A/HRC/25/63
the Democratic People’s Republic of Korea should be recognized as refugees fleeing
persecution or refugees sur place. They are thereby entitled to international protection. In
forcibly returning nationals of the Democratic People’s Republic of Korea, China also
violates its obligation to respect the principle of non-refoulement under international
refugee and human rights law. In some cases, Chinese officials also appear to provide
information on those apprehended to their counterparts in the Democratic People’s
Republic of Korea.
44.
Discrimination against women and their vulnerable status in the Democratic
People’s Republic of Korea, as well as the prospect of refoulement, make women extremely
vulnerable to trafficking in persons. Many women are trafficked by force or deception from
the Democratic People’s Republic of Korea into or within China for the purposes of
exploitation in forced marriage or concubinage, or prostitution under coercive
circumstances. An estimated 20,000 children born to women from the Democratic People’s
Republic of Korea are currently in China. These children are deprived of their rights to
birth registration, nationality, education and health care because their birth cannot be
registered without exposing the mother to the risk of refoulement by China.
45.
The Democratic People’s Republic of Korea has repeatedly breached its obligations
to respect the rights of its nationals who have special ties to, or claims in relation to, another
country, in this case the Republic of Korea, to return there or otherwise to enjoy a facility to
meet long separated families. The severe impediments put in place by the Democratic
People’s Republic of Korea to prevent contact and communication with family members in
the Republic of Korea are a breach of the State’s obligations under international human
rights law. The restrictions are arbitrary, cruel and inhuman. This is particularly the case
when previously agreed temporary reunions of separated families are cancelled for wholly
unpersuasive reasons, especially given the advanced age of the persons concerned.
D.
Violations of the right to food and related aspects of the right to life
46.
The rights to food, freedom from hunger and to life in the context of the Democratic
People’s Republic of Korea cannot be reduced to a narrow discussion of food shortages and
access to a commodity. The State has used food as a means of control over the population.
It has prioritized those whom the authorities believe to be crucial in maintaining the regime
over those deemed expendable.
47.
Confiscation and dispossession of food from those in need, and the provision of food
to other groups, follows this logic. The State has practised discrimination with regard to
access to and distribution of food based on the songbun system. In addition, it privileges
certain parts of the country, such as Pyongyang, over others. The State has also failed to
take into account the needs of the most vulnerable. The commission is particularly
concerned about ongoing chronic malnutrition in children and its long-term effects.
48.
The State was aware of the deteriorating food situation in the country well before the
first appeal for international aid in 1995. State-controlled production and distribution of
food had not been able to provide the population with adequate food since the end of the
1980s. The lack of transparency, accountability and democratic institutions, as well as
restrictions on freedom of expression, information and association, prevented the adoption
of optimal economic solutions over those in accordance with Party directives. The State has
evaded structural reforms to the economy and agriculture for fear of losing its control over
the population.
49.
During the period of famine, ideological indoctrination was used in order to
maintain the regime, at the cost of seriously aggravating hunger and starvation. The
concealment of information prevented the population from finding alternatives to the
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