A/HRC/10/18
page 11
facilities available. There are indications that practising religion gives rise to persecution.10 The
regime lauds people who give up their lives to save portraits of the country’s leader.10 Recent
reports indicate that security agents from the National Security Agency (bowibu) and the public
security agency (anjeobu) have stepped up their surveillance and infiltration at borders in order
to halt religious activities,16 even posing as pastors or setting up fake prayer meetings to entrap
new converts. Those who seek refuge in other countries and who contact missionaries are liable
to be punished severely if sent back.
D. Asylum and migration
34. Since its inception, the regime has followed a policy of strict control over the movement of
its citizens. Internally, travel permits are required if people wish to travel across the country. For
external travel, an exit visa is required.10
35. The situation however, is even more complex.17 For years there has been a constant flow of
people persecuted by the authorities fleeing the country clandestinely, without travel permits.
The food crisis of the mid-1990s and thereafter has led to increased migration of people in search
of food and other necessities across the border. There has thus been a persistent flow of people
into neighbouring countries at times in search of food, employment and livelihood, at times
escaping from persecution and oppression, at times for both reasons.
36. There has been much discussion internationally on whether these flows amount to forced
migration and the search for asylum, which would give rise to refugee status, coupled with the
application of the international law principle of non-refoulement, the right of the refugee not to
be pushed back to areas of danger. The Special Rapporteur has dealt extensively with this issue
in previous reports, bearing in mind that the international definition of “refugee” is a person who
leaves his or her country of origin owing to a well-founded fear of persecution.18 This fear factor
may arise before the person actually leaves the country, and or after the person leaves the
country, becoming in the latter case a refugee sur place.
37. The main United Nations agency with a mandate to deal with asylum-seekers, the
United Nations High Commissioner for Refugees, must be supported so that it can reach those
who seek asylum and provide assistance and protection to those falling into the category of
refugees. Bilateral links with and support from possible destination countries may also help to
loosen the strictures of first-asylum countries.
16
See also A Prison Without Bars, United States Commission on International Religious
Freedom, Washington, D.C., 2008.
17
North Korea New Approaches, Proceedings of the eighth International Conference on
North Korean Human Rights and Refugees, 22 January 2008, Chatham House, London, 2008.
18
See A/HRC/4/15, A/62/264, A/HRC/7/20 and A/63/322.
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