A/HRC/16/58 63. In the case of Japan, the country adopted an important law in 2006 aimed at addressing elements of the human rights situation in the Democratic People’s Republic of Korea. The law provides, inter alia, measures for protection for Japanese spouses of Koreans who migrated to Japan, Korean residents from Japan who later settled in the Democratic People’s Republic of Korea but wish to return to Japan, and asylum-seekers from the Democratic People’s Republic of Korea. Japan has taken some steps in implementing some of the provisions of the law, but the Special Rapporteur would encourage Japan to provide more support to the above category of persons, which would help them achieve quicker and better integration into the country. The Special Rapporteur notes that there are also currently Japanese NGOs that provide on the basis of voluntary contributions from individuals in Japan. 64. The Special Rapporteur is aware that, while some persons flee the Democratic People’s Republic of Korea due to persecution, others leave for economic reasons. With regards to those leaving the country for economic reasons, it is important to provide them with protection for various reasons. Persons leaving a country for reasons of economic hardship may be entitled for refugee status if they have been compelled to leave because of a government’s economic policies. There are good grounds for arguing that their departure was motivated by political persecution, one of the five grounds established by the Convention relating to the Status of Refugees. 65. It is important to recognize the principle of refugees sur place. Refugee sur place may not fit the definition of persons who are refugees when they leave their country, but become refugees at a later date because of a valid fear of persecution upon return. Persons from the Democratic People’s Republic of Korea who leave their country for economic reasons can become refugees sur place if they have valid fears of persecution upon return. In the case of persons from the Democratic People’s Republic of Korea, their Government deems it a criminal offence to leave the country without permission. For instance, article 62 of the Criminal Code bans citizens from travelling to another country without State permission, which is in clear violation of Democratic People’s Republic of Korea’s obligation under article 12 of the International Covenant on Civil and Political Rights.31 Beyond the legal provision itself, allegations of stricter control of people’s movement, especially of those leaving the country, continue to be recorded. It is widely reported, as the Special Rapporteur also gathered during the interviews he conducted, that when persons from the Democratic People’s Republic of Korea are returned, they can expect to face arrest, detention and undergo beatings, sexual violence, forced labour, forced abortion, torture and, in some cases, death. 66. The Special Rapporteur is of the opinion that protection, including shelter, should continue to be provided to persons leaving the Democratic People’s Republic of Korea and all States should abstain from forcibly returning them to the Democratic People’s Republic of Korea. IV. Conclusions and recommendations 67. The Special Rapporteur wishes to emphasis the need for the Democratic People’s Republic of Korea to ensure the overall protection and promotion of human rights in the country as provided under the international human rights instruments, with particular focus on, but not confined to, freedom of movement, freedom of 31 Article 12 of the Covenant provides that everyone shall be free to leave any country, including his own. 15