A/HRC/34/66 Overseas workers 26. Most of the stakeholders whom the Special Rapporteur met during his visit to NorthEast Asia raised the issue of overseas workers. These workers reportedly constitute a significant source of foreign currency for the Government of the Democratic People’s Republic of Korea as a substantial portion (60-90 per cent) of their salaries is reportedly deducted by the State in the form of “loyalty funds” and operating costs of the North Korean companies deploying the workers. 39 At one point, at least 45 countries were reported as hosting workers from the Democratic People’s Republic of Korea. 40 While working abroad, workers reportedly remain under tight supervision of officials from the Democratic People’s Republic of Korea, without freedom of movement, expression and association. Workers are allegedly subjected to serious violations of international labour standards, including long working hours, delayed and below-minimum-wage payments and lack of safety measures. Despite these violations, the Special Rapporteur was informed that being sent abroad is perceived as a unique opportunity to earn foreign currency, and people reportedly continue to bribe officials to enrol in the overseas workers scheme. 41 The Special Rapporteur urges the Government of the Democratic People’s Republic of Korea to ensure that workers are allowed to receive adequate wages that are reasonable for the labour they provide, and that they are not subjected to violations of the rights to freedom of movement, expression and association. The Special Rapporteur also calls on Member States that host workers from the Democratic People’s Republic of Korea, as well as companies that employ them, to exercise due diligence and put in place specific measures to ensure that international labour and human right standards are upheld. 42 Persons who have left the Democratic People’s Republic of Korea 27. Talking to persons who have left the Democratic People’s Republic of Korea allowed the Special Rapporteur to understand some of the human rights violations that motivated their decision to leave. The Special Rapporteur also learned about the challenges that these individuals faced as they braved restrictions on the right to freedom of movement and made the journey out of the country. He was impressed that they were well aware of their rights and that, despite all the obstacles they faced, they looked forward to the future. Most of the women who spoke to the Special Rapporteur were victims of human trafficking. The commission of inquiry estimated that a large percentage of women and girls who cross the border from the Democratic People’s Republic of Korea to China unaccompanied become victims of trafficking in persons, mainly for purposes of exploitation in forced marriage. 43 The risk of forced repatriation to and detention in the Democratic People’s Republic of Korea during their journey remains high. The Special Rapporteur met with women escapees in the Republic of Korea who had to leave behind in China their children born to Chinese fathers. During the interviews with the Special Rapporteur, these women shared their hope to be reunited with their children. Despite the lack of accurate information concerning the number and location of these children, they remain particularly vulnerable because of their stateless status. In this respect, the Special Rapporteur recalls the conclusion of OHCHR in its report on the involuntary separation of Korean families, in which it stressed that “there are no formal tracing mechanisms that may 39 40 41 42 43 Ibid., pp. 477-480. Shin Chang-Hoon and Go Myong-Hyun, Beyond the UN COI Report on Human Rights in DPRK (Asan Institute for Policy Studies, Seoul, 2014), available from http://en.asaninst.org/contents/asanreport-beyond-the-coi-dprk-human-rights-report/. See also Korea Institute for National Unification, White Paper 2016, p. 472. Guiding Principles on Business and Human Rights, principle 12. See A/HRC/25/63 and “Report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea”. 11

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