A/HRC/26/43
recommendations and to support to a United Nations system-wide “Rights up Front”
response to the situation of human rights in the Democratic People’s Republic of
Korea. In this context, the Special Rapporteur is fully cognizant of the important
humanitarian work that the United Nations and other entities are doing in the
country. He draws attention to the commission’s recommendations, and indeed that of
the Special Rapporteur throughout his work, that States should not use the provision
of food and other essential humanitarian assistance to impose economic or political
pressure on the State. Humanitarian assistance should be provided in accordance with
humanitarian and human rights principles, including the principle of nondiscrimination. Aid should only be curbed to the extent that unimpeded international
humanitarian access and related monitoring is not adequately guaranteed.48 The
Special Rapporteur hopes that all parts of the United Nations system will rise to the
challenge and work and deliver in a coordinated and unified manner, as envisaged in
the Secretary-General’s “Rights up Front” initiative in response to the commission’s
report.
61.
In its resolution 25/25, the Human Rights Council specifically requested the
Office of the High Commissioner to follow up urgently on the recommendations made
by the commission of inquiry in its report, and to provide the Special Rapporteur with
increased support, including through the establishment of a field-based structure to
strengthen monitoring and documentation of the situation of human rights in the
Democratic People’s Republic of Korea, to ensure accountability, to enhance
engagement and capacity-building with the Governments of all States concerned, civil
society and other stakeholders, and to maintain visibility of the situation of human
rights in the Democratic People’s Republic of Korea, including through sustained
communications, advocacy and outreach initiatives. The Special Rapporteur stresses
that the implementation of that recommendation requires the proactive engagement
of all parties concerned with the utmost urgency. In order for the field-based
structure to be effective, it has to build on the achievements of the commission of
inquiry. The Special Rapporteur considers it important for the structure to be as near
as possible to the main source of information, and its impact also partly depends on
whether its presence in the region is felt. It must also be able to function with the same
independence and objectivity as the commission, in accordance with the principles of
the United Nations. Given the persistent denial of access to the Democratic People’s
Republic of Korea, it is not realistic to establish a field-based structure in Pyongyang.
All things considered, it was the commission’s view that the Republic of Korea would
be the optimal location for the field structure. The Special Rapporteur welcomes that
the acceptance by the Republic of Korea to host the structure.49 He hopes that the
structure will be soon operational and trusts that its staff will be able to function in
full accordance with the principles of the United Nations and with unimpeded access
to witnesses, in order to ensure the continuation of monitoring and documentation of
evidence.
48
49
20
Ibid., para. 94 (i).
See the OHCHR press briefing at
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14653&LangID=E.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents