A/HRC/22/57 Recommendations on prison camps 58. In 2011, the Secretary-General urged the Democratic People‟s Republic of Korea to improve conditions in prisons and detention centres, and release political prisoners. 76 The Special Rapporteur also made similar calls and proposed “that the authorities begin the release of political prisoners starting with certain categories of prisoners, such as the elderly, those having medical conditions, long serving prisoners, women who have children and persons imprisoned due to guilt by association.” 77 E. Discrimination 59. The United Nations reports and resolutions have documented several patterns of discrimination in the Democratic People‟s Republic of Korea, in particular: (a) Division of society into three different groups of allegiance to the regime, which affects the citizen‟s level of enjoyment of human rights and fundamental freedoms, including access to food; (b) Discrimination against women, children, the elderly and persons with disabilities, including the disproportionate effect of malnutrition on these populations and specific violations that individuals in each of these categories suffer; and (c) Violations specifically affecting those who have been repatriated to the Democratic People‟s Republic of Korea and their families. 60. Since 2005, the Special Rapporteur has highlighted that while the Constitution and other laws in the Democratic People‟s Republic of Korea enshrine the principle of nondiscrimination, the practice is defective. 78 The Special Rapporteur notes that the Government divides the population into three different groups: those close to the regime (the core mass), the group in the middle (the basic mass), and those considered hostile to the regime (the complex mass).79 He describes the way in which these divisions affect people’s access to basic rights and services: “The first group is the ruling elite, which is well endowed with privileges, such as access to special schools and hospitals. They are allowed to own private phones and read foreign publications. The second is the majority of the population, such as farmers and workers. They are provided with food rations, although dwindling in recent years due to the Government‟s experimentation with the market economy and a reduction in the State-sponsored public distribution system. The third group is considered to be the enemies of the State and is persecuted accordingly. They include the landed class before the communist takeover of the country, public officials under Japanese rule, religious groups, and those who assisted South Korean forces during the Korean War (1950-1953). They are denied access to college education and are discriminated against in their access to basic necessities such as housing, medical care and education. Many land up in the prisons referred to below. While this practice may have been abolished in law, it seems to persist and is implied by the testimonies of those who leave the country in search of refuge elsewhere.”80 61. Another particularity of this division identified by the Special Rapporteur is the application of the policy of “crime by association” which also provides a basis for discrimination:“Political dissent is heavily punished and has an intergenerational impact; 76 77 78 79 80 A/66/343, para 74 A/66/322, para 62 A/60/306, para 20 A/60/306; A/HRC/7/20; A/HRC/10/18; A/64/224 A/HRC/7/20, para 24 23

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