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. 7

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents