A/HRC/43/58
C.
Abductions
16.
The issue of international abductions remains of concern for the Special Rapporteur.
The Government of the Republic of Korea officially recognizes 516 of its citizens as postwar abductees, while tens of thousands were abducted during the Korean War. Among
those abducted are 11 persons who were among 50 abducted on 11 December 1969, during
the hijacking of Korean Air Lines flight YS-11.19 The Government of Japan recognizes 12
abductees from Japan, who remain unaccounted for. In addition, a number of other foreign
nationals were abducted, mainly in late 1970s and early 1980s. Enforced disappearance,
including in the form of abductions, is a serious crime that continues to be committed until
the fate and whereabouts of every disappeared person has been clarified, and consequently
individual criminal responsibility extends to those who currently have control over the
crime.
17.
During his official mission to Japan in December 2019, the Special Rapporteur met
with families of Japanese abductees.20 When sharing their continued suffering, one family
member said: “Every morning for the last decades I have woken up hoping that today may
finally bring happy news.” However, in spite of that issue repeatedly being raised during
summits between the United States and the Democratic People’s Republic of Korea, no
progress has been made in resolving it. The Special Rapporteur also met with a family
member of Anocha Panjoy, a Thai citizen who was abducted from Macao in 1978, and with
a civil society actor who supports the return of Doina Bumbea, a Romanian citizen who
disappeared from Italy in 1978. The Special Rapporteur stresses the need for a strategic
approach by the international community to collectively address the international crime of
abduction, to realize the return of any remaining abductees, and to seek justice and
accountability.
D.
Situation of people repatriated to the Democratic People’s Republic of
Korea
18.. The Special Rapporteur has received information on an increasing number of
escapees from the Democratic People’s Republic of Korea, including children, who have
been detained in China. Since his previous report to the Human Rights Council, he has sent
seven urgent appeals to China detailing concerns about 46 escapees. He welcomes future
replies from the Government of China containing more detailed information than has been
included in previous exchanges. However, the Special Rapporteur highlights the obligation
of China under international human rights and refugee law not to repatriate persons to the
Democratic People’s Republic of Korea,21 and therefore regrets that he has continued to
receive reports of individuals from the Democratic People’s Republic of Korea being
repatriated. He further reiterates that, regardless of the status of those persons, international
human rights law also provides the principle of non-refoulement, which is explicitly
included in the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, which has been ratified by China. There are substantial grounds
to believe that escapees would be subjected to torture or other serious human rights
violations if repatriated to the Democratic People’s Republic of Korea, and they should
therefore be protected as refugees sur place. The Special Rapporteur also urges the
Government of China to grant permission to staff of the Office of the United Nations High
Commissioner for Refugees to travel to relevant border areas to enable escapees from the
Democratic People’s Republic of Korea to seek asylum from persecution.22
19.
The Special Rapporteur is deeply concerned about the decision made by the
Government of the Republic of Korea on 7 November 2019 to deport two fishermen of the
Democratic People’s Republic of Korea who were reportedly seized in the waters of the
19
20
21
22
A total of 39 of the abductees were returned to the Republic of Korea on 14 February 1970.
The Special Rapporteur was saddened by the passing of the mother of Keiko Arimoto.
This includes the obligations of China as a party to the Convention relating to the Status of Refugees
and the Protocol thereto.
As protected under article 14 (1) of the Universal Declaration of Human Rights.
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