A/HRC/22/57
particularly drawing the attention to the provisions of the Criminal code and its
addendum.118
H.
Violations of freedom of movement
94.
The United Nations has consistently addressed reported violations of the right to
freedom of movement occurring across the Democratic People‟s Republic of Korea, as well
as of persons who cross or try to cross the border without a permit.
95.
Since 2006, the General Assembly has expressed “its very serious concern at …
limitations imposed on every person who wishes to move freely within the country and
travel abroad, including the punishment of those who leave or try to leave the country
without permission, or their families as well as punishment of persons who are returned and
at the “sanctions imposed on citizens of the Democratic People‟s Republic of Korea who
have been repatriated from abroad, such as treating their departure as treason, leading to
punishments of internment, torture, cruel, inhuman or degrading treatment or the death
penalty.”119
96.
The Democratic People‟s Republic of Korea has always had a strict policy on the
movements of its people both internally and externally. Since its inception, the authorities
have regulated migration stringently as an instrument of State control. Generally the
population is not allowed to move freely within the country and people are only able to
travel abroad with official permission. 120
97.
In 2012 the Special Rapporteur summarized how the classification of the population
on the basis of their loyalty to the Government affects the enjoyment of human rights,
including freedom of movement. He noted that members of the “hostile” class face “the
greatest number of restrictions and cannot live in Pyongyang or other major cities.” 121
98.
The Special Rapporteur noted that, for years, there has been a constant flow of
people persecuted by the authorities fleeing the country clandestinely, without travel
permits.122 The food crisis of the mid-1990s and thereafter has also led to increased
migration of people in search of food and other necessities across the border. There has thus
been a persistent flow of people into neighbouring countries at times in search of food,
employment and livelihood, at times escaping from persecution and oppression, at times for
both reasons.123
99.
In 2012 the Special Rapporteur recognized, that while some people flee the country
due to persecution, others leave for economic reasons.124 However, he noted that whatever
their motivation it is necessary to provide all individuals leaving the Democratic People‟s
Republic of Korea with protection. The Special Rapporteur observed that many of those
leaving the Democratic People‟s Republic of Korea belong to what the Government
considers the “hostile” class. “In such cases, there are strong grounds for arguing that their
departure is motivated by political persecution or due to their membership in a particular
118
119
120
121
122
123
124
30
A/HRC/19/65; A/67/370
A/RES/60/173; A/RES/61/174; A/RES/62/167; A/RES/63/190; A/RES/64/175; A/RES/66/174
A/HRC/7/20, para 20
A/67/370, para 51
A/HRC/10/18, paras 34-35; A/61/349, paras 36, 61
A/HRC/10/18, para 35
A/67/370, para 59
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