A/HRC/22/57
journalists and others who seek to exercise their freedom of expression and opinion are
incompatible with provisions under paragraph 3 of article 19 of the International Covenant
on Civil and Political Rights. State-controlled media have also been used to defame
independent reporting through allegations attacking the integrity, morals and independence
of journalists and media outlets. Complaints have been fabricated to discredit independent
non-governmental organizations and journalists. 107
84.
The Secretary-General also highlighted that the Government‟s control over the flow
of information is strict and pervasive. The Democratic People‟s Republic of Korea‟s state
news agency, the Korean Central News Agency, is the only source of information for all
media outlets in the country.108
85.
In 2012, the Special Rapporteur underlined that due to ambiguous terms in the
Criminal Code of the Democratic People‟s Republic of Korea, the State can impose severe
restrictions on the enjoyment of freedom of opinion and expression. For instance, article
166 of the Code refers to punishment of a worker in the communications and broadcasting
service sector who makes “irresponsible” communications or does not conduct
broadcasting in a “normal manner”, resulting in “serious consequences”. The use of terms
such as “normal manner”, “serious consequences” and “irresponsible” leaves scope for the
Government to suppress freedom of opinion and expression. It should be noted that the
universal right to freedom of expression includes the right to receive and impart
information. “Article 195 of the Code provides for punishments, including short-term
labour, for a person who listens to broadcasts that are hostile to the Republic or collects,
keeps or distributes enemy propaganda, which can be broadly interpreted to restrict people
in the exercise of their right to freedom of opinion and expression or to allow the
Government to place severe restrictions on independent media in the country.” 109
Recommendations on freedom of expression
86.
The Secretary-General urged the Government of the Democratic People‟s Republic
of Korea to “to take decisive measures to respect the rights to freedom of thought,
conscience and religion; assembly; and opinion and expression.” 110 Furthermore, the
Special Rapporteur, in concert with the statements made by the Secretary-General, also
noted that “freedom of opinion and expression is an indispensable condition for the full
development of society, and the realization of a number of rights. To this end, he calls on
the Government to provide greater space for independent media, free access to the
Internet.”111
G.
Violations of the right to life
87.
Over many years the General Assembly and the Commission on Human Rights have
expressed their serious concern at the use of public executions and “imposition of the death
penalty for political or religious reasons.” 112 In 2001, the Human Rights Committee
107
108
109
110
111
112
28
A/66/322, para 50
A/66/343, para 13
A/67/370, para 26
A/67/362, para 57
A/66/322, para 65
E/CN.4/RES/2005/11; E/CN.4/RES/2004/13; E/CN.4/RES/2003/10; A/RES/66/174; A/RES/65/225;
A/RES/64/175
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