A/HRC/13/47
the country. While five returned to Japan following the Pyongyang Summit and Declaration
between the two countries, other cases await an effective commitment from the Democratic
People’s Republic of Korea to clarify and settle matters satisfactorily. The most recent
round of dialogue between Japan and the country in question took place in August 2008
with an agreement on the following components:
(a)
The scope of investigations will be victims identified by the Government of
Japan and other missing persons;
(b)
The country in question will establish an investigation committee with
adequate authority;
(c)
This country will notify the progress of the investigation and discuss it with
(d)
agreed;
When survivors are found, the subsequent process will be discussed and
Japan;
(e)
The country will cooperate so that Japan will be able to directly confirm the
results of the investigation;
(f)
Both sides will continue to discuss other matters related to the investigation.
79.
The Democratic People’s Republic of Korea, however, has postponed implementing
this agreement. It is also increasingly acknowledged that several other countries have been
affected by the abductions of their nationals committed by agents of that country, giving
rise to international crimes with global implications.
80.
Japan has adopted a variety of measures targeted to ensure that the Democratic
People’s Republic of Korea is accountable for the crimes committed. These include
prohibition of visits of vessels from that country, and various embargoes and restrictions on
trade and exchanges with the country. In 2006, an important law was adopted in Japan to
address the issue of human rights violations by the country in question, with amendments in
2007 to strengthen international cooperation on this front. This law provides for a number
of measures, including awareness-raising activities among the Japanese public.
81.
The 2006 law also provides a window for addressing other human rights concerns
which are now increasingly discussed in official circles. It provides for measures to protect
and support defectors from the Democratic People’s Republic of Korea, including the
Japanese spouses of Koreans who migrated to Japan, Korean residents from Japan who
later settled in the Democratic People’s Republic of Korea but who now wish to come back
to Japan, and nationals of the country in question seeking asylum in Japan. While a number
of the second group mentioned have the nationality of Japan, others have increasingly opted
to pursue becoming nationals of the Republic of Korea in recent years. This invites
cooperation across frontiers to promote humanitarian solutions.
82.
Constructive implementation is exemplified by the fact that Japan is now affording
protection to a number of persons in such categories. More facilities and processes to
enable them to adapt to society are welcome, especially to enable their peers and local
communities to participate in the transition. An additional challenge is to explore creative
ways of enabling those who have returned to Japan to reunite with the families left behind
in the Democratic People’s Republic of Korea and/or in a transit country.
83.
In addition, it is notable that in 2009, Japan ratified the International Convention for
the Protection of All Persons from Enforced Disappearance.
84.
The Special Rapporteur also paid a site visit to Obama city, Fukui Prefecture, a
location where some of the abductions had taken place. Agents of the Democratic People’s
Republic of Korea had landed on the coast to perpetrate these crimes, and it was due to the
GE.10-10793
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