A/HRC/13/47
authorities dealing with labour. In 2007 the two countries concluded a bilateral agreement
concerning exchange of labour, and this was complemented by a Memorandum of
Understanding on the issue in 2008. Interestingly, the agreement exempts labour force from
the Democratic People’s Republic of Korea under contract from job placement fees in
Mongolia. The labour force has been employed mainly in construction work, services and
agriculture.
67.
The following recommendations are thus made by the Special Rapporteur on the
basis of lessons learned from the visit:
(a)
The Special Rapporteur welcomes Mongolia’s consideration of accession to
the Convention relating to the Status of Refugees and its Protocol, and urges expeditious
accession to these treaties, complemented by effective implementation at the national and
local levels. The constructive cooperation with UNHCR can be further enhanced by the
presence of permanent staff of UNHCR as part of the sustained engagement with Mongolia;
(b)
The Special Rapporteur welcomes the accession of Mongolia to the United
Nations Convention against Transnational Organized Crime and its protocols on human
trafficking and smuggling, and encourages victim-sensitive legislation procedures as part of
the implementation process to ensure that victims of human trafficking and/or human
smuggling are not criminalized, with due regard to gender sensitivity and the needs of
special groups such as children;
(c)
The Special Rapporteur invites the Mongolian authorities to continue the
policy of affording humane treatment to those who seek asylum in the country, with the
provision of facilities to meet their physical and psychological needs and to respond to the
language and other needs linked with adaptation to resettlement in other countries;
(d)
The Special Rapporteur recommends a broad capacity-building process, in
cooperation with civil society, to convey a positive image of those who seek asylum in the
country, including the training of officials on international standards, and awareness-raising
among parliamentarians and the public to nurture an attitude of empathy towards those who
seek protection in Mongolia;
(e)
The Special Rapporteur encourages the Mongolian authorities to consider
accession to the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families and relevant international labour conventions, and
to strengthen implementation measures in support of the Special Rapporteur’s mandate.
B.
Republic of Korea
68.
The Special Rapporteur carried out an official visit to the Republic of Korea from 10
to 16 January 2010.
69.
The current policy of this country’s Government towards the country in question is
based upon “mutual benefit and common prosperity”; this underscores the need for
“reciprocity” between the two countries, oriented towards mutual engagement achieving
concrete results. The policy encompasses these components:
(a)
The two countries should pursue a more substantive relationship targeted to
peace and unification; abandonment of the nuclear programme of the Democratic People’s
Republic of Korea; flexible policies supported by national consensus; social and cultural
exchanges; and responses to humanitarian issues;
(b)
The resolution of humanitarian issues is anchored on various human rights
challenges, including resolution of the plight of families separated by the Korean war;
resolution of the question of prisoners of war from that era and subsequent abductions of
16
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