RES/31/18 Situation of human rights in the Democratic People’s Republic of Korea

Human Rights Council Thirty-first session

Agenda item 4

Resolution adopted by the Human Rights Council on 23 March 2016

31/18. Situation of human rights in the Democratic People’s Republic of Korea

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human

Rights, the International Covenants on Human Rights and other human rights instruments,

Recalling all previous resolutions adopted by the Commission on Human Rights, the

Human Rights Council and the General Assembly on the situation of human rights in the

Democratic People’s Republic of Korea, including Council resolution 28/22 of 27 March

2015 and Assembly resolution 70/172 of 17 December 2015, and urging the

implementation of those resolutions,

Bearing in mind paragraph 3 of General Assembly resolution 60/251 of 15 March

2006,

Recalling its resolutions 5/1, on institution-building of the Human Rights Council,

and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the Council, of

18 June 2007, and stressing that the mandate holder shall discharge his/her duties in

accordance with those resolutions and annexes thereto,

Stressing the importance of following up on the recommendations contained in the

report of the commission of inquiry on human rights in the Democratic People’s Republic

of Korea,1 which was welcomed by both the Human Rights Council and the General

Assembly, and transmitted to the relevant bodies of the United Nations, including the

Security Council,

Deeply concerned at the systematic, widespread and gross human rights violations in

the Democratic People’s Republic of Korea that, in many instances, constitute crimes

against humanity, and at the impunity of perpetrators, as described in the report of the

commission of inquiry,

1 A/HRC/25/63.

United Nations A/HRC/RES/31/18

Concerned that the precarious humanitarian situation in the country is exacerbated

by the failure of the Government of the Democratic People’s Republic of Korea to provide

humanitarian agencies with free and unimpeded access to all populations in need and by its

national policy priorities that, among others, prioritize military spending over citizens’

access to food,

Reaffirming that it is the responsibility of the Government of the Democratic

People’s Republic of Korea to ensure the full enjoyment of all human rights and

fundamental freedoms of its entire population, including by ensuring equal access to

adequate food, as well as, among others, freedom of religion or belief, freedom of

expression and freedom of association and assembly,

Recognizing that particular risk factors affect women, children, persons with

disabilities and the elderly, and the need to ensure the full enjoyment of all their human

rights and fundamental freedoms by them against neglect, abuse, exploitation and violence,

Acknowledging the participation of the Democratic People’s Republic of Korea in

the second universal periodic review process, noting the acceptance by the Government of

the Democratic People’s Republic of Korea of 113 of the 268 recommendations contained

in the outcome of the review and its stated commitment to implement them and to look into

the possibility of implementing a further 58 recommendations, and emphasizing the

importance that the Democratic People’s Republic of Korea accept and implement the

recommendations in order to address the grave human rights violations in the country,

Recognizing the important work of the treaty bodies in monitoring the

implementation of international human rights obligations, and emphasizing the need for the

Democratic People’s Republic of Korea to comply with its human rights obligations and to

ensure regular and timely reporting to the treaty bodies,

Noting the importance of the issue of international abductions and of the immediate

return of all abductees, taking note of the outcome of the government-level consultation

between the Democratic People’s Republic of Korea and Japan in May 2014, on the basis

of which the Democratic People’s Republic of Korea commenced investigations on all the

Japanese nationals, and expecting the resolution of all issues related to the Japanese

nationals, in particular the return of all abductees, to be achieved at the earliest possible

date,

Welcoming the panel discussion on the situation of human rights in the Democratic

People’s Republic of Korea, including the issue of international abductions, enforced

disappearances and related matters, held during the thirtieth session of the Human Rights

Council,

Noting the importance of inter-Korean dialogue, which could contribute to the

improvement of the human rights and humanitarian situation in the Democratic People’s

Republic of Korea,

Welcoming the resumption of the reunions of separated families across the border in

October 2015, and, given that this is an urgent humanitarian concern of the entire Korean

people, owing, in particular, to the advanced age of many members of the separated

families, hoping that necessary arrangements for confirming the fate of family members,

exchanging letters, visiting their hometowns and holding further reunions on a larger scale

and a regular basis will be made by the Democratic People’s Republic of Korea, the

Republic of Korea and members of the Korean diaspora,

Reaffirming the importance of States engaging fully and constructively with the

Human Rights Council, including with the universal periodic review process and other

mechanisms of the Council, for the improvement of their situation of human rights,

1. Condemns in the strongest terms the long-standing and ongoing systematic,

widespread and gross human rights violations and other human rights abuses committed in

the Democratic People’s Republic of Korea, and expresses its grave concern at the detailed

findings made by the commission of inquiry in its report, including:

(a) The denial of the right to freedom of thought, conscience and religion, and of

the rights to freedom of opinion, expression and association, which is enforced through an

absolute monopoly on information and total control over organized social life, and arbitrary

and unlawful State surveillance that permeates the private lives of all citizens;

(b) Discrimination based on the songbun system, which classifies people on the

basis of State-assigned social class and birth, and also includes consideration of political

opinions and religion, discrimination against women, including unequal access to

employment, discriminatory laws and regulations, and violence against women;

(c) Violations of all aspects of the right to freedom of movement, including

forced assignment to State-designated places of residence and employment, often based on

the songbun system, and denial of the right to leave one’s own country;

(d) Systematic, widespread and grave violations of the right to food and related

aspects of the right to life, exacerbated by widespread hunger and malnutrition;

(e) Violations of the right to life and acts of extermination, murder, enslavement,

torture, imprisonment, rape and other grave forms of sexual violence and persecution on

political, religious and gender grounds in political prison camps and ordinary prisons, and

the widespread practice of collective punishment with harsh sentences imposed on innocent

individuals;

(f) Systematic abduction, denial of repatriation and subsequent enforced

disappearance of persons, including those from other countries, on a large scale and as a

matter of State policy;

2. Urges the Government of the Democratic People’s Republic of Korea to

acknowledge the human rights violations in the country and to take immediate steps to end

all such violations and abuses through, inter alia, the implementation of relevant

recommendations in the report of the commission of inquiry, including, but not limited to,

the following steps:

(a) To ensure the right to freedom of thought, conscience and religion, and the

rights to freedom of opinion, expression and association, including by permitting the

establishment of independent newspapers and other media;

(b) To end discrimination against citizens, including State-sponsored

discrimination based on the songbun system, and to take immediate steps to ensure gender

equality and to protect women from gender-based violence;

(c) To ensure the right to freedom of movement, including the freedom to choose

one’s place of residence and employment;

(d) To promote equal access to food, including through full transparency

regarding the provision of humanitarian assistance so that such assistance is genuinely

provided to vulnerable persons;

(e) To immediately halt all human right violations relating to prison camps,

including the practice of forced labour, to dismantle all political prison camps and to release

all political prisoners, to immediately cease the practice of the arbitrary execution of

persons in custody, and to ensure that justice sector reforms provide protections for a fair

trial and due process;

(f) To resolve the issue of all persons who have been abducted or otherwise

forcibly disappeared, and their descendants, in a transparent manner, including by ensuring

their immediate return;

3. Reiterates its deep concern at the commission’s findings concerning the

situation of refugees and asylum seekers returned to the Democratic People’s Republic of

Korea, and other citizens of the Democratic People’s Republic of Korea who have been

repatriated from abroad and made subject to sanctions, including internment, torture, cruel,

inhumane and degrading treatment, sexual violence, enforced disappearance or the death

penalty, and in this regard strongly urges all States to respect the fundamental principle of

non-refoulement, to treat humanely those who seek refuge and to ensure unhindered access

to the United Nations High Commissioner for Refugees and the Office of the United

Nations High Commissioner for Human Rights with a view to protecting the human rights

of those who seek refuge, and once again urges State parties to comply with their

obligations under international human rights law and the Convention relating to the Status

of Refugees and the Protocol thereto in relation to persons from the Democratic People’s

Republic of Korea who are covered by those instruments;

4. Stresses and restates its grave concern about the commission’s finding that

the body of testimony gathered and the information received provided reasonable grounds

to believe that crimes against humanity have been committed in the Democratic People’s

Republic of Korea, pursuant to policies established at the highest level of the State for

decades; these crimes against humanity entail extermination, murder, enslavement, torture,

imprisonment, rape, forced abortions and other sexual violence, persecution on political,

religious, racial and gender grounds, the forcible transfer of populations, the enforced

disappearance of persons and the inhumane act of knowingly causing prolonged starvation;

5. Stresses that the authorities of the Democratic People’s Republic of Korea

have failed to prosecute those responsible for crimes against humanity and other human

rights violations, and encourages the members of the international community to cooperate

with accountability efforts and to ensure that these crimes do not remain unpunished;

6. Welcomes General Assembly resolution 70/172, in which the Assembly

encouraged the Security Council to continue its consideration of the relevant conclusions

and recommendations of the commission of inquiry and take appropriate action to ensure

accountability, including through consideration of referral of the situation in the

Democratic People’s Republic of Korea to the International Criminal Court and

consideration of the scope for effective targeted sanctions against those who appear to be

most responsible for acts that the commission has stated may constitute crimes against

humanity;

7. Also welcomes the decision of the Security Council to hold a second Council

meeting on 10 December 2015, following the one held in December 2014, during which the

situation of human rights in the Democratic People’s Republic of Korea was discussed, and

looks forward to the continued and active engagement of the Council on this matter;

8. Commends the Special Rapporteur on the situation of human rights in the

Democratic People’s Republic of Korea for the activities undertaken to date and his

continued efforts in the conduct of his mandate despite the lack of access to the country;

9. Welcomes the report of the Special Rapporteur submitted to the Human

Rights Council at its thirty-first session,2 in which the Special Rapporteur called upon the

Council to establish a group of independent experts on accountability;

2 A/HRC/31/70.

10. Recalls the findings and recommendations of the commission of inquiry on

human rights in the Democratic People’s Republic of Korea, and requests the United

Nations High Commissioner for Human Rights to designate, for a period of six months, a

maximum of two existing independent experts in support of the work of the Special

Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea

to focus on issues of accountability for human rights violations in the country, in particular

where such violations amount to crimes against humanity, as found by the commission of

inquiry;

11. Requests the group of independent experts on accountability, taking into

account existing international law and prevailing State practices with regard to

accountability:

(a) To explore appropriate approaches to seek accountability for human rights

violations in the Democratic People’s Republic of Korea, in particular where such

violations amount to crimes against humanity, as found by the commission of inquiry;

(b) To recommend practical mechanisms of accountability to secure truth and

justice for the victims of possible crimes against humanity in the Democratic People's

Republic of Korea, including the International Criminal Court;

12. Decides to extend the mandate of the Special Rapporteur of the situation of

human rights in the Democratic People’s Republic of Korea, in accordance with Human

Rights Council resolution 28/22, for a period of one year;

13. Calls again upon all parties concerned, including United Nations bodies, to

consider implementation of the recommendations made by the commission of inquiry in its

report in order to address the dire situation of human rights in the Democratic People’s

Republic of Korea;

14. Welcomes the establishment by the Office of the High Commissioner of a

field-based structure in Seoul to strengthen the monitoring and documentation of the

situation of human rights in the Democratic People’s Republic of Korea, to ensure

accountability, to provide the Special Rapporteur with increased support, to enhance the

engagement and capacity-building of the Governments of all States concerned, civil society

and other stakeholders, and to maintain the visibility of the situation of human rights in the

Democratic People’s Republic of Korea, including through sustained communications,

advocacy and outreach initiatives;

15. Also welcomes the report of the High Commissioner on the role and

achievements of the Office with regard to the situation of human rights in the Democratic

People’s Republic of Korea submitted to the Human Rights Council at its thirty-first

session,3 and invites the High Commissioner to provide regular updates on the issue to the

Council;

16. Calls upon all States to undertake to ensure that the field-based structure of

the Office of the High Commissioner can function with independence, that it has sufficient

resources and that it is not subjected to any reprisals or threats;

17. Requests the Office of the High Commissioner to report on its follow-up

efforts in the regular annual report of the Secretary-General submitted to the General

Assembly on the situation of human rights in the Democratic People’s Republic of Korea;

18. Requests the Special Rapporteur to submit regular reports to the Human

Rights Council and to the General Assembly on the implementation of his or her mandate,

3 A/HRC/31/38.

including on the follow-up efforts made in the implementation of the recommendations of

the commission of inquiry;

19. Also requests the Special Rapporteur to include the report of the group of

independent experts on accountability as an annex to his/her report to the Council at its

thirty-fourth session;

20. Acknowledges that the Special Rapporteur held a dialogue with the

representatives of the Democratic People’s Republic of Korea in New York on 27 October

2014, and urges the Government of the Democratic People’s Republic of Korea, through

continuous dialogues, to invite and to cooperate fully with the Special Rapporteur, to give

the Special Rapporteur and supporting staff unrestricted access to visit the country, and to

provide them with all information necessary to enable them to fulfil such a mandate, and

also to promote technical cooperation with the Office of the High Commissioner;

21. Encourages the United Nations system, including its specialized agencies,

States, regional intergovernmental organizations, interested institutions, independent

experts and non-governmental organizations to develop constructive dialogue and

cooperation with special procedure mandate holders, including the Special Rapporteur, and

the field-based structure of the Office of the High Commissioner;

22. Encourages all States, the United Nations Secretariat, including relevant

specialized agencies, regional intergovernmental organizations and forums, civil society

organizations, foundations and engaged business enterprises and other stakeholders towards

which the commission of inquiry has directed recommendations to take forward those

recommendations;

23. Encourages all States that have relations with the Democratic People’s

Republic of Korea to use their influence to encourage it to take immediate steps to end all

human rights violations, including by closing political prison camps and undertaking

profound institutional reforms;

24. Requests the Secretary-General to provide the Special Rapporteur and the

Office of the High Commissioner with regard to the field-based structure with all the

assistance and adequate staffing necessary to carry out the mandate effectively, and to

ensure that the mandate holder receives the support of the Office of the High

Commissioner;

25. Decides to transmit all reports of the Special Rapporteur to all relevant bodies

of the United Nations and to the Secretary-General for appropriate action.

63rd meeting

23 March 2016

[Adopted without a vote.]