A/HRC/43/58
the Korean peninsula, and a swift resolution of the armistice status, would create the
atmosphere and space needed for further discussions on denuclearization, less isolation,
more access and greater respect for human rights. In fact, the Declaration on the Rights of
Peoples to Peace66 states in its preamble that the General Assembly is “Convinced that life
without war serves as the primary international prerequisite for the material well-being,
development and progress of countries, and for the full implementation of the rights and
fundamental human freedoms proclaimed by the United Nations”. In paragraph 4, the
General Assembly also “Appeals to all States and international organizations to do their
utmost to assist in implementing the right of peoples to peace through the adoption of
appropriate measures at both the national and the international level”. The Special
Rapporteur is therefore of the view that a peace declaration should not be put on hold
pending the completion of denuclearization.
46.
The Special Rapporteur also met with members of Women Cross DMZ. In 2015, 30
women from 15 countries crossed the demilitarized zone, demonstrating their commitment
to peacemaking. This unprecedented movement engaged with women inside the
Democratic People’s Republic of Korea, and has now converged with other groups into a
global coalition of women’s peace organizations calling for an end to the Korean War, to
sign a peace agreement, and to include women in peace processes.67 The Special Rapporteur
calls upon concerned Governments to hear the message from this movement.
VI. Accountability
47.
The Human Rights Council continues to explore possible options for accountability
for human rights violations in the Democratic People’s Republic of Korea. OHCHR, as
mandated by the Human Rights Council, collects and analyses victim and witness accounts
and consolidates information from different stakeholders. Civil society organizations have
also continued to gather information about human rights abuses. The Special Rapporteur
supports such efforts to preserve information for future peace and justice processes.
48.
The Special Rapporteur is also of the view that the time has come to develop and
test concrete avenues for accountability and justice for human rights violations in the
Democratic People’s Republic of Korea. Victims of human rights violations cannot wait for
the parties to agree on peace and denuclearization. The lack of accountability also means
lack of deterrence for ongoing and future abuses. In other country situations, there have
been efforts to address violations in the inter-State venue of the International Court of
Justice and through creative legal channels at the International Criminal Court and domestic
courts under the principle of universal jurisdiction.68 Those and other experiences should
inform efforts to seek justice for violations in the Democratic People’s Republic of Korea.
49.
Six years ago, the Commission of Inquiry on Human Rights in the Democratic
People’s Republic of Korea presented its report to the Human Rights Council. In that
report, it stated that it had found reasonable grounds to conclude 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”, and that “crimes against humanity are
ongoing in the Democratic People’s Republic of Korea because the policies, institutions
and patterns of impunity that lie at their heart remain in place”. 69 The inaction by the
Security Council with regard to referring the case to the International Criminal Court, as
recommended by the Commission of Inquiry, should not paralyse all other initiatives and
mechanisms aimed at ensuring that justice is done.
66
67
68
69
16
General Assembly resolution 39/11 of 12 November 1984.
The campaign is called “Korea Peace Now! Women Mobilizing to End the War”.
This refers to the case of Myanmar.
A/HRC/25/63, paras. 75–76.
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