A/HRC/26/43
numerous cases of international abduction and enforced disappearances,28 as documented
by the commission of inquiry in its report, is totally unacceptable. If accepted at face value,
this conduct, despite the consistent and credible evidence gathered also by other
mechanisms of the Human Rights Council itself, could seriously undermine the whole
universal periodic review process with the Democratic People’s Republic of Korea, running
counter to the principles that the review be a cooperative mechanism, based on objective
and reliable information and on dialogue, thus undermining its objective of improving the
situation of human rights on the ground. This should also be food for thought for those
Member States that did not support the commission of inquiry or Human Rights Council
resolution 25/25 by arguing that the universal periodic review mechanism rather than a
country-specific initiative would be preferable to address the situation.
V.
The way forward: the responses required of all parties
concerned
39.
In its resolution 25/25, the Human Rights Council called 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 human rights situation in the Democratic People’s Republic of Korea. The
Special Rapporteur interprets “all parties concerned” as all-encompassing; this
includes Member States, the United Nations system and its relevant bodies,
neighbouring States and other States concerned, relevant international, regional and
national bodies, civil society, individuals, the international community as a whole, and
possibly other stakeholders.
40.
Unlike in the previous two years, when the Human Rights Council adopted its
annual resolution on the situation of human rights in the Democratic People’s
Republic of Korea (resolution 19/13 in 2012 and resolution 22/13 in 2013) without a
vote, resolution 25/25 was adopted by a vote, requested by Cuba; the result was 30
votes in favour (Argentina, Austria, Benin, Botswana, Brazil, Burkina Faso, Chile,
Costa Rica, Côte d’Ivoire, Czech Republic, Estonia, France, Germany, Ireland, Italy,
Japan, Kazakhstan, Maldives, Mexico, Montenegro, Morocco, Peru, Philippines,
Republic of Korea, Romania, Sierra Leone, the former Yugoslav Republic of
Macedonia, United Arab Emirates, United Kingdom of Great Britain and Northern
Ireland, United States of America), 6 against (China, Cuba, Pakistan, Russian
Federation, Venezuela (Bolivarian Republic of), Viet Nam), with 11 abstentions
(Algeria, Congo, Ethiopia, Gabon, India, Indonesia, Kenya, Kuwait, Namibia, Saudi
Arabia, South Africa). The position of each of the 47 States Members of the Council
has been recorded and is a matter of public and historical record. The Special
Rapporteur observes that both during the interactive dialogue with the commission of
inquiry and when the resolution was adopted on 28 March 2014, none, with the
exception of the Democratic People’s Republic of Korea, denied that the dire human
rights situation had to be addressed. Of the countries that did not join the majority of
30 members voting in favour of the resolution, most – if not all – cited procedural
reasons or differences in approach. They reiterated their reservations about countryspecific mandates, and expressed preference for other mechanisms, in particular the
universal periodic review, and urged engagement, dialogue and cooperation. The
Special Rapporteur stresses that different mechanisms exist for good reasons, and that
they are not mutually exclusive. Indeed, ultimately they serve and share the common
goal to better promote and protect human rights for all.
28
Ibid., paras. 122 and 119.
13
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