A/HRC/31/70
the perception of injustice. It denies victims their right to justice, and may set a dangerous
precedent that will have an adverse impact on future stability and the rule of law. It would
also set another dangerous precedent at the international level.
43.
In the course of its work, the group should consider experiences from other countries
that have undergone transitional justice processes, in particular those where international
criminal justice has been involved. At the same time, the group should provide advice that
takes into account the unique situation of the Korean peninsula. As a guiding principle, the
group should adopt a victim-centric approach to accountability and give due importance to
the protection of the dignity of victims. This would include, in particular, taking into
account concerns related to women, children and other marginalized groups. 18
44.
The Special Rapporteur recommends that the panel comprise two or three experts,
possibly including the next mandate holder. The group would be expected to start working
in June 2016 for six months, with the possibility of extension. The group could submit an
interim report to the Human Rights Council at its thirty-third session and a final report at
the thirty-fourth session.
2.
Field presence of the Office of the High Commissioner
45.
The OHCHR field presence in Seoul continues to play a critical role in preparing for
future accountability processes. Together with the documentation by the commission of
inquiry, evidence gathered by the Office will be particularly important to achieve a more indepth understanding of the nature and scope of violations, and to determine responsibilities.
One key endeavour is the mapping of suspected perpetrators of grave human rights
violations and the related chain of command structures. The Office is tasked with
undertaking a comprehensive analysis of the structure of the regime. It will also gather the
most recent information about developments in the Democratic People’s Republic of
Korea, including recent violations. The Special Rapporteur invites the OHCHR field
presence to conduct this work in consultation with partners. In order to gather the most
relevant information, the Office must be guaranteed an enabling environment with the full
cooperation from all relevant actors, including Governments, and it must be provided with
adequate resources to discharge effectively its mandate.
III. Conclusions and recommendations
46.
Two years have passed since the commission of inquiry published its report, in
which it found that crimes against humanity had been and were being committed in
the Democratic People’s Republic of Korea. Regrettably, it does not appear that the
situation of human rights in the country has improved, and the crimes against
humanity documented by the commission appear to continue. While the Democratic
People’s Republic of Korea has at times indicated its willingness to engage with the
international community on some human rights issues, this has not yet led to any
tangible improvement in the situation of human rights.
47.
The period covered in the present report was characterized by greater
interaction between the Democratic People’s Republic of Korea and the Republic of
Korea. Discussions on the possibility of unification among government actors and
other parties in the Republic of Korea appear to be gaining traction.
48.
The international community, while taking advantage of the opportunities for
increased interaction between the Democratic People’s Republic of Korea and the
18
Guidance note of the Secretary-General (see footnote 1 above), 2010, p. 6.
11
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