A/HRC/7/20
page 13
Special Rapporteur has talked directly with many of these women, some of whom had been sold
into forced marriage in a neighbouring country, before moving on to seek refuge elsewhere. The
reasons why criminals prey on this group were already referred to in the Special Rapporteur’s
previous reports, e.g. the pretext of family reunion, the belief that women fulfil their promise to
pay up more seriously than men and that they are less likely to be prosecuted for illegal entry
into another country.20
39. With regard to child rights, a recent self-assessment by the country is visible from its
third and fourth consolidated reports under the Convention on the Rights of the Child
(CRC/C/PRK/4). Of note is the range of new plans and laws which have come into being in
recent years, such as the 2005 Law on Tobacco Control which prohibits sale of tobacco to
minors; the revisions of the Criminal Code and Criminal Procedure Code in 2004 and 2005 to
offer clearer categorization of criminal offences; the 2004 Family Law affording protection to
mothers and children. The country has formulated a National Programme of Action for the
Well-being of Children 2001-2010, reflecting some of the Millennium Development Goals.
International agencies indicate good cooperation from the authorities on some fronts, such as
vaccination against measles and the development of a gravity-fed water purifying system.
40. There remains the challenge of implementation of the programme while existing policies
manipulate child development as part of the survival strategy of the regime in power. Of
particular importance is to assess the implementation of child rights considering the hierarchical
and stratified nature of the political system. Obviously, children who are not part of the elite are
more susceptible to discrimination. This includes the range of abandoned children and street
children, hungry for help and sustenance - the Khojetbis. Matters are made more complicated if
they leave the country of origin for refuge elsewhere. The report recently submitted by the
Democratic People’s Republic of Korea to the Committee on the Rights of the Child
(CRC/C/PRK/4) is decidedly thin in regard to the special protection measures needed to address
the specific concerns of children in difficulties, such as refugee children, children of political
dissidents, children of minorities, abused/neglected children, and children who are in conflict
with the authorities. There is an urgent need to improve the criminal justice system affecting
children, bearing in mind juvenile justice standards of a universal kind. This is interrelated with
the question of prisons and detention facilities discussed above.
41. Elderly persons are also increasingly vulnerable to the mounting deprivations, given the
food and economic uncertainties in the country; likewise the plight of those with disabilities.
42. The Special Rapporteur underlines a key issue which has not been adequately addressed to
date: family reunion. Many of those who exit from the Democratic People’s Republic of Korea
and/or transited in a neighbouring country leave behind family members before reaching the
final destination country. Measures should be adopted at the bilateral and/or other levels to
facilitate family reunification, coupled with measures to ensure that no intimidation or other
forms of coercion are used against those family members who remain in the country of origin or
any other country.
20
A/HRC/4/15, para. 30, and A/62/264, para. 42.
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