A/HRC/22/57
78.
The Commission on Human Rights also echoed its concern about the same reported
violations.101
79.
With regard to freedom of expression, the Special Rapporteur noted, in 2006, that
there was no ostensible improvement during the year. The opaque and non-democratic
nature of the State militates against the right to self-determination and the need for
democracy in the country. Although the advent of technology and globalization has meant
that some Democratic People‟s Republic of Korea nationals have more access to foreign
information, there is still no genuine free access to information, since media and related
information are State-controlled and it is illegal to listen to foreign radio, watch foreign TV
or to own computers without official permission. 102
80.
According to information received, in October 2006, the authorities threatened
independent radio stations run by exiles and operated from another country. Another source
indicates that the local police monitor sales of radios so as to ensure that they are pre-tuned
to government stations and are sealed before they go on sale. 103
81.
In 2009, the Special Rapporteur highlighted that the media is heavily controlled and
censored, and forms the backbone of an enormous propaganda machine. Reading of books
from the Republic of Korea is punishable as a crime of espionage. Chinese books are also
prohibited. There is extensive wiretapping of telephones. Unless one belongs to the elite, it
is forbidden to own computers and to use the Internet without official permission and it is
prohibited to watch foreign videos. There are reports of official clamp-downs on compact
discs, and surveillance teams of inspectors raid homes to see whether families are (illegally)
watching or listening to foreign films and radio or television broadcasts. Such raids are
particularly intense near the border with neighbouring countries. Radio and television sets
are pre-tuned to Government programmes. People who were caught listening to foreign
broadcasts were detained by the State authorities and sentenced to long prison terms. 104
82.
In 2011, the Special Rapporteur underlined that the authorities in the country
continue to impose severe restrictions on freedom of opinion, expression and assembly,
despite constitutional guarantees of these rights. 105 He stressed that the provisions of the
Press Law of the Democratic People‟s Republic of Korea are not in line with a State party‟s
obligation under article 19 of the International Covenant on Civil and Political Rights.
Article 48 of the Press Law, for instance, empowers the State to criminalize any statement,
publication, news or article that is critical of the State or its organs. Furthermore, article 103
of the Penal Code of the Democratic People‟s Republic of Korea, as amended in 1999,
stipulates that anyone seriously disturbing the social order shall be punished with up to 5
years of correctional labour and, in serious cases, their leaders shall be punished with up to
10 years of correctional labour. When the Democratic People‟s Republic of Korea further
amended the Penal Code in April 2004, with the aim of including specific acts that would
constitute such crimes, it included listening to broadcasts from the Republic of Korea;
collecting, possessing and circulating printed matter from the Republic of Korea; and
spreading unfounded rumours. 106
83.
In 2011, the Special Rapporteur highlighted the fact that the availability of foreign
newspapers to the public is highly restricted with independent national media, and severe
restrictions on journalists‟ travel within the country and abroad. Restrictions placed on
101
102
103
104
105
106
E/CN.4/RES/2004/13; E/CN.4/RES/2005/11
E/CN/4/2006/35; A/60/306.
A/HRC/4/15, para 14
A/64/224, para 31
A/66/322, paras 48-51
A/66/322, para 49
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