all over when I said I
could not let my baby die. As a result, my back teeth were broken and I
got wounded on my face. I kept saying that the baby had to be saved. My
baby cried for hours even whilst she was put face down. Then I fainted. I
wanted to cover her body with my underwear but then I decided not to. It
was before midnight when I delivered my baby. I got back to the Kwalliso
at 3 am and started to work again at 5 am. I was still bleeding. I used my
socks to stop it as there was nothing else to use. Other prisoners quietly
cut their blankets and let me use them too.
On April 15, 2006, the guards said they would grant us an amnesty.
In North Korea, amnesties are granted on Kim Il-sung and Kim Jong-il’s
birthdays, but there is no such thing in the Kwalliso. A woman from
Sariwon brought a large nail and three of us decided to escape. We
started to make a hole in the cell wall every night. One night she woke
me and I could see that she had succeeded in making the hole. It had
taken 4 days. It was easy to get through the hole. Whilst we went through
the foul water pipe to pass out of the outer wall, one woman who
worked in the lunchroom saw us and shouted to everyone that we were
escaping. The sirens were turned on. Holding hands with each other, we
just ran away. We crossed a small stream. As we didn’t put shoes on, out
45
Unforgettable Misery in North Korea
I had been in
Kwalliso for 6
months before I had
succeeded in
escaping.
bare feet were covered in blood. After a while we tried to get to the train
station as we didn’t know the right way to go. To change the prison
uniform we were wearing, we waited at the bottom of a mountain and
stole other villagers’ half dried laundry. We were in Kacheon. We had
run from Sangwon to Kaecheon. It seemed that we would easily get
caught there so I suggested hiding in a freight train. We were on the train
for a whole day and we got off after 4 stops. We stole soap and washed
our bodies that had been covered in dirt from the coal that was on the
train. We moved to Songgan County in Jagang Province. We sold some
of the stolen shoes and some corn in the street market and we made
3,000 North Korean Won. In Manpo City, surveillance was so strict that
we had to go to the mountains. In a train station called Gunha, we
hopped on to a freight train again and went to Hyesan City via Huchu in
Ryanggang Province. I wanted to go to my aunt’s house but it was under
police surveillance. I went to my aunt’s sister-in-law and luckily she hid
me in her house. When I had fled, all the other prisoners in my cell also
ran away except for 3 prisoners who couldn’t run. Later I heard that
some of them had been caught. I had been in Kwalliso for 6 months
before I had succeeded in escaping.
Second Escape to China
After I escaped from the prison, I went back to Hyesan City and tried to
leave for China again. When I crossed the river to get to China, it was
cold and a thin layer of ice covered the river. I fell through the thin ice
sheets into the cold waters trying to cross the river. On May 18, 2006,
three of us managed to escape from North Korea and we all scattered in
different directions when we arrived in China. With help from the guy
whom I had lived with in Shenyang - I lived with him for a further 2
years - I left for South Korea on October 18, 2008. From Southern
China, Kunming, I went to Thailand on a small boat. I was held in a
46
Spring 2010 Life & Human Rights in North Korea
detention center for 2 months in Thailand. I arrived in South Korea on
December 18, 2008.
Translated by Sanghee Bang, Soo-jin Park and Michael Glendinning
47
Unforgettable Misery in North Korea
Citizens’ Alliance for North Korean Human Rights (hereafter
NKHR) and Korean Bar Association (hereafter KBA),
taking note of the importance of various unsolved problems
including the human rights situation in North Korea and the plight
of refugees, abductees and POWs kept in North Korea,
reinforcing cooperation with various authorities of the
international community, namely the United Nations, the European
Unions, governments, and international non-governmental
organizations, in International Community,
agree to the below terms for leading human rights improvement in
North Korea and protecting and redeeming the rights of the victims.
Article 1
Purpose of the agreement
The purpose of this protocol is to build cooperating relations
between the two parties, which is needed for joint activities to
improve human rights in North Korea and to protect the refugees
and for the other related missions.
Document
Memorandum of Understanding
of the Cooperation for Improving Human Rights
in North Korea and Protecting the Rights of Victims
NKHR, Korean Bar Association
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Article 2
Utmost good faith
(1) NKHR and KBA should keep mutual faith and follow and
implement this protocol.
(2) Apart from this protocol, both parties should not provide
any information obtained in the course of consultation to a
third party without written consent of the other party.
Article 3
Objectives of the cooperation
Objectives of the joint activities promoted by both NKHR and KBA
are as follows;
(1) NKHR and KBA will operate campaign activities under
cooperation.
(2) NKHR and KBA will foster exchange and cooperation with
international legal organizations.
(3) NKHR and KBA will strengthen exchange and cooperation
with international NGOs.
(4) NKHR and KBA will utilize personnel to promote human
rights in the DPRK and to protect the defectors.
(5) NKHR and KBA will exchange resources and information on
the DPRK’s human rights and refugee situations.
(6) NKHR and KBA will foster exchange of research and active
communication between legal and human rights organizations.
(7) NKHR and KBA will serve as exemplars for legal and human
rights organizations.
Article 4
Provision of agreement
For Specific tasks and preparations to achieve the goals
aforementioned in the Article 3, and other matters that have not yet
been discussed will be written into agreements after consultations
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Memorandum of Understanding of the Cooperation for Improving Human Rights in North Korea
between both parties.
Article 5
Effect
(1) Each agreement will be effective from the signed date until a
new agreement is provided as mentioned in Article 4.
(2) If no new agreements are provided, then each agreement will
be applied for one year. However, the application of each
agreement will be automatically extended for another year, if
no party expresses its willingness to terminate the agreement
30 days in prior to termination date.
NKHR and KBA will each sign two contracts and keep one contract
for each organization.
February 21, 2010
Chairman, NKHR
Benjamin H. Yoon
President, KBA
Pyung-Woo Kim
Translated by Soo-jin Park, Moon Young Kim and Michael
Glendinning
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Document
Draft Report of the Working Group
on the Universal Periodic Review
*
Democratic People’s Republic of Korea
Introduction
1. The Working Group on the Universal Periodic Review (UPR),
established in accordance with Human Rights Council resolution 5/1
of 18 June 2007, held its sixth session from 30 November to 11
December 2009. The review of the Democratic People’s Republic of
Korea was held at the 11th meeting on 7 December 2009. The
delegation of the Democratic People’s Republic of Korea was headed
by H.E. Mr. Ri Tcheul, Ambassador and Permanent Representative
DPRK Mission in Geneva. At its 16th meeting held on 9 December
2009, the Working Group adopted the present report on the
Democratic People’s Republic of Korea.
2. On 7 September 2009, the Human Rights Council selected the
following group of rapporteurs (troika) to facilitate the review of the
Democratic People’s Republic of Korea: Mexico, Norway, and South
Africa.
*
The final document will be
issued under symbol
number A/HRC/13/13. The
annex to the present report
is circulated as received.
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Draft Report of the Woring Group on the Universal Periodic Review
HUMAN RIGHTS
COUNCIL
Working Group on the
Universal Periodic
Review, Sixth session
Geneva, 30 November
-11 December 2009
3. In accordance with paragraph 15 of the annex to resolution 5/1,
the following documents were issued for the review of the
Democratic People’s Republic of Korea:
(a) A national report submitted / written presentation made in
accordance with paragraph 15 (a) (A/HRC/WG.6/6/PRK/1);
(b) A compilation prepared by the Office of the High
Commissioner for Human Rights (OHCHR), in accordance
with paragraph 15 (b) (A/HRC/WG.6/6/PRK/2);
(c) A summary prepared by OHCHR, in accordance with
paragraph 15 (c) (A/HRC/WG.6/6/PRK/3).
4. A list of questions prepared in advance by Argentina, Canada,
Czech Republic, Denmark, Germany, Hungary, Ireland, Japan, Latvia,
Norway, Republic of Korea, The Netherlands, Sweden, Switzerland,
United Kingdom of Great Britain and Northern Ireland, was
transmitted to the Democratic People’s Republic of Korea through the
troika. These questions are available on the extranet of the UPR.
I. SUMMARY OF THE PROCEEDINGS OF
THE REVIEW PROCESS
A. Presentation by the State under review
5. The delegation of the Democratic People’s Republic of Korea
(DPRK) stated that it appreciated this opportunity to participate in
the 6th session of the UPR Working Group of the Human Rights
Council. As it is known, at the UN HRC and the UN GA the human
rights situation of DPRK has been singled out for discussion every
year out of purposes and motives irrelevant to genuine human
rights, resulting in the adoption of the unjust “resolutions”. DPRK
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neither recognize nor accept such “resolutions”, and categorically
reject them as the extreme manifestation of politicization, selectivity
and double standards in the area of human rights.
6. However, DPRK has come to this session as it values the UPR
mechanism, which is impartially treating all UN member states with
different ideologies and systems, cultures and traditions. DPRK
hopes that this session will serve as an excellent occasion for the
international community to adopt a cooperative approach with a
view to correctly understanding and impartially assessing the human
rights ideas and policies DPRK people have chosen and the prevailing
reality of the country.
7. The DPRK has consistently maintained the principle of prioritizing
human rights and honouring the UN Charter and the international
human rights instruments. Its history has been the history of struggle
to safeguard genuine human rights of its people.
8. Immediately after the liberation from colonial rule in 1945, DPRK
laid down a framework for establishing a democratic judiciary,
instituted and promulgated the Decrees on Land Reform,
Nationalization of Industries, Labour, and on Sex Equality, and
carried out democratic elections.
9. The DPRK honourably safeguarded its system and dignity in the 3-
year war imposed by foreign forces just 5 years, after the country’s
liberation. After the war, which turned everything to ashes, the DPRK
took active steps to raise the people’s deteriorated material and
cultural living standard to the pre-war level. Its Government, even
during the hard time of the war, effected human rights policies
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Draft Report of the Woring Group on the Universal Periodic Review
including through enforcing universal medical care and taking steps
for the relief of war victims.
10. The Government laid foundation for ensuring, to a greater
extent, the enjoyment by people of their human rights in material
and cultural life, which, in the 1980s reached a heyday in the
country’s economic power and people’s living. However, dissolution
of socialist market in the early 1990s and consequences of natural
disasters that hit our country repeatedly from the mid 1990s
negatively affected economic and cultural rights in general.
11. It was also at this time that military pressure and threats of
aggression by hostile forces reached an extreme, compelling DPRK
people to choose whether to “defend their independent lives or fall
into slavery”. They have made tireless efforts in hearty response to
the Songun leadership of the great General KIM JONG IL, and in
the course, the country acquired a strong war deterrent that can
firmly safeguard their human rights system.
12. Today DPRK people, with ever more heightened honour and
pride, are working devotedly to make the country an economic
power and to guarantee the effective enjoyment of their human
rights in economic, social and cultural sectors.
13. The DPRK is a socialist State guided by the great Juche idea, the
essence of which is that people are the masters of everything and
decide everything. Its sovereignty resides in the workers, peasants,
servicepersons, intellectuals and all other working people. The legal
system that has embodied the Juche idea stipulates democratic rights
and duties, as well as guarantees, ways and means for their realization.
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14. Every individual citizen is entitled to enjoy human rights and the
State is obliged to ensure those rights-this is one of the important
features of the system for the protection and promotion of human
rights in our country.
15. The Government of the DPRK will in the near future create a firm
guarantee for the ensuring on a higher standard of a more affluent
and civilized life for its people, their human rights and fundamental
freedoms.
16. Finally, the delegation noted it will participate in the interactive
dialogue in a constructive and sincere approach, convinced that it will
serve as an occasion to facilitate understanding of the human rights
situation of the DPRK.
B. Interactive dialogue and responses by the State under review
17. Fifty-two countries took the floor during the interactive dialogue.
A number of countries recognized the significant achievements by
DPRK in the fields of health, education, gender equality. The decision
of the Government to actively participate in the UPR process was
welcomed, as well as the decision to engage in a dialogue with the
Committee on the Rights of the Child. The Government was
encouraged to intensify its efforts with a view to achieve MDGs by
2015. A number of natural disasters, which consecutively hit the
country in the nineties, gravely affected the economic situation in
addition to the loss of human life. Recommendations made during
the interactive dialogue appear in Chapter II of the present report.
18. Brazil enquired about internal challenges to the protection and
promotion of human rights. Brazil remained concerned about the
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Draft Report of the Woring Group on the Universal Periodic Review
practice of execution in political detention camps and the disparities
in public distribution of food. Brazil hoped that the DPRK
authorities re-establish full-fledged investigations on the abductions
of Japanese nationals and engage in a dialogue with Japanese
authorities. .
19. Japan noted certain positive steps undertaken by DPRK such as
engaging in dialogue with the Committee on the Rights of the Child
and cooperating with UNICEF to improve health situation and
quality education for children. Japan expressed its regret that DPRK
did not fully respond to the various concerns of international
community including punishment against those citizens expelled or
returned from abroad, public executions, the abduction issue and the
issue of detention facilities. Japan was also concerned about those
who are suffering.
20. The Republic of Korea noted the recent positive efforts of the
DPRK to engage with the CRC and to stipulate in the Constitution
that State shall respect and protect human rights. However, it
remained concerned about the detention in political prison camps
and violations of the freedoms of movement, expression, thought
and religion; a huge gap between the recognition of human rights in
legal codes and their actual implementation, and the situations of
separated families, prisoners of war and abductees. It urged the
Government to take all necessary measures at the grassroots level to
uphold human rights and fundamental freedoms enshrined in the
Constitution and domestic laws as well as in human rights treaties
such as ICCPR, ICESCR, CEDAW and CRC, to which DPRK is a
party. It strongly encouraged the Government to accept the technical
assistance offered by OHCHR.
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21. Cuba noted that the imposition of a Special Rapporteur and the
political manipulation vis à vis DPRK does not lead to cooperation
and dialogue. DPRK is a developing country, victim of imperialistic
aggressive policies, and recurring natural disasters. DPRK works to
consolidate a socialist and just society, which guarantees equality and
social justice. Cuba highlighted, inter alia, the existence of a universal
and free health system, the elimination of illiteracy and access to
education for all.
22. The United States of America was concerned by reports on
allegations of extrajudicial execution, torture, systematic deprivation
of due process and of forced labor. It referred to the lack of remedies
or transparent accountability in dealing with allegations of abuse and
expressed concern about reports of violence against women. It urged
to grant access to the UN Special Rapporteur on the situation of
human rights in the DPRK, it enquired about efforts to deal with
these issues.
23. Belgium noted the recent inclusion of human rights in the
Constitution, but remained concerned by reports on the situation of
political prisoners and the conditions of detention. It asked what
mechanisms of control exist to ensure human conditions of
detention specifically in camps of political prisoners. It asked about
specific measures taken to combat food shortages.
24. Algeria requested more information about the Juche concept. It
welcomed efforts to promote the right to education, which have
allowed achieving the MDG for primary education for all. Algeria
referred to difficulties in realizing the right to food, including for
children suffering from malnutrition, due to natural disasters,
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Draft Report of the Woring Group on the Universal Periodic Review
famine and appeal the international community to provide DPRK
population with food assistance.
25. The Bolivarian Republic of Venezuela noted that DPRK has an
index of one hundred per cent of children attending primary school,
compulsory, universal and free of charge, and at secondary school,
eradicating completely the illiteracy in the country.
26. Pakistan noted that the DPRK is party to core human rights
instruments and that its Constitution guarantees full enjoyment of
human rights. Pakistan appreciated the system of ensuring full
access to health and education services, the strong emphasis on
human rights education and the commitment to international
cooperation on human rights through cooperative dialogue.
27. Belarus welcomed the determination of DPRK to achieve
progressive realisation of material and cultural well-being of its
nation. Belarus commended the efforts of DPRK in ensuring the
principle of universal access to medical services and education.
Belarus found it important that DPRK has continued its efforts to
ensure food security in the country.
28. Turkey believed that acceding to CAT and cooperating with
special procedures, including the Special Rapporteur on DPRK will
help the authorities address some shortcomings. Turkey shared the
UN Secretary General’s recommendation that DPRK extend free
and full access to UN Agencies and other humanitarian actors and
asked DPRK’s views on measures to enable it benefit from
OHCHR’s technical assistance.
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29. Malaysia noted with encouragement the Government’s
concerted efforts aimed to build a progressive and prosperous
nation by the year 2012. It also encouraged the DPRK to extend its
engagement with the international community to address the many
challenges it faces with a view to improve the overall human rights
situation in the country.
30. Syrian Arab Republic commended efforts to protect and
promote all human rights and noted that the complete and universal
free medical care and education and the law on gender equality
show that DPRK is on the right track to achieve development
despite illegal sanctions imposed on it.
31. Thailand noted that the Constitution contains provisions on
human rights and that some domestic laws and policies have been
adopted to protect specific groups. Health care and education are
central parts of the social policies. It encouraged the country to do
its utmost to address human rights and humanitarian concerns with
a view to improving the well-being of its people.
32. France asked about reasons for imposing criminal sanctions on
people who try to leave the country and about the number of
persons condemned to death and executed over the last three years.
France noted that freedom of expression is limited and
systematically violated and enquired about the number of persons
incarcerated for political reasons. It hoped that the right to food for
the entire population be ensured.
33. Australia noted the DPRK’s engagement with the CRC, the
drafting of a 2008-2010 work programme for Persons with
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Draft Report of the Woring Group on the Universal Periodic Review
disabilities, and cooperation with the UNFPA as positive
developments. However, it remained disappointed by the
Government’s refusal to engage with many other aspects of the
United Nations system and the international community.
34. Sri Lanka enquired about the four unique characteristics of
human rights mentioned in the national report and hoped that the
international mechanisms, based on mutual respect, domestic
requirements and understanding would facilitate the DPRK in
enhancing the conducive environment to continue improving
human rights.
35. Myanmar welcomed efforts to attain the goal to build an
economic power by 2012. Myanmar commended DPRK for tangible
progress in ensuring the rights to education and health. It asked
DPRK to further elaborate on the realisation of universal free
education at primary level. Myanmar encouraged DPRK to share
lessons learned from its experience in training medical personnel.
36. Nicaragua highlighted DPRK’s legal and institutional framework
which guarantees fundamental human rights to its citizens. It
encouraged DPRK to continue strengthening the system of
promotion and protection of human rights, in observance of the
principles enshrined in the UN Charter and international human
rights instruments.
37. United Kingdom noted with concern the range of grave human
rights problems raised in the stakeholders report. It inquired about
the right to a fair trial and the prohibition of torture and about the
ways to address the shortage of medicines.
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38. Libyan Arab Jamahiriya mentioned that the Constitution
guaranteed the respect of human rights and the necessity to take
measures to that end and that the National report referred to the
objective of achieving equality and dignity for all.
39. Mexico acknowledged progress achieved on health, education
and gender equality in employment, despite the many challenges
stemming from the deterioration of the economy, natural disasters
and food scarcity. Mexico enquired about measures adopted to
follow up on alleged of enforced disappearances and abductions.
40. Islamic Republic of Iran noted the measures taken particularly in
the field of economic, social and cultural rights and encouraged the
Government of DPRK to intensify its efforts with the view to achieve
the MDGs. It recommended the international community to help
DPRK to secure adequate food for its people. Iran also noted with
interest the special attention paid to improve the situation of women
and children.
41. The delegation of the DPRK noted that the Constitution
provides in article 67 that citizens have the freedom of assembly,
demonstration and association, and the State shall provide
conditions for the free activities of democratic political parties and
social organizations. Assemblies and demonstrations are permitted
regardless of their forms and purposes unless they are not contrary
to the democratic principle and public order.
42. Freedom of opinion and expression are also constitutional
rights. No civil servant or law enforcement official can restrict or
suppress these rights. Any slight manifestation of restriction or
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Draft Report of the Woring Group on the Universal Periodic Review
persecution of these rights may invite public criticism or
denunciation, and in serious cases, lead to legal punishment.
43. The Constitution provides in article 68 that citizens have
freedom of religious belief, and these rights are granted by the State
by approving the setting up of religious buildings and holding of
religious ceremonies. The State treats all religions equally and does
not interfere in the setting up and operating of religious buildings,
nor in the organization of religious bodies and their activities.
Citizens are free to believe in religion of their choice.
44. On alleged classifying people into categories and practicing
discrimination, the Constitution provides in article 65 that citizens
have equal rights in all fields of State and public life. Such practices
are inconceivable. No one is privileged or particularly disadvantaged
in their access to material and cultural conditions.
45. On the issue of “political prisoners’ camps”, the delegation noted
that freedoms of speech, press, assembly and demonstration and
freedom of religious belief are the fundamental rights guaranteed by
the Constitution. Exercising the rights to such freedom can never be
criminalized. Thoughts and political views are not something that
can be controlled by the law. The term “political prisoner” does not
exist in DPRK’s vocabulary, and therefore the so-called political
prisoners’ camps do not exist. There are reform institutions, which
are called prisons in other countries. Those who are sentenced to the
penalty of reform through labour for committing anti-State crimes
or other crimes prescribed in the Criminal Law serve their terms at
the reform institutions.
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46. Regarding the relations between Songun politics and enjoyment
of economic, social and cultural rights, the delegate indicated that
DPRK is pursuing the Songun politics to safeguard the supreme
interests of the State and secure firm guarantee for the safeguarding
of the life and well-being of its people. Songun politics also makes
great contributions to the economic development and the
improving of people’s living.
47. On specific measures the Government is taking to secure
sufficient food for the population, the delegate noted that DPRK has
limited arable land, with 80 percent of its land made up of
mountainous areas. Moreover, the consecutive natural disasters
during the past several years stood in the way of providing sufficient
food to our people. The Government gave top priority to the
solution of food problem, took a series of practical measures and put
a lot of efforts into their implementation. The food aid provided by
different countries and international organizations over the years
greatly encouraged people in their efforts for the solution of food
shortage. DPRK will, in the near future, meet the domestic demands
for food on its own.
48. On the access to the sites of assistance by international aid
agencies, the delegate noted that the principle of “no access, no aid”
is a commonly recognized universal principle in cooperation
activities of the international organizations including specialized
agencies of the UN. In accordance with this principle, the
Government of the DPRK has provided all necessary arrangements
including on-site visits for the aid agencies operating in the country
and will do so, in the future, too.
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49. On cooperation with Special Rapporteur and other international
human rights bodies, the delegation noted that the human rights
situation of the DPRK is selectively tabled and discussed every year
at the UN Human Rights Council and General Assembly, resulting
in the adoption of the unjust “resolution” thereon. The Special
Rapporteur on the DPRK mandated by the “resolution” also
continues to present reports that decry DPRK system and policies
based on distorted information. For these reasons mentioned above,
DPRK totally rejects the “resolution” and does not accept the
mandate of the Special Rapporteur. The DPRK will, in the future,
too, reject the confrontational “resolution” and politicization of
human rights and will strive to make genuine dialogue and
cooperation a reality. It will also faithfully implement its obligations
under the international human rights instruments, and thus do
everything to ensure that its people enjoy full range of human rights
and fundamental freedoms under any circumstances.
50. On accession to the international human rights instruments, the
delegate noted that the greatest obstacle here is the selectivity and
double standard applied continuously to the country on the UN
human rights arena. However, it does not mean that DPRK is
opposed to the purposes and requirements of the international
human rights instruments. Although the DPRK is not yet a party to
several human rights instruments including the Convention on the
Rights of Persons with disabilities and the Convention against
Torture, their requirements are, in fact, incorporated in the national
laws and implemented. Once the obstacles are removed and
appropriate conditions and circumstances provided, DPRK will
voluntarily accede to the conventions and protocols, not upon any
request.
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51. Vietnam acknowledged efforts for the protection of the rights of
women, children, persons with disability and the elderly, and the
guarantee of health and education. Vietnam expressed readiness to
share its experience with DPRK related to the cooperation with
international community to solve humanitarian issues and
development of agriculture and the guarantee of food security.
52. China appreciated that the Constitution and laws provide for
respect for human rights. It noted that the protection and
promotion of human rights are priority tasks of various State
organs. DPRK has good educational and health care systems and
strategies are in place for the attainment of MDGs. China called on
the international community to provide humanitarian development
assistance and support efforts of the Government to develop
economy and improve peoples’ life.
53. Zimbabwe noted the strides to improve the overall standards of
living. DPRK has faced a number of challenges in implementing
some of the rights, mainly due to some global economic and
political factors.
54. Israel stressed that as a party to the ICCPR, CRC, ICESCR and
CEDAW, DPRK has an obligation to adhere to its international
commitments and protect and promote human rights.
55. Indonesia enquired about plans of the Governments to accede to
other core human rights instruments. Indonesia called upon the
DPRK to give due consideration to the legitimate concerns related to
unresolved abduction cases, and in particular to speed up efforts to
resolve them.
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Draft Report of the Woring Group on the Universal Periodic Review
56. Norway recognized efforts on gender equality, child rights and
legislative reforms. It noted that children face discrimination based on
social origin and was concerned about State sanctioned extrajudicial
activities. It appreciated that DPRK is a party to several human rights
instruments and expressed deep concern about respect of the rights to
freedom of opinion, expression, association and peaceful assembly. It
enquired about legislative reforms, disparity in access to food, visits to
detention facilities and the treatment of returnees.
57. Slovenia raised questions related to: ratification of HR treaties;
plans for human rights education in schools, work place and legal
community; human rights training for judiciary and law
enforcement officials; the effect of the background of a child in
access to education, food, health, jobs, marriage and party
membership, measures for elimination of the use of forced
abortions, measures for improvement of prison conditions.
58. Qatar noted that DPRK is a party to a number of human rights
instruments, and hoped for more progress in the dialogue with the
international community, on the basis of mutual respect. It
encouraged DPRK to continue its efforts to promote and protect
human rights, particularly economic and social rights, which will
contribute to achieving the Millennium Development Goals.
59. Yemen noted DPRK’s political will to achieve gender equality
through legislation, free education for all, especially women and the
provision of special services to women at the work place. DPRK is
party to a number of international instruments.
60. Austria asked if the Government has any plans to effectively
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implement its obligations under the treaties it is party to. It was
concerned by many reported cases of disappearances of political
dissidents.
61. Germany requested information about how DPRK followed up
on the measures urged by the Special Rapporteur on the Situation of
Human Rights in DPRK with regards to the consequences of the
Korean War of 1950-1953, including the issues of missing persons
and the reunification of families separated by the war.
62. Canada noted the emphasis placed on the provision of free
universal medical care and welcomed the recent revision of the
Constitution. Canada expressed concerns regarding to the overall
lack of basic freedoms in the DPRK and the humanitarian situation,
in particular the chronic food shortage and inadequate access to safe
drinking water.
63. The Netherlands expressed concerns related to reports on the
possible use of torture, including inhuman condition of detention,
public executions, extrajudicial and arbitrary detention, the absence
of due process and the imposition of the death penalty for political
and religious reasons. It was concerned about the safety and well
being of nationals who have returned to the country, and food
security of the population.
64. Chile expressed concern about reported extrajudicial executions
carried out in public and in detention camps, discrimination in
access to education, practice of forced labour and violence against
women. It was concerned about kidnappings and enforced
disappearance of individuals.
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65. Lao People’s Democratic Republic noted progress in promoting
economic, social and cultural rights and in addressing food security.
It hoped that the Government will continue to fulfil its tasks of
eradication of poverty and improving food security.
66. Sweden noted the cooperation of DPRK with the CRC and
collaboration with UNICEF and WHO to improve children’s health
and education. Sweden expressed concerns regarding reports on
forced labour, severe limits to freedom of information and reported
restrictions to small-patch farming.
67. Italy was concerned about reports on public and extrajudicial
executions and persecution for practicing a religion. It expressed
concerns about reports of forced labour, very often involving
children, despite the law prohibiting forced or compulsory labour
and criminalizing child labour.
68. Ireland stressed that there is a genuine alarm at the extent of
human suffering caused by human rights violations in the DPRK.
The HRC and the UN have the responsibility to continue paying
close attention to these issues. It requested information about
administration of justice issues and expressed a concern about
persecution for practicing religion.
69. India noted that DPRK was commended by some treaty-bodies
for its policy of providing 11 years of free compulsory education and
its primary health care strategy. Concerns have been expressed about
the quality of education, the severe impact of malnutrition on
children, and the shortages and disparities in access to food. India
requested information about plans to establish a NHRI, making
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easier travel abroad, and regular reunions of separated families.
70. Poland enquired about measures to secure the full enjoyment of
the religious freedom. It referred to the existence of a large number
of prison camps, the extensive use of forced labour and the harsh
conditions imposed by the criminal justice system, giving rise to a
plethora of abuses.
71. New Zealand expressed concerns about restrictions on freedoms
of religion, expression, peaceful assembly and association, the right
to privacy, equal access to information and the right to take part in
the conduct of public affairs. The situation in labour camps, the
incarceration of dissidents and their families and the continued use
of torture, including public executions were matters of concern. It
called on DPRK to work constructively with the Special Rapporteur
on the DPRK to help resolve human rights issues together.
72. Palestine noted that DPRK’s Constitution guarantees full
enjoyment of human rights to all citizens and that knowledge of
human rights of the general public is high. Palestine appreciated the
system of ensuring full access to health and education services and
the commitment to international cooperation on human rights
through positive dialogue.
73. Philippines noted achievements in education and women’s
participation in economic, political, social and cultural life. Philippines
enquired about the further plans to: promote gender equality and the
rights of women, and establish a national human rights institution.
74. Nigeria was encouraged that the Constitution provides
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Draft Report of the Woring Group on the Universal Periodic Review
protection of human rights. It was concerned on alleged human
rights violations and hoped that the Government would address
them. It supported the initiative of direct engagement by all to assist
the government providing the enabling environment for the full
enjoyment of human rights.
75. Spain mentioned that the UN Secretary General noted with
concern that the Government has not taken any significant initiative
to end the systematic human rights violations. It requested
information regarding practical measures to put an end to the early
militarization of children in schools.
76. Lithuania made recommendations on implementation of
international obligations, cooperation with international
organisations on human rights, protection of rights of children and
women, and death penalty.
77. Greece enquired about: measures to ensure women’s rights, and
address the problem of violence against women, and to ensure right
to movement for its citizens; plans to give access to the UN Special
Rapporteur on the Situation of Human Rights in DPRK; and to the
World Food Programme.
78. Switzerland called upon the Government to undertake the
implementation of international standards, put an end to human
rights violations and prosecute those responsible for such abuses. It
invited DPRK to cooperate actively with the international
community. It noted restrictions on freedom of movement. It also
indicated that the state distribution system is not in a position to
guarantee acceptable living conditions for the population.
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79. Hungary noted the importance of cooperation with OHCHR
and enquired about plans to cooperate with UN mechanisms. It was
concerned about restrictions on freedoms of religion and
expression, the right to free access to information and freedom of
movement. It considered that the DPRK failed to implement treaty
bodies’ recommendations and regretted that the family reunification
process was stopped.
80. On establishing an independent human rights mechanism, the
delegation noted that in DPRK much of the work for the protection
and promotion of human rights are the responsibilities of the
people’s committees at all levels, which are the people’s power
organs. Dealing with complaints and petitions fairly are one of the
functions of the people’s committees. The functions of the people’s
power organs for the protection and promotion of human rights are
not in conflict with the Paris Principle. However, DPRK will pay due
attention to the establishing of independent human rights
mechanism and conduct in-depth study in this regard.
81. On the issue of separated families, prisoners of war and
abductions, the delegate noted that the government of the DPRK has
consistently put forward initiatives and made sincere efforts to
relieve the pains of the families and their relatives. In particular,
following the inter-Korean summit meeting on 15 July, 2000,
reunions and video meetings of the separated families and relatives
have been arranged scores of times. The issue of prisoners of war
was already settled at the time of exchange of prisoners of war in
accordance with the Armistice Agreement, and the issue of
abduction does not exist. Solution of all problems between the north
and the south lies in faithfully translating the June 15th Joint
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Declaration and the October 4th Declaration into reality in the spirit
of “by our nation itself”.
82. The delegation commented on the concerns expressed about
women and children suffering from continued malnutrition and in
particular about violence against women and children. The country
suffered from serious economic difficulties starting from the mid-
1990s, causing serious deterioration of the people’s health, in
particular women and children. Supply of nutritious foods,
nutritional and medical care, significantly improved the situation
from the early 2000s. The issue of serious malnutrition is a thing of
the past. Regarding the alleged forced enrolment of children in quasi-
military organizations, the delegation stated that Children’s Unions
are autonomous organizations of children aged 9 to 13 through
which children, with the help of their school administration board,
arrange excursions, visits, field practices and other extracurricular
activities. Allegations that DPRK conscript children from early years
and militarizing them, are very distorted information.
83. On the issue of abduction of Japanese nationals, the delegation
noted that on 17 September 2002, DPRK-Japan Pyongyang
Declaration was adopted during the visit of the Japanese Prime
Minister. In the declaration, DPRK side affirmed that it would take
appropriate measures to prevent the recurrence of such unhappy
issue. Thereafter, a special committee was formed, nationwide
investigations were conducted and the result thereof was informed
to the Japanese side. DPRK has faithfully fulfilled its obligations
under the various DPRK-Japan agreements in the spirit of the
Pyongyang Declaration, which resulted in the complete settlement
of the abduction issue.
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84. On the independence and impartiality of the judiciary, the
delegation mentioned that the correct understanding of this issue
can be provided through systematic interpretation of the relevant
provisions of the Constitution of the DPRK, namely articles 11, 164,
166 and 168. The Central Court is held accountable before the
Supreme People’s Assembly or the Presidium of the Supreme
People’s Assembly not for the judicial proceedings, namely hearing
of and passing judgement on cases, but for the administrative work
related to justice, that is, recruitment and training of personnel and
logistics. The Supreme People’s Assembly under no circumstances
can get involved or interfere in the treatment of individual cases,
that is judiciary proceedings. With regard to the leadership of the
ruling Workers’ Party of Korea, its organizations can not operate
outside the Constitution, as the Party itself exists within the State.
The guidance of the Party over the judiciary is a policy guidance to
ensure independence and law observance in the judicial activities.
85. On torture, inhuman or degrading treatment or punishment, the
delegate noted that Criminal Law of the DPRK in its article 253
defines as crimes such acts as interrogating persons by torture or
other illegal methods and exaggerating or fabricating cases. The
Criminal Procedures Law prohibits forcing a person to admit an
offence by such coercive and conciliatory methods as torture or
leading a statement, and provides that statements obtained by such
methods are inadmissible as evidences. Any transgression of the
regulations is liable to legal punishment of the person responsible.
In the DPRK, reform and detention facilities are operated by the
people’s security organs, which were visited in the 1990s by some
international NGOs including Amnesty International and some
western personnel.
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86. Regarding the cause of refugee outflows and “punishment” of
people upon their return or repatriation, the delegate stated that the
illegal border crossing in the northern border area of the country is,
in nature, not the issue to be assessed in the light of the 1951
Convention or 1967 Protocol on the Status of Refugees. In the mid-
1990s the practices of illegal border crossing suddenly appeared due
to economic reasons triggered by various factors. To cope with the
situation, the government took a series of proactive measures.
People’s power organs in the border areas conducted in-depth
survey into the economically disadvantaged families and provided
them with special support. In addition, the power organs made all
necessary arrangements for the people to visit their relatives in the
north-eastern part of China upon their request.
87. Regarding women and human trafficking, the delegate welcomed
international efforts to prevent and punish human trafficking and
victims. DPRK strongly guard against the occurrence of such
practices in the country. There are some people linked to outside
forces seeking profit from human trafficking. DPRK is strongly
against these practices and competent institutions are doing their
best to identify and take necessary measures.
88. Regarding public executions, in some very exceptional cases,
there are public executions for those criminals who committed very
brutal violent crimes. These requests are often made by the families
and relatives of the victims. In DPRK, death penalty is applied in
very strictly limited crimes.
89. On the alleged systematic violation of human rights, the delegate
noted that, should anyone study the laws and regulations of DPRK,
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it would be clear that human rights violations are not systematic.
This allegation is based on distorted facts or fabrication. Negative
assessments of the human rights situation in DPRK are based on
misinformation fabricated by those who betrayed their country.
II. CONCLUSIONS AND/OR
RECOMMENDATIONS
90. The following recommendations will be examined by DPRK
which will provide responses in due time. The response of DPRK to
these recommendations will be included in the outcome report to be
adopted by the Human Rights Council at its 13th session:
1. Ratify the Convention on the Elimination of the Worst Forms of Child
Labour (ILO Convention No. 182); the International Convention for the
Protection of All Persons from Enforced Disappearance; the
International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD); the Convention Against Torture and Other
Cruel, Inhuman and Degrading Treatment or Punishment (CAT) and its
Optional Protocol; the International Convention on the Protection of the
Rights of All Migrant Workers and Members of their Families and the
Convention on the Rights of Persons with Disabilities (CRPD) (Chile)
2. Consider ratification of CRPD (Philippines)
3. Fully comply with the principles and rights enshrined in the Universal
Declaration of Human Rights, the two international covenants, the
Convention on the Rights of the Child and the Convention on the
Elimination of All Forms of Discrimination against Women, to which it is
a party (Slovenia)
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4. Ratify core universal human rights instruments, in particular, ICERD
and CAT, and fulfil its treaty obligations (Brazil)
5. Ratify the fundamental human rights conventions such as ICERD or
the optional protocols to the International Covenant on Civil and
Political Rights (Hungary)
6. Consider signing/ratifying the remaining international human rights
instruments, including ICERD and ICRMW (Nigeria)
7. Become a party to CAT and take the necessary national measures to
comply with its provisions (United Kingdom)
8. Ratify CAT (Turkey)
9. Ratify CAT and its Optional Protocol (Poland)
10. Consider joining ILO and accede to and implement its core
conventions, in particular Nos. 29, 105 and 182, on child and forced
labour (Brazil)
11. Join ILO and accede to its core instruments and extend an open
invitation, and without restrictions, to ILO officials to analyze the
situation of workers’ rights in the country (Spain)
12. Join ILO and ratify core conventions, particularly Nos. 105, 182 and
138, and allow related monitoring by ILO staff (United States)
13. Consider signing all the core international human rights instruments
(Pakistan)
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14. Seriously consider ratification of other existing human rights
treaties (Slovenia)
15. Undertake a review of national criminal and immigration legislation
to ensure its compatibility with international obligations of the
Government, in particular regarding the right to freedom of movement
of individuals, in response to the recommendations of the Committees
on Civil and Political Rights, on Economic, Social and Cultural Rights
and on the Rights of the Child (Mexico)
16. Amend the Labour Law of the Industrial Complex of Kaesong and
incorporate the minimum age of 18 years for work hazardous to the
health, security or morality of minors (Spain)
17. Review its legal and administrative measures with a view to
ensuring the dignity and better living conditions of the vulnerable
groups, including women and children (Malaysia)
18. Take the measures that it deems appropriate to ensure, as soon as
possible, the harmonization of its national legislation with international
human rights instruments to which it is a party, and envisage acceding
to other fundamental human rights instruments such CRPD (Algeria)
19. Pass legislation specifically dealing with violence against women,
including domestic violence, providing for prosecution of individuals
committing acts of violence against women (United States)
20. Increase the number of women in management posts and in
decision-making processes and envisage establishing full legislative
provisions to promote and protect the rights of women (Algeria)
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21. Systematically implement the ratified human rights treaties with the
assistance of relevant Special Rapporteurs and OHCHR (Austria)
22. Enhance efforts to implement all international human rights
obligations it has undertaken (Lithuania)
23. Fulfil its obligations assumed in several conventions to which it is a
party, and if it deems useful, request the assistance of the international
community (Hungary)
24. Adopt fully the rights-based approach in the development of future
legislation (Nigeria)
25. Create a national human rights institution, seek accreditation from
the International Coordinating Committee of National Institutions and
accept technical assistance from OHCHR in setting up this national
institution (United States)
26. Strengthen its national institutions for the promotion and protection
of human rights (Nigeria)
27. Create a government task force to create protection programmes,
provide resources for recovery and promote prevention through
education and media campaigns (United States)
28. Maintain and strengthen its economic, political and social model
chosen by its people in a sovereign manner and continue advancing in its
efforts to increasingly build a just and more participative society (Cuba)
29. Continue its efforts aiming at achieving an environment of non-
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politicization, cooperation and dialogue in the human rights field (Cuba)
30. Continue its efforts in ensuring economic and social rights (Viet Nam)
31. Continue the implementation of the National Action Plan of
Education for All, with a view to improving the quality of the system of
11 years of compulsory, free, universal education, increasing
progressively the necessary resources allocated for this purpose
(Bolivarian Republic of Venezuela)
32. Continue to increase and diversify agricultural production by
resorting to agricultural strategies, which could be based on models of
production that have proven to be worthwhile (Algeria)
33. Continue to strengthen economic, social and cultural development
with full participation of the population in public and security affairs,
boost socio-economic development, industrialization and modernization,
and achieve the Millennium Development Goals (Laos)
34. Continue its cooperation with the international community in solving
humanitarian issues of mutual concern (Viet Nam)
35. Continue to promote and protect economic, social and cultural
rights of its people, with greater emphasis on economic development
(Sri Lanka)
36. Provide human rights education to all citizens and provide human
rights training to judges, prosecutors and lawyers and law
enforcement officials (Slovenia)
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37. Take concrete measures aiming at fostering a genuine human
rights culture with due regard to national and regional particularities as
well as historical, cultural and religious backgrounds (Islamic Republic
of Iran)
38. Ensure that the rights of women, children and persons with
disabilities are more effectively realized through the implementation of
the strategy for the promotion of reproductive health, 2006- 2010, the
national strategy for the prevention of AIDS, 2008-2012, the primary
health care strategy, 2008-2012, the national action plan for the well-
being for children, 2001-2010 and the comprehensive action plan for
persons with disabilities, 2008-2012 (Syrian Arab Republic)
39. Continue reporting on the implementation of human rights treaties
to which it is a party (Slovenia)
40. Submit its pending reports to the relevant treaty bodies (Pakistan)
41. Improve its cooperation with the United Nations treaty bodies by
agreeing on timelines for submitting overdue reports, in particular to
the Human Rights Committee and CEDAW (Norway)
42. Cooperate with the special rapporteurs and other United Nations
human rights mechanisms by granting them access to the country
(Republic of Korea)
43. Invite the Special Rapporteur on freedom of religion or belief to visit
the country and fully cooperate with her (Italy)
44. Agree to the requests for visit by the Special Rapporteur on the
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right to food (Norway)
45. Invite the Special Rapporteur on violence against women and the
Special Rapporteur on torture to visit the country and provide more
extensive recommendations (United States)
46. Fully cooperate with all human rights mechanisms, including
accession to CAT, as well as access to the territory for the Special
Rapporteur on torture (Belgium)
47. Positively consider requests for country visits of special procedures
of the Council and implement the recommendations stemming from
United Nations human rights mechanisms (Brazil)
48. Grant access to the three thematic Special Rapporteurs who have
requested a visit (United Kingdom)
49. Respond favourably to the request of special procedures mandate-
holders to enter the country and cooperate with special procedures
and other human rights mechanisms (Slovenia)
50. Invite the special procedures mandate-holders who have requested
visits (Turkey)
51. Cooperate and engage in dialogue within the United Nations human
rights mechanisms, including with the Special Rapporteurs and the
High Commissioner for Human Rights (Japan)
52. Work with the Special Rapporteur on freedom of religion to ensure
that its international human rights obligations under article 18 of ICCPR
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are fully implemented (Ireland)
53. Continue to cooperate and strengthen its human rights dialogue
with relevant international human rights mechanisms (Pakistan)
54. Pursue cooperation with the thematic procedures of the Council,
based on the principles of objectivity, impartiality and non-politizisation
(Zimbabwe)
55. Continue cooperation and strengthen human rights dialogue with
relevant international human rights mechanisms despite all obstacles
and existing challenges while remaining confident of its will and its way
to proceed according to its needs and national priorities (Palestine)
56. Respect and ensure the rights set forth in CRC of each child without
discrimination of any kind (Slovenia)
57. Take necessary measures to ensure the right of a child to life and
development without discrimination of any kind (Sweden)
58. Strengthen its efforts to promote gender equality and the rights of
women (Philippines)
59. Invest sufficient resources to promote and protect the principle of
equality in the fields of work, education and health (Libyan Arab
Jamahiriya)
60. Provide all children with equal opportunities to study and give them
access to higher education based on their talent and individual
capability (Norway)
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61. Continue giving priority to vulnerable groups in the distribution of
international assistance (Yemen)
62. Continue preventing and punishing human rights abuses by law
enforcement officials (Belarus)
63. Continue to achieve its objective of establishing a society free from
crimes (Belarus)
64. In line with previous recommendations made by CRC, make every
effort to reinforce protection of the right to life and development of all
children (Germany)
65. Enact specific legislation to punish violence against women and
establish structures for the protection of victims (Chile)
66. Enhance protection of rights of women and children, in particular
those in the most vulnerable situations (Lithuania)
67. Take further measures to prohibit all forms of violence against
children and women (Brazil)
68. Strengthen measures, including through international dialogue and
cooperation, to combat human trafficking and provide appropriate
assistance to victims of trafficking (Philippines)
69. Step up measures to comprehensively address the problem of
trafficking and violence against women, including by increasing public
awareness campaigns (Malaysia)
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70. Continue to achieve its objective of establishing respect for law in
society (Belarus)
71. Provide unlimited access to ICRC to all detention facilities in the
country (Netherlands)
72. Give all in detention a fair trial (Norway)
73. Train professionals involved in the judicial system on the relevant
international standards on a fair trial and rule of law (Sweden)
74. Ensure that all persons deprived of their liberty are treated with
humanity and with respect for the inherent dignity of the human being
(Poland)
75. Guarantee separated families’ fundamental right to know the fate of
their family members across the border and to communicate and
regularly meet together (Republic of Korea)
76. Do everything possible, in cooperation with the Republic of Korea,
to ensure that the maximum number of meetings of separated families
is organized (Switzerland)
77. Take concrete steps to continue the process of family reunification,
because for the elder generation even a delay of one or two years
means that their chance of seeing their relatives may be lost forever
(Hungary)
78. Adopt measures to facilitate family reunification as recommended
by the Special Rapporteur on the situation of human rights in the
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Democratic People’s Republic of Korea (Germany)
79. Allow the exercise of the right to the freedom of expression and
the freedom of association and assembly, by fostering and facilitating
civil society entities and enabling them to obtain status under law
(Israel)
80. Decriminalize the practice of leaving the country without
permission or at least allow free movement of citizens within the
country (Greece)
81. Pay special attention to the recommendations of the Human Rights
Committee in the field of freedom of movement, including the right to
leave the country (Hungary)
82. Decriminalize unauthorized travel (Switzerland)
83. Ensure full respect for the rights to freedom of association,
expression, religion or belief and movement (Canada)
84. Take further steps to support freedom of expression and the right to
freedom of movement (New Zealand)
85. Allow more freedom of movement of the people and foreigners in
the country as a way to generate economic activities (Malaysia)
86. Consider, as appropriate, increasing the percentage of
representation of women in the supreme People’s Assembly and other
State decision-making bodies (Sri Lanka)
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87. Provide more opportunities for women to gain access to leading
positions in both the political and economic spheres and strengthen
funding and visibility of the national institutions that promote gender
equality (Norway)
88. Continue efforts to reinvigorate the national economy by, inter alia,
allowing more freedom for people to engage in economic and
commercial activities (Malaysia)
89. Make every possible effort to ensure access to food for the entire
population (Chile)
90. Secure the right to food for all its citizens, especially so as to
secure the right to health for children (Japan)
91. Continue taking measures to ensure the right to food for its people
and implement MDGs (Viet Nam)
92. Take the necessary steps to ensure impartial access to adequate
food, drinking water and other basic necessities for all people within its
jurisdiction, including vulnerable groups (Canada)
93. Address concerns of the international community, including
shortage of food, medical and other humanitarian services (Philippines)
94. Allocate resources equitably and implement food security policies,
including through sustainable agricultural practices and reduced State
restrictions on the cultivation and trade of foodstuffs (New Zealand)
95. Continue to address the negative impact on the promotion and
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protection of human rights, as inflicted by external coercive measures
(Islamic Republic of Iran)
96. Strengthen measures to facilitate access and effective distribution
of international humanitarian aid to the people in need, with special
attention to vulnerable groups (Mexico)
97. Give access to food and other essential products to those who need
them, taking into account the particular needs of children and pregnant
and nursing women, and cooperate constructively with humanitarian
agencies and other humanitarian actors by ensuring them access to all
the territory (Switzerland)
98. Intensify its efforts to promote and protect the human rights of
specific groups within society, such as women, children, disabled
persons and the elderly, with a view to empowering them and
alleviating their vulnerability (Thailand)
99. Take positive measures to further reduce infant mortality rates and
maternal mortality rates (Syrian Arab Republic)
100. Take measures to improve the quality of health services
deteriorated due to lack of medical facilities and medicine (Islamic
Republic of Iran)
101. Work on the enhancement of the free health care programme and
free primary education, obtaining the necessary assistance through
international cooperation (Libyan Arab Jamahiriya)
102. Ensure that high goals of economic development by 2012
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contribute to bringing about a decisive turn in the promotion and
protection of human rights (Islamic Republic of Iran)
103. Increase resources allocated to the education sector for better
quality of education and encourage the authorities to continue their
efforts in this area (Algeria)
104. Grant access to international humanitarian agencies such as the
WFP (Netherlands)
105. Allow access to WFP to those in need (Greece)
106. Grant full access to WFP to ensure food reaches the most
vulnerable, and adopt other measures to promote the right to food
including economic reforms to incentivize those working in the
agricultural sector to increase production (United Kingdom)
107. Grant immediate access without obstacles to international
humanitarian agencies, including WFP, as well as the Special
Rapporteur on the right to food, in order to allow the resumption of
necessary operations for food supply and to ensure that aid is
distributed on the basis of the genuine needs of the people (Belgium)
108. Allow humanitarian agencies to resume food assistance and grant
WFP full, safe and unhindered access to the country in order to monitor
aid distribution (Canada)
109. Grant greater access to WHO and international non-governmental
organizations working in the health field (United Kingdom)
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110. Consider positively OHCHR offers of technical assistance and
cooperate with the Human Rights Council special procedures in
support of national efforts in this regard (Mexico)
111. Accept the advisory services offered by OHCHR (Chile)
112. Seek to continue to provide satisfactory conditions of operation to
the United Nations aid agencies working in the country (Sri Lanka)
113. Continue engaging members of the international donor community
in capacity-building in the field of economic and social rights
(Malaysia)
114. Strengthen its cooperation with the United Nations and its
mechanisms on human rights and humanitarian matters with a view
to building national capacities and improving the people’s well-being
(Thailand)
115. Work on overcoming the obstacles related to economic problems
and the scarcity of resources through cooperation with the
international community and the United Nations so as to ensure the
promotion and protection of human rights (Libyan Arab Jamahiriya)
116. Continue to seek constructive cooperation with international
mechanisms and other countries in areas of human rights in a non-
confrontational and non-politicized manner (Zimbabwe)
117. Continue to cooperate with the United Nations, other international
organizations and the world community to settle all the humanitarian
issues (Lao People’s Democratic Republic)
.
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91. The following recommendations did not enjoy the support of
the Democratic People’s Republic of Korea:
1. Sign and ratify CAT, establish judicial oversight over all prison
facilities and take immediate action with a view to the elimination of
all forms of torture by the security forces and prison personnel
(Austria)
2. Implement its obligations under the human rights instruments to
which it is party and cease the use of arbitrary detention, labour
camps and collective punishment (Canada)
3. Work with the international community to bring its criminal justice
system into line with its obligations under ICCPR and other
international human rights instruments (Australia)
4. Recognize the mandate of the Special Rapporteur on the situation of
human rights, cooperate with him and grant him access (Netherlands)
5. Grant access, as a matter of priority, to the Special Rapporteur on
the situation of human rights (Greece)
6. As a first step, allow the visit requested by the Special Rapporteur
on the human rights situation to take place as soon as possible and on
the best conditions, and take his recommendations seriously taken
into account (Switzerland)
7. Cooperate with the special procedures concretely by accepting the
repeated requests for a country visit by the Special Rapporteurs on
the situation of human rights situation and the right to food (Chile)
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8. Cooperate more intensively with United Nations human rights
mechanisms, in particular by responding positively to the repeated
requests for visits by the Special Rapporteurs on the situation of
human rights and the right to food (Spain)
9. Agree to the requests for a visit by the Special Rapporteur on the
situation of human rights (Norway)
10. Fully cooperate with the Human Rights Council and accept the
request of the Special Rapporteur on the situation of human rights to
visit the country (Canada)
11. Improve its cooperation with United Nations human rights
mechanisms, in particular the Special Rapporteur on the situation of
human rights and other special procedures, and allow access
(Germany)
12. Develop cooperation on the issues of human rights with
international organizations and their mechanisms, in particular by
engaging constructively with the Special Rapporteur on the situation
of human rights and responding positively to offers of technical
assistance by OHCHR (Lithuania)
13. Allow urgently the development of international operations of food
distribution in the whole country; put an end to discrimination in the
governmental food distribution, prioritizing children, pregnant women,
persons with disabilities and senior citizens (Spain)
14. Establish a moratorium on executions with a view to abolishing the
death penalty (Brazil)
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15. Abolish death penalty or at least to establish a moratorium on
executions (Chile)
16. End all public and extrajudicial executions and introduce a
moratorium on the death penalty with a view to its abolition (Italy)
17. Adopt a moratorium on the application of death penalty to put an
end to the practice of public executions and the imposition of the
death penalty for religious or political crimes (Spain)
18. Taking note of reduction of number of crimes punishable by the
death sentence, consider introducing a moratorium with a view to
abolish the death penalty in the future (Lithuania)
19. Halt all public executions, and intensify efforts to ensure that no
detainee is subject to torture or cruel, inhuman or degrading treatment
or punishment (New Zealand)
20. Establish a moratorium on executions with a view to the rapid
abolition of the death penalty, and in the immediate future, respect
minimum international standards, including the right to a fair trial, the
limitation of the death penalty to the most serious crimes, as well as
the non application of the death penalty to minors, pregnant women
and persons suffering from mental diseases (France)
21. Refrain from the practice of public execution used to intimidate the
people, as reported by the Special Rapporteur on the situation of
human rights, in contravention of its own penal code, and accept the
recommendation of CCPR to work toward the abolishment of capital
punishment (Israel)
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22. Put an end to the practice of extrajudicial executions, public and
secret (Chile)
23. Immediately end extrajudicial executions and the practice of
collective punishment (Norway)
24. Put an end to kidnapping and enforced disappearance of persons,
whatever their country of origin (Chile)
25. Set a concrete time frame and take concrete actions in order to
resolve the abduction issue as soon as possible, including ensuring
the immediate return of Japanese and other abductees (Japan)
26. Immediately cease public executions and the use of torture and
cruel, inhuman, or degrading treatment or punishment and ratify CAT
(Canada)
27. Abolish the practice of torture, cruel, inhuman and degrading
treatment, including the collective punishment of families, as reported
by the Special Rapporteur on the situation of human rights, and amend
national legislation to prohibit the torture and other ill-treatment of
children, as recommended by CRC (Israel)
28. Implement regulations to protect women from torture and abuse in
detention facilities, and hold female criminal offenders separately
from men, guarded by female guards (United States)
29. End collective punishment of families, especially against children
(Slovenia)
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30. Abolish military training for children (Slovenia)
31. End the practice of imposing punishment on returnees (Netherlands)
32. Create and adopt a law that specifically addresses trafficked
persons in the country and abolish all practices of penalizing
trafficked women and children for unlawfully exiting the country upon
their deportation back to DPRK (Israel)
33. Take immediate action to cease the practice of forced labour,
including in detention facilities, and take urgent measures to ensure
that children are not forced to participate in mobilization projects
(United States)
34. Take effective measures against the practice of forced labour,
including child labour and join ILO (Italy)
35. Put an end to forced labour practices (Chile)
36. Take measures to ensure an independent judicial system and the
individual’s right to a fair trial (Sweden)
37. Implement its obligations under article 14 of ICCPR to ensure that
everyone without distinction is entitled to a fair and public hearing by a
competent, independent and impartial tribunal established by law (Ireland)
38. Abstain from political interference in judicial proceedings (Sweden)
39. Establish an independent judiciary and guarantee access to legal
counsel and judicial redress to all detainees (Austria)
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40. Ensure an independent judiciary that operates without political
interference by the State and uphold an internationally recognized
notion of the rule of law by reviewing and amending the constitutional
and legislative provisions that may compromise or diminish the
independence and impartiality of the judiciary, as recommended by
CESCR (Israel)
41. Release persons detained for reasons related to their opinions or
peaceful political activities (Belgium)
42. Put an end to the practice of incarcerating all the members of the
family of every opposition figure, release without delay political
prisoners and members of their family as well as ensure freedom of
opinion and expression (France)
43. Reform its criminal code as soon as possible in order to guarantee
freedom of movement both within its territory as well as towards
foreign countries without the need for prior permission in accordance
with applicable international standards (France)
44. Allow freedom of movement of its citizens within and across the
border and end the punishment of those expelled or returned from
abroad, including refugees and asylum-seekers (Japan)
45. Review the legislation on religious groups and organizations so as
to ensure its compliance with ICCPR (Italy)
46. Lift restrictions imposed on religious practices, cease persecution
and rigid control over those professing their religious beliefs and
ensure that its domestic legislation and practice is in full compliance
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Draft Report of the Woring Group on the Universal Periodic Review
with the requirements of article 18 of ICCPR (Poland)
47. With regard to ensuring the right to food to the entire population,
including in jails and labour camps, cooperate in a constructive
manner with the competent United Nations institutions and facilitate
the work of NGOs present in the country by guaranteeing their access
to the entire population (France)
48. Reduce controls on its population, including the closure of
markets, suppression of criticism of Government policies, lack of
alternative media and harsh penalties on those who access external
information (New Zealand)
49. Increase technical cooperation on human rights issues including
by granting access to the Special Rapporteur on the human rights
situation (United Kingdom)
50. Demonstrate a genuine willingness to improve its human rights
record by engaging more positively and openly with the international
community, including the Special Rapporteur on the situation of human
rights, and work constructively with the United Nations system to bring
its human rights into line with international standards (Australia).
92. All conclusions and/or recommendations contained in the
present report reflect the position of the submitting State(s) and /or
the State under review. They should not be construed as endorsed by
the Working Group as a whole.
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Annex
COMPOSITION OF THE DELEGATION
The delegation of the Democratic People’s Republic of Korea was
headed by H.E. Mr. Ri Tcheul, Ambassador and Permanent
Representative DPRK Mission in Geneva and composed of 12
members:
Mr. Kang Yun Sok, Director-General of the Department of
Legislation, DPRK Supreme People’s Assembly
Mr. Kim Myong Chol, Section Chief of the Department of
Legislation DPRK, Supreme People’s Assembly
Mr. Sim Hyong Il, Chief of Legal Bureau of DPRK Central Court
Mrs. Kim Sun Hwa, Official, Department of Legislation DPRK
Supreme People’s Assembly
Mrs. Han Chae Sun, Bureau chief of the Research Institute
Ministry of Public Health
Mr. Jang Il Hun, Section Chief, DPRK Ministry of Foreign Affairs
Mr. Kim Yong Ho, Senior official, DPRK Ministry of Foreign Affairs
Mr. Kye Chun Yong, Deputy Permanent Representative, DPRK
Mission in Geneva
Mr. Ri Jang Gon, Counsellor, DPRK Mission in Geneva
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Draft Report of the Woring Group on the Universal Periodic Review
Mr. Choe Myong Nam, Counselor, DPRK Mission in Geneva
Mr. Sok Jong Myong, Counselor, DPRK Mission in Geneva
Mr. Jon Yong Ryong, First Secretary, DPRK Mission in Geneva
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On December 10, 1948, the General Assembly of the United Nations
adopted the Universal Declaration of Human Rights proclaiming that
“recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of
freedom, justice and peace in the world.” The preamble stated:
“disregard and contempt for human rights have resulted in barbarous
acts which have outraged the conscience of mankind.”
On this 61st anniversary of this declaration, the North Korea
Freedom Coalition is releasing this document showing how the
citizens of North Korea fare under the Kim Jong-il regime citing the
30 articles of the Declaration. The Authors of this Declaration warned
in 1948 that a lack of human rights leads to “barbarous acts”, which
certainly describes the Kim Jong-il regime, and with this examination
we hope that the “conscience of mankind” will be outraged and act to
promote human rights for the people of North Korea.
Outlined below are the thirty articles of the Declaration of
Human Rights and how the regime in North Korea fares when these
universally accepted rights are considered. Tragically, none of these
*
This document was
prepared by the North
Korea Freedom Coalition
and can be freely reprinted
and disseminated.
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The Universal Declaration of Human Rights and North Korea
Document
The Universal Declaration of Human Rights
and North Korea
*
North Korea Freedom Coalition
rights are enjoyed by the citizens of the Democratic People’s
Republic of North Korea, who are not only unaware of this
document but unaware of the term “human rights.” The North
Korea Freedom Coalition plans to work to disseminate this
document in North Korea as was called for in the original
Declaration and calls for all people who enjoy these rights to use
them to help the people of North Korea gain theirs.
Article 1.
All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.
BUT IN NORTH KOREA...
“One’s songbun (class background) is either good or bad, and
detailed records are kept by party cadre and security officials of the
degree of goodness or badness of everyone’s songbun. There is really
no way to escape one’s songbun.” The favored group constitutes
about 25 to 30 percent of the population. “Ranked below them in
descending order are forty-seven distinct groups in what must be the
most class-differentiated society in the world today...North Korea’s
population can be broken down into three main groups, roughly
equal in size. The preferred class...is given every advantage; with
hard work, individuals in this group can easily rise to the top. The
middle 40 percent of the population-the ordinary people-hope for a
lucky break...There is no hope, however, of a college education or a
professional career. The bottom 30 percent of the population ?the
‘undesirables’ are treated like a pariah class; all doors to
advancement, the army, the higher schools of education are closed
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to them.”
-Kim Il Sung’s North Korea by Helen Louise Hunter
“North Korea prioritizes the masses before the individual. North
Korea also discriminates against people based on their genealogical
background...those of the ‘hostile class’ face direct discrimination.”
-Survey of North Korean Human Rights Conditions 2008
“The pervasive repression imposed by the authorities ensures that
the people live in continual fear and are pressed to inform on each
other. The State practices extensive surveillance over its inhabitants
and even officials live in daily apprehension, since their colleagues
are encouraged to ‘whistleblow’ mutually. Throughout the years, the
authorities have bred a culture of mistrust and a policy of divide and
rule that permeate families and communities.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or social
origin, property, birth or other status. Furthermore, no distinction
shall be made on the basis of the political, jurisdictional or
international status of the country or territory to which a person
belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
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The Universal Declaration of Human Rights and North Korea
BUT IN NORTH KOREA...
“Discrimination against women in North Korea is pervasive. While
the North Korean Constitution states that ‘women hold equal social
status and rights with men,’ few women have reached high levels of
the Party or the Government, despite the fact that women are
represented proportionally in the labor force.”
-Cammarota, P., Crace, J., Worly, K., & Zaltzman, H. (2007). Legal
Strategies for Protecting Human Rights in North Korea. Washington,
DC: U.S. Committee for Human Rights in North Korea.
“Given the very hierarchical system in the country, those in the elite
group live well, while the rest of the population suffers. The
discrimination which results from such stratification can be seen
through the plight of various groups.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
“The North Korean authorities have distributed food unevenly, in a
way which favors those who are economically active and loyal to the
state. Many vulnerable groups, including homeless children and the
elderly, are believed to have been effectively abandoned by the state.”
-Amnesty International USA (1999, May 31)
Article 3.
Everyone has the right to life, liberty and security of person.
BUT IN NORTH KOREA...
“Invasion of privacy is widespread in North Korea. The institution
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of ‘neighborhood units’ (inminban) and social organizations oversee
the population and implement Party polices by means of a
collectivized invasion of privacy.”
-Survey of North Korean Human Rights Conditions 2008 by the
National Human Rights Commission of Korea
“The freedoms from want, from fear, from discrimination, from
persecution and from exploitation are regrettably transgressed with
impunity by those authorities, in an astonishing setting of abuse
after abuse.”
-Statement by Vitit Muntarbhorn, UN Special Rapporteur to the
UN, October 2009
Article 4.
No one shall be held in slavery or servitude; slavery and the slave
trade shall be prohibited in all their forms.
BUT IN NORTH KOREA...
“There have been widespread reports of trafficking in North Korean
women and young girls into China. Some are sold by their families
or by kidnappers as wives or concubines to men in China; others flee
to escape starvation and deprivation in North Korea. Many such
women, unable to speak Chinese, are held as virtual prisoners and
some are forced to work as prostitutes. Moreover, guards in the
prison system sexually abuse female prisoners. Victims and
witnesses have stated that prison officials rape female prisoners in
prison camps and detention facilities. The North Korean authorities
fail to acknowledge differences in women’s physical and mental
condition compared to men. Also, within the security services, only
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The Universal Declaration of Human Rights and North Korea
men interrogate the women. For example, while investigating
trafficking, security personnel frequently abuse women with
beatings and insulting remarks. Female guards are not used in the
imprisonment facilities and, as a result, male guards supervise the
women prisoners. Reports indicate that women are denied access to
shower facilities even during menstruation.”
-Cammarota, P., Crace, J., Worly, K., & Zaltzman, H. (2007). Legal
Strategies for Protecting Human Rights in North Korea.
Washington, DC: U.S. Committee for Human Rights in North
Korea.
“Multiple forms of exploitation are committed by the authorities
and other actors against the general population, from systemic
exploitation to exploitation at the community and personal levels.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
“The kwan-li-so (prison camps in North Korea) include the
repressive phenomenon of lifetime sentences for perceived political
wrongdoers paired with guilt-by-association imprisonment for up to
three generations of the supposed wrongdoers’ families. Whatever
the category, all the prison facilities are characterized by very large
numbers of deaths in detention from forced, hard labor
accompanied by deliberate starvation-level food rations.
Incarceration of Koreans repatriated from China includes routine
torture during interrogation and the practice of forced abortion or
infanticide inflicted upon babies borne by pregnant repatriates.”
-The Hidden Gulag, by David Hawk and US Committee for
Human Rights in North Korea
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Article 5.
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
BUT IN NORTH KOREA...
“Although torture is prohibited by law, it is extensively practiced. In
addition, the substandard prison conditions, including lack of food,
poor hygiene, freezing temperatures in wintertime, forced labour
and corporal punishment, constitute a myriad of abuses and
deprivations, ensuring that many prisons are akin to purgatory for
the inmates.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
“The North Korean regime routinely commits torture, especially in
interrogation facilities operated by the National Security Agency.
Victims of North Korean torture are subjected to: . Beatings with
shovels to the point of unconsciousness or death; . Electric shock; .
Prolonged periods of exposure; . Confinement in tiny punishment
cells in which prisoners are unable to stand upright or lie down; .
Motionless kneeling, water torture, and facial and shin beatings with
rifle butts; . Hanging by the wrists; . Forced beatings by fellow
prisoners; . Required to stand up/sit down repeatedly until they
collapse or die; . Forced abortions or infanticide”
-Bureau of Democracy, Human Rights & Labor, U.S. Department
of State, Country Report on Human Rights Practices-2005:
Democratic People’s Republic of Korea,
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The Universal Declaration of Human Rights and North Korea
Article 6.
Everyone has the right to recognition everywhere as a person before
the law.
BUT IN NORTH KOREA...
“The legal system does not acknowledge individual rights. The
Ministry of People’s Security routinely dispenses with trials in
political cases and refers prisoners to the Ministry of State Security
for punishment.”
-Library of Congress-Federal Research Division Country Profile:
North Korea
“In fact, the mission of North Korean attorneys is to protect the policies of
the Korean Workers’ Party rather than the rights of the accused.”
-White Paper on Human Rights in North Korea 2009, Korean
Institute for National Unification
“North Korea’s code of criminal procedures does not adopt a
preliminary warrant system under the due process system when legal
force, including the examination of evidence, detention, search and
seizures by investigators or pretrial agents, is needed.”
-Survey of North Korean Human Rights Conditions 2008 by the
National Human Rights Commission of Korea
Article 7.
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to equal
protection against any discrimination in violation of this Declaration
and against any incitement to such discrimination.
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BUT IN NORTH KOREA...
“North Korea continues the policy of strictly separating political
crimes from ordinary crimes and punishes the political offenders
under different terms.”
“Citizens are tried in open courts, but officials and party staff are
tried in secret.”
-White Paper on Human Rights in North Korea 2009, Korean
Institute for National Unification
Article 8.
Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights granted
him by the constitution or by law.
BUT IN NORTH KOREA...
“Regarding the right of due process of law and legal protection, the
foremost problem is that most North Koreans are unaware of the
various legal procedures, including criminal law, even if they have
knowledge of the law, the decisions, instructions and policies of the Party
and ‘the Dear Leader’ (Kim Jong-il) are given priority over the law.”
-Survey of North Korean Human Rights Conditions 2008 by the
National Human Rights Commission of Korea
“Impunity is enjoyed by the regime in power and the machinery
surrounding it. For instance, the justice system is in desperate need
of revamping, despite the various legislative reforms in recent years.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
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The Universal Declaration of Human Rights and North Korea
DPRK, August 2009
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
BUT IN NORTH KOREA...
“Arbitrary arrest, detention, and lack of due process remain serious
concerns.”
-Human Rights Watch (January 2009)
“Although detention places are not officially prisons, people appear
to have been detained there against their will, often in appalling
conditions.”
-Amnesty International (1999)
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his
rights and obligations and of any criminal charge against him.
BUT IN NORTH KOREA...
“North Korea does not have an independent judiciary.”
-Freedom House, Freedom in the World North Korea Report, 2009
“The justice system leaves much to be desired. It lacks an
independent judiciary, lawyers who would act genuinely on behalf of
accused persons and juries who would provide the necessary checks
and balances for the delivery of justice. Even though judges, lawyers
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and juries all exist in the system, they are subservient to the ‘powers
that be’ and do not uphold the internationally recognized notion of
the rule of law.”
- Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
Article 11.
1.
Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which
he has had all the guarantees necessary for his defence
.
2. No one shall be held guilty of any penal offence on account of
any act or omission which did not constitute a penal offence,
under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one
that was applicable at the time the penal offence was committed.
BUT IN NORTH KOREA...
“The jury system is based upon two persons who work with the
courts, not to ensure that the rights of the accused are upheld but
to confirm the list of crimes presented at the trials and to affirm
the conviction of the alleged wrongdoer. The lawyer’s role is to
pressure the accused to confess to a crime rather than to defend his
client.”
-White Paper on Human Rights in North Korea 2008, Korean
Institute for National Unification
Article 12.
No one shall be subjected to arbitrary interference with his privacy,
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The Universal Declaration of Human Rights and North Korea
family, home or correspondence, nor to attacks upon his honour
and reputation. Everyone has the right to the protection of the law
against such interference or attacks.
BUT IN NORTH KOREA...
“A 75 year-old North Korean factory manager was shot by firing
squad in October for failing to declare his family background,
investing his own money in the factory, appointing his children as
its managers and making international phone calls.”
-Amnesty International 2008
“Sometimes individuals are publically executed for the crime of
circulating information about the outside world through leaflets
and/or video materials.”
-White Paper on Human Rights in North Korea 2009, Korean
Institute for National Unification
Article 13.
1. Everyone has the right to freedom of movement and residence
within the borders of each state.
2. Everyone has the right to leave any country, including his own,
and to return to his country.
BUT IN NORTH KOREA...
“Freedom of movement does not exist, and forced internal
resettlement is routine. Access to Pyongyang, where the availability
of food, housing, and health care is somewhat better than in the rest
of the country, is tightly restricted.”
-Freedom House, Freedom in the World North Korea Report, 2009
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“North Korea has ordered its border guards to open fire on anyone
who crosses its border without permission, in what could be an
attempt to thwart defections by people disgruntled over its recent
currency reform.”
-Associated Press, December 2009
“A person who unlawfully crosses the frontier of the Republic shall
be sentenced to a labor training institution for up to two years.”
- North Korea Criminal Code, Article 233
“There is basically no change in the policy of restricting the freedom
of travel, residence, and movement, as well as the practice of
banishment.”
-White Paper on Human Rights in North Korea 2008, Korean
Institute for National Unification
“North Korea’s policy of punishing border crossers is a clear
violation of the fundamental right to leave one’s own country.”
-Human Rights Watch, North Korea Report, March 2007
Article 14.
1. Everyone has the right to seek and to enjoy in other countries
asylum from persecution.
2. This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts contrary
to the purposes and principles of the United Nations.
BUT IN NORTH KOREA...
‘The Chinese government forcibly repatriates North Korean refugees
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The Universal Declaration of Human Rights and North Korea
facing starvation and political and religious persecution in their
homeland, contravening its obligations under the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol...Repatriated
North Koreans face long prison sentences, torture, and execution.”
-U.S. Congressional-Executive Commission on China Annual
Report 2006, 2007, 2008
“Those forcibly returned are held for interrogation in detention
centers or police stations operated by North Korean security agencies.
Depending on who they are and the result of interrogation, they may
be sent back to their home province, or to labor camps for up to six
months. A few, particularly former officials or returnees found with
religious literature, are assigned long terms of imprisonment with
hard labor or in some cases face execution. Those sent back to their
home province are ostracized within their community and subjected
to surveillance. Many flee the country again. Some have fled and been
returned several times, reportedly facing increasingly severe
punishments with each failed escape attempt.”
-Amnesty International 2004
Article 15.
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied
the right to change his nationality.
BUT IN NORTH KOREA...
“North Korea handed down a death sentence by firing squad for a
woman who expressed the desire to go to South Korea and live in
freedom and hold a press conference to expose hardship of life in
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North Korea.”
-North Korea Today: Research Institute for North Korean Society
January 2008
“Any citizen who defects, surrenders, or gives secrets to a foreign
country or to the enemy in betrayal of the country and the people
shall be sentenced to a re-education through labour institution for
not less than five years. In cases where the person commits an
extremely grave offense, he or she shall be given life imprisonment
in a re-education through labour institution, the death penalty or
have his or her property confiscated.”
- North Korea Criminal Code, Article 62
“In 2005 the teenage daughter of a North Korean defector woman
names Mrs. J, who was arrested in China and forcibly repatriated to
North Korea, was beaten to death (executed) by North Korean
security agents for the crime of escaping North Korea and wanting
to live in freedom as a South Korean citizen.”
- Free North Korea Radio, December 2009
Article 16.
1. Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a
family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent
of the intending spouses.
3. The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
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BUT IN NORTH KOREA...
“Personal background also affects marriages. Men with unfavorable
personal backgrounds have little chance to overcome the class
barriers unless fortunate enough to marry a woman with a good
personal background. If one’s background is unfavorable control
apparatus such as the Security Agency will often systematically
interfere with personal affairs.” For example, a man was denied the
opportunity to marry ten times by the Security Agency or Factory
Party Committee while one woman was denied the ability to marry
because the background on her father’s side was bad.”
-White Paper on Human Rights in North Korea 2009, Korean
Institute for National Unification
“On the whole, people seem to accept the system of arranged
marriages, as it is practiced, with the party exercising totalitarian
controls over the most personal of social issues-the choice of one’s
marriage partner.”
-Kim Il Sung’s North Korea by Helen Louise Hunter
Article 17.
1. Everyone has the right to own property alone as well as in
association with others.
2. No one shall be arbitrarily deprived of his property.
BUT IN NORTH KOREA...
“It was reported that the authorities were beginning to register small
plots of land with a view to eliminating private patch farming. This
‘kitchen farming’ has to date been very important for the survival of
the general population, who lack adequate food and who undertake
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such farming to supplement food availability and intake. Such a
restriction would cause further hardships for the general population,
for whom the authorities are unable adequately to provide food and
other assistance.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
Article 18.
Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or belief,
and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching,
practice, worship and observance.
BUT IN NORTH KOREA...
“Although the DPRK committed to protect religious freedom in its
constitution and international human rights treaties, and claims to
adhere to those commitments, there is little evidence that the
freedom of thought, conscience, and religion exists in North Korea...
Over the past year there have been no indications that the status of
religious freedom has improved. In fact, reports continue to indicate
that the North Korean government has taken new steps to combat
the growth of clandestine religious activity, particularly that which
reportedly is spread by crossborder contact with China. According
to the testimony of North Korean refugees, anyone engaged in such
activity can be arrested, tortured, and imprisoned.”
-Annual Report of the US Commission on International Religious
Freedom May 2009 on North Korea
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The Universal Declaration of Human Rights and North Korea
“Those accused of proselytizing/practicing in underground churches
have also been reportedly executed... Religious freedom, although
guaranteed by the constitution, is in practice sharply curtailed.
There are reports of severe repression of people involved in public
and private religious activities, through imprisonment, torture and
executions. Many Christians are reportedly being held in labor
camps, where conditions were reported to be extremely harsh.”
-Amnesty International 2005
Article 19.
Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media
and regardless of frontiers.
BUT IN NORTH KOREA...
“Opposition of any kind is not tolerated. According to reports, any
person who expresses an opinion contrary to the position of the
ruling Korean Workers’ Party faces severe punishment, and so do
their family in many cases.”
“The domestic news media is strictly censored and access to
international media broadcasts is restricted. According to reports, at
least 40 journalists since the mid-1990s have been ‘re-educated’ for
errors such as misspelling a senior official’s name. Radio and
television sets were tuned to receive only state broadcasts and those
who listened to foreign radio stations risked being punished.”
-Amnesty International 2005
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Article 20.
1. Everyone has the right to freedom of peaceful assembly and
association.
2. No one may be compelled to belong to an association.
BUT IN NORTH KOREA...
“The government of North Korea does not allow the freedom of
assembly.”
-Survey of North Korean Human Rights Conditions 2008 by the
National Human Rights Commission of Korea
“Freedom of assembly is not recognized, and there are no known
associations or organizations other than those created by the state. Strikes,
collective bargaining, and other organized-labor activities are illegal.”
- Freedom House, Freedom in the World North Korea Report, 2009
Article 21.
1. Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives.
2. Everyone has the right of equal access to public service in his
country.
3. The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and shall
be held by secret vote or by equivalent free voting procedures.
BUT IN NORTH KOREA...
“A single party rules over the country and, despite the pretence of
national elections to the Supreme People’s Assembly in 2009, such
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The Universal Declaration of Human Rights and North Korea
elections are cosmetic; they merely rubber-stamp one-party rule
with its determined grip on the population.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
“North Korea is not an electoral democracy. Kim Jong-il has led the
DPRK since the 1994 death of his father, founding leader Kim Il-
sung. He has many titles but rules as the chairman of the National
Defense Commission, the ‘highest office of state’ since the office of
president was permanently dedicated to Kim Il-sung in a 1998
constitutional revision. North Korea’s parliament, the Supreme
People’s Assembly, is a rubber-stamp institution elected to five-year
terms; the latest elections were held in August 2003. The body meets
irregularly for only a few days each year. It last elected Kim Jong-il as
National Defense Commission chairman in September 2003. All
candidates for office, who run unopposed, are preselected by the
ruling Korean Workers’ Party and two subordinate minor parties.”
-Freedom House, Freedom in the World North Korea Report, 2009
Article 22.
Everyone, as a member of society, has the right to social security and
is entitled to realization, through national effort and international co-
operation and in accordance with the organization and resources of
each State, of the economic, social and cultural rights indispensable
for his dignity and the free development of his personality.
BUT IN NORTH KOREA...
“With plausible policy adjustments-such as maintaining food
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imports on commercial terms or aggressively seeking multilateral
assistance-the government could have avoided the great famine and
the current shortages that continue to exist. Instead, it blocked
humanitarian aid to the hardest hit parts of the country, during the
peak of the famine and curtailed commercial food imports as
humanitarian assistance began to arrive. Rather than supplementing
supply, the government used aid largely as balance-of-payments
support, cutting commercial imports, and, reallocating expenditures
to other priorities, including the military.”
-Hunger and Human Rights: The Politics of Famine in North
Korea US Committee for Human Rights in North Korea
Article 23.
1. Everyone has the right to work, to free choice of employment, to
just and favourable conditions of work and to protection against
unemployment.
2. Everyone, without any discrimination, has the right to equal pay
for equal work.
3. Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by other
means of social protection.
4. Everyone has the right to form and to join trade unions for the
protection of his interests.
BUT IN NORTH KOREA...
“Choosing an occupation in North Korea depends not on individual
decisions but on the personnel supply-demand plans of the Party.”
-White Paper on Human Rights in North Korea 2009, Korean
119
The Universal Declaration of Human Rights and North Korea
Institute for National Unification
“Even if people go to work, they have nothing to do, and factories
lack the ability to compensate their workers with wages or rations.”
-Survey of North Korean Human Rights Conditions 2008
“The Government regularly ordered people out for a 150 day ‘food
battle’, or intensive agricultural labor, but those involved were not
guaranteed to share in the produce.”
-Vitit Muntarbhorn, UN Special Rapporteur on NKHR, referring
to the DPRK regime in his latest report to the UN, October 2009
“There are no genuine trade unions, apart from those which prop
up the regime.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
Article 24.
Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.
BUT IN NORTH KOREA...
“The regime, which believes that people ought to ‘do away with the
slightest indolence and relaxation in life and work and live with
revolutionary morale, always in a strained and mobilized posture’
provides little in the way of recreational facilities...”
“With all the demands made on their time, North Korean students
have little to spend by themselves, with their friends, or at home
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Spring 2010 Life & Human Rights in North Korea
with their family. Their days are programmed: from thirty to forty
hours a week in class, from one to five hours a week of militia
training, from twelve to twenty hours a week of volunteer labor, and
from three to six hours a week of criticism meetings. That leaves
precious little free time, some of which must be spent on
homework.”
-Kim Il Sung’s North Korea by Helen Louise Hunter
“It is ironic that people are being forced to work more through mass
mobilization, even though this is not necessarily to their benefit but
to the benefit of the regime in power and its own sustenance.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
Article 25.
1. Everyone has the right to a standard of living adequate for the
health and well-being of himself and of his family, including food,
clothing, housing and medical care and necessary social services,
and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall
enjoy the same social protection.
BUT IN NORTH KOREA...
“Millions of North Koreans continued to suffer hunger and chronic
malnutrition. Continued government restrictions on freedom of
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The Universal Declaration of Human Rights and North Korea
movement and information, lack of transparency and hampering of
independent monitoring meant that food aid may not always have
reached those most in need. According to WFP estimates, nearly half
of North Korea’s 23.7 million do not have enough to eat and more
than a third of the population (nearly 6.5 million North Koreans) is
chronically malnourished. Rations from the Public Distribution
System - the primary source of staple food for more than 70 per cent
of the population - have reportedly declined from the already
insufficient 319g per person per day in 2003 to 250g in March 2005.
Urban families reportedly spent up to 85 per cent of their incomes
on food. Such households were heavily dependent on inflation-
prone private markets, where staples cost 10 to 15 times more than
in the government-run system.”
-Amnesty International, World Food Program 2005
“The social welfare system, including the quality of hospitals, is in
serious decline.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
“Particularly worrying was the finding that cases of children affected by
diarrhea had increased markedly, to nearly twice the number recorded
in the previous Government/United Nations nutritional survey in
2005. Child malnutrition and illnesses have thus been on the rise.”
-Vitit Muntarbhorn, UN Special Rapporteur on the Situation of
Human Rights in DPRK, Annual Report on Human Rights in
DPRK, August 2009
“About 20% of children under the age of two suffer from diarrheal
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Spring 2010 Life & Human Rights in North Korea
diseases caused by contaminated water and poor hygiene practices...
Approximately one third of mothers are malnourished and anemic,
a rate that has not improved since 2002.”
-UNICEF Report on North Korea, November 2006
“DPRK Infant mortality ratio-47 per 1,000 live births; maternal
mortality ratio-370 per 100,000 live births. South Korea Infant
mortality ratio-4 per 1,000 live births; maternal mortality ratio-14 per
100,000 live births.”
-UN Population Fund State of the World Population 2009 Report
“The ultimate epitome of the highest level of dehumanization
reigning in the concentration camps of North Korea are the reports
of compulsory abortion, disappearance of newborn children and
the systematic killings of babies by the North Korean authorities in
the presence of their mothers. Unborn and newly-born babies are
not spared the qualification of being ‘enemies of state’ as their
mothers are North Korean defectors who have been repatriated to
North Korea against their will. The a priori incrimination of
unborn babies transpires in the words of a guard in Yodok camp
who admonished a pregnant woman, ‘How can a counter-
revolutionary and an enemy of the people such as yourself dare to
bear a child?’”
-Human Rights Without Frontiers, January 8, 2002, Reports on
“Long-standing practices of baby-killing in the camps of North
Korea”
“Pregnant women repatriated from China are subjected to forced
abortions for carrying ‘half-Chinese’ babies”
- Free North Korea Radio, December 2009
123
The Universal Declaration of Human Rights and North Korea
Article 26.
1. Everyone has the right to education. Education shall be free, at
least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional
education shall be made generally available and higher education
shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights
and fundamental freedoms. It shall promote understanding,
tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for
the maintenance of peace.
3. Parents have a prior right to choose the kind of education that
shall be given to their children.
BUT IN NORTH KOREA...
“Although access to education is quasi universal, the school
environment with hundreds of classrooms damaged or destroyed by
floods remains poor as well as the quality of education due to lack of
resources and exposure.”
-UNICEF, Humanitarian Action Report 2009, Asia and the Pacific,
DPRK
“Children are taught discipline and love for Kim, the state, and their
parents...They are taught that Kim is the source of everything good
and that they should love, honor and obey him.”
-Kim Il Sung’s North Korea by Helen Louise Hunter
“Children would be taught to be militant revolutionaries. ‘We must
educate the students to hate the landlord and capitalist classes and
124
Spring 2010 Life & Human Rights in North Korea
the exploiting system,’ Kim said.”
-Under the Loving Care of the Heavenly Father by Bradley K. Martin
“Thank you, Father Kim Il-SUNG’ is the first phrase North Korean
parents are instructed to teach to their children. From cradle to grave,
the North Korean citizens are surrounded by the all-encompassing
presence of the ‘Great Leader’ and his son, the ‘Dear Leader’ Kim
Jong-il. The Kim dynasty is much more than an authoritarian
government; it holds itself out as the ultimate source of power.”
“The religious cult around the Kims touches every individual and
every province in the DPRK. Students are required to memorize the
‘Ten Principles for the Establishment of the One Ideology System of
the Party’, and every North Korean is expected to attend one or more
of an estimated 450,000 Kim Il Sung Revolutionary Research Centers
at least weekly for instruction, inspiration and self-criticism.”
-“Thank You Father Kim Il Sung:” US Commission on International
Religious Freedom
Article 27.
1. Everyone has the right freely to participate in the cultural life of
the community, to enjoy the arts and to share in scientific
advancement and its benefits.
2. Everyone has the right to the protection of the moral and material
interests resulting from any scientific, literary or artistic
production of which he is the author.
BUT IN NORTH KOREA...
“Culture in North Korea would be ‘socialist in content, nationalist in
125
The Universal Declaration of Human Rights and North Korea
form.’ In other words, old novels, plays, songs and poems unsuitable
for the indoctrination of the masses might be consigned to libraries
and filing cabinets accessible only to a handful of specialists.”
-Under the Loving Care of the Heavenly Father by Bradley K. Martin
“Apparently no one is ever above suspicion, especially intellectuals
and creative people. Party officials have been particularly zealous in
monitoring the activities of North Korea’s top artists and
musicians...Whereas most people were supposed to attend mutual
criticism sessions once a week, artists and actors were ordered to
attend such sessions every other day.”
-Kim Il Sung’s North Korea by Helen Louise Hunter
“North Korean scientists who complained that their country is
turning into China’s industrial waste site have been purged in North
Korea... The soil survey research center at Hamhung Institute of
Technology released a research paper on its study of land pollution
resulting from burial of industrial waste from China and a letter
urging countermeasures to the Central Committee of the (North
Korean) Workers’ Party. The institute was dismantled and senior
officials and researchers were all purged, because ‘the scientists
violated rules by reporting the matter directly to the party secretary
without going through the required process.”
-The Dong-A Ilbo, November 26 2009
Article 28.
Everyone is entitled to a social and international order in which the
rights and freedoms set forth in this Declaration can be fully
realized.
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Spring 2010 Life & Human Rights in North Korea
BUT IN NORTH KOREA...
“The government’s human rights record remained poor, and the
regime continued to commit numerous serious abuses. The regime
subjected citizens to rigid controls over many aspects of their lives.
Citizens did not have the right to change their government. There
continued to be reports of extrajudicial killings, disappearances,
arbitrary detention, and political prisoners. Prison conditions were
harsh and life-threatening, and torture occurred. Pregnant female
prisoners underwent forced abortions in some cases, and in other cases
babies were killed upon birth in prisons. The judiciary was not
independent and did not provide fair trials. Citizens were denied
freedom of speech, press, assembly, and association, and the
government attempted to control all information. The government
restricted freedom of religion, citizens’ movement, and worker rights.
There continued to be reports of severe punishment of some
repatriated refugees. There were widespread reports of trafficking in
women and girls among refugees and workers crossing the border into
China.”
-2008 Human Rights Report: DPRK; US State Department,
February 25th 2009
Article 29.
1. Everyone has duties to the community in which alone the free and
full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be
subject only to such limitations as are determined by law solely for
the purpose of securing due recognition and respect for the rights
and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic
127
The Universal Declaration of Human Rights and North Korea
society.
3. These rights and freedoms may in no case be exercised contrary to
the purposes and principles of the United Nations.
BUT IN NORTH KOREA...
“Everyone in North Korea seems to know pretty much what his
songbun (class background) is, although there are no precise
gradations and no official notice is ever given. At every important
juncture in life-at the end of middle and high school, with admission
or non-admission to college, entry or non-entry in the army,
admission or non-admission to the party, approval or non-approval
for marriage, assignment to a job, or transfer into or out of the city
or into or out of a collective farm-it is fairly obvious whether one’s
songbun is good or bad. Just how good or how bad becomes clearer
over time, with the more subtle changes in a career. The system has
a negative effect on the incentive, ambition and diligence of the
privileged class as well as the non-privileged.”
-Kim Il Sung’s North Korea by Helen Louise Hunter
Article 30.
Nothing in this Declaration may be interpreted as implying for any
State, group or person any right to engage in any activity or to
perform any act aimed at the destruction of any of the rights and
freedoms set forth herein.
BUT IN NORTH KOREA...
“Therefore, the cry must be human rights. It must be the first thing
on our agenda, on any agenda, in any discussion with North Korea.
That is what we are calling for today, as one voice, the voice of
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Spring 2010 Life & Human Rights in North Korea
people of many faiths and nationalities.”
-North Korea Freedom Day statement Seoul Peace Prize laureate
Suzanne Scholte
For further information contact North Korea Freedom Coalition
at www.nkfreedom.org
“The North Korea Freedom Coalition would like to thank the
following people for their help with research and translation:
Suzanne Scholte, Sookook Kim, Jane Yang,
Hyoju Kim, and Henry Song.”
129
The Universal Declaration of Human Rights and North Korea
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