A/HRC/16/58
12.
Recent months have also seen unprecedented tension in the region. In November
2010, the Democratic People’s Republic of Korea fired artillery on Yeonpyeong Island in
the Republic of Korea, which resulted in the death of two civilians and two Republic of
Korea military staff members. The Special Rapporteur recognizes the gravity of the military
actions, which escalated tensions between the Republic of Korea and the Democratic
People’s Republic of Korea, and expressed his sympathy to the victims and called for
restraint and to adopt measures that would ease the tension. These developments underscore
the importance and need for resumption of multilateral meetings involving the Democratic
People’s Republic of Korea. The Special Rapporteur wishes to reiterate that the Democratic
People’s Republic of Korea should not find itself in isolation at a juncture when it needs the
support and cooperation of the international community the most, both to address the
human rights situation and to meet humanitarian needs.
13.
The Yeonpyeong shelling has also resulted in negative repercussions on the
provision by the Republic of Korea of humanitarian aid to the Democratic People’s
Republic of Korea and issues such as the family reunion. The Special Rapporteur will deal
with these concerns later in this report.
14.
The International Criminal Court began to examine whether the sinking of Cheonan,
a Republic of Korea warship hit by a torpedo allegedly fired from a Democratic People’s
Republic of Korea submarine on 26 March 2010, resulting in the death of 46 persons, and
the shelling of Yeonpyeong Island on the 23 November 2010, resulting in the killing of 2
civilians and injuring many others, would constitute war crimes under the jurisdiction of the
court. The Court’s consideration of the two incidents opens questions of accountability for
other alleged crimes committed by the Democratic People’s Republic of Korea, including
the issue of abduction, which the Special Rapporteur has discussed later in this report.
A.
Separated families and family reunion
15.
The facilitation of the family reunion of separated families on 30 October 2010
through an inter-Korean temporary family reunion process was a welcome development.
The families concerned had been separated for six decades. The reunion was the eighteenth
cross-border family reunion event since the two countries held their historic first summit in
2000. Each cross-border family reunion brings together some 100 families from each side,
which is meagre when compared with the number of persons affected by separation of
families. Although the family reunification is temporary in nature, with members of the
families having to return back to the country from which they came after their brief
meeting, it provides some respite to families who have not seen their loved ones for
decades. The Special Rapporteur reiterates that there is an urgent need for more frequent
and regular family reunions. He stresses the urgency of such measures given that separated
members are now either very old or dead. Since the 1950–1953 Korean War around
128,000 Koreans from the Republic of Korea requested to meet their family members in the
Democratic People’s Republic of Korea, out of which an estimated 40,000 are now dead,
leaving another 83,000 or so on the waiting list for reunions. For those who have managed
to meet their family members in one of the cross-border family reunion so far, it may have
been the last time that they will have such a chance, as priority will be now be given to
those remaining who have not had their turn for reunification.
16.
On several occasions in the past, prior to the family reunion, the Democratic
People’s Republic of Korea has demanded that the Republic of Korea donate hundreds of
thousands of tons of rice and fertilizer as a prerequisite for family reunions to resume on
a regular basis. The Special Rapporteur strongly urges that such demands should not be
imposed a prerequisite for family reunions.
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