A/HRC/26/43
People’s Republic of Korea “in faithful compliance with the DPRK-Japan Pyongyang
Declaration published in September 2002”,36 and that the issue of prisoners of war
had been settled in accordance with the Armistice Agreement, while the issue of the
“abduction of south Koreans” did not exist.37 Such blatant denial of the facts in the
face of the systematic violations and numerous cases documented by the commission
of inquiry cannot be left unchallenged. The Special Rapporteur stresses the gravity of
the commission’s findings and the clarity that it has given to the issue of international
abductions and enforced disappearances have energized all concerned to work
together, bring closure to victims’ families and loved ones, and ensure accountability.
C.
Neighbouring States and other States concerned
51.
On the issue of refoulement, the commission of inquiry recommended that
China and other States should respect the principle of non-refoulement and,
accordingly, abstain from forcibly repatriating any persons to the Democratic
People’s Republic of Korea.38 The Special Rapporteur reiterates his call upon all
countries where persons from the Democratic People’s Republic of Korea have sought
refuge or are transiting to protect such persons, to treat them humanely and to adhere
to the principle of non-refoulement.
52.
With regard to the role of China and the possible ways forward, the Special
Rapporteur draws attention to a number of pertinent issues and observes that China
is in a challenging and an unenviable situation. Most of the nationals of the
Democratic People’s Republic of Korea who manage to flee the country cross the
border with China, and will continue to do so. The current handling of the movement
of people across the borders is far from ideal, can easily lead to abuses and is not at all
sustainable. The Special Rapporteur makes himself available to engage in a
constructive dialogue with China to help find a way forward. The current situation
harms all concerned, including the people of China, and must not continue. In
addition, many women are trafficked by force or deception from the Democratic
People’s Republic of Korea into China for the purposes of exploitation. The
commission of inquiry found that an estimated 20,000 children born to women from
the Democratic People’s Republic of Korea were currently in China, without proper
access to education, and health care, and nationality and birth registration.39 The
Special Rapporteur remains deeply disturbed by the widespread practice of
infanticide and the murder of half-Chinese children in the Democratic People’s
Republic of Korea, as revealed by the investigation conducted by the commission of
inquiry,40 corroborated by several witnesses as well as in the latest universal periodic
review documentation concerning the treatment of minorities in the Democratic
People’s Republic of Korea. 41 This, too, must be stopped.
53.
The Special Rapporteur points out that the cooperation of China is a key factor
in bringing meaningful change to the situation of human rights in the Democratic
People’s Republic of Korea. This applies to the people-to-people and other forms of
contact and information flow above and beyond those at the official level.
Strengthened market forces and advances in information technology have, for
36
37
38
39
40
41
A/HRC/27/10, para. 119.
Ibid., para. 95.
A/HRC/25/63, para. 90 (a).
Ibid., para. 44.
Ibid., para. 90 (f); see also the report of the detailed findings of the commission of inquiry (see
footnote 5), paras. 424-435.
A/HRC/WG.6/19/PRK/3.
17
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