A/HRC/7/20
page 16
54. The main impact of the situation in the Democratic People’s Republic of Korea on
Mongolia relates to the influx of its nationals who have exited from the country in search of
asylum. In recent years, there has been a continuing flow of these persons through a
neighbouring country into Mongolia. Mongolia’s policy towards the group has been based upon
humanitarian considerations, offering them temporary asylum prior to durable solutions. It has
abided by the international principle of “non-refoulement” of those who seek asylum and has
worked closely with the United Nations High Commissioner for Refugees (UNHCR) in the
process. In 2007, several hundred persons, originally from the country, sought protection and
assistance in Mongolia and they are housed in various facilities before being processed for
resettlement in the Republic of Korea.
55. From the angle of the country’s engagement with the international system which has
bearing on the protection of those seeking asylum in the country, Mongolia is already a party to
key human rights treaties and is now considering accession to the Convention relating to the
Status of Refugees and its Protocol. It is also in the process of acceding to the United Nations
Convention against Transnational Organized Crime and its Protocols to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children and against the Smuggling of
Migrants by Land, Sea and Air.
56. The Special Rapporteur notes commendable progress, since his previous visit, in regard to
improvements concerning the facilities sheltering asylum-seekers. These facilities now offer
more space and are better ventilated than in the past. The Special Rapporteur was informed by
those who are sheltered at these facilities that they are well cared for and that they look forward
to a new life in their final destination country. A recurrent pattern of the life stories of this group
is that they left the country clandestinely, under dangerous circumstances, before making their
way through a neighbouring country, and ultimately arriving in Mongolia in search of safety.
Their reasons for departure from the country vary from political reasons, such as persecution and
forced labour, to economic reasons, such as the quest for a new livelihood.
57. The majority of the group are women and some landed up in exploitative situations, such
as forced marriage, before reaching Mongolia. Both male and female cases indicated to the
Special Rapporteur that they had spent several years in the neighbouring country before seeking
to leave the country. While some had been subjected to human trafficking, such as forced
marriage, at times with children as a result of the union, others had taken up employment in the
neighbouring country mentioned, although threatened with uncertainty due to their
undocumented status, prior to moving to Mongolia. Nearly all cases that the Special Rapporteur
witnessed stated that they had paid or promised to pay substantial sums to smugglers to help find
their way to the Mongolian border. The sums demanded by the smugglers were around two to
three and a half million Korean won, possibly with an additional “advance” sum. Several had left
their families behind either in the country or in the neighbouring country where they had been
forced to marry. They were afraid of the consequences of exposure of their identity, especially in
regard to potential retaliation in the country against their families, and they expressed a strong
desire for confidentiality.
58. On analysis, interestingly the flows of people from the country are often mixed or
composite flows with a variety of motivations, with subsequent reasons for moving on after
residing for a number of years in a neighbouring country, before finally heading to Mongolia,
usually paying their way through a smuggler. Some come as part of small groups arranged by
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