A/HRC/25/63
systematically uses violence and punishment to deter its citizens from exercising their
human right to leave the country. Persons who are forcibly repatriated from China
are commonly subjected to torture, arbitrary detention, summary execution, forced
abortion and other forms of sexual violence.
85.
A number of long-standing and ongoing patterns of systematic and widespread
violations, which were documented by the commission, meet the high threshold
required for proof of crimes against humanity in international law. The perpetrators
enjoy impunity. The Democratic People’s Republic of Korea is unwilling to implement
its international obligation to prosecute and bring the perpetrators to justice, because
those perpetrators act in accordance with State policy.
86.
The fact that the Democratic People’s Republic of Korea, as a State Member of
the United Nations, has for decades pursued policies involving crimes that shock the
conscience of humanity raises questions about the inadequacy of the response of the
international community. The international community must accept its responsibility
to protect the people of the Democratic People’s Republic of Korea from crimes
against humanity, because the Government of the Democratic People’s Republic of
Korea has manifestly failed to do so. In particular, this responsibility must be
accepted in the light of the role played by the international community (and by the
great powers in particular) in the division of the Korean peninsula and because of the
unresolved legacy of the Korean War. These unfortunate legacies help not only to
explain the intractability of the human rights situation but also why an effective
response is now imperative.
87.
The United Nations must ensure that those most responsible for the crimes
against humanity committed in the Democratic People’s Republic of Korea are held
accountable. Options to achieve this end include a Security Council referral of the
situation to the International Criminal Court or the establishment of an ad hoc
tribunal by the United Nations. Urgent accountability measures should be combined
with a reinforced human rights dialogue, the promotion of incremental change
through more people-to-people contact and an inter-Korean agenda for reconciliation.
88.
On the basis of its findings and conclusions, the Commission makes the
recommendations below.
89.
The commission of inquiry recommends that the Democratic People’s Republic
of Korea:
(a)
Undertake profound political and institutional reforms without delay to
introduce genuine checks and balances upon the powers of the Supreme Leader and
the Workers’ Party of Korea; such changes should include an independent and
impartial judiciary, a multiparty political system and elected people’s assemblies at
the local and central levels that emerge from genuinely free and fair elections; reform
the security sector by vetting the entire officers’ corps for involvement in human
rights violations and by limiting the functions of the Korean People’s Army to
defending the nation against external threats; and dismantle the State Security
Department and place the Ministry of Public Security under transparent democratic
oversight. An independent constitutional and institutional reform commission,
consisting of respected members of society in the Democratic People’s Republic of
Korea, should be constituted to guide this process and should be assisted by
appropriate international experts;
(b)
Acknowledge the existence of human rights violations, including the
political prison camps described by the commission in the present report; provide
international humanitarian organizations and human rights monitors with immediate
access to the camps and their surviving victims; dismantle all political prison camps
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