A/HRC/31/70
7.
On 17 December 2015, the General Assembly adopted resolution 70/172 on the
situation of human rights in the Democratic People’s Republic of Korea (119 Member
States voted in favour, 19 against and 48 abstained). Like in its resolution 69/188, the
Assembly called upon the Security Council to consider referring the situation of human
rights in the country to the International Criminal Court.
8.
On 10 December 2015, the High Commissioner addressed the Security Council, and
briefed it on the situation of human rights in the Democratic People’s Republic of Korea.
B.
1.
Developments in neighbouring countries
Republic of Korea
9.
On 4 August 2015, a landmine explosion severely injured two soldiers of the
Republic of Korea in the demilitarized zone, leading to weeks of tension between the
Democratic People’s Republic of Korea and the Republic of Korea. On 25 August 2015,
the two countries reached an agreement, which contained several points, including on the
holding of talks between authorities to improve bilateral relations, resuming the reunion of
families separated as a result of the Korean War, and strengthening exchanges of nongovernmental organizations in various fields. On the basis of the agreement, a reunion
involving 186 separated families was organized from 20 to 26 October 2015 in the
Democratic People’s Republic of Korea. Furthermore, on 11 December, a vice-ministerial
talk was held between the two countries at the Kaesong industrial complex. The Special
Rapporteur welcomes that meeting, which followed a number of interactions between the
two countries, and hopes that such meetings will lead to increased opportunities for
engagement. In this regard, he also appreciates the significant role played by civil society
groups on the ground.
10.
Since his previous report, the Special Rapporteur has paid two visits to the Republic
of Korea: from 6 to 10 September 2015, at the invitation of the Government, and from 23 to
27 November 2015. During the two visits, he met with senior officials from the Ministry of
Foreign Affairs, the Ministry of Justice, the Ministry of Unification and the National
Intelligence Service. He also met with representatives of the National Human Rights
Commission of Korea, the Korea Institute for National Unification, the Korean Institute for
Criminology, the Judicial Policy Research Institute of Korea and the Korean Bar
Association, parliamentarians, members of non-governmental organizations, persons who
left the Democratic People’s Republic of Korea, young people and members of the
diplomatic community.
11.
During his visit in September 2015, the Special Rapporteur noted the improvement
in relations between the two States following the agreement of 25 August, and welcomed
the intra-Korean dialogue and people-to-people contacts. He also noted an increase in
public discussions in the Republic of Korea relating to the possibility of unification. Such
discussions make the work on accountability more urgent. The Special Rapporteur stresses
that a framework on accountability measures for crimes against humanity and other human
rights violations must be a component of discussions on the future of the Korean peninsula,
including the scenario of unification.
12.
Consequently, during his visit in November 2015, the Special Rapporteur further
explored possible accountability measures, including through meetings with stakeholders
relevant to the judiciary in the Republic of Korea. Throughout his visit, the Special
Rapporteur stressed that the time had come to move forward on accountability measures.
The Special Rapporteur also held talks relating to transitional justice with stakeholders in
the Republic of Korea, and stressed that discussion need to be further developed to adopt a
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