A/HRC/31/38
C.
Freedom of movement and the right to seek asylum
28.
In order to travel within the Democratic People’s Republic of Korea, citizens are
required to obtain a permit from local authorities. Such permits are said to be valid for only
one trip, for which the destination and purpose must be explicitly clarified. Some
individuals are reportedly able to circumvent that requirement by paying bribes.
29.
Citizens of the Democratic People’s Republic of Korea are also prohibited from
leaving the country without permission. Information from people who have left the country
indicates that controls along the border between the Democratic People’s Republic of
Korea and China have tightened since 2011. That information appears to be supported by a
notable decrease in the number of nationals of the Democratic People’s Republic of Korea
who reach the Republic of Korea. In 2015, some 1,276 persons reportedly arrived in the
Republic of Korea (80 per cent of them women), as opposed to 1,397 in 2014. Other
factors, such as the rotation of guards along the border, the reported increase in the cost of
engaging a broker to secure passage and, in some areas, possible increased economic
opportunities domestically, may have contributed to the decrease. Some people also partly
attribute the situation to increasing difficulties with mobile communications, which makes
it problematic to arrange brokers. In 2014, the authorities reportedly warned residents in the
border areas that they and their families would face severe punishment for assisting
individuals who were planning or attempting to cross the border, or for failing to report
such cases.
30.
In past years, a large number of brokers, many of them operating mainly for
financial gain, have assisted citizens of the Democratic People’s Republic of Korea to cross
the border. The fees charged by brokers have reportedly increased as movement across the
border has become more difficult. Additionally, women who wish to leave the Democratic
People’s Republic of Korea with the assistance of a broker remain vulnerable to human
trafficking, which, unlike passage using a broker, is coercive. Reportedly, some women
were indeed subjected to trafficking in that context.
31.
Individuals repatriated to the Democratic People’s Republic of Korea from China
and other counties are at risk of prolonged unlawful detention, ill-treatment and torture.
Those found to have sought to defect to the Republic of Korea or to have been in
communication with Christian organizations suffer particularly harsh punishment and risk
imprisonment in political prison camps, as they are regarded as having committed
particularly serious political crimes.
32.
Despite the risk of torture and other violations facing those who are returned to the
country, some neighbouring States have refouled refugees to the Democratic People’s
Republic of Korea. On 22 October 2015, a group of nine refugees, including an infant and a
teenager, were arrested in Viet Nam and transferred to China. They were reportedly
transferred to a town close to the border with the Democratic People’s Republic of Korea,
indicating that they were at risk of being forcibly repatriated. 7 In a statement issued on 3
December 2015, the Government of China reiterated that it considered those who had fled
the Democratic People’s Republic of Korea as illegal immigrants rather than refugees.
33.
The Committee against Torture, in its concluding observations on the fifth periodic
report of China, expressed concern at the rigorous policy of China of forcibly repatriating
all nationals of the Democratic People’s Republic of Korea on the ground that they had
illegally crossed the border solely for economic reasons. The Committee took note of over
100 testimonies received by United Nations sources indicating that persons forcibly
7
See http://ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16784&LangID=E.
7
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