A/HRC/26/43
2014. Of the 13 members present,45 the 11 members who spoke all suggested, to
various degrees, that the situation of human rights in the Democratic People’s
Republic of Korea be formally incorporated into the Council’s agenda. Several also
called for regular briefings on the situation by the United Nations High Commissioner
for Human Rights and the Special Rapporteur. Six of the 11 members explicitly called
for a referral of the situation in the Democratic People’s Republic of Korea to the
International Criminal Court for action in accordance with that court’s jurisdiction,
as recommended by the commission of inquiry.46 The other five indicated that it was
incumbent upon the Security Council to consider the matter and referral to the
International Criminal Court. The report of the commission has been circulated as a
Security Council document (S/2014/276).
58.
The Human Rights Council, in its resolution 25/25, recommended that the
General Assembly submit the report of the commission of inquiry to the Security
Council for its consideration and appropriate action in order that those responsible
for human rights violations, including those that may amount to crimes against
humanity, were held to account, including through consideration of referral of the
situation in the Democratic People’s Republic of Korea to the appropriate
international criminal justice mechanism, and consideration of the scope for effective
targeted sanctions against those who appear to be most responsible for crimes against
humanity, taking into account the relevant conclusions and recommendations of the
commission of inquiry. The commission briefed and discussed its findings and
recommendations at a side event to the sixty-eighth session of the General Assembly
on 16 April 2014. In the past two years, the Assembly has adopted its annual
resolution on the situation of human rights in the Democratic People’s Republic of
Korea without a vote. In its resolution 68/183, the Assembly requested the Special
Rapporteur to continue to report his findings and recommendations, as well as to
report on the outcome of and follow-up to the work of the commission of inquiry, in
line with any decisions of the Human Rights Council at its twenty-fifth session. The
Special Rapporteur will further update the Assembly in his report to be submitted to
the Assembly later in 2014. In the light of the grave findings and recommendations of
the commission of inquiry, the Assembly should, possibly in its relevant resolution on
the State at its next session, send an unequivocal signal that the international
community is prepared to take the follow-up to the work of the commission and
Human Rights Council resolution 25/25 to a new level.
59.
In its resolution 68/183, the General Assembly requested the Secretary-General
to submit a comprehensive report on the situation the Democratic People’s Republic
of Korea. The Human Rights Council, in its resolution 25/25, requested the Office of
the High Commissioner to report on its follow-up efforts in the regular annual report
of the Secretary-General to the General Assembly on the situation of human rights in
the Democratic People’s Republic of Korea, effective as of the sixty-ninth session of
the Assembly.
60.
In the light of the above, the commission of inquiry, in its report, recommended
that the United Nations Secretariat and agencies should urgently adopt and
implement a common “Rights up Front” strategy to ensure that all engagement with
the Democratic People’s Republic of Korea effectively takes into account, and
addresses, human rights concerns.47 The Special Rapporteur is encouraged that, in his
meeting with the three members of the commission in April 2014, the SecretaryGeneral expressed his commitment to follow up on the commission’s
45
46
47
China and the Russian Federation did not take part.
A/HRC/25/63, para. 94 (a).
Ibid., para. 94 (g).
19
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