A/HRC/26/43
community had to accept its responsibility to protect the people of the Democratic People’s
Republic of Korea from crimes against humanity, because the Government had manifestly
failed to do so. In particular, this responsibility had 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 helped not only to explain the intractability of the situation of
human rights but also why an effective response was imperative.14
22.
In a press statement issued on 15 November 2013, upon concluding an official visit
to the Republic of Korea in November 2013,15 the Special Rapporteur stressed the need to
look at issues related to human rights in the Democratic People’s Republic of Korea with a
perspective paving the way for justice and reconciliation on the Korean peninsula. In the
light of the findings of the commission of inquiry, the Special Rapporteur reiterates that the
primary responsibility for the human rights of the people in the Democratic People’s
Republic of Korea lies with the Government. The international community must address the
Government’s failure to do so and ensure accountability. Meanwhile, the international
community cannot shy away from external factors, such as security concerns, inter-Korean
relations and the regional dynamics around the peninsula and beyond, that also affect the
considerations and the severely restrictive policies of the leadership of the Democratic
People’s Republic of Korea. Unless these factors are taken into account, there will be no
meaningful steps towards a settlement of the Korean question, which has a direct bearing
on the human rights of the people on the Korean peninsula.
IV.
Responses of the Democratic People’s Republic of Korea
23.
By providing a more holistic picture of the wide-ranging and gross human rights
violations committed in the Democratic People’s Republic of Korea, the findings of the
commission of inquiry put an end to the decades-long cover-up of the true magnitude and
gravity of the State’s atrocities against its own people. Now, not only does the world but
also the leadership of the Democratic People’s Republic of Korea know that the truth has
been revealed, and that it is under increased scrutiny. This is powerful and can act as both a
deterrent and an incentive to change course. This is one of the many reasons why the
Special Rapporteur believes that change is possible.
24.
Although the Democratic People’s Republic of Korea has categorically rejected the
commission of inquiry, the Special Rapporteur has observed some indication that it has
been responding to the revelations; for instance, family reunions in the Korean Peninsula
resumed in February 2014 for the first time since 2010.16 The announcement came earlier
and preparations were under way, while the reunions were held shortly after the
commission made its report public on 17 February 2014. A few days before the commission
presented its report to the Human Rights Council and engaged in an interactive dialogue
with the Council on its findings and recommendations on 17 March 2014, the Yokota
family from Japan, after years of anguish since the abduction of their 13-year-old daughter
Megumi in 1977, was able to meet and spend some time in Mongolia with their
granddaughter and great granddaughter, who were born in Democratic People’s Republic of
Korea.17 Some might see these as coincidences. The Special Rapporteur believes that the
14
15
16
17
8
Ibid., para. 86.
Available at www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13993&LangID=E.
“Tearful Korean reunions begin; first since 2010”, Associated Press, 20 February 2014, available at
http://bigstory.ap.org/article/koreas-begin-reunions-separated-families.
“Meeting with abductee’s daughter could propel Tokyo-Pyongyang talks”, Asahi Shimbun, 17 March
2014, available at http://ajw.asahi.com/article/asia/korean_peninsula/AJ201403170078.
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