2016 International Symposium on North PROGRAM Korean Human Rights
∙ Date : 2016. 5. 19. (Thu) 09:40 ~ 18:00 ∙ Venue : Sapphire Ballroom (3F), Lotte Hotel, Seoul, Republic of Korea ∙ Co-hosted by : National Human Rights Commission of Korea, United Nations Office of the High Commissioner for Human Rights (UN OHCHR Seoul) ∙ Organizer : National Human Rights Commission of Korea ∙ Sponsor : Arirang TV
Time Schedule ~ 09:40 Registration Opening Moderator : Mr. Youngho Cho (Director of Human Rights Policy Division, NHRCK) • Performance by Mulmangcho Choir, composed of the North Korean women defectors • Opening remarks: 09:40~10:30 1) Mr. Sung-ho Lee (Chairperson of NHRCK) 2) Ms. Signe Poulsen (Representative, OHCHR Seoul) (50min) • Keynote Speech : Findings and recommendations on North Korean women’s rights - Mr. Marzuki Darusman (UN Special Rapporteur on human rights in North Korea) Session I. Key issues affecting North Korean women: the situation in the DPRK, the legal framework, and victim’s trauma and settlement in the ROK Moderator : Mr. Marzuki Darusman (UN Special Rapporteur on human rights in North Korea) | Panel discussion | 1) Status and reality of North Korean women in a level of social framework 10:30~12:30 and system (120min) - Mr. Dongho Han (Director, Center for NKHR Studies of KINU) 2) Actual cases revealing human rights of North Korean Women - Mr. Nam-geun Yoon (Chair, Special Committee on NKHR of NHRCK)
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Time Schedule 3) Living as a woman in North Korea - Dr. Aeran Lee (President, Center for Liberty & Reunification) 4) Human rights issues of North Korean women - Mr. Phil Robertson (Deputy director, Human Rights Watch’s Asia division) 5) Mental Health issues of Female Defectors from North Korea - Dr. Sohee Lee (Head of Department of Psychiatry, National Medical Center) 12:30~13:40 Luncheon Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK Moderator : Dr. Heisoo Shin (Member, UN CESCR) | Panel discussion | 1) UN mechanisms for protecting women’s rights - Ms. Younkyo Ahn (Human Rights Officer, OHCHR Seoul) 2) Application and actual cases of UPR process in North Korea - Ms. Michelle Kissenkoetter (Director of Asia desk, FIDH) 13:40~15:40 3) NGOs experiences in utilizing a nexus between States, NGOs and the United Nations to promote women’s rights in North Korea (120min) - Dr. Joanna Hosaniak (Deputy Director General, Citizen’s Alliance for North Korean Human Rights) 4) Convention on Refugee Status and Human Rights for North Korean Women - Mr. Buhm-suk Baek (Professor, International College of Kyunghee Univ.) 5) Convention against torture and human rights protection for female defectors - Mr. Jong-chul Kim (Director, Advocates for Public Interest Law) 15:40~16:00 Coffee break Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK Moderator : Dr. Kyung-seo Park (Chair Professor, Dongguk University) | Panel discussion | 16:00~18:00 1) International Legal Approaches to Improving Women’s Rights in North (120min) Korea - Prof. Patricia Goedde (Associate Professor, Sungkyunkwan University)
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Time Schedule 2) Role of media to promote human rights in the DPRK - Mr. Giampaolo Pioli (President, UN Correspondents Association) 3) Role of EU to promote human rights in the DPRK (focused on North Korean women) - Mr. John Sagar (First Secretary, Delegation of the EU to the Republic of Korea) 4) Role of South Korean women to promote women’s rights in the DPRK - Ms. Eun-Ju Kim (Director, Center for Korean Women & Politics) 5) Promoting human rights in the DPRK through solidarity between international NGOs - Ms. Eunkyoung Kwon (Secretary General of International Coalition to Stop Crimes against Humanity in North Korea) 18:00 Closing
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2016 International Symposium on North CONTENTS Korean Human Rights
Opening ∙ 1
> Opening remarks : 1) Mr. Sung-ho Lee (Chairperson of NHRCK) ··································································· 3 2) Ms. Signe Poulsen (Representative, OHCHR Seoul) ······················································· 7 > Keynote Speech : Findings and recommendations on North Korean women’s rights - Mr. Marzuki Darusman (UN Special Rapporteur on human rights in North Korea) ··········· 11
Session I. ∙ 13 Key issues affecting North Korean women: the situation in the DPRK, the legal framework, and victim’s trauma and settlement in the ROK
1) Status and reality of North Korean women in a level of social framework and system ················································································ 15 - Mr. Dongho Han (Director, Center for NKHR Studies of KINU) 2) Actual cases revealing human rights of North Korean Women ······················· 25 - Mr. Nam-geun Yoon (Chair, Special Committee on NKHR of NHRCK) 3) Living as a woman in North Korea······································································· 27 - Dr. Aeran Lee (President, Center for Liberty & Reunification) 4) Human rights issues of North Korean women····················································· 39 - Mr. Phil Robertson (Deputy director, Human Rights Watch’s Asia division) 5) Mental Health issues of Female Defectors from North Korea ··························· 41 - Dr. Sohee Lee (Head of Department of Psychiatry, National Medical Center)
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Session II. ∙ 45 UN human rights mechanisms for the protection of women’s rights in the DPRK
1) UN mechanisms for protecting women’s rights ···················································· 47 - Ms. Younkyo Ahn (Human Rights Officer, OHCHR Seoul) 2) Application and actual cases of UPR process in North Korea ························ 69 - Ms. Michelle Kissenkoetter (Director of Asia desk, FIDH) 3) NGOs experiences in utilizing a nexus between States, NGOs and the United Nations to promote women’s rights in North Korea ···· 71 - Dr. Joanna Hosaniak (Deputy Director General, Citizen’s Alliance for North Korean Human Rights) 4) Convention on Refugee Status and Human Rights for North Korean Women ···· 81 - Mr. Buhm-suk Baek (Professor, International College of Kyunghee Univ.) 5) Convention against torture and human rights protection for female defectors ································································································· 89 - Mr. Jong-chul Kim (Director, Advocates for Public Interest Law)
Session Ⅲ. ∙ 105 Role of the international community in the protection of women’s rights in the DPRK
1) International Legal Approaches to Improving Women’s Rights in North Korea·········································································································· 107 - Prof. Patricia Goedde (Associate Professor, Sungkyunkwan University) 2) Role of media to promote human rights in the DPRK ······································ 113 - Mr. Giampaolo Pioli (President, UN Correspondents Association) 3) Role of EU to promote human rights in the DPRK (focused on North Korean women) ········································································· 115 - Mr. John Sagar (First Secretary, Delegation of the EU to the Republic of Korea)
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4) Role of South Korean women to promote women’s rights in the DPRK ········ 117 - Ms. Eun-Ju Kim (Director, Center for Korean Women & Politics) 5) Promoting human rights in the DPRK through solidarity between international NGOs ····················································································· 143 - Ms. Eunkyoung Kwon (Secretary General of International Coalition to Stop Crimes against Humanity in North Korea)
Profiles of Participants ∙ 149
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2016 International Symposium on North Korean Human Rights
Moderator : Mr. Youngho Cho (Director of Human Rights Policy Division, NHRCK)
Opening
> Opening remarks : 1) Mr. Sung-ho Lee (Chairperson of NHRCK) 2) Ms. Signe Poulsen (Representative, OHCHR Seoul)
> Keynote Speech : Findings and recommendations on North Korean women’s rights - Mr. Marzuki Darusman (UN Special Rapporteur on human rights in North Korea)
Opening remarks
❙ Mr. Sung-ho Lee (Chairperson of NHRCK)
Good morning? I am Sungho Lee, the Chairperson of the National Human Rights Commission of the Republic of Korea.
First of all, I would like to extend my appreciation to Ms. Signe Poulsen, the Representative of OHCHR Seoul who jointly prepared for today’s symposium, and to foreign journalists who attended today despite your tight schedule for one week in Korea.
I am also very grateful to Mr. Marzuki Darusman, UN Special Rapporteur on human rights in North Korea who has made a significant contribution in the international arena to activities to improve human rights in North Korea for the last six years, based on his remarkable expertise and passion.
My sincere gratitude also goes to Korean and foreign experts who take part in today’s symposium as moderators and panelists, as well as everyone here.
Many UN resolutions and reports on human right conditions in North Korea, testimonies from residents who escaped from North Korea and media reports taught us about the seriousness of the problem of human rights in North Korea. Even without such inputs,
Opening _3 what is happening in North Korea these days such as succession of the absolute dictatorship to the third generation, nuclear development and missile launch tests despite concerns and resolutions from the international society and excessive restrictions, detention and deportation of foreign journalists invited clearly teaches us characteristics of the North Korean regime and the status of human rights of North Korean residents.
Since I became the Chairperson of the National Human Rights Commission of the Republic of Korea, I have met many domestic and foreign figures to discuss and communicate on mutual concern. It made me realize that not only those related to human rights in North Korea but also many others are commonly interested in the issue and sharing a common understanding of the urgency in improving human rights for the residents in North Korea.
As you know, the UN General Assembly and the UN Human Right Council have adopted the resolution on human rights in North Korea every year since 2003. In 2013, the Commission of Inquiry (COI) on the North Korean human right issue was established to conduct comprehensive investigations and provide recommendations at the UN level. Furthermore, UN Human Rights Office was installed in Seoul as a field organization that consistently monitors the human right situation in North Korea. Various institutions, organizations and activists at home and abroad are also engaged in activities to improve the human right in the isolated country.
I think when it comes to human right conditions in a certain country, there is no case like the North Korean human right issue where various entities in the international society raise questions consistently and repetitively and call for improvement.
In spite of such efforts, there has been no progress in the situation of human rights in the North Korean regime. However, this is not a reason for us to give up efforts for improvement but rather, this is a reason to continuously discuss effective and practical improvement plans and put them in place and also a reason why we gather together today.
4_ 2016 International Symposium on North Korean Human Rights For the Republic of Korea, the human right conditions in North Korea is not a problem of another country. Considering unique circumstances in the relations of two Koreas and the current situation in the Korean peninsula, the Republic of Korea needs to actively make efforts as the party in the inter-Korean relations and to carry out activities for cooperation and mutual assistance with the international society, both at the same time.
In Korea, government agencies and many organizations as well as the National Human Rights Commission are conducting various activities related to the North Korea human rights. We need to strengthen the synergy effect by specifying their areas of activities and roles according to their characteristics and roles and by working closely together.
The National Human Rights Commission of Korea was established as a national advocacy institution dedicated to the protection and the promotion of human rights for all and is also a quasi-international organization. We seek how to improve the North Korea human right situation through international human right standards and systems, together with relevant institutions and organizations.
Although North Korea ostensibly puts up the equality of all North Koreans based on the socialist system, its devastating human right condition is causing even severer pain to the vulnerable people including women even more.
Up to the end of this March, women accounted for 71% of a total of 29,000 North Korean defectors who entered the Republic of Korea. Statistics of 2015 alone shows that the percentage of women reaches 80%. Like this, the reason why women risk their lives to leave the North Korean regime will be closely related to the poor human right situation there.
Nevertheless, I do not believe that the path to the improvement of human rights for North Korean residents, especially for women, is completely closed. North Korea joined the Convention on the Elimination of All Forms of Discrimination against Women in 2001
Opening _5 and recently submitted an implementation report. As such, it is actively responding to the agenda of women’s human rights abroad in its own way. I believe such moves represent that regarding the agenda of human rights of North Korean women, the possibility for talks on human rights with the international society is still open.
Today’s symposium is being held under the theme of “Protecting and promoting women’s rights in North Korea with a focus on the UN human rights protection mechanisms,” which is in the same context with such situations and the direction of the Commission’s activities, and also, I firmly believe, will offer very helpful and productive discussions thanks to the diversity and expertise of our panelists.
Once again, I’d like to thank all the participants and everyone who worked together for today’s symposium. Please stay with the National Human Rights Commission’s activities to improve human rights in North Korea, and I am looking forward to further participation and cooperation with you.
Thank you.
May 19, 2016 Chairperson of the National Human Rights Commission Sung-ho Lee
6_ 2016 International Symposium on North Korean Human Rights Opening remarks
❙ Ms. Signe Poulsen (Representative, OHCHR Seoul)
Ladies and gentlemen,
1. I am delighted and honoured to welcome you to the 2016 International Symposium on North Korean Human Rights.
2. The topic of this year’s symposium is “protecting and promoting women’s rights in North Korea, with a focus on the United Nations protection mechanisms”. We are grateful for the collaboration with the National Human Rights Commission of Korea in organizing this symposium.
3. The United Nations has long recognized that “women’s rights are human rights”. When we talk about women’s rights, we are talking about rights that should belong to every human being, women and men, girls and boys. This includes things like having enough food to eat, being able to go to school, not being paid less for the work you do as a result of the fact that you are a woman, being able to give birth in conditions that are safe for yourself and your child, and if you are detained, the right to a lawyer and access to the outside world.
Opening _7 4. These rights are enshrined in the United Nations Charter, the United Nations Convention on the Elimination of Violence Against Women, and in a range of other treaties and standards. One hundred and eighty nine countries have ratified this Convention on the Elimination of Violence Against Women, making it one of the most widely ratified legally binding human rights instruments.
5. Yet, while conditions vary, not a single country can say that they have lived up to the promises made in that instrument. In some countries, laws and policies prevent women from equal access to land and property; elsewhere economic and social discrimination renders them vulnerable to trafficking. Gender based violence is said to affect at least 30 percent of women globally. Women’s voices are often set aside in peace and security processes, and the particular risks they face in conflict situations have in the past been ignored. Moreover, some women face double or triple discrimination, due to factors such as their age, ethnicity, social status or disability.
6. When the sustainable development goals were formulated last year, recognizing the need for further progress, the nations of the world set as goal five, “to achieve gender equality and empower all women and girls”. This recognized that women’s participation and empowerment is critical to sustainable development and peace.
7. United Nations mechanisms can have a concrete impact in promoting and protecting rights through engagement with the international community. Last month, the Democratic People’s Republic of Korea took a positive step when it submitted periodic reports to the United Nations Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child last month. In late 2015, the Democratic People’s Republic of Korea notified the United Nations of its intention to withdraw two reservations to CEDAW, that related to policy measures to eliminate discrimination, and equal rights of women
8_ 2016 International Symposium on North Korean Human Rights and men with regard to the nationality of their children. In 2014, the Democratic People’s Republic of Korea likewise accepted numerous Universal Periodic Review (UPR) recommendations on the protection and promotion of women’s rights
8. Such policy measures, however, mean nothing without fair and consistent implementation. They mean nothing in a context where rule of law and protection from violence is based on status and perceived loyalty rather than equality before the law. They mean little, if they do not reach the most vulnerable women, be they women living in remote rural areas, women living in poverty, women in detention, or women with disabilities.
Ladies and gentlemen,
9. Elanor Roosevelt, one of the major contributors to the drafting of the United Nations Universal Declaration on Human Rights once stated that, “a woman is like a tea bag. You can’t tell how strong she is until you put her in hot water”.
10. Over the past year, our office, the Office of the High Commissioner for Human Rights in Seoul, has interviewed scores of women who have left the Democratic People’s Republic of Korea. We have heard from women who have gone to extremes to feed their families, and who have survived sexual abuse and trafficking. We have heard from women who have suffered unimaginable conditions in detention, and those who have survived discrimination and domestic violence. Their experiences as well as their hopes and dreams are, as one might imagine, diverse. And I strongly feel that we have a particular responsibility to make sure that their diverse narratives are heard.
11. It is equally important that we do not view women and girls only as victims, but rather as agents of change, who, when given the opportunity to do so, are able
Opening _9 to make decisions about their own lives and future.
12. Today’s sessions cover a broad range of areas, and we will have a chance to consider many topics in greater detail. I wish you all the best with the discussions and look forward to our interactions today.
Thank you
10_ 2016 International Symposium on North Korean Human Rights Keynote Speech: Findings and recommendations on North Korean women’s rights
❙ Mr. Marzuki Darusman (UN Special Rapporteur on human rights in North Korea)
Opening _11
2016 International Symposium on North Korean Human Rights
Moderator : Mr. Marzuki Darusman (UN Special Rapporteur on human rights in North Korea)
Session I. Key issues affecting North Korean women: the situation in the DPRK, the legal framework, and victim’s trauma and settlement in the ROK
1) Status and reality of North Korean women in a level of social framework and system - Mr. Dongho Han (Director, Center for NKHR Studies of KINU) 2) Actual cases revealing human rights of North Korean Women - Mr. Nam-geun Yoon (Chair, Special Committee on NKHR of NHRCK) 3) Living as a woman in North Korea - Dr. Aeran Lee (President, Center for Liberty & Reunification) 4) Human rights issues of North Korean women - Mr. Phil Robertson (Deputy director, Human Rights Watch’s Asia division) 5) Mental Health issues of Female Defectors from North Korea - Dr. Sohee Lee (Head of Department of Psychiatry, National Medical Center)
Status and reality of North Korean women in a level of social framework and system - Focusing on the result of survey based on in-depth interview with North Korean defectors -
❙ Mr. Dongho Han (Director, Center for NKHR Studies of KINU)
Ⅰ. Introduction
The international community has paid continuous attention to human rights in North Korea, especially to human rights condition of North Korean women. The studies on the human rights of North Korean women may include the reality and status of women in North Korea, but they also include the studies on the life of North Korean women who left North Korea to live in China or third countries. There can be various methods to deal with human rights of North Korean women and the most common methodology is to listen to current status of North Korea by conducting in-depth interview with North Korean defectors. This paper intends to look at the human rights condition of North Korean women focusing on social structure and institutions in North Korea.
This paper especially focuses on, among many aspects of human rights of North Korean women, 1) gender equity in North Korea, 2) women’s participation in society and 3) women’s life at home.1) First, this study looks at the protection of human rights for North Korean women from the perspective of social structure and legal institution
1) This paper is based on contents related to human rights condition of North Korean women in “2016 White Paper on North Korean Human Rights” which was published in Apr. 2016 by the Korea Institute for National Unification.
Session I. Key issues affecting North Korean women _15 of North Korea first and tries to analyze the results of in-depth interview with North Korean defectors for the purpose of comparing reality and propaganda.
Chapter 2 analyzes the human rights condition of North Korean women focusing on rights to gender equality and women’s participation in society. Chapter 3 looks at the North Korean condition from the perspective of women’s right at home and Chapter 4 summarizes the general condition of women’s human rights in the North Korean society as a conclusion.
Ⅱ. Human Rights Condition of North Korean Women: Focusing on Rights to Gender Equality and Women’s Participation in Society
In fact, North Korea has denied various kinds of allegations on human rights issues by the international community saying that “there is no human rights issue in our state” but has partially participated in major human rights treaties of the international community. The Article 3 of the International Covenant on Civil and Political Rights (ICCPR) to which North Korea is a party states that “The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant”. Article 3 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to which North Korea is a party states that “States shall take all appropriate measures to ensure the full development and advancement of women so as to guarantee them the enjoyment of human rights and fundamental freedoms on a basis of equality with men. This is in all fields but in particular the political, social, economic and cultural fields. Article 77 of the socialist Constitution of North Korea
16_ 2016 International Symposium on North Korean Human Rights stated that ”Women has the equal social status and rights as men. State provides special protection for mothers and children through ensuring leaves before and after childbirth, reduction of working hours for mothers of many children and expansion of daycare and kindergarten. State shall establish all conditions for women to participate in society“. As such, the major articles of international treaty on human rights to which North Korea is a party and North Korean acts include the gender equality and social participation of women. However, the implementation of these articles by the North is an another problem requiring thorough observation.
1. Human rights of North Korean women focusing on the right to gender equality
Since its foundation, North Korea has claimed the socialist system emphasizing the equal rights to both men and women. The act on the right to gender equality was established on July 30, 1946 before the establishment of the Democratic People’s Republic of Korea and after the establishment of the North Korean regime, women’s right has been specified in various acts including socialist constitution. In the similar context, North Korea adopted the Act on Ensuring Women’s Rights on Dec.22, 2010. Article 2 of the act specified the principles of gender equality. In the meantime, North Korea jointed the Convention on the Elimination of All Forms of Discrimination Against Women in Feb. 2001. In Sept. 2002, it submitted the report on the implementation of eliminating discrimination against women. In the first report on the implementation of eliminating discrimination against women, North Korea reported that “discrimination against women has been abolished throughout the long history and gender equality is incorporated into policies and legislation as a concept to put women before men beyond the concept of simple equality”. The second report
Session I. Key issues affecting North Korean women _17 was supposed to be submitted by Mar. 27, 2006 but the time for submission was delayed continuously and North Korea submitted the integrated report for the 2nd, 3rd and 4th reports to the Committee on the Elimination of Discrimination against Women in Apr. 2016.2) In addition, North Korea deferred the implementation of two articles in the CEDAW in 2001 when it joined the Convention on the Elimination of All Forms of Discrimination Against Women. The articles are Article 2(f) that mentions ”to take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women“ and Article 9(B) that says ”States Parties shall grant women equal rights with men with respect to the nationality of their children. “ and another article but it withdrew the deferral for the above-mentioned articles on Nov. 23, 2015. The integrated report, which was submitted by the UN recently by North Korea, showed the explanation on the addition of articles that respect and protect human rights with the revision of socialist constitution on Apr. 9, 2009. In addition, North Korea stressed that the act on gender equality in North Korea fully reflects the contents of the CEDAW to which North Korea joined indicating that Act on Ensuring Women’s Rights was adopted on Dec. 22, 2010 to improve the right to gender equality and remove discrimination against women. In the integrated report, the role of the Women’s League of Chosun Democracy is emphasized to remove discrimination against women and promote human rights of women. Even though North Korea has maintained the certain level of human rights of women, in particular, gender equality, from the legal perspective, the reality demonstrated by North Korean defectors is different from what North Korea claims. Specifically speaking, 75.4% of North Koreans who responded to the interview survey by the Korea Institute for National Unification from 2011 to 2015 said that the status of
2) U.N. Doc., "Consideration of reports submitted by States parties under article 18 of the Convention," Combined second, third and fourth periodic reports of States parties due in 2014, Democratic People's Republic of Korea (15 April 2016).
18_ 2016 International Symposium on North Korean Human Rights North Korean Women was still “unfair” (16.9% said very unfair). In the survey conducted on North Korean defectors who came to South Korea in 2015, 54.5% of respondents said that the status of North Korean women is unequal to that of men in North Korea. The survey results show that there remains gender inequality in North Korea even though there have been some legal efforts to promote women’s rights and gender equality and residents still feel the gender inequality in terms of perception. Most of the respondents to the in-depth interview with North Korean defectors regarding gender equality said that there are still gender inequality and discrimination against women in North Korea.3)
2. Human Rights of North Korean Women Focusing on Women’s Participation in Society
In its initial report on the implementation of eliminating discrimination against women submitted in Sept. 2002, North Korea reported that “the ratio of female in management position in public sector increased to improve the social status of women saying that 10% of judges are women and 15% of employees at the Ministry of Foreign Affairs are women”. However, the Committee on the Elimination of Discrimination against Women which reviewed the report at that time expressed its concern that the number of women who were in the position of decision making was very low. In the integrated report submitted by North Korea in April this year, North Korea reported that the ratio of female workers in government agencies was more than 20% on average recording the 5 to 6 % increase rate for the past few years. However, unlike the information presented in the report, it seems that women’s activity in politics, economy and society is not that active. For example at the 3rd Conference of the Korean Workers' Party in September 29, 2010 when Kim Jung-eun
3) Results of in-depth interview with female North Korean defectors on the condition of gender equality and human rights condition of North Korean women (June to August , 2015)
Session I. Key issues affecting North Korean women _19 appeared as an official successor, the number of regular female member elected was 4% (5 out of 124) and female candidate was 3% (3 out of 100). In the recent integrated report, North Korea reported that since 2014, the ratio of female representatives in the Supreme People’s Assembly has been more than 20%. However, the representative position in the Supreme People’s Assembly is a symbolic without the function to supervise and criticize national agenda. Instead, the number of women selected for ministerial position which has political and administrative responsibilities and authorities is very few and the ratio of women in the Party Central Committee which exerts actual power is very low. It is indicated that major positions that lead the politics, economy, society and culture in North Korea are dominated by men.
Ⅲ. Human Rights Condition of North Korean Women: Home and Human Rights of North Korean Women
The North Korean society has experienced many changes including the emergency of merchant generation and inflow of overseas idea. Amid these changes how is the human rights condition of the North Korean women at home? In short, it is not an exaggeration to say that despite many changes in the North Korean society, the perception on the role of women at home and domestic violence is under the influence of traditional patriarchal system. From now on, human rights of North Korean women are shown in terms of changes in the role of women at home and current state of domestic violence.
1. Role of women at home and human rights of women in North Korea
In the initial stage of state foundation, North Korea claimed that gender equality was the important tasks to be handled in the stage of anti-feudalism democratic revolution
20_ 2016 International Symposium on North Korean Human Rights based on the socialist system. However, the culture of “head of family” was established based on the traditional patriarchal system. This is in line with the single system of Kim Il-sung and establishment of system passing on power from father to son in the 1970s. It can be said that the traditional patriarchal order was solidified due to the Family Act, which was established and declared in 1990. The act legalized the patriarchal order in broader sense to include the wide scope of forbidden marriage, principle of following father’s surname and family support in broader sense. The patriarchal culture is found in in-depth interview with North Korean defectors who came to South Korea. 93.9% of North Korean defectors who responded to interview survey by the Korea Institute for National Unification from 2011 to 2015 said that women took the responsibility for house chores and 78.9% of respondents said that women (wives) were responsible for house chores even though they earn money. The 2015 survey results showed that 93.5% of respondents said that women were responsible for house chores and 83.3% said that women (wives) were responsible for house chores even though they earn money. Of course, all households in North Korea are following this trend. In some cases, some people said that husbands began to hel wives for house chores even though it is exceptional and it is reported that husbands are becoming more active in participating house chores not from the perspective of institution and social structure but from the perspective of individual area.4) However, separate from these exceptions, it seems that the role of women at home is fixed at the social structure level. Despite many changes as North Korea is experiencing market economy, it seems that there are not significant changes in the perception and reality of house chores for North Korean women. The biggest reason for this is that North Korean society is actually under the influence of male oriented
4) Results of in-depth interview with female North Korean defectors on the condition of gender equality and human rights condition of North Korean women (June to August , 2015)
Session I. Key issues affecting North Korean women _21 patriarchal system. According to the in-depth interview survey by the Korea Institute for National Unification in 2015, 75% of respondents said that husband was the person with actual power and 16.6% said the person without actual power but just name. However at the same time, 45.8% of respondents said that there has been some changes in the status and thinking about women after the economic activity of women. It shows the influence of market economy and liberalization in the North Korean society but still it is shown that status of husband and father is regarded as more important than that of wife and mother. It is true that the economic activities of women selling goods at the market influences the women’s status and thinking about women but it seems that there is no fundamental changes in deep-rooted patriarchal culture.
2. Social perception of domestic violence and human rights of women in North Korea
In July, 2005, Committee on the Elimination of Discrimination against Women concerned that “North Korea does not recognize the existence of domestic violence and does not have the measures to prevent violence against women and protect victims” and requested North Korea to conduct investigation on the incidence rate of violence against women including domestic violence and causes of the violence and include the results of investigation in the next-time regular report. In addition, the committee recommended North Korea adopt specific act regarding domestic violence and make violence against women and girls a crime and ensure that victims of violence can pursue rescue and protective measures and assailant is prosecuted and punished. 81.2% of North Korean defectors who responded to interview survey by the Korea Institute for National Unification from 2011 to 2015 said that domestic violence is common in North Korean households (27.4% said that it is very common). The domestic violence cases in North Korea are continued to be reported and North
22_ 2016 International Symposium on North Korean Human Rights Korean defectors demonstrated that domestic violence in North Korea is common and easily found. In particular, it is reported that husbands who drink or are under the influence of drug are highly likely to beat their wives. In addition, domestic violence is common in a household where a wife cannot sell goods well and the reported reason for this is “not performing the job of bread winning (feeding family by selling goods).5) Article 46 of the Act on Ensuring Women’s Rights in North Korea stated that “all forms of violence against women should not be conducted at home” indicating the ban on domestic violence. The act requires the Local People’s Assembly, institution, company and group to provide education on the prevention of domestic violence to prevent the domestic violence. However, in reality, state does not intervene in violence at home and regard the domestic violence as family issues. As demonstrated by most North Korean defectors, domestic violence is common in North Korea and in reality taking actions on domestic violence prevention or reporting of domestic violence by neighbors are very rare. It can be said that the concept of domestic violence may not be familiar in North Korea. One of the reasons for continuing domestic violence in North Korea is the lack of social perception. In most domestic violence cases, the women, the victims, and men, the assailants of domestic violence, do not realize the significance of domestic violence. Instead, domestic violence is considered natural in some cases where North Korean men are accustomed to patriarchal culture. Therefore, social perception on the significance of domestic violence should be improved to solve the problem.
5) Interviewed with North Korean defector 000 on May 31.
Session I. Key issues affecting North Korean women _23 Ⅳ. Conclusion
Since its foundation, North Korea has claimed to stand for the socialist system, enacted acts related to gender equality and joined the CEDAW. In North Korean society which has experienced economic difficulties, women have become more active and showed stronger willingness to life than men. However at the same time, there remain many obstacles for North Korean women to overcome including male-oriented political system, political culture and social discrimination. The lives of North Korean women at home have changed significantly. The key players at the black market which is popular in North Korea are mostly women and the one who needs to do house chores and child care is also woman. The patriarchal Confucian philosophy which are deeply rooted in North Korean society is the biggest obstacle to improving status and rights of women. The most essential part is that North Korea needs to promote fundamental changes in recognition and policy based on the clear understanding of changing condition faced by women in society and at home. North Korea needs to respond to concerns over human rights condition of North Korean women by the international community in a more specific and active manner.
24_ 2016 International Symposium on North Korean Human Rights Actual cases revealing human rights of North Korean Women
❙ Mr. Nam-geun Yoon (Chair, Special Committee on NKHR of NHRCK)
Session I. Key issues affecting North Korean women _25
Living as a woman in North Korea
❙ Dr. Aeran Lee (President, Center for Liberty & Reunification)
1. Women as a political tool for the North Korean regime
Life of a woman in North Korea has been handled politically right after the independence and Kim Il-sung too measures to abolish feudal family system and marital relationship including concubinage, forced marriage and purchasing marriage on the assumption that equal rights are given to North Korean women as men by liberating women from the fetters of feudal system through anti-feudalist democratic revolution, give the right to vote to women as men and give land on the equal terms as men through land reform.
Kim Il-sung made women a political organization by establishing the North Korean Democratic Women’s Association (changed the name into Korean Democratic Women’s Association) in Nov. 18, 1945 and declared the “Labor Act on North Korean Workers and Clerical Workers” in June, 1946 to specify the 8-hour working system, social insurance, same wage for the same job, paid leave, improvement of work safety and hygienic condition, 77 days of maternal leave before and after childbirth, and 1 hour baby feeding time and other maternity protection articles to ensure the economic activity of women.
Session I. Key issues affecting North Korean women _27 Even within 1 year after independence of Korea, in July 1946, “Act on Equal Rights for both sexes in North Korea was announced with big cause of solving problems with women’s social and political status, which seems to strengthen political status of women, these measures, in fact, taken by North Korea contributed to securing legitimacy of the establishment of North Korean Regime significantly but social, political and patriarchal status of women was not changed at all.
Kim Il-sung took various measures to mobilize female workforce by specifying policies on women and encouraging women’s participation in society from the perspective of securing labor to pursue socialism and establish a socialist economy. Under this background, North Korea improved socialist constitution, acts related to child raising and systems including maternity leave before and after childbirth. At the same time, North Korea held “National Mothers’ Congress” several times and encouraged the establishment and operation of daycare and kindergarten to promote the women’s participation in society. In addition, North Korea selected women as a representative of the Supreme People’s Assembly and Local People’s Assembly and identified women leaders. However, the economic activities of women were heavily concentrated on light industry including food processing, spinning and clothing, service industry including restaurant and store, education, culture and healthcare.
The burden of house chore increased with the expansion of women’s activity in society and economy. To solve this problem, the service facilities including meal plant were expanded and the production of processed foods was encouraged but the efforts failed making women face increased burden.
28_ 2016 International Symposium on North Korean Human Rights 2. Predominance of men over women and patriarchal image of women “ultra-super women”
North Korea defined the status of women as “the driving force behind revolution who push cartwheels on one side for revolution” and argued that it ensures the same rights to women as men in terms of social, political and economic life. But at the same time, North Korea strengthened the education on women’s role through “National Mothers’ Congress”, and “Mothers’Classroom”. North Korea expected women to play their social and political roles as a driving force for revolution but at the same time forced patriarchal and traditional image of women like taking care of household, educating children and supporting men. As an exemplary model of mother, Kang Pan-sok, mother of Kim Il-sung was presented and she was respected and idolized as a mother of North Korea. Kim Il-sung took many opportunities to directly mention maternal affection, sacrifice, dedicated support for family and strong endurance of his mother and emphasized the role of women as dedicated supporter for men and undertaker of house chores. Following Kim Il-sung, Kim Jung-il emphasized both the image of a comrade for revolution and fighter and the image of wife. He presented the his mother as a desirable image of women after Kang Ban-sok. To take a step further than his father, Kim Jung-il made Dec. 24, birthday of his mother, as the date of national event and hold the singing group gathering and learning competition for loyalty at all organization and company level to encourage women to be a ultra-super women sacrificing themselves for their husband and children under the traditional patriarchal system and completing any jobs including house chore, economic activities and political activities.
As North Korea is an one-party despotic state which does not allow any private political activities all matters are determined by the party’s unilateral judgement and
Session I. Key issues affecting North Korean women _29 decision. Therefore, selecting women as a representative of the Supreme People’s Assembly and Local People’s Assembly as well as state-run organization an companies is determined only by the party and head of the state. Accordingly, the most important principle of hiring women in a high position is one’s background and power of their husband or family. As a result, the areas including distribution of food and necessities, medical care and service are taken by wives of high-ranking officials making an important circle for a cozy relations between politics and business serving as an important means to make life of high-ranking officials abundant under insufficient economic system based on rationing system.
In the 1980s, North Korea took measures to make wives of high-ranking officials leave from the commercial and service area but after a short time, they took their existing position again enriching their lives through illegal accumulation of wealth. These circumstances made North Korean women begin to think that marriage with men from good background and with high potential is better than graduating from 10 universities. This perception facilitated early marriage and created the “respecting men” syndrome. In particular, North Korea had a significant discrimination between women who work and women who do not work under the rationing system. Working women receive food as men do, but women who do not work receive 300 g of food a day, which is the same amount distributed to a 3-year-old baby. In addition, all women who do not work can receive necessities through their husband, making women more dependent on men.
In North Korea, head of a household is determined and the head of a household should go to work without any option. If a women’s husband is dead or the women is divorced or if a husband is in prison due to crimes including political crime, the woman need to go to work regardless of her condition. In this case, the woman is forced to go to the company where her husband worked or heavy labor sectors
30_ 2016 International Symposium on North Korean Human Rights including coal mine, mine, forest and construction site. As such it can be said that the fate of a woman is changed depending on the status of a husband making the life of independent woman impossible.
In case of single women who work for heavy labor sectors including coal mine, mine, agricultural field, forest and construction site in North Korea usually marry in early age as they have no way to escape except for marriage. These women are highly likely to live as a stay-at-home mom. As these women have no special skills and receive only 300g of food a day, they are sometime abused by their husband or family even though they take significant burden of house chore.
In North Korea, women need to marry and give birth to a child. Therefore, maternal protection system including adoption of paid leave before and after childbirth and operation of daycare and kindergarten have been managed but if women marry and take the responsibility of childbearing, childbirth and child care, they face problems in their social life. Therefore, except for production part that face short labor supply is, it is required for women to quit working as soon as a women marries in most occupations and the married women can hardly get a job.
When North Korea was operated under the normal socialist system, being a member is a prerequisite to hold a management position. Therefore, men who serve military for 10 years can easily joint the party during their military service period and they have more advantage then women as one of the important factors to be a high-ranking official is military service. In addition, men are more likely to be promoted to high-ranking position than women as women need to take the responsibility of childbirth and raising. In particular, unlike South Korea, the work of child care and house chore cannot be taken care of by others. In addition, house chore, childbirth and child raising conditions are very hard making women face significant disadvantages
Session I. Key issues affecting North Korean women _31 in being promoted to management position compared to men.
Kim Il-sung presented the tasks including food processing industry and production of electronic goods to make women liberate from heavy burden of house chore by announcing the 6-year plan for the people’s economy in the 1970s. However, North Korea cannot produce electronic products by itself up until now and Cuckoo rice cooker, which is brought into North Korea via Chinese merchants is very popular, but it is not easy to use the rice cooker due to disruption of electricity supply.
Joining the Workers’ Party of Korea is an important condition to be a high-ranking official and get a decent job. Therefore, women volunteer to go to military or apply for shock troops where hard labor is required. While working for those areas the protection of women is not imaginable even though sex offers as a bribe, sexual violence and sexual molestation occur frequently.
Even though female politicians and scholars in South Korea think being a representative of the Supreme People’s Assembly and Local People’s Assembly as important, the position is just an honorary position with no practical role played by the representatives. The position that can be utilized as a power is administrative executives in institutions, plant and company or high-ranking official of the party. In this respect, the number of female manager is significantly lower than that of men and female workforce is dominant in rural area and the field. In the house, women take way more work and roles. In particular, in North Korea, men should serve the military for more than 10 years making the ratio of unmarried women in heavy labor sectors including construction site, coal mine, mine, forest and agriculture dominant and it is common for men to take the high-ranking or managerial position.
32_ 2016 International Symposium on North Korean Human Rights Scholars and experts on North Korea in South Korea do not know the reality depending only on data advertised by North. As a result, it is true that in many cases, the number of female representatives in the Supreme People’s Assembly and Local People’s Assembly was the basis to discuss the improvement of women’s status in North Korea. However, the representatives of the Supreme People’s Assembly and Local People’s Assembly are selected by designation in the form of election so the representatives have not practical role but just honor. Actually, representatives take the position without quitting their basic job. Therefore, their contribution to politics, economy, society and culture in North Korea cannot be expected at all.
3. Increase in economic burden of North Korean women due to the collapse of rationing system
Under the rationing system, working women received 700g of food a day, which is the same amount that men received and if the women contributed to household economy and held high position in a society, they could raise their voices in front of men. However, stay-at-home moms, whose ratio is significantly higher than that of working women, received just 300g of food per day and could live depending on husband’s job and capability. Therefore, the house chore handled by women was not recognized and instead, their labor was exploited for free as they are forced to participate in various kinds of social labor including road construction, house building and working in rural area.
After the state suspended rationing and husband could not earn money even though they were working for a company, women began to take the full responsibility as a breadwinner and women could not help but starting various kind of commercial activities to feed their family. In particular, working women could not receive any
Session I. Key issues affecting North Korean women _33 rationing and wage at all and were regarded as a fool to the extent that there was a rumor “the most foolish women is those who are working for the company, the second most foolish women are those who raise pigs and the third most foolish women are those who sell goods”Stay-at-home moms purchased pigs or dogs, raised them and resell to prepare food or buy beans to make tofu or they purchase ingredients to make food for sale in the market.
Women who has enough seed money and strong background started various sales activities with high-ranking officials on their back. In particular, some people obtained river crossing certificate by giving bribe, purchased Chinese products in bulk and sold the products in the North Korean market gaining significant profits at border areas. There were people received passage certificate with bribe utilizing the situation that passage certificate was hard to get in border area and made money by distributing Chinese products in many areas including Cheongjin, Hanheung and Pyeongyang. The most necessary thing for business is time which made stay-at-home moms be on the advantageous position than working women and the division of roles of men and women began to change with the emergence of women who became rich suddenly by obtaining significant profit from selling goods.
In particular, in North Korea, men should go to work even though there was no rationing and wage due to strict crackdown. If men are absent from work, they need to take leave and contribute money for the absent work to the company making stay-at-home moms take more advantageous position than working people. As the rationing was suspended and lives depended on selling goods, the stage for women’s activities was widened and husband had to take care of house or house chore instead of women. In some cases, family trouble occurred as husbands drank with the money earned by women and fiddled around. The family destruction issue was very severe as women stayed out of the house for a long time for selling goods or crossed river to
34_ 2016 International Symposium on North Korean Human Rights go to China or visited China by presenting river crossing certificate.
In the patriarchal society in North Korea, the status of husband reduced from heaven to the earth and was belittled to the extent that husbands were called “inconvenience” or “light in daytime” or “locker”. Accordingly the divorce rate increased sharply and there was a phenomenon of avoiding marriage. There was a joke that “the most foolish people are those who lend money to others, the second most foolish people are those who return the money borrowed from others and the third most foolish are women who marry under this economic hardship”.
It seems that the voices of women became bigger and women became confident in front of men when the burden of winning bread is passed to women with the collapse of the rationing system than under the rationing system under which women were praised as a driving force for revolution in charge of cartwheels on one side but utilized as a means for propaganda.
In fact, North Korea had a strong legal control over divorce. Up until March 1956, divorce by agreement was possible. However, the divorce by agreement was abolished with “Parliamentary Decision No.24” due to high number of divorce cases and only divorce by court order was allowed. In addition, Family Act of North Korea specified that “divorce can be done only by court judgement under Article 20.2”. In particular, divorce or separation was hard due to limitation to free movement and food rationing under the rationing system, but with the collapse of the rationing system and life depending on selling goods, made it possible for people to divorce easily by providing bribe to a judge. It is heard that the divorce rate is increasing rapidly with increased number of couples living separately as house can be purchased and there is few limitation to free movement without going through divorce process.
Session I. Key issues affecting North Korean women _35 According to RFA, divorce judgement is easily made by giving 100 dollars to the responsible judge so the number of divorced couples is increasing sharply recently. It is said that if the divorce is pursued by agreement, divorce is possible only with 30 to 40 dollars of bribe. Judge in a court usually takes the side of those who give much bribe.
Chosun Daily News reported the current landscape of divorce in North Korea by referring to news from Pyeonganbuk-do “the number if divorced people is increasing day by day to the extent that people say when I returned from market to buy tofu after my daughter’s marriage, I found that the daughter came back after divorce”. “It indicates that one of the reason for increased divorce is women began to have their own opinion with good sales record compared to the era under the rationing system”.
4. Increase in the number of female North Korean defectors shows the human rights condition of North Korean women
The economic activities of women have become more active with the collapse of rationing system and vitalization of underground market economy and the individual economic activities of women requires massive movement which was not imaginable under the rationing system. In a very narrow market in North Korea, the method of selling mine and buying yours became a stumbling block of business activities and the number of merchants increased making the market very face competition. Under this circumstance, it is not hard to make money in North Korea. Women dealing with significant amount of money need to establish relationship with China. In the process, many women left North Korea to China. As a result, many North Korean women left North Korea to the extent that about 80% of 30,000 North Korean defectors in Korea are women.
36_ 2016 International Symposium on North Korean Human Rights The number of North Koreans who left North Korea to go to South Korea was a mere 4 to 5 up until the mid 1990s and among them there were few women. However, the number of North Koreans who left North Korea increased significantly with the collapse of North Korea’s rationing system and active merchant activities of women to more than 1 person a year since 2000. Among them more than 70% are women and currently, more than 80% of North Korean defectors coming into South Korea are women.
Female North Korean defectors who left North Korea to make their children survive or their parents, siblings and family survive, face many difficulties with going through China, entering South Korea and settling. However, they work as a part timer hard and collect many via various methods to rescue their family or send money to family members in North Korea. As a result, the families of North Korean defectors who were used to be the people to be avoided, became the envy of many people in North Korea and even some people want to marry or have a good relationship with the house where there are North Korean defectors.
After the collapse of the rationing system in North Korea, North Korean women had to start selling goods, half forcefully, due to responsibilities and burden of winning bread for their family. In the end, they go to China to purchase food and earn money or become a target of human trafficking and some women are forced to go to North Korea or face public execution. I'd like to mention that living in North Korea as a woman is the darkest and the most painful thing on earth.
Session I. Key issues affecting North Korean women _37
Human rights issues of North Korean women
❙ Mr. Phil Robertson (Deputy director, Human Rights Watch’s Asia division)
Session I. Key issues affecting North Korean women _39
Mental Health issues of Female Defectors from North Korea
❙ Dr. Sohee Lee (Head of Department of Psychiatry, National Medical Center)
North Korea classifies severe psychosis, such as①schizophrenia, as No. 49, not as a disease that needs to be treated, and isolates those with such a disease from ordinary people by locking them up at institutions. Other mental illnesses, such as ②depression, are called "cardiac neurosis", which is treated at the internal medicine department, not at the psychiatric department, resulting in scarce data that reveal the current status of metal health problems in North Korea, as the country shows a significant difference with the diagnosis and treatment system in South Korea. In addition, an individual's ③suicide cannot be reported as it is because it is considered as some form of treason, leading to inaccurate data on the suicide rate. From the interviews with North Korean defectors, it is assumed that human rights of women and care for their mental health are in dire straits as North Korean society upholds male-centric values. For instance, ①domestic violence is deemed not as a crime, but as an issue that should be resolved within a family, leading to a situation where society does not intervene unless a wife is beaten to death. Furthermore, ②in case a married couple does not reach a consensus on divorce, its decision is made not based on just ruling of the court but solely on the husband's opinion. Even though a woman married to an alcoholic or a bad-tempered man is more likely to be exposed to severe violence, she has no choice but to live while being hit, to be beaten to death, or to run away. Despite such a plight, they have no room for caring
Session I. Key issues affecting North Korean women _41 for their mental health, not only because they are busy meeting their ends meet, but because the collapse of the free medical services system has created a situation where people focus more on their survival without sufficient medical treatment for a disease. Especially, some female defectors say that they have had a mental health problem since their life in North Korea, but most of them report their symptoms to be manifested or worsened after the defection ③because of the overwhelming experiences and pain that they underwent in the process. Most of the female defectors are sold through a broker when they defect from North Korea, except for those who directly go to South Korea or to China with the help of their relatives. Many late teens fall victim to human trafficking against their will because they are deceived by the words that they could "earn a lot of money once they go to China." They are usually sold to a family of the Han ethnic group or the Korean-Chinese to give birth, do chores, help with farming works, or work at a factory, but particularly their difficulties coming from their illegal status are a major issue. They live in fear for being caught by the police, frequently get injured while running away, and sometimes, almost die from beating, torture, or a disease after being repatriated to North Korea. They have no place to turn to even when they are victimized by a crime, unfairly treated, beaten, or abused, since they are not legally protected, and some are sexually assaulted or abused with the use of drug. The aftereffects of appalling experiences that female defectors undergo, witnessed in a psychiatric treatment session, are as follows: ①a nightmare every night, ②a tendency to get easily startled, ③distrust of other people, ④avoidance of personal relationships, ⑤difficulties in controlling anger, ⑥desire to kill a person who puts them in jeopardy, ⑦agony of not remembering an event or of remembering it too well, ⑧misuse of substances for chronic pain, such as painkillers, or ⑨suicide attempts. Such posttraumatic stress symptoms, triggered by single or complex traumatic factors, require psychiatric treatment, but some may become chronic with a negative effect on the quality of life or daily and work life. If untreated and
42_ 2016 International Symposium on North Korean Human Rights unchecked for a long period, they may lead to even worse prognosis. The current status of North Korean defectors, identified by the Ministry of Unification,1) shows that women take up 71% of the total number of defectors (as of late March, 2016), and accordingly the treatment records of the National Medical Center2) indicate that women account for 77.7% of the total outpatient treatments and 73.3% of the total inpatient treatments for the defectors. It is demonstrated in an annual status survey3) that North Korean defectors put significance on medical support, as medical support (39.0%) is chosen as the most-needed form of support among others, surpassing economic support (37.8%). The hospitalization records of the National Medical Center, one of the most popular medical institutions among North Korean defectors, show that psychiatry is among top 5 most popular departments among the total 31, an indication that not only their physical but mental health are in poor conditions. An analysis on their diagnosis records generates the following results, a list of illnesses arranged in order of popular incidence: depressive disorder, anxiety disorder, posttraumatic stress disorder, bipolar disorder, and somatoform disorders, while chief problems that they mention during the first visit include headache, insomnia, depressive mood, dizziness, and amnesia, also in order of incidence. Female defectors have children in many cases. Some bring them from North Korea, some from China with multicultural root, or others were born in South Korea. They, however, pose many of the following risk factors: ① difficulty in building an affectionate relationship with their children due to family breakup, separation, or loss in the process of defection from North Korea and the entry into the South, ② unstable marital status and formation of a single-parent family, caused by putative marriage, established without formal process of marriage, ③improper child rearing
1) Unikorea.go.kr [homepage on the Internet]. Seoul: Ministry of Unification [cited 2016 Apr 4]. Available from: http://www.unikorea.go.kr/content.do?cmsid=3099 2) Internal data from the National Medical Center 3) 2014 Survey for North Korean Defectors living in South Korea, Seoul: Korea Hana Foundation; 2014
Session I. Key issues affecting North Korean women _43 due to mental health problems or differences in child rearing cultures, ④absence of a guardian due to insufficient support system, and ⑤identity problems of children. The current support policy for North Korean defectors targets those capable of learning and holding a job, without much consideration of women, who need to take care of children, aggravating their difficulties in childcare in addition to the existing ones that ordinary defectors have, such as health problems, financial troubles, and struggles in personal relationships. In conclusion, North Korean women are not properly protected against domestic violence in a male-oriented society while they live in North Korea, and their mental health problem is deemed as part of physical symptoms because of the country's viewpoint of considering mental illnesses as a disease that requires isolation not as the one that needs treatment. In addition, as many of them suffer from aftereffects of a traumatic experience after defection, their deep-rooted distrust, difficulty in maintaining everyday life, and medical costs of pain are identified as the problems that our society needs to address. Furthermore, as important as to ease their symptoms through proper psychiatric treatments to enhance the quality of life, it is crucial to improve their awareness on such treatments, since they have come from a country with a totally different medical system. Extra attention needs to be paid especially to female defectors with children through proper support policies so that their children grow up to be integrated into our society as a responsible member.
44_ 2016 International Symposium on North Korean Human Rights 2016 International Symposium on North Korean Human Rights
Moderator : Dr. Heisoo Shin (Member, UN CESCR)
Session Ⅱ. UN human rights mechanisms for the protection of women’s rights in the DPRK
1) UN mechanisms for protecting women’s rights - Ms. Younkyo Ahn (Human Rights Officer, OHCHR Seoul) 2) Application and actual cases of UPR process in North Korea - Ms. Michelle Kissenkoetter (Director of Asia desk, FIDH) 3) NGOs experiences in utilizing a nexus between States, NGOs and the United Nations to promote women’s rights in North Korea - Dr. Joanna Hosaniak (Deputy Director General, Citizen’s Alliance for North Korean Human Rights) 4) Convention on Refugee Status and Human Rights for North Korean Women - Ms. Buhm-suk Baek Professor, International College of Kyunghee Univ.) 5) Convention against torture and human rights protection for female defectors - Mr. Jong-chul Kim (Director, Advocates for Public Interest Law)
UN mechanisms for protecting women’s rights
❙ Ms. Younkyo Ahn (Human Rights Officer, OHCHR Seoul)
1. Compilation of key UN documents referring to women’s human rights in the Democratic People's Republic of Korea (DPRK)
UN Resolutions
• Human Rights Council Resolution A/HRC/RES/31/18 on the human rights situation in the DPRK - 8 April 2016 • Human Rights Council Resolution A/HRC/RES/28/22 on the human rights situation in the DPRK - 8 April 2015 • Human Rights Council Resolution A/HRC/RES/25/25 on the human rights situation in the DPRK - 28 March 2014 • General Assembly Resolution A/RES/69/188 on the Situation of human rights in the DPRK - 18 December 2014 • General Assembly Resolution A/RES/67/181 on the Situation of human rights in the DPRK – 20 March 2013 • General Assembly Resolution A/RES/66/174 on the Situation of human rights in the DPRK – 29 March 2012 • General Assembly Resolution A/RES/65/225 on the Situation of human rights in the DPRK – 18 March 2011 • General Assembly Resolution A/RES/64/175 on the Situation of human rights in
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _47 the DPRK – 26 March 2010 • General Assembly Resolution A/RES/63/190 on the Situation of human rights in the DPRK – 24 February 2009 • General Assembly Resolution A/RES/62/167 on the Situation of human rights in the DPRK – 28 February 2008
Report of the Commission of Inquiry
• Summary Report of the Commission of Inquiry on Human Rights in the DPRK (A/HRC/25/63) - 7 February 2014 • Full Report of the Detailed Findings of the Commission of Inquiry on Human Rights in the DPRK (A/HRC/25/CRP.1) - 7 February 2014
Reports of the Secretary-General
• Report of the Secretary-General on the situation of human rights in the DPRK (A/70/393), 2015 • Report of the Secretary-General on the situation of human rights in the DPRK (A/69/639), 2014 • Report of the Secretary-General on the situation of human rights in the DPRK (A/68/392), 2013 • Report of the Secretary-General on the situation of human rights in the DPRK (A/67/362), 2012 • Report of the Secretary-General on the situation of human rights in the DPRK (A/66/343), 2011 • Report of the Secretary-General on the situation of human rights in the DPRK (A/65/391), 2010 • Report of the Secretary-General on the situation of human rights in the DPRK (A/63/332), 2008
48_ 2016 International Symposium on North Korean Human Rights Reports by OHCHR
• Report of the Office of the High Commissioner for Human Rights on its role and achievements, including on the field-based structure established to strengthen the monitoring and documentation of the situation of human rights in the DPRK (A/HRC/31/38) - 1 February 2016
Reports by UN Special Procedures: Special Rapporteur on the situation of human rights in the DPRK
• Report of the Special Rapporteur on the situation of human rights in the DPRK (E/CN.4/2005/34) - 10 January 2005 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/60/306) - 29 August 2005 • Report of the Special Rapporteur on the situation of human rights in the DPRK (E/CN.4/2006/35) - 23 January 2006 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/61/349) - 15 September 2006 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/HRC/4/15) - 7 February 2007 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/62/264) - 15 August 2007 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/HRC/7/20) - 15 February 2008 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/63/322) - 22 August 2008 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/HRC/10/18) - 24 February 2009
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _49 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/64/224) - 4 August 2009 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/HRC/13/47) - 17 February 2010 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/66/322) - 24 August 2011 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/HRC/19/65) - 13 February 2012 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/67/370) - 13 September 2012 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/68/319) - 14 August 2013 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/HRC/26/43) - 13 June 2014 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/69/548) - 24 October 2014 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/HRC/28/71) - 18 March 2015 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/70/362) - 8 September 2015 • Report of the Special Rapporteur on the situation of human rights in the DPRK (A/HRC/31/70) - 19 January 2016
Reports by UN Treaty Bodies
• Concluding comments by the Committee on the Elimination of Discrimination against Women on the DPRK (CEDAW/C/PRK/CO/1) - 22 July 2005 • Concluding observations of the Human Rights Committee on the DPRK (reg Art 40) (CCPR/CO/72/PRK) - 27 August 2001
50_ 2016 International Symposium on North Korean Human Rights • Concluding Observations of the Committee on Economic, Social and Cultural Rights on the DPRK (E/C.12/1/Add.95) - 12 December 2003 • Concluding Observations of the Committee on the Rights of the Child on the DPRK (CRC/C/15/Add.239) - 1 July 2004 • Concluding Observations of the Committee on the Rights of the Child on the DPRK (CRC/C/PRK/CO/4) - 27 March 2009 • Concluding Observations of the Committee against Torture on China (CAT/C/CHN/ CO/4) - 12 December 2008 • Concluding Observations of the Committee against Torture on China (CAT/C/CHN/ CO/5) - 3 February 2016 • Concluding Observations of the Committee on the Right of the Child on China (CRC/C/CHN/CO/2) - 24 November 2005 • Concluding Observations of the Committee on the Right of the Child on China (CRC/C/CHN/CO/3-4) - 29 October 2013
Documents from the Universal Periodic Review of the DPRK
• Report of the Working Group on the Universal Periodic Review of the DPRK (A/HRC/13/13) - 4 January 2010 • Position of the DPRK on the recommendations received during its first cycle UPR (A/HRC/WG.6/19/PRK/1, Annex 1) • Report of the Working Group on the Universal Periodic Review of the DPRK (A/HRC/27/10) - 2 July 2014 • Report of the Working Group on the Universal Periodic Review of the DPRK, Addendum: Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review (A/HRC/27/10/Add.1) - 12 September 2014
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _51 2. Key UN recommendations referring to women’s human rights in the Democratic People’s Republic of Korea1)
Recommendations to the Government of the Democratic People’s Republic of Korea
Recommendations Mechanism 1. Theme : - Discrimination against women; - Protection of women; - Gender equality
Acknowledge the human rights violations in the country and to take ∙Human Rights Council Resolution immediate steps to end all such violations and abuses through, inter alia, the (A/HRC/RES/28/22), 2015, para 2(b) implementation of relevant recommendations in the report of the commission ∙Human Rights Council Resolution of inquiry, including, but not limited to, the following steps: To end (A/HRC/RES/25/25), 2014, para 3(b) discrimination against citizens, including State-sponsored discrimination based on the songbun system, and to take immediate steps to ensure gender equality and to protect women from gender-based violence;
End discrimination against citizens, including State-sponsored discrimination ∙Special Rapporteur (A/HRC/26/43), based on the songbun system, and to take immediate steps to ensure gender 2014, para 42(b) equality and to protect women from gender-based violence; Take immediate measures to ensure gender equality in practice, such as ∙Commission of Inquiry (A/HRC/25/ by providing equal access for women in public life and employment. CRP.1), 2014, para 1220(i) / (A/HRC/ Eradicate discriminatory laws, regulations and practices affecting women. 25/63), 2014, para 89(i)
Address the specific concerns of women, children, older persons, those ∙Special Rapporteur (E/CN.4/2006/35), with disabilities and the ethnic dimension by substantively promoting 2006, para 81(f) non-discrimination; ∙Special Rapporteur (A/61/349), 2006, para 61 Protect the rights of women, children and other groups, particularly by ∙Special Rapporteur (A/HRC/4/15), 2007, overcoming the inequalities and discrimination facing them; para 71(f) ∙Special Rapporteur (A/62/264), 2007, para 58 ∙Special Rapporteur (A/HRC/7/20), 2008, para 82 ∙Special Rapporteur (A/63/322), 2008, para 62(b)(vii)
1) Some recommendations in this document have been shortened and summarized and may hence not be quoted as phrased in the original document. Please refer to the respective UN Document number for the exact wording.
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Progressively (longer-term): (vi) Pay special attention to overcoming ∙Special Rapporteur (A/HRC/10/18), discrimination and reducing the vulnerability facing specific groups, such 2009, para 80(b)(vi) as women, children, those with disabilities and the elderly, by highlighting ∙Special Rapporteur (A/64/224), 2009, human rights protection against neglect, abuse, exploitation and violence; para 73(b)(vi) ∙Special Rapporteur (A/HRC/13/47), 2010, para 88(b)(vi) Halt all practices of discrimination against women, children, the elderly, ∙Special Rapporteur (A/68/319), 2013, persons with disabilities and those belonging to the group considered para 40 hostile to the regime.
Strengthen its efforts to promote gender equality and the rights of women ∙UPR (A/HRC/13/13), 2010, para 58 (Philippines); [Accepted / implemented or currently under implementation]
Invest sufficient resources to promote and protect the principle of equality ∙UPR (A/HRC/13/13), 2010, para 59 in the fields of work, education and health (Libyan Arab Jamahiriya); [Accepted / implemented or currently under implementation]
Enhance protection of rights of women and children, in particular those ∙UPR (A/HRC/13/13), 2010, para 66 in the most vulnerable situations (Lithuania); [Accepted / implemented or currently under implementation]
Intensify its efforts to promote and protect the human rights of specific ∙UPR (A/HRC/13/13), 2010, para 98 groups within society, such as women, children, disabled persons and the (Thailand); [Accepted / implemented elderly, with a view to empowering them and alleviating their vulnerability or currently under implementation] Continue taking concrete measures to further promote and protect human ∙UPR (A/HRC/27/10 & A/HRC/27/10/ rights, particularly for women and children Add.1), 2014, para 124.30 (Iran (Islamic Republic of)); [Accepted]
Continue to implement national laws in compliance with international ∙UPR (A/HRC/27/10 & A/HRC/27/10/ human rights instruments in all areas, especially on the human rights of Add.1), 2014, para 124.31 (Thailand); vulnerable groups, rights of the child, women’s rights, rights of persons [Accepted] with disabilities and elderly persons Take more practical measures for the protection of children, women and ∙UPR (A/HRC/27/10 & A/HRC/27/10/ other vulnerable groups and full enjoyment of their rights Add.1), 2014, para 124.34 (Cuba); [Accepted]
Make further efforts to enhance awareness of rights of women and children ∙UPR (A/HRC/27/10 & A/HRC/27/10/ as contained in the newly adopted laws Add.1), 2014, para 124.36 (Timor-Leste); [Accepted]
Take more active steps to eradicate all forms of discrimination against ∙UPR (A/HRC/27/10 & A/HRC/27/10/ women Add.1), 2014, para 124.69 (Angola); [Accepted]
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _53 Recommendations Mechanism
Take immediate measures to ensure gender equality ∙UPR (A/HRC/27/10 & A/HRC/27/10/ Add.1), 2014, para 124.70 (Israel); [Accepted] Continue its efforts in providing gender equal rights ∙UPR (A/HRC/27/10 & A/HRC/27/10/ Add.1), 2014, para 124.71 (Indonesia); [Accepted]
End State-sponsored discrimination based on the “songbun” system, as well ∙UPR (A/HRC/27/10 & A/HRC/27/10/ as pervasive discrimination against women Add.1), 2014, para 125.40 (United States of America); [Noted]
Take immediate measures to end discrimination against its citizens for the ∙UPR (A/HRC/27/10 & A/HRC/27/10/ alleged sins of their grandparents under the songbun system; ensure gender Add.1), 2014, para 125.41 (Australia); equality in practice; and address violence against women and girls [Noted] Monitor and ensure the implementation of existing laws guaranteeing the ∙CRC (CRC/C/PRK/CO/4), 2009, para principle of non-discrimination and full compliance with article 2 of the 20 Convention.2)
Incorporate fully the definition of discrimination,3) encompassing both ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, direct and indirect discrimination, in line with article 1 of the Convention, para 20 in its Constitution or other appropriate national legislation; undertake proactive measures and policies to eliminate discrimination against women and ensure de jure (formal) and de facto (substantive) equality between women and men; carry out awareness-raising campaigns on the Convention, in particular the meaning and scope of indirect discrimination, aimed, inter alia, at legislators, the judiciary and the legal profession.
Revise the Law on Sex Equality of July 1946 be revised in accordance ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, with the provisions of the Convention as a matter of priority. para 22
Initiate without delay a comprehensive review of all legislation,4) with the ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, aim of identifying provisions that discriminate against women, and a para 24 process of law reform to bring its laws into conformity with the provisions of the Convention.
2) OHCHR’s note: CRC Art. 2.1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 3) OHCHR’s note: While article 77 of the DPRK Constitution guarantees equal rights for women and men in all spheres, there is to our knowledge no explicit definition of discrimination against women. 4) As noted in para 23 of CEDAW/C/PRK/CO/1, this recommendation particularly refers to protective legislation; legislation that establishes a minimum marriage age for females at 17 and for males at 18; and article 7 of the citizenship law on the determination of the citizenship of a child under the age of 14.
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Put in place effective remedies for all forms of discrimination against ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, women in line with article 2 (c) of the Convention; establish a mechanism para 26 to monitor the effectiveness of such remedies. Recognize and analyse the persistence of indirect and hidden discrimination ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, as an obstacle to the implementation of the Convention, including measures para 28 to identify where it occurs, raise awareness and be proactive in its elimination.
Develop, adopt and implement, at the national level, a comprehensive and ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, coordinated plan of action to promote gender equality and ensure gender para 32 mainstreaming at all levels and in all areas through increased interaction between the National Coordination Committee and relevant Government entities at all levels; involve women’s groups at all stages of the process in determining the priorities and to include a comprehensive plan for monitoring its implementation, evaluating its effectiveness and making the appropriate adjustments in light of relevant findings; include detailed information on the content of the 10-year national plan of action for women in its next periodic report and place it within the context of the implementation of the Beijing Platform for Action and the present concluding comments; provide gender training and to create gender focal points in the relevant entities. Conduct a comprehensive analysis of divorce cases and encourage judges ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, to review the utilization of conciliation and to ensure that the rights of para 40 women are duly protected; provide gender-sensitive training for legislators, the judiciary and public officials, particularly for law enforcement personnel and health service providers; establish counselling services for victims of violence and the implementation of awareness-raising campaigns and public education programmes.
Integrate a gender perspective and the explicit reflection of the provisions ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, of the Convention in all efforts aimed at the achievement of the para 55 Millennium Development Goals (MDGs), and include information thereon in its next periodic report.
Increase efforts to ensure implementation of existing laws guaranteeing the ∙CRC (CRC/C/15/Add.239), 2004, para principle of non-discrimination and full compliance with article 2 of the 28 Convention, and adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups. Pay particular attention to preventing and combating prejudicial stereotypes against girls and women.
2. Theme : - Violence against women; - Sexual and gender-based violence; - Right to divorce
Take measures to address all forms of violence against women, including ∙Commission of Inquiry (A/HRC/25/ domestic violence, sexual and gender-based violence by state agents and/or 63), 2014, para 89(i) within state institutions.
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _55 Recommendations Mechanism
Take active measures to prevent violence against women and hold ∙Special Rapporteur (A/66/322), 2011, accountable those responsible for such violence; adopt specific legislation on para 69 domestic violence, ensure that violence against women and girls constitutes a criminal offence and also ensure that women and girls who are victims of violence have access to immediate means of redress and protection.
Pass legislation specifically dealing with violence against women and ∙UPR (A/HRC/13/13), 2010, para 19 children, including to combat domestic violence, providing for prosecution (United States); [Accepted / implemented of individuals committing acts of violence against women and establish or currently under implementation] structures for the protection of victims ∙UPR (A/HRC/13/13), 2010, para 65 (Chile); [Accepted / implemented or currently under implementation] ∙UPR (A/HRC/27/10 & A/HRC/27/10/ Add.1), 2014, para 124.107 (Chile); [Accepted] ∙UPR (A/HRC/13/13), 2010, para 67 (Brazil); [Accepted / implemented or currently under implementation] ∙UPR (A/HRC/27/10 & A/HRC/27/10/ Add.1), 2014, para 124.105 (France); [Accepted] Enact national legislation to combat violence against women, including a ∙UPR (A/HRC/27/10 & A/HRC/27/10/ definition of rape that applies to domestic rape and rape in detention Add.1), 2014, para 124.106 (Canada); centres [Noted]
Make efforts to achieve respect for all fundamental rights and freedoms ∙UPR (A/HRC/27/10 & A/HRC/27/10/ of the entire population, especially women and children, and take all Add.1), 2014, para 124.117 (Argentina); necessary measures to ensure the fight against impunity for the perpetrators [Accepted] of crimes, acts of violence and all human rights violations Conduct research on the incidence, causes and consequences of all forms ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, of violence against women, including domestic violence, and include the para 38 results in its next periodic report; find ways to make visible the existence of domestic violence, for example by training health workers to identify signs of abuse; adopt specific legislation on domestic violence and ensure that violence against women and girls constitutes a criminal offence, that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished; address all forms of violence against women and girls in accordance with its general recommendation 19 on violence against women and to accord priority attention to the adoption of comprehensive measures, including the training of law enforcement agencies in effectively responding to victims of violence.
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Amend legislation in order to include specific provisions that can be used ∙CESCR (E/C.12/1/Add.95), 2003, para as grounds to fight domestic violence. 39
Use the recommendations of the Study as a tool for action in partnership ∙CRC (CRC/C/PRK/CO/4), 2009, para with civil society and, in particular, with the involvement of children to 33(b) ensure that all children are protected from all forms of physical, sexual and psychological violence and to gain momentum for concrete and time-bound actions to prevent and respond to such violence and abuse;
Reinforce mechanisms for monitoring the number of cases and the extent ∙CRC (CRC/C/PRK/CO/4), 2009, para of violence, sexual abuse and neglect; 41(b)
Strengthen legislative and other measures to prevent sexual exploitation of ∙CRC (CRC/C/PRK/CO/4), 2009, para children; Take appropriate legal and other measures to protect children who 67(a)(b)(c)(e) are victims of sexual exploitation and bring perpetrators of sexual abuse and exploitation to justice; Prioritize recovery assistance and ensure that education and training, as well as psychological assistance and counselling, are provided to victims; Implement appropriate policies and programmes for the prevention, recovery and social reintegration of child victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the first, second and third World Congress against Commercial Sexual Exploitation of Children in 1996, 2001 and 2008;
3. Theme : - Trafficking
Respond immediately and effectively to trafficking in women. Address the ∙Commission of Inquiry (A/HRC/25/ structural causes that make women vulnerable to such violations. 63), 2014, para 89(i) Respect fully all human rights and fundamental freedoms and, in this ∙General Assembly Resolution A/RES/ regard: Tackle the root causes leading to refugee outflows and prosecute 69/188, 2014, para 11(c) those who exploit refugees by human smuggling, trafficking and extortion, ∙General Assembly Resolution A/RES/ while not criminalizing the victims, and to ensure that citizens of the 67/181, 2013, para 5(c) Democratic People’s Republic of Korea expelled or returned to the ∙General Assembly Resolution A/RES/ Democratic People’s Republic of Korea are able to return in safety and 66/174, 2012, para 5(c) dignity, are humanely treated and are not subjected to any kind of ∙General Assembly Resolution A/RES/ punishment; 65/225, 2011, para 5(c) ∙General Assembly Resolution A/RES/ 64/175, 2010, para 5(c) ∙General Assembly Resolution A/RES/ 63/190, 2009, para 5(c) ∙General Assembly Resolution A/RES/ 62/167, 2008, para 4(b) Address the root causes of displacement, prevent persecution and ∙Special Rapporteur (E/CN.4/2005/34), victimization of those who are displaced, including when they return to 2005, para 68(f) their place of origin, treat those who are displaced, smuggled and/or trafficked humanely, and foster social reintegration of returnees;
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _57 Recommendations Mechanism
Progressively (longer-term): Address the root causes of refugee outflows; ∙Special Rapporteur (A/HRC/4/15), 2007, and criminalize those who exploit them through human smuggling and para 71(e) trafficking, while not criminalizing the victims; ∙Special Rapporteur (A/62/264), 2007, para 58 ∙Special Rapporteur (A/HRC/7/20), 2008, para 82 ∙Special Rapporteur (A/63/322), 2008, para 62(b)(v) ∙Special Rapporteur (A/HRC/10/18), 2009, para 80(b)(vii) ∙Special Rapporteur (A/64/224), 2009, para 73(b)(vii) ∙Special Rapporteur (A/HRC/13/47), 2010, 88(b)(vii)
Protect victims of human trafficking, particularly the women workers that ∙Special Rapporteur (A/70/362), 2015, it sends to other countries, and guarantee their physical safety; para 81(i)
Strengthen measures, including through international dialogue and cooperation, ∙UPR (A/HRC/13/13), 2010, para 68 to combat human trafficking and provide appropriate assistance to victims of (Philippines); [Accepted / implemented trafficking, including by increasing public awareness campaigns, human rights or currently under implementation] education and training for law enforcement officials ∙UPR (A/HRC/13/13), 2010, para 69 (Malaysia); [Accepted / implemented or currently under implementation] ∙UPR (A/HRC/27/10 & A/HRC/27/10/ Add.1), 2014, para 124.110 (Egypt); [Accepted] Create and adopt a law that specifically addresses trafficked persons in the ∙UPR (A/HRC/13/13), 2010, para 32 country and abolish all practices of penalizing trafficked women and children (Israel); [Noted] for unlawfully exiting the country upon their deportation back to DPRK
Enhance measures to address the issues of trafficking and violence against ∙UPR (A/HRC/27/10 & A/HRC/27/10/ women, especially through awareness programmes and by strengthening Add.1), 2014, para 124.109 (Sri Lanka); the institutional and legal framework [Noted]
Train law enforcement officials, migration officials and border police on the ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, causes, consequences and incidence of trafficking and other forms of para 42 exploitation so as to enable them to render support to women who might be at risk of becoming victims of trafficking or commercial sexual exploitation; conduct nationwide awareness-raising campaigns on the risks and consequences of trafficking targeted at women and girls; evaluate those phenomena and systematically compile information on them with a view to formulating a comprehensive strategy that includes measures of prevention, prosecution and punishment of offenders, as well as measures to rehabilitate and reintegrate victims; intensify its efforts to deal with these phenomena through increased international, regional and bilateral cooperation. Information on the results of the research and progress made should be included in the next periodic report.
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Further investigate, in a spirit of cooperation, the number of substantiated ∙Human Rights Committee (CCPR/CO/ allegations about trafficking of women, in violation of article 8 of the 72/PRK), 2001, para 26 Covenant, brought to attention by non-governmental and other sources, including the report of the Special Rapporteur on violence against women of the Commission on Human Rights, and report its findings to the Committee.
Undertake a comprehensive study to assess the nature and the extent of ∙CRC (CRC/C/15/Add.239), 2004, para human trafficking, in particular involving children; Ensure the protection 63(a)(b) from sexual exploitation and trafficking in relevant legislation to all boys and girls below the age of 18 years;
Ensure that trafficked children are regarded and protected as victims and ∙CRC (CRC/C/PRK/CO/4), 2009, para not criminalized, and that they are provided with adequate recovery and 69 social reintegration services and programmes; consider ratifying the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
4. Theme : - Treatment of returnees; - Law enforcement
Immediately (short term): End the punishment of those who seek asylum ∙Special Rapporteur (A/63/322), 2008, abroad and who are sent back to the country, and instruct officials clearly para 62(a)(ii) to avoid the detention and inhumane treatment of such persons; ∙Special Rapporteur (A/64/224), 2009, para 73(a)(ii) Assist women economic returnees who went abroad without valid travel ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, permits to reintegrate into their families and society and to protect them para 42 from all forms of violations of their rights.
Cease to regard citizens repatriated from China as political criminals or to ∙Commission of Inquiry (A/HRC/25/ 63), subject them to imprisonment, execution, torture, arbitrary detention, 2014, para 89(m) deliberate starvation, illegal cavity searches, forced abortions and other sexual violence; Implement regulations to protect women from torture and abuse in ∙UPR (A/HRC/13/13), 2010, para 28 (United detention facilities, and hold female criminal offenders separately from States); [Noted] men, guarded by female guards
Conduct thorough investigation of cases of the use of torture and other ∙UPR (A/HRC/27/10 & A/HRC/27/10/ Add.1), forms of cruel treatment, in particular cases of violence against women in 2014, para 124.99 (Russian Federation); the penitentiary system [Noted]
Immediately establish a system to prevent sexual violence against female ∙UPR (A/HRC/27/10 & A/HRC/27/10/Add.1), prisoners 2014, para 124.100 (Ireland); [Noted]
Bring an end to the practice of forced abortion ∙UPR (A/HRC/27/10 & A/HRC/27/10/Add.1), 2014, para 124.108 (Canada); [Noted]
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _59 Recommendations Mechanism
Tackle impunity by investigating and timely prosecuting those responsible ∙UPR (A/HRC/27/10 & A/HRC/27/10/Add.1), for acts of violence and human rights violations, in particular those 2014, para 124.119 (Ecuador); [Noted] committed by law enforcement and other authorities, and pay special attention to women and children to avoid that they are subjected to sexual abuse in detention
The Committee urges the State party to provide information on the number ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, and condition of women in detention in its next report. para 50
Build the capacity of law enforcement bodies and the public to protect ∙Special Rapporteur (E/CN.4/2005/34), human rights through proactive programmes of human rights education that 2005, para 68(h) are gender- and child-sensitive and promote a critical analysis; ∙Special Rapporteur (A/60/306), 2005, para 68(a)(viii)
5. Theme : - Representation and participation of women
Increase the number of women in management posts and in decision-making ∙UPR (A/HRC/13/13), 2010, para 20 processes and envisage establishing full legislative provisions to promote (Algeria); [Accepted / implemented or and protect the rights of women currently under implementation]
Consider, as appropriate, increasing the percentage of representation of ∙UPR (A/HRC/13/13), 2010, para 86 women in the supreme People’s Assembly and other State decision-making (Sri Lanka); [Accepted / implemented bodies or currently under implementation]
Provide more opportunities for women to gain access to leading positions ∙UPR (A/HRC/13/13), 2010, para 87 in both the political and economic spheres and strengthen funding and (Norway); [Accepted / implemented visibility of the national institutions that promote gender equality or currently under implementation] Consider further legislative and administrative measures to encourage the ∙UPR (A/HRC/27/10 & A/HRC/27/10/ increase of women’s participation in public life Add.1), 2014, para 124.72 (Belarus); [Accepted]
Strengthen efforts to ensure women’s representation in influential posts in ∙UPR (A/HRC/27/10 & A/HRC/27/10/ national and regional government Add.1), 2014, para 124.73 (Norway); [Accepted]
Empower women’s participation in decision-making institutions ∙UPR (A/HRC/27/10 & A/HRC/27/10/ Add.1), 2014, para 124.74 (South Sudan); [Accepted] Further develop measures to generate better conditions for the activities of ∙UPR (A/HRC/27/10 & A/HRC/27/10/ organizations on the rights of women Add.1), 2014, para 124.76 (Venezuela (Bolivarian Republic of)); [Accepted]
Ensure adequate representation of women in the people’s committees and ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, that training be given to the committees concerning women’s rights to para 26 equality and the obligations under the Convention.
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Ensure that the national machinery5) is provided with adequate visibility, ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, power and resources to promote effectively the advancement of women. para 30
Take measures to increase the number of women in decision-making positions ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, in all spheres; increase the representation of women in the foreign service para 44 including in missions abroad; introduce temporary special measures, in accordance with article 4, paragraph 1, of the Convention and the Committee’s general recommendation 25, to strengthen and accelerate its efforts to promote and elect women to positions of power, supported by special training programmes and awareness-raising campaigns aimed at underlining the importance of women’s participation in decision-making at all levels.
Provide an environment that encourages the establishment of women’s ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, (human rights) organizations, in accordance with article 7 (c) of the para 52 Convention; create an independent human rights institution with oversight responsibilities for the implementation of the State party’s obligations under the Convention.
Take measures to implement articles 3 and 26 of the Covenant by ∙Human Rights Committee (CCPR/ improving women’s participation in the public sector workforce, especially CO/72/PRK), 2001, para 27 in senior positions, and provide the Committee with statistical data on the status of women, in particular as to the level of their responsibility and remuneration in the major economic sectors.
Review domestic legislation with the aim of giving full effect to the ∙CESCR (E/C.12/1/Add.95), 2003, para principle of non-discrimination against women; adopt and implement a 33 programme containing specific measures for awareness-raising, aimed at promoting the rights of women and their advancement in all fields of political, economic and social life.
6. Theme : - Economic and social rights; - Poverty alleviation; - Living conditions; - Right to food
Introduce specific poverty alleviation measures aimed at improving the ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, situation of women to eliminate their vulnerability; seek international para 42 assistance in guaranteeing that women, particularly women from rural areas, have equal access to food supplies. Explore the possibility of increasing in due course the budgetary allocations ∙CESCR (E/C.12/1/Add.95), 2003, para for social expenditure, as well as public assistance for people in need, and 38 of enabling persons looking for employment, particularly women, to find jobs on the territory of the DPRK.
5) OHCHR’s note: The National Coordination Committee for the Implementation of the Committee on the Elimination of Discrimination against Women.
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _61 Recommendations Mechanism
Allow urgently the development of international operations of food ∙UPR (A/HRC/13/13), 2010, para 13 distribution in the whole country; put an end to discrimination in the (Spain); [Noted] governmental food distribution, prioritizing children, pregnant women, persons with disabilities and senior citizens
Review its legal and administrative measures with a view to ensuring the ∙UPR (A/HRC/13/13), 2010, para 17 dignity and better living conditions of the vulnerable groups, including (Malaysia); [Accepted / implemented women and children or currently under implementation]
Give access to food and other essential products to those who need them, ∙UPR (A/HRC/13/13), 2010, para 97 taking into account the particular needs of children and pregnant and (Switzerland); [Accepted / implemented nursing women, and cooperate constructively with humanitarian agencies or currently under implementation] and other humanitarian actors by ensuring them access to all the territory
Intensify efforts to develop poverty alleviation programmes with specific ∙UPR (A/HRC/27/10 & A/HRC/27/10/ attention to empower marginalised and vulnerable groups within the Add.1), 2014, para 124.154 (Sri Lanka); society, such as children, women and the elderly [Accepted]
Continue with the cooperation programs, in line with the World Food ∙UPR (A/HRC/27/10 & A/HRC/27/10/ Programme, with priority given to the most vulnerable groups, such as Add.1), 2014, para 124.55 (Uruguay); elderly persons, women and children, and ensure they are implemented [Accepted] transparently
Ensure women an equal treatment with respect to men, especially with ∙UPR (A/HRC/27/10 & A/HRC/27/10/ regard to the rights to food, education and work Add.1), 2014, para 124.75 (Italy); [Accepted]
Ensure that citizens can enjoy the right to food and other economic and ∙Commission of Inquiry (A/HRC/25/63), social rights without discrimination. Pay particular attention to the needs 2014, para 89(j) of women and vulnerable groups such as street children, the elderly and persons with disabilities.
Ensure that food is accessible to everyone in all locations of the country, ∙Secretary-General (A/63/332), 2008, including the most physically vulnerable – women, children, elderly para 56 people, people with disabilities or illnesses and those held in detention or prison camps.
7. Theme : - Right to education
Ensure that female pupils have the same opportunities as male pupils to ∙CRC (CRC/C/15/Add.239), 2004, para access higher education; Sensitize the general public and children in 55(b)(c) particular to ensure that traditional gender stereotypes do not dictate the subjects studied by male and female pupils;
62_ 2016 International Symposium on North Korean Human Rights Recommendations Mechanism
Increase efforts to address stereotypical attitudes about the roles and ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, responsibilities of women and men, including the hidden patterns that para 36 perpetuate direct and indirect discrimination against women and girls in the areas of education and employment and in all other areas of their lives, in accordance with articles 2 (f) and 5 (a) of the Convention. Those efforts should include educational measures at all levels, beginning at an early age; the revision of school textbooks and curricula; and awareness-raising campaigns directed at both women and men to address stereotypes regarding the roles of women and men.
8. Theme : - Right to health
Extend health services to all without discrimination. ∙Secretary-General (A/63/332), 2008, para 56
Pay increased attention to providing adequate nutrition and health care to ∙Special Rapporteur (A/66/322), 2011, women and children so as to uphold their right to health; take effective para 68 measures, both preventive and curative, in response to the current health situation in the country and increase its budget allocation to the health sector.
Ensure that the rights of women, children and persons with disabilities are ∙UPR (A/HRC/13/13), 2010, para 38 more effectively realized through the implementation of the strategy for the (Syrian Arab Republic); [Accepted / promotion of reproductive health, 2006-2010, the national strategy for the implemented or currently under prevention of AIDS, 2008-2012, the primary health care strategy, implementation] 2008-2012, the national action plan for the well-being for children, 2001-2010 and the comprehensive action plan for persons with disabilities, 2008-2012
Take positive measures to further reduce infant mortality rates and maternal ∙UPR (A/HRC/13/13), 2010, para 99 mortality rates (Syrian Arab Republic); [Accepted / implemented or currently under implementation] Carry out a reproductive health strategy and other programmes for ∙UPR (A/HRC/27/10 & A/HRC/27/10/ women’s health with a view to reducing the maternal mortality rate as set Add.1), 2014, para 124.168 (Turkmenistan); out in the MDG [Accepted]
Take concrete measures to improve health care for women to further ∙UPR (A/HRC/27/10 & A/HRC/27/10/ decrease maternal mortality Add.1), 2014, para 124.169 (Bangladesh); [Accepted]
Provide the necessary resources to the health system, in order to strengthen ∙UPR (A/HRC/27/10 & A/HRC/27/10/ it, and especially in order to lower child and maternal mortality rates Add.1), 2014, para 124.170 (Uruguay); [Accepted]
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _63 Recommendations Mechanism
Include in the next periodic report detailed information about the ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, availability of and access to general and reproductive health services for para 46 women in all parts of the country; provide information on the impact of the measures taken to improve the access of women, including those from rural areas, to reproductive and sexual health programmes, in accordance with the Committee’s general recommendation 24 on women and health; target men and boys in its policy on sexual and reproductive health.
Strengthen prevention measures for HIV/AIDS among women and men; ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, conduct a nationwide awareness-raising campaign on the risks and effects para 48 of HIV/AIDS; develop a comprehensive HIV/AIDS research and control programme based on partnerships with stakeholders; and ensure access to affordable antiretroviral drugs.
Take effective measures to improve the conditions of maternal care, ∙CESCR (E/C.12/1/Add.95), 2003, para including prenatal health services and medical assistance at birth. 44
Continue to address, as matter of urgency, the high rates of malnutrition ∙CRC (CRC/C/PRK/CO/4), 2009, para of children and mothers, and develop campaigns to inform parents about 45(a)(b) basic child health and nutrition, advantages of breastfeeding, hygiene and environmental sanitation and reproductive health; Consider establishing a governmental body in charge of maternal and child health care and development at the executive and sub-national levels;
9. Theme : - Research and data collection
Begin putting in place a comprehensive system of data collection and of ∙CEDAW (CEDAW/C/PRK/CO/1), 2005, measurable indicators to assess trends in the situation of women and to para 34 measure progress towards women’s de facto equality; seek international assistance for the conceptual training of its officials and for the development of such data collection and analysis efforts; include in its next report statistical data and analysis, disaggregated by sex and by rural and urban areas, indicating the impact of measures taken and the results achieved.
64_ 2016 International Symposium on North Korean Human Rights Recommendations to other States and to the international community at-large
Recommendations Mechanism Theme : - Non-refoulement; - Protection of refugees
Respect the principle of non-refoulement and, accordingly, abstain from ∙Commission of Inquiry (A/HRC/25/63), forcibly repatriating any persons to the Democratic People’s Republic of 2014, para 90(a) Korea, unless the treatment there, as verified by international human rights monitors, markedly improves; extend asylum and other means of durable protection to persons fleeing the Democratic People’s Republic of Korea who need international protection; ensure that such persons are fully integrated and duly protected from discrimination; stop providing information on activities and contacts of persons from the Democratic People’s Republic of Korea living in China to the State Security Department and other security agencies in the Democratic People’s Republic of Korea; and allow persons from the Democratic People’s Republic of Korea free access to diplomatic and consular representations of any State that may be willing to extend nationality or other forms of protection to them; Strictly adhere to the principle of non-refoulement. No country should ∙High Commissioner for Human Rights repatriate individuals to the Democratic People’s Republic of Korea, where (A/HRC/31/38), 2016, para 61 they are likely to face torture or other serious human rights violations.
Respect the rights of refugees, particularly the principle of non- ∙Special Rapporteur (E/CN.4/2005/34), refoulement, desist from forcibly returning them to the country of origin, 2005, para 69(b) and exempt them from the strictures of national immigration laws, which ∙Special Rapporteur (A/61/349), 2006, might otherwise lead to the detention of refugees or those seeking refuge para 62 ∙Special Rapporteur (A/HRC/4/15), 2007, para 72(b) ∙Special Rapporteur (A/62/264), 2007, para 59 ∙Special Rapporteur (A/HRC/7/20), 2008, para 83 ∙Special Rapporteur (A/63/322), 2008, para 63(b) ∙Special Rapporteur (A/64/224), 2009, para 74(iii) ∙Special Rapporteur (A/66/322), 2011, para 70 ∙Special Rapporteur (A/68/319), 2013, para 37 ∙Special Rapporteur (A/69/548), 2014, para 55
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _65 Recommendations Mechanism
Protect the people from the Democratic People’s Republic of Korea who ∙Special Rapporteur (A/HRC/19/65), have sought refuge in, or are transiting through, a Member State’s territory 2012, para 59 by abiding by the principle of non-refoulement; ∙Special Rapporteur (A/67/370), 2012, para 70 ∙Special Rapporteur (A/HRC/28/71), 2015, 91(g) ∙Special Rapporteur (A/70/362), 2015, para 82(e) ∙Special Rapporteur (A/HRC/31/70), 2016, para 51(f)
[Mongolia]: Protect and assist refugees, bearing in mind various vulnerable ∙Special Rapporteur (A/60/306), 2005, groups such as women and children and the need to cooperate closely with para 67(b)(c) UNHCR; Continue to abide by international human rights law and international law concerning refugees, ensure effective implementation measures, and build capacity among law enforcement officials, including by means of training in human rights and refugee law (particularly the principle of non-refoulement) for border officials, and raise awareness among the public to nurture sympathy and understanding for those who seek refuge;
[China]: Adopt the necessary legislative measures to fully incorporate into ∙CAT (CAT/C/CHN/CO/5), 2016, para domestic legislation the principle of non-refoulement set out in article 3 47(a) of the Convention, and promptly establish a national asylum procedure, in cooperation with UNHCR; [China]: Respect the principle of non-refoulement and reminds it of its ∙CRC (CRC/C/CHN/CO/3-4), 2013, obligation under the Convention to ensure that no accompanied, para 83(a)(c) unaccompanied or separated child, including those from the Democratic People’s Republic of Korea, is returned to a country where there are substantial grounds for believing that she or he will suffer irreparable harm, and that this principle applies to all children and their families without distinction and regardless of nationality; Cease the arrest and repatriation of citizens of the Democratic People’s Republic of Korea, especially children, and women who have children with Chinese men, and ensure that children of mothers from the Democratic People’s Republic of Korea have access to fundamental rights, including the right to identity and education;
[China]: Ensure that no unaccompanied child, including those fromthe ∙CRC (CRC/C/CHN/CO/2), 2005, para Democratic People’s Republic of Korea, is returned to a country where 82(b) there are substantial grounds for believing that there is a realrisk of irreparable harm to the child, for instance through disproportionate punishment for violating immigration laws, in accordance with the Committee’s generalcomment No. 6 (2005) on unaccompanied minors;
66_ 2016 International Symposium on North Korean Human Rights Recommendations Mechanism
[China]: Establish an adequate screening process for status determination ∙CAT (CAT/C/CHN/CO/4), 2008, para in order to determine whether persons subject to return may face a 26 substantial risk of torture, particularly in view of the fact that it is reportedly a criminal offence to depart unofficially from the Democratic People’s Republic of Korea, and should provide the Office of the United Nations High Commissioner for Refugees with access to the border region and persons of concern; ensure that the obligations of article 3 are fully met; ensure that adequate judicial mechanisms for the review of decisions are in place and sufficient legal defence available for each person subject to extradition, and ensure effective post-return monitoring arrangements.
Theme : - Regularized status of refugees from DPRK
Regularize the status of women and men from the Democratic People’s ∙Commission of Inquiry (A/HRC/25/63), Republic of Korea who marry or have a child with a Chinese citizen. 2014, para 90(e) Ensure that all such children can realize their rights to birth registration and Chinese nationality where applicable and access to education and healthcare without discrimination.
Theme : - Trafficking
Request technical assistance from the United Nations to help to meet the ∙Commission of Inquiry (A/HRC/25/63), obligations imposed under international refugee law, and ensure the 2014, para 90(c) effective protection of persons from trafficking; Adopt a victim-centric and human rights-based approach to trafficking in ∙Commission of Inquiry (A/HRC/25/63), persons, including by providing victims with the right to stay in the 2014, para 90(d) country and access to legal protection and basic services, such as medical treatment, education and employment opportunities equivalent to those afforded to their own citizens; Promote orderly and safe channels of migration with the Democratic ∙Special Rapporteur (E/CN.4/2005/34), People’s Republic of Korea in order to reduce clandestine channels and 2005, para 69(c) promote intercountry cooperation to counter human smuggling and ∙Special Rapporteur (A/60/306), 2005, trafficking, while treating the victims humanely; para 68(b)(iii)
[Mongolia]: In the case where persons are trafficked or smuggled, treat ∙Special Rapporteur (A/60/306), 2005, them as victims, ensure that they are not penalized and use victim-sensitive para 67(d) procedures; [China]: Immediately cease forcible repatriation of undocumented migrants ∙CAT (CAT/C/CHN/CO/5), 2016, para and victims of trafficking to the Democratic People’s Republic of Korea, 47(b) and allow UNHCR personnel unimpeded access to nationals of the Democratic People’s Republic of Korea who have crossed the border, in order to determine if they qualify for refugee status.
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _67 Recommendations Mechanism Theme : - Raise women’s human rights issues in dialogue with DPRK [China]: Raise with the Supreme Leader of the Democratic People’s ∙Commission of Inquiry (A/HRC/25/63), Republic of Korea and other high-level authorities the issues of abductions, 2014, para 90(f) the infanticide of children entitled to Chinese nationality, forced abortions imposed on repatriated women and other human rights violations that target persons repatriated from China.
68_ 2016 International Symposium on North Korean Human Rights Application and actual cases of UPR process in North Korea
❙ Ms. Michelle Kissenkoetter (Director of Asia desk, FIDH)
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _69
NGOs experiences in utilizing a nexus between States, NGOs and the United Nations to promote women’s rights in North Korea
❙ Dr. Joanna Hosaniak (Deputy Director General, Citizen’s Alliance for North Korean Human Rights)
It is a rare sight when an issue causes uproar at the United Nations Human Rights Council. Of these rare instances, the government of the Democratic People’s Republic of Korea (DPRK or North Korea) is often at the center. For example, when its 2010 Universal Periodic Review (UPR) was being finalized, North Korea refused to articulate its position on the 117 recommendations it had earlier received from other States. Many of those States understood such behavior as a flagrant disregard of their recommendations and the values behind the UN. Cooperation is integral to the success of the UN’s work. In response, the States gathered in large numbers in front of a red-faced Ambassador of the DPRK and demanded an explanation. Member states that had advocated for giving North Korea a chance during the UPR, citing the DPRK’s presence at the meeting as evidence of its wiliness to cooperate, were clearly embarrassed by the DPRK’s evasive attitude. Similarly, the DPRK caused significant consternation when its Ambassador stormed out of the room after trying to prevent a member of the Japanese delegation from speaking during the interactive dialogue with the UN Commission of Inquiry for DPRK in March 2014.
The DPRK is probably the most difficult country for non-governmental organizations (NGOs) to work with. The bulk of an NGO’s work is based on observation of the implementation of laws in the country and monitoring of the situation on the ground;
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _71 followed by reporting based on testimonies and direct observation. Even though the majority of this typical NGO work cannot be done inside North Korea, these obstacles have not prevented NGOs like the Citizens’ Alliance for North Korean Human Rights (NKHR) from being active at the UN since 1999 and exposing DPRK human rights violations to the international area. NGOs have driven advocacy work at the UN Sub-Commission on the Promotion and Protection of Human Rights, followed by the UN Human Rights Commission and now the UN Human Rights Council. They have lobbied for support on the Resolution condemning human rights violations in North Korea and advocated to establish the UN Special Rapporteur for Human Rights Situation in the DPRK, the UN Commission of Inquiry for DPRK, and the UN Panel of Experts on accountability. None of this would have been possible if not for the initiating actions of civil society and the victims of North Korean human rights abuses.
Yet, much of this criticism had to be substantiated with hard evidence, to which neither the UN system, nor international community had access in the early 2000s. Crucial information on important aspects of human rights violations was initially available from only a handful of NGOs. I will focus here on women’s rights and present the experiences of our ten-year strategy to address the women’s situation in the DPRK. In our strategy, we have focused on the totality of the UN system and utilized the UN human rights treaty bodies, special procedures, Universal Periodic Review and the UN Human Rights Council’s resolutions. While advocating for the resolutions condemning human rights violations and establishment of the mandate of the Special Rapporteur for DPRK, we simultaneously prepared information to the Committees monitoring implementation of human rights treaties where the DPRK would come up for periodic review. When North Korea stopped cooperating with the Committees and began to use the Universal Periodic Review instead, we directed our advocacy there to continue the pressure.
72_ 2016 International Symposium on North Korean Human Rights The DPRK has ratified four UN human rights treaties, namely the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination on All Forms of Discrimination against Women (CEDAW), and the Convention on the Rights of the Child (CRC). It is obliged to present periodical reports to the four Committees that monitor States’ fulfillment of the obligations under those Conventions. Recently, it also ratified the Optional Protocol to the Convention on the Rights of the Child and signed the UN Convention on Persons with Disabilities. As difficult as it is to cooperate with the DPRK based on the resolutions because the country rejects them and the mandate of the Special Rapporteur altogether, at the same time it fulfilled the periodic reporting requirements under each of the Conventions and sent delegations from various Ministries in Pyongyang for reviews by the Committee’s experts. For NKHR as an NGO, this created an opportunity for action.
The DPRK was reviewed in 2001 by the Human Rights Committee which is monitoring implementation of the ICCPR; in 2003 the Committee on Social, Economic and Cultural Rights reviewed the DPRK based on the ICESCR; in 2005 the CEDAW Committee in New York reviewed the implementation of the CEDAW; and in January 2009, the Committee on the Rights of the Child questioned North Korea on the status of children’s rights based upon the CRC. Before the 2005 and 2009 reviews, NKHR submitted shadow reports to the CEDAW Committee and to the Committee on the Rights of the Child and followed up with oral presentations before the relevant Sessions of these two Committees. As DPRK reporting is very broad and poor in technical terms (such as continuous lack of reliable statistics), and as independent information from NGOs within DPRK is impossible to obtain, Committee members relied heavily on third-party information capable of indicating the scope and nature of the issues in the country. In 2005, two NGOs from the Republic of Korea
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _73 submitted independent information on the DPRK and came to the CEDAW Session; in 2009, NKHR was the only NGO that briefed the experts and monitored the Session.
In 2005, the NKHR’s delegation met individually with few experts of the CEDAW Committee to brief them with the most pressing issues affecting women in North Korea – in particular domestic violence; detainment resulting from repatriations from China; brutal treatment in detention, including forced abortion and infanticide; trafficking in women and girls; as well as a pervasive political caste system which affects access to food, education and medical services. In 2009, NKHR held a separate briefing with all of the experts of the Committee on the Rights of the Child one day before the DPRK delegation was questioned by the experts. This briefing allowed NKHR to recommend key areas and questions for the DPRK delegation to the Committee. This was not an opportunity made available at the 2005 CEDAW Committee Session. As a result, the review of the Child’s Rights Committee was much more substantial in scope and at times became dramatic, as the DPRK delegation was visibly surprised by some of the questions and was unable to respond to others.
In 2005, experts of the CEDAW Committee raised important issues and questions before the DPRK delegation. Several of them addressed the absence of discussion of violence against women in the DPRK’s report and raised other problems (such as food provision, education, health or marital rights) in which the experts identified that there was visible or hidden discrimination toward women. Several experts expressed disbelief at the written and oral replies provided by the DPRK government. For example, one of the experts doubted the government’s information that only seven women were in pre-trial detention, and only 40 were in reform institutions following conviction, given that a country with the population of the DPRK should have tens of thousands of detainees. She asked about the treatment of
74_ 2016 International Symposium on North Korean Human Rights women being deported back to the DPRK.
To many such questions, the DPRK provided false or contradicting information. For example, it stated that it was a criminal offence to cross the border without necessary authorization, but that individuals who crossed the border in search of food or other necessities were not subject to criminal charges. The delegation also replied that there were no prisons in North Korea, but that criminals were sent to labor reform institutions, where they worked under strict supervision and were remunerated for their efforts.
With the continuous pressure of the international community, especially the ongoing resolutions on the human rights situation in the country, the reports of the Special Rapporteur and COI, the DPRK’s attitude was seen to evolve. For example, it recently admitted the existence of labor reform institutions, as well as its human trafficking activities, which it had previously denied.
In parallel, the issue of violence against women, conditions in detention, trafficking, punishment for repatriated women continued to be addressed by the reports of the Special Rapporteur and the North Korean human rights resolutions at the UN Human Rights Commission and then UN Human Rights Council. However, the resolutions cannot replace the reviews of the Committees monitoring implementations of the human rights treaties. North Korea has several overdue reports to each of the Committees, and the 2009 review was the last one. Even though some colleagues in the diplomatic community with presence in Pyongyang have indicated that the DPRK seemed to prepare the overdue reports in recent years, none of them have been submitted.
Unsure of whether North Korea would continue cooperation with any of the
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _75 Committees, NKHR decided to utilize the DPRK’s Universal Periodic Reviews (‘UPR’) in 2009 and 2014 to address the situation of women as a priority issue. The UPR is a system by which every Member State of the UN undergoes an interactive assessment of its human rights record every four years. Questions and recommendations are submitted by other Member States in response to three reports about the country under review. The first report is submitted by the Member State under review; the second is prepared by the Office of the High Commissioner for Human Rights (‘OHCHR’) based on information produced by UN agencies; and the third is also submitted by the OHCHR based on information provided by NGOs and other stakeholders. Since the UPR process is where Member States ask questions of the Member State under review, civil society can participate only indirectly by conducting extensive advocacy campaigns vis-à-vis other Member States so that their governments voice NGOs’ concerns during public discussions with the Member State under review.
In order to provide input for the UN and Member States, NKHR published three reports on the situation of women in 2009, 2011 and 2013. In particular, our 2013 report titled “Status of Women’s Rights in the Context of Socio-Economic Changes in the DPRK” assessed changes in the country since its first UPR in 2009. After NKHR’s 2009 Report, “Flowers, Guns and Women on Bikes: Briefing Report on the Situation of Women’s Rights in the DPRK”, we organized briefings in Seoul and in Geneva to raise our concern in the international community. All three reports focused largely on the issue of discrimination and unaddressed violence against women. In 2009 and 2014, we also partnered with Conectas Direitos Humanos to draft a letter proposing recommendations to be addressed to the DPRK by the Government of Brazil.
Before the 2014 UPR Review, NKHR submitted a report to the OHCHR analyzing the largely defunct Women’s Law enacted by the DPRK and the lack of improvements
76_ 2016 International Symposium on North Korean Human Rights in women’s rights since the first UPR four years before. The report also addressed the treatment of persons with disabilities and the often-ignored issue of the unresolved abductions of Republic of Korea citizens by the DPRK government. In the OHCHR report entitled “Summary prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21”, the OHCHR relied heavily on NKHR’s submission. In the section of the report pertaining to the DPRK’s implementation of its international human rights obligations, the OHCHR quoted NKHR’s criticism of the DPRK Women’s Act for being too vague and lacking in definitions, as well as NKHR’s concerns regarding the DPRK’s failure to implement the law and adoption of policies that contradict the spirit of that law. The OHCHR report also quoted NKHR’s conclusion that there has been a lack of improvement concerning violence against women and that the DPRK must enact a separate law prohibiting such violence.
NKHR met with several diplomatic missions to request their cooperation during North Korea’s UPR. In April 2014, the author took part in the official briefing for governments organized by the Geneva-based NGO UPR Info. At that briefing, roughly 50 states listened to NKHR’s recommendations on the DPRK’s review before the official UPR session began. Among several recommendations NKHR presented to the States, one was present on the status of women:
Ensure the speedy enactment of a national legislation on violence against women, which should include definition of rape or trafficking of women. This law should be followed by a complete policy to combat such violation, as support structures for victims, police reports of domestic violence, and should give special attention to violence against women and sexual harassment in detention centers where majority of deported border-crossers are women.
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _77 During both UPRs in 2009 and in 2014, many Member States focused on women’s issues, as illustrated by the table below.
Recommending DPRK s UPR Recommendation ’ State Response Review Related to violence against women Enact national legislation to combat violence against women, including a definition of rape that applies to domestic rape and Canada Noted 2014 rape in detention centres Bring an end to the practice of forced abortion Canada Noted 2014 Punish under law violence against women, establishing adequate Chile Accepted 2014 measures to protect victims Tackle impunity by investigating and timely prosecuting those responsible for acts of violence and human rights violations, in particular those committed by law enforcement and other Ecuador Noted 2014 authorities, and pay special attention to women and children to avoid that they are subjected to sexual abuse in detention Establish measures to combat discrimination and violence against France Accepted 2014 women Immediately establish a system to prevent sexual violence against Ireland Noted 2014 female prisoners Take further measures to prohibit all forms of violence against Brazil Noted 2010 children and women Enact specific legislation to punish violence against women and Chile Noted 2010 establish structures for the protection of victims Step up measures to comprehensively address the problem of trafficking and violence against women, including by increasing Malaysia Noted 2010 public awareness campaigns Implement regulations to protect women from torture and abuse in detention facilities, and hold female criminal offenders United States Noted 2010 separately from men, guarded by female guards Invite the Special Rapporteur on violence against women and the Special Rapporteur on torture to visit the country and provide United States Noted 2010 more extensive recommendations Pass legislation specifically dealing with violence against women, including domestic violence, providing for prosecution of United States Noted 2010 individuals committing acts of violence against women
*Based on the information provided by UPR Info site
78_ 2016 International Symposium on North Korean Human Rights As a conclusion, in order to effectively advocate at the UN and with other States, NGOs must pay constant attention to the DPRK’s activities at the UN. This includes regular monitoring of the DPRK’s statements and submissions to the UN; and meeting regularly with foreign governments, especially those with embassies in Pyongyang. It is also important to immediately respond to information presented by the DPRK by producing independent information on the same topic. For example, the NKHR “briefing reports” series has been extremely popular with many governments since 2009, since they are very concise in nature. However, without NKHR’s use of those reports as a tool for active advocacy, the reports would just remain on the shelf and gather dust.
Even though the DPRK does not fulfill its obligations to the CEDAW Committee, the international community and NGOs should consider the Committee’s comments and recommendations to be the primary international standard on women’s rights to address discrimination against women in the DPRK in different fora. The CEDAW Committee in its first review indicated as very problematic the fact that the DPRK does not consider itself bound by paragraph (f) of Article 2. This article is the heart of the Convention and the paragraph commits states to “take all appropriate measures, including legislation, to modify or abolish exiting laws, regulations, customs and practices which constitute discrimination against women.” It seems quite illogical to ratify a Convention that aims to eliminate discrimination against women while not considering itself bound by the paragraph which commits to eliminating discrimination in practice.
This reservation from the DPRK has consequences. Gendered discrimination is not only still visible in practice, but also in North Korea’s new laws, which it adopted as proof to the international community that it is a country which complies with human rights law. In December 2010, the DPRK enacted the Women’s Rights Act, the first of
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _79 its kind since the 1948 Act on Gender Equality. It was enacted along the Children’s Rights Act and the timing suggests that they were in many ways an outcome of CEDAW and CRC Reviews as well as its first UPR in December 2009. Many states are recognizing the DPRK’s efforts without proper analysis of the substance of those laws. Yet, new human rights laws make little sense where they explicitly promote the discrimination against women. The DPRK’s new Women’s Rights Act does not include a definition of discrimination against women; it does not include definitions of rape or violence against women. It further enforces discriminatory concepts, such as in Article 19 on Education: “In case of recruitment by universities or vocational schools there must be no exclusion or limitation of women in recruitment on grounds of gender, except in departments of specialized labor”; in Article 28 on Labor: “Institutions, corporate associations and organizations, except for those professions or departments that are not appropriate for women, are not allowed not to take women or restrict them for reasons such as gender, marriage, pregnancy and childbirth.” There are no definitions as to education or employment that are not appropriate for women, so the Act leaves significant potential for arbitrary interpretation. The international community should make clear that such laws violate the spirit of the CEDAW Convention. If the laws are defunct, it is difficult to expect reforms in practice.
Effective advocacy means that comments, reports, and recommendations made by NGOs are delivered directly to the government of North Korea through foreign governments or experts speaking at the UN. Most of the time, this is the only form of communication possible between human rights NGOs and the DPRK government. Even though this communication is indirect, its impact cannot be underestimated. Successful advocacy proves that the nexus between NGOs, the UN, and Member States of the UN allows even a small NGO to place human rights issues high on the agenda of the UN and other governments.
80_ 2016 International Symposium on North Korean Human Rights Convention on Refugee Status and Human Rights for North Korean Women
❙ Mr. Buhm-suk Baek (Professor, International College of Kyunghee Univ.)
1. Current State and Importance
- Generally, women account for approximately 45-55% of those granted the refugee status. In case of the recent refugee crisis in Europe, UNHCR reported that 60% of refugees arriving in Greece are women and children.
- Meanwhile, according to the current state of North Korean defectors who entered the Republic of Korea by the year based on a series of research reports, women take up about 70% (recently 80%) after the year of 2000. This represents a necessity to examine the problem of North Korean defectors and North Korean human rights and calls for relevant policies in women’s perspective.
- However, the problem of North Korean refugees who left North Korea has rarely been addressed from the perspective of protection of women’s human rights. Researches were mainly about the recognition of refugee status as an alternative to human rights abuse of North Korean women who escaped from North Korea to China at the level of international laws (Refer to Lee Youngseon, Gu Hyewan, Han Inyoung, “Uniqueness of North Korean female defectors based on the analysis of academic literatures,” The Korean Journal of Unification Affairs Vol. 56, 2011).
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _81 2. Existing Discourse
- Cho Jeonghyeon discussed legal issues concerning the possibility of protecting North Korean defectors through UNHCR. He analyzed the special agreement signed between UNHCR and China in 1995 and pointed out limitations in applying the Convention relating to the Status of Refugees. On the other hand, he confirmed the possibility of protection through the special procedure, the complaint procedure and UPR of human rights agencies under the UN Charter, the Human Rights Council in particular (Refer to Cho Jeonghyeon, “Study on the protection of North Korean defectors through international organizations from the perspective of international laws,” The Korean Journal of Unification Affairs Vol. 19-2, 2010).
- Kang Hyobaek pointed out that an international approach or a diplomatic pressure calling on the Chinese government to recognize the refugee status is not practical nor effective, in his study on the Chinese legislation relating to the legal status of North Korean defector women in China. Against this backdrop, he focused on the protection of human rights through the official Chinese legislation that guarantees the legal status for foreigners who married Chinese and their children, rather than an approach to change the position of China who do not recognize North Korea defectors as refugees. That is, he raised the problem of equity concerning legal enforcement and subjects regarding North Korean women who cannot be protected by the Chinese domestic laws. As a conclusion, he called for the establishment of a structure for legal cooperation between Korea and China as an alternative (Refer to Kang Hyobaek, “Chinese legislation regarding the legal status of North Korean defector women in China in de facto marriage and their children, Kyung Hee Law Journal Vol. 44-3, 2009).
82_ 2016 International Symposium on North Korean Human Rights - Min Jiwon well explained that there are difficulties in the problem of human rights of North Korean defector women, particularly the recognition of refugee status, as the persecution due to gender is not specified in the reasons of persecution under the Convention relating to the Status of Refugees. Min claimed “gender” persecution as criteria for determining the status of refugees and took as examples sexual torture and forcible abortion taking place in political prisoner camps in North Korea where defectors are forcibly sent. He draw a concept of “gender” persecution based on the fact that the ability of reproduction such as pregnancy and marriage, or the chastity ideology in the North Korean society are applied as criteria for punishing North Korean defector women (Refer to Min Jiwon, “Gender persecution as criteria for determining the refugee status: Focusing on the possibility of the refugee status of North Korean women,” Women’s Studies Review Vol.20, 2003).
3. Refugee Status and Women’s Human Rights
- Article 1 of the Convention relating to the Status of Refugees stipulates five forms of persecution: “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion....” The provision does not define the persecution imposed specifically because a person is a women.
- However, UNHCR, in its definition of refugees, makes it clear that a case of persecution based on gender should be fully considered and understood. That is, it recognizes that different content, ground and a method of refugee protection need to be applied depending on the gender. In addition, UNHCR stressed that in case a female refugee escapes her country alone, there is a high possibility of being exposed to risks of sexual violence, forced marriage and human trafficking in the process of escape.
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _83 *UNHCR (1991) Guidelines on the Protection of Refugee Women
*UNHCR (1995) Sexual Violence Against Refugees: Guidelines on Prevention and Response
*UNHCR (2002) Guidelines on International Protection No. 1: Gender-Related Persecution within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees
*UNHCR (2002) Guidelines on International Protection No. 2: Membership of a Particular Social Group
*UNHCR (2006) Guidelines on International Protection No. 7: The Application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees to Victims of Trafficking and Persons at Risk of Being Trafficked
*UNHCR (2008) Handbook for the Protection of Women and Girls
- In case of western countries, the number of rulings that recognize the persecution due to gender is on the rise, but still many of them depend on the discretion of judges, rather than general principles.
*RB (Canada) (1993) Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution
*INS, United States (1995) Considerations for Asylum Officers Adjudicating Asylum Claims From Women
*DIMA (Australia) (1996) Guidelines on Gender Issues for Decision Makers
- From the perspective of women’s human rights, in recognizing the refugee status there are obstacles based on the examination procedure and evidence. For example, it is highly possible that sexual violence and sexual torture are deemed as not subject to the persecution under the Convention relating to the Status of Refugees and treated as personal or cultural problems. Even though there is room for the recognition of refugee status, those women usually have some stories difficult to directly talk to refugee examiners. In many cases it is painful to recollect and explain stories that left not only physical but also mental
84_ 2016 International Symposium on North Korean Human Rights damages to them. It is more so if a refugee examiner is a man. Meanwhile, for women to be recognized as a particular social group, cases of the persecution based on gender should be prevalent in an individual country (the Guidelines on the Protection of Refugee Women provided such a case). However, there are not many cases where women can be recognized as a particular social group because of difficulties in proving it.
- In some cases, a person needs to be recognized as a refugee even though that person was not a refugee at the time of leaving the country (i.e. additional punishment due to an act of border crossing). Especially, if a victim of sexual violence is forcibly returned to her country and additional human rights abuse is expected, it is needed to recognize the refugee status for her.
- Discussions on broad recognition of the refugee status from the perspective of women’s human rights are in the same context with the development of international criminal law through the international tribunal for the former Yugoslavia and the international tribunal for Rwanda.
4. Status of Refugee and North Korean Defector Women
- The final report of the Commission of Inquiry on Human Rights in the Democratic People’s Republic covers human rights issues of a particular group including women and children in detail. It describes in detail discrimination against women in the overall society (paras. 300-320, 344-345, 350-353, etc.) and violence against women(paras. 415-422, 424-434, 455-471, 491, 809, 1054-1056, 1105-1107). Furthermore, in case of North Korean defector women, it reported cases where pregnant North Korean women sent to North Korea forcibly go through abortion or their babies are killed, as well as punishment on North Korean women leaving
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _85 the regime and suspected of contacting with Chinese men, human trafficking in China, forced marriage and prostitution. The White Paper on Human Rights in North Korea issued by the Korea Institute for National Unification also covers the issue of punishment and human trafficking of North Korean defectors including human rights violation against North Korean women.
- In this light, is it possible that North Korean women who escaped the regime for economic reasons are recognized as refugees because they fell victim to sexual violence in the process of border crossing? It is difficult in reality. According to recent discussions in UNHCR and others, however, there is room for being newly recognized as refugees based on the fact that they became victims of sexual violence, etc. in the process of escape from the regime. If additional punishment is expected for those who are forcibly sent to North Korea after their escape, this should also be fully considered as a reason for the recognition of refugee status.
- Of course, if you look at the “Women’s Rights Act (2010),” it seems that the North Korean government has been working on legislation and preparing a procedure for protecting women’s human rights, incorporating recommendations from the UN Committee on Elimination of Discrimination against Women since 2000. However, there are skeptical view over whether substantial implementation plans have been established and developed. In particular, concerning detention, imprisonment and a stay of execution of a sentence, a stay of execution of sentence is not enforced for women not before 3rd months before childbirth or not after 7th months from childbirth. Rather, pregnant women are forced to do labor or are beaten to intentionally cause miscarriage or abortion in the process of the execution of the sentence. There are some reports on cases of abandonment of babies (Refer to Korea Institute for National Unification, “White Paper on Human Rights in North Korea” 2016).
86_ 2016 International Symposium on North Korean Human Rights - It is difficult for North Korean defector women who married Chinese men and then escaped again to avoid domestic violence to be recognized as victim to persecution. As the status of those North Korean defector women is unstable, it is needed to consider this as a reason for the recognition of refugee status as well. There are many cases in Europe where victims of domestic violence were given the status of refugee.
- These days, the protection of female refugees is one of the main concerns in the international society. We need to approach and consider the problem of human rights of North Korean defector women from this perspective. That is, it is needed to review the Convention relating to the Status of Refugees in a new aspect and seek alternative approaches in order to practically protect North Korean women’s human rights.
- Especially, joint works among Korean and foreign NGOs and broad cooperation with international organizations and women’s organizations, together with various discussions in the academic arena are much needed.
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _87
Convention against Torture and Human Rights Protection for Female Defectors
❙ Mr. Jong-chul Kim (Director, Advocates for Public Interest Law)
1. APIL(Advocates for Public Interest Law) that I currently work for, is a public interest lawyers’ organization focusing on advocating for vulnerable migrants and foreigners including refugees, victims of human trafficking, stateless persons, detained migrants, and foreigners with experiences of human rights abuse by Korean companies overseas. As our mandate limits the category of victims only to the above mentioned five groups, we have had few chances to work with North Korean defectors (other than the time when we supported a few of them for problems regarding their stateless status in South Korea).
2. However, things have changed regarding defectors from North Korea, especially women defectors living in China, resulting in the inclusion of these women into our mandated category of victims, which for this purpose could be as refugees, victims of human trafficking, or stateless persons. These North Korean defectors are either refugees or torture claimants, who should not be repatriated to North Korea against their will. Female defectors, who make up the majority of the total defectors from North Korea frequently fall victim to human trafficking in China, often forced to marry Chinese men. And children born to North Korean female defectors forced to marriage become de-facto stateless as birth registration for these children in the “hukou” is quite difficult.
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _89 3. Over the last 20 years, the Chinese government has repatriated tens of thousands of North Korean defectors back to North Korea against their will. The government continues to claim that these individuals are not refugees who would be protected under the refugee convention (the 1951 Convention Relating the Refugee Status of Refugees), a convention which they indeed have ratified. Rather, the government contends these individuals are economic migrants. The defectors, however, should be categorized as ‘refugees sur place’ for the following two reasons: first, they cannot go back to North Korea for political reasons, no matter what their motivation was to leave the country (even if it was an economic one); and second, the ground of their persecution should be assessed based on the time they would prospectively return, not on the time that they left.
4. Furthermore, they get torture and other cruel, inhuman or degrading treatment or punishment when they go back, regardless of their refugee status in China. When a person leaves North Korea without authorization from the authorities, even a child could face severe punishment, such as long-term detention or forced labor as a criminal. The degree of punishment becomes harsher especially for people who learn about Christianity or meet South Koreans. Therefore, these individuals’ forced repatriation to North Korea runs counter to Article 3 the “principle of non-refoulement” of the Convention against Torture (the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment) regardless of what the dispute over their refugee status in China might have been.
5. Statistics show that women make up 70 percent of all North Korean defectors and that 70~80 percent of these women were exploited by way of human trafficking. These trafficked women in many cases are forced to work, engage in sex slavery, or marry against their will. When coerced to enter prostitution, these women sell themselves at brothels, karaoke joints, or chat rooms via online sex sites. In cases
90_ 2016 International Symposium on North Korean Human Rights of forced marriages, these women are often sold by a broker to Chinese men usually living in the countryside and unable to get married previously.
6. According to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, the so-called Palemo protocol, also ratified by the Chinese government on February, 8th, 2010, a member state is obligated to punish human traffickers, protect victims, and prevent human trafficking. Women subjected to human trafficking, however, are not only unprotected by the Chinese authorities but are placed in a more vulnerable state than other victims of human trafficking because of the Chinese government policy and practice of forced repatriation. Even though the government knows these individuals are victims, they choose to send them back to North Korea, and give no, or very lenient, punishments to the human traffickers because they do not want the existence of North Korean defectors in China to become known to the international community. Against this backdrop, these women cannot report to the authorities that they are victims of human trafficking, and the traffickers continue their malicious businesses without any risk of punishment by way of this discrepancy in policy. The concluding observations from the Committee against Torture (CAT/C/CZE/CO/4-5, 2012, para. 19), however, specifies that victims of human trafficking are often “subjected to severe forms of physical and mental violence… that may amount to torture or at least cruel, inhuman and degrading treatment.” In this respect, China fails to not only prevent female defectors from being trafficked, provide protection when they fall victim to such a horrendous crime, or punish traffickers, but China also makes victims of human trafficking even more vulnerable by repatriating them to North Korea, which is a clear violation of Article 2 and Article 1 of the Convention against Torture.
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _91 7. According to recent data, the number of children born to female defectors from North Korea ranges between 10,000 and 50,000. Technically, these children are not de jure stateless, because the Chinese Nationality Act states that a child with a parent of Chinese nationality also automatically acquires Chinese nationality. Yet, the combination of the one-child policy along with repatriation practices towards North Korean female defectors in China creates an incentive to not register these children (especially those born to women forced to marriage) in the “hukou,” a family relation registration system, making them de-facto stateless. Although there have been recent improvements, it is still difficult to register the birth of a child born to a Chinese father with a mother defecting from North Korea within the system. A failure to register such a child in the system would mean that in order to complete the birth registration, the Chinese father has to submit a statement of a witness citing that the North Korean mother has been arrested and sent back to North Korea.
8. In reality, stateless children in China cannot receive proper educational or medical services. More fundamentally speaking, their stateless status is a serious violation against human rights. A stateless person is likely to feel as if their own existence is a crime. In modern society, a person whose birth is not registered and who does not have an ID because he is stateless is practically deemed non-existent. Under the circumstances, the stateless status itself amounts to torture or at least cruel, inhuman and degrading treatment, as a stateless individual is not properly protected by the government. Even so, the Chinese government refuses to take any appropriate legislative, judicial, and administrative measures to provide protection to the de-facto stateless persons born to the female defectors from North Korea. This is commensurate with a violation against Article 2 and Article 1 of the Convention against Torture.
92_ 2016 International Symposium on North Korean Human Rights 9. As mentioned before, the three issues—forced repatriation of North Korean defectors, female North Korean defectors victimized by human trafficking, and children born to these women and becoming de-facto stateless—are all correlated. Because of the risk of being forcibly repatriated to North Korea, human trafficked women cannot seek help from the Chinese authorities. These women are forced to marry Chinese men and later to give birth to children, who also become de-facto stateless persons. This is partly attributable to the policy and practices of forced repatriation of North Korean defectors.
10. APIL that I work for, submitted a report to the Committee against Torture, in November, 2015, to help produce a list of issues in relation with the circumstances mentioned above. This action was triggered by the review procedures for the Chinese government’s compliance with the Convention against Torture. This report is entitled ““Being Deported, Trafficked, or Stateless : Ways of life as North Koreans in China”, a full transcript of which can be found in the Appendix. We engaged in many lobbying activities so that the committee members participating in the deliberation process, which took place for two days from November 17th to 18th in 2015, could integrate the contents of the report into the questions posed to the Chinese representatives. The concluding observations from the committee were released in December. It included a detailed recommendation on the forced repatriation of defectors as well as a recommendation not to forcibly send human trafficked defectors back to North Korea. Unfortunately, however, the concluding observations did not mention anything about the stateless status of children born to human trafficked defectors.
11. Here are the detailed recommendations regarding North Korean defectors (certainly related to female defectors from North Korea) given by the Committee against
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _93 Torture to the Chinese government in December, 2015. 46. While welcoming the adoption in 2012 of the Exit-Entry Administration Law, the Committee remains concerned that, in the absence of national asylum legislation and administrative procedures, the refugee determination process has to be carried out by the Office of the United Nations High Commissioner for Refugees (UNHCR). The Committee is also concerned at the State party’s rigorous policy of forcibly repatriating all nationals of the Democratic People’s Republic of Korea on the ground that they have illegally crossed the border solely for economic reasons. In that regard, the Committee takes note of over 100 testimonies received by United Nations sources, in which nationals of the Democratic People’s Republic of Korea indicate that persons forcibly repatriated to the Democratic People’s Republic of Korea have been systematically subjected to torture and ill-treatment. In the light of this information, the Committee regrets the State party’s failure to clarify, in spite of the questions raised during the dialogue, whether or not nationals of the Democratic People’s Republic of Korea are denied access to refugee determination procedures in China through UNHCR, as reported to the Committee by various sources. 47. The State party should: (a) Adopt the necessary legislative measures to fully incorporate into domestic legislation the principle of non-refoulement set out in article 3 of the Convention, and promptly establish a national asylum procedure, in cooperation with UNHCR; (b) Immediately cease forcible repatriation of undocumented migrants and victims of trafficking to the Democratic People’s Republic of Korea, and allow UNHCR personnel unimpeded access to nationals of the Democratic People’s Republic of Korea who have crossed the border, in order to determine if they qualify for refugee status. 48. The Committee reminds the State party that under no circumstance should the State party expel, return or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. In order to determine the applicability of the obligations that it has assumed under article 3 of the Convention, the State party should thoroughly examine the merits of each individual case, including the overall situation with regard to torture in the country of destination. It should also support effective post-return monitoring arrangements in cases of
94_ 2016 International Symposium on North Korean Human Rights refoulement, including any conducted by UNHCR.
12. Now, before I conclude this presentation on the protection of human rights of female defectors from North Korea and the corresponding problems arisen from actions by the Chinese government, I want to briefly talk about the South Korean government’s compliance with the Convention against Torture. In the past, it was not difficult for North Korean defectors to be recognized as refugees in the UK, Australia, Canada, or Germany. However, recently, defectors cannot seek protection as refugees, because they are deemed as dual nationals who could be protected as a South Korean national once they arrive in South Korea. It is not easy for them to receive protection from the Korean government (unless they are politically helpful) if they are in a third nation, and it should be mentioned that it is also very difficult for them to make their way to South Korea. Of course, mobilizing assistance in this regard is difficult considering that these female defectors are in a foreign country when sovereignty is taken into account. That being said, there must be some are measures that the Korean government could take. For instance, a Korean embassy in a foreign country could help these individuals enter the country sooner. Additionally, the government could invest further into various forms of support and protection of which could be provided upon their arrival in the country. Many of female defectors who were able to enter South Korea have undergone horrible experiences of escaping from forced repatriation or human trafficking. Even though this makes them clear victims of torture or human trafficking, the South Korean authorities are neglecting their obligation of proffering support, such as mental health services, in an organized manner. In this regard, the South Korean government is also not free from scrutiny regarding their compliance with the Convention against Torture.
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _95 [annex]
“Being Deported, Trafficked, or Stateless: Ways of life as North Koreans in China”1)
Background and Framework
1. China, a State Party who ratified (4 October 1988) the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, is obliged to respect and protect human rights not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment. (Articles 1 and 2.1)
2. The obligation of non-refoulement which is jus cogens in international law is specified in Article 3 of the Convention providing that “no State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”
3. The Committee against Torture “recognizes the link between trafficking in human beings and torture and refers to trafficking in human beings in its concluding observations,”2) taking into consideration that victims of human trafficking are often “subjected to severe forms of physical and mental violence…that may amount to torture or at least cruel, inhuman and degrading treatment.”3)
1) The report was submitted to the Committee against Torture Regarding List of Issues for the fifth periodic review of the Republic of China in March 21, 2015. This was co-authored by Jenny Jeong, Sooyeon Jun, Jongchul Kim in Advocates for Public Interest Law. 2) OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment, 2013, p. 13 3) Manfred Nowak, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, UN Human Rights Council(UNHRC), A/HRC/7/3, 2008, para. 56
96_ 2016 International Symposium on North Korean Human Rights 4. Stateless people suffer from similar inhumane conditions. “Stateless can mean a life without education, without medical care, or legal employment. It can mean life without the ability to move freely, without prospects or hope.”4) This could easily amount to a form of torture and the Committee against Torture has expressed its concern about stateless persons’ “particularly vulnerable situation” in its concluding observations.5)
5. China, however, violates the obligations to respect and protect human rights enshrined by the Convention by forcibly repatriating defectors from Democratic People’s Republic of Korea and neglecting the trafficked North Korean female defectors and stateless children born to North Korean female defectors and Chinese men. The details of these violations are as follows.
Human Rights Violation of the Government of China against North Korean Defectors and their Children, relating to Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Refoulement of North Korean Defectors
6. Many North Koreans cross into China for varying reasons, from escaping political and religious persecution to avoiding economic sufferings. Though it is extremely difficult to estimate the number of North Korean defectors in China due to their illegal status, scholars and activists generally agree that there are currently at least
4) United Nations High Commissioner of Refugees(UNHCR), “Statelessness is an Injustice We Can Stop”, The Guardian, Nov. 4, 2014, http://www.theguardian.com/world/2014/nov/04/statelessness-injustice-we-can-stop- unhcr 5) United Nations Committee against Torture, Consideration of reports submitted by States parties under article 19 of the Convention: Concluding observations of the Committee against Torture, Czech Republic, CAT/ C/CZE/CO/4-5, 2012, para. 19
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _97 15,000 defectors. This is a remarkably reduced number from the estimates of the late 1990s (range: 100,000 to 300,000) as many North Korean defectors have been repatriated by Chinese government already and increasing number of defectors are now heading to the Republic of Korea.6)
7. In North Korea, those who leave the country without permission, even children, are considered as criminals and face severe punishment upon return.7) Under Article 63 of the North Korean Criminal Code, leaving the country without permission may be considered as treason along with other criminal offences such as selling off national secrets, and is punishable by lengthy imprisonment with hard labor or even death penalty. Continuous testimonies on sufferings in North Korean prisons have shed light on forced labor, torture and even death for repatriated North Koreans.8) There are also reports on widespread practice of forced abortion and infanticide against North Korean women who are impregnated by Chinese men. This practice occurs immediately after the repatriated North Koreans are jailed.9)
8. Over the past two decades, China has forcibly returned tens of thousands of North
6) Database Center for North Korean Human Rights(DCNKHR), Human Rights Violation caused by China's forcibly repatration of North Korean Defctiors and Improvement Methods, Dec 2013, (in Korean) p.6 7) Human Rights Watch(HRW), UPR Submission, Democratic People’s Republic of Korea, Sept. 2013, p. 2 8) See Jubilee Campaign(JC), UPR Submission, Democratic People’s Republic of Korea, 19th session, 2013, p. 2; Rachel Burford, “’I was beaten and stamped on. It was a way of life’: North Korean defector speaks out about finally finding happiness in New Malden”, Surrey Comet, Mar. 9, 2015 http://www.surreycomet. co.uk/news/kingston/11840787._I_was_beaten_and_stamped_on__It_was_a_way_of_life____North_Korean_de fector_speaks_out_about_finally_finding_happiness_in_New_Malden/; David McKenzie, “Chinese 'snakehead' gangs offer only escape for North Korea's defectors”, CNN, Nov. 19 2014, http://edition.cnn.com/2014/ 11/19/world/asia/china-north-korea-defector-escape-mckenzie/; United Nations Human Rights Council(UNHRC), Report of the commission of inquiry on human rights in the Democratic People’s Republic of Korea, A.HRC.25.63, 2014, III. E. Arbitrary detention, torture, executions and prison camps. 9) See Julian Ryall, “Escape from North Korea: 'I was sold into slavery and forced to have an abortion'”, Telegraph, Feb. 16 2015, http://www.telegraph.co.uk/women/womens-life/11393645/North-Korea-escapee-I- was-sold-into-slavery-and-forced-to-have-an-abortion.html; DCNKHR, Dec 2013, p. 18
98_ 2016 International Symposium on North Korean Human Rights Koreans10) according to the domestic immigration law and agreement signed with North Korea in 1960, 1986, 1988 and so on.11) To mention some of the recent cases, China received nine North Korean orphan defectors from Laos in May 2013 and later repatriated them upon North Korea’s request.12)In February 2012, China detained and repatriated some 30 North Koreans who had crossed the border illegally13). Chinese government advocates its action by arguing that “North Koreans entering China illegally are economic migrants who must be deported.”14) However, North Korean defectors should be protected since they are subject to torture or persecution on political reasons once they are repatriated, which makes them refugee(or refugee sur place). Their rights, therefore, should be protected under the Convention, the 1951 Convention relating to the Status of Refugee and non-refoulement principle. International community and human rights organization have condemned China’s action in various occasions including UN Commission of Inquiry in 201315), but it had not relented. It also rejects unimpeded access by the UN High Commission for Refugees to the border crossers.16) And it arrested and tortured those who helped North Korean defectors.17)
10) Roberta Cohen, “North Koreans in China in need of international protection”, Forced Migration Review, No. 41.Dec. 2012. p.42. 11) DCNKHR, Dec 2013, p.11 12) See JC UPRSubmission DPRK, 2013, p. 3; Justin McCurry, “UN 'extremely concerned' for repatriated North Korean defectors”, The Guardian, Jun. 3, 2013 http://www.theguardian.com/world/2013/jun/03/un-repatriated- north-korean-defectors 13) See Cohen, “North Koreans in China in need of international protection”, Dec. 2012 14) Roberta Cohen, “China’s Forced Repatriation of North Korean Refugees Incurs United Nations Censure”, International Journal of Korean Studies, Summer 2014, http://www.brookings.edu/research/opinions/2014/ 07/north-korea-human-rights-un-cohen 15) See Cohen, “China’s Forced Repatriation of North Korean Refugees Incurs United Nations Censure”, Summer 2014; Stephan Haggard, “UN seeks to persuade China to end forced repatriations to North Korea”, The Guardian, Jul 9 2014, http://www.theguardian.com/world/2014/jul/09/north-korea-united-nations-china- forced-repatriations; Peter Walker, “North Korean leaders may be called to face ICC over 'human rights abuses'”, The Guardian, Oct. 24 2013, http://www.theguardian.com/law/2013/oct/24/human-rights-abuses- china-north-korea 16) McKenzie, “Chinese 'snakehead' gangs offer only escape for North Korea's defectors”, Nov. 19 2014 17) The governmentof China even arrested and tortured those who helped North Korean defectors.See “‘We
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _99 9. In sum, China is apparently violating Article 3 of the CAT Convention by forcibly repatriating North Korean defectors.
Trafficking of North Korean Women
10. Large number of women and girls in North Korea are trafficked into China by coercion or fraud. And many of the estimated 10,000 women and girls who illegally cross borders from North Korea to China are particularly vulnerable to trafficking.18) There are also studies suggesting that “an estimated 70 percent of all defectors fleeing North Korea are women,” and that “between 70 to 90 percent of these women will end up as victims of trafficking.”19) Increasing numbers of North Korean defectors are exposed to danger of human trafficking as Chinese government has tightened border controls and clamped down on charities or other good-willed underground networks that facilitate escape from North Korea. Those who are in need have no choice but to turn to Snakeheads that operate in shadows, with great risks of human trafficking.20)
11. Some defectors are forcefully kidnapped right after, or as they cross the border. Others are allured by false promise of help or jobs.21)These human trafficking victims are subject to forced labor, forced de facto marriages, sexual exploitation
didn’t tortured Kim Younghwan’, Chinese government blatantly lied to South Korean government. But…”, ChosunIlbo, Aug. 1, 2012 (in Korean) http://inside.chosun.com/site/data/html_dir/2012/08/01/201208 0100931.html?Dep0=twitter; Ok-jin Lee, “Confession of former Chinese Police Officer ‘We Detained North Korean Defectors and tortured with electricity.’”, ChosunIlbo, Aug. 2, 2012 (in Korean) http://news.chosun. com/site/data/html_dir/2012/08/02/2012080200437.html?Dep0=twitter&d=2012080200437; Yoo-sik Choi, “Upon North Korea’s Request, Chinese Police Treated them like Dissidents”, ChosunIlbo, Aug. 2, 2012 (in Korean), http://news.chosun.com/site/data/html_dir/2012/08/02/2012080200184.html 18) USDS, Trafficking in Persons 2014 Report: DPRK 19) Olivia Eons, “Human Trafficking Thrives Where Rule of Law Ends”, The Diplomat, Mar. 16 2015, http:// thediplomat.com/2015/03/human-trafficking-thrives-where-rule-of-law-ends/ 20) McKenzie, “Chinese 'snakehead' gangs offer only escape for North Korea's defectors”, Nov. 19 2014 21) HRW, UPR Submission DPRK, 2013, p. 2
100_ 2016 International Symposium on North Korean Human Rights and other forms of cruel, inhuman or degrading treatment.22) For trafficked women and girls, it is usually de facto marriages or sexual exploitation that awaits them as there is an increasing demand of prostitution and forced marriages from Chinese men. A skewed sex ratio, resulted from the Chinese government’s one-child policy, intertwined with cultural preference for sons, serves as a direct cause of this phenomenon.23)There are even brokers stationed in each village who conduct surveys on the local demand, and women are sent to those villages accordingly.24) The forms of sexual exploitation they suffer vary from prostitution in brothels, webcam chat at online sex sites, to hostesses in nightclubs or karaoke bars.25)Sometimes their mobility is very restricted as one human trafficking victim’s testimony in a report demonstrates: when the victims are caught trying to escape from these atrocities, they are beaten to near death.26)
12. Even among human trafficking victims, North Korean defectors are particularly vulnerable compared to victims of other nationality as they cannot and do not actively seek for help from the government, authorities or even civilians due to the fear of repatriation.27) Being trafficked victims does not grant them any amnesty. Chinese authorities have continued to forcibly repatriate defectors despite its awareness that many North Korean female defectors in China are human trafficking
22) See HRW, UPR Submission DPRK, 2013, p. 2; LFNKR, UPR Submission, China, 2013, p. 3 23) See Eons, “Human Trafficking Thrives Where Rule of Law Ends”, Mar. 16 2015; United States Department of State(USDS), Trafficking in Persons 2014 Report: Country Narratives, China, 2014, http://www.state. gov/j/tip/rls/tiprpt/countries/2014/226700.htm 24) Ryall, “Escape from North Korea: 'I was sold into slavery and forced to have an abortion'”, Feb. 16 2015 25) See Rob Price, “Police bust North Korean defector webcam sex trafficking ring”, Business Insider, Feb. 24 2015, http://www.businessinsider.com.au/north-korean-defectors-sex-trafficking-webcam-operators-2015-2 ;“Daegu Prosecutors’ Office Western Branch Arrested and Sued 3 Adult Webcam Site Managers who Exploited North Korean Female defectors”, Herald Corporation, Feb. 24 2015,(in Korean) http://news.heraldcorp. com/view.php?ud=20150224000697&md=20150224140254_BL; USDS, Trafficking in Persons 2014 Report, DPRK 26) Saemmul Lee, “North Korean Female defectors’ Press Conference on North Korea’s Human Rights”, Donga Ilbo, Mar. 4 2015, http://news.donga.com/3/06/20150304/69932504/1 27) HRW, UPR Submission DPRK, 2013, p. 2
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _101 victims who were forced into China.28) Once those victims are repatriated, they face severe persecution as other defectors do. Traffickers make use of this innate vulnerability of North Korean defectors,29)who have to endure exploitative treatment and cannot come forth to seek justice to save their own lives.30)
13. Impunity also shows the Chinese government’s failure to tackle this North Korean female defectors’ human trafficking issue. Under Chinese law, human trafficking is severely punishable. However, if a trafficking case involves North Korean women as victims, punishment is usually limited to a fine and the case is kept quiet. Since publicizing such cases would draw large attention to the existence of North Korean defectors in China, the Chinese government avoids raising an issue regarding them. It is extremely difficult, if not impossible, to find an official police report filed by North Korean defectors.31) As a result, no perpetrators are being punished and no victims are being rescued.
14. It is clear that the Chinese government has failed to take effective legislative, administrative, judicial or other measures to prevent human trafficking of North Korean female defectors amounting to torture in her jurisdiction.
De-facto Statelessness of Children with defected North Korean mothers
15. Another related issue regarding North Korean defectors living in China is stateless children born to North Korean mothers and Chinese fathers. Scholars estimate the number of children with defected North Korean mothers to range from 10,000 to 50,000.32)These children are most likely to be de facto stateless due to their
28) USDS, Trafficking in Persons 2014 Report, DPRK 29) See Taeguen Park, “Documentary on North Korean Defectors Draws Attention”, Donga Ilbo, Feb. 10 2015, http://news.donga.com/3/all/20150210/69578686/2; DCNKHR, Dec, 2013, p.20 30) LFNKR, UPR Submission, China, 2013, p. 3 31) Kim, Aug. 2008, p.24
102_ 2016 International Symposium on North Korean Human Rights mothers’ illegal status. Technically, a child born in China is entitled to Chinese citizenship if one parent is a Chinese citizen under the Chinese nationality law. However, because of the danger posed to the North Korean mothers by China’s policy of forced repatriation, many children end up not being listed on the ‘hukou’, or household registration system33)
16 Legally registering a child between a North Korean mother and a Chinese father with ‘hukou’ is extremely difficult because the Chinese father must submit legal proof including testimonies from witnesses that his North Korean partner has been arrested and repatriated back to North Korea. As a result, families are caught in the middle between having to leave children in de facto statelessness situation without household registration and having to split up the family for their children to have household registration, both of which could become root causes for abandonment and eventual stateless orphan status of the child.34)
17. “Statelessness is a profound violation of an individual’s human rights. [It] makes people feel like their very existence is a crime.”35) Stateless persons can also be described as “legal ghosts, exposed to human rights abuses and with no recourse to justice”.36) This status amounts to torture that accompanies lifelong mental sufferings and high chance of physical sufferings due to the lack of protection
32) Ibid, p. 22 33) United Nations Human Rights Council(UNHRC), Report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea, Feb. 2014, p. 140 34) Kimberly Hyo-Jung Chambell, “De facto statelessness places adoption on the table for children of N.Korean women in China”, the Hankyoreh, Jun 18. 2010, http://english.hani.co.kr/arti/english_edition/e_national/ 426317.html 35) UN high commissioner for refugees Antonio Gueterres quoted in Amelia Gentleman, “UN refugee agency launches global campaign to end statelessness”, The Guardian, Nov. 4 2014, http://www.theguardian. com/world/2014/nov/04/un-refugee-agency-global-campaign-statelessness 36) Director of the European Network Chris Nash quoted in Gentleman, “UN refugee agency launches global campaign to end statelessness”, Nov. 4 2014
Session II. UN human rights mechanisms for the protection of women’s rights in the DPRK _103 from the government. Its impact on children, who are often fragile and weak, is unimaginable. In fact, children without hukou in China live under the loss of education opportunity, exemption from medical and health services, and insecurity.
18. Thus, neglecting these de facto stateless children’s sufferings, the government of China is violating the Convention.
Conclusion
19. Chinese government has been grossly violating Article 3 of the Convention by forcibly repatriating North Korean defectors to their country of origin in which they are subject to torture. And the violation of the principle of non-refoulement makes North Korean female defectors vulnerable to human trafficking, as victims cannot seek protection from Chinese authority for fear of repatriation. Many of the trafficked North Korean female defectors become victims of sexual exploitation or are sold by brokers as brides to Chinese men in need of fertile women and live-in labor. Children born to these women and Chinese men become de facto stateless, which result in a situation that causes harm to the well-beings of these children. Failing to protect trafficked North Korean female defectors and de facto stateless children of these women, and even contributing to the causes of increased human trafficking and the statelessness cases, the government of China has breached Articles 1 and 2.1. of the Convention since human trafficking and stateless amount to torture and other cruel, inhuman, degrading treatment which are prohibited by the Convention
20. Violation of the principle of non-refoulement, human trafficking of North Korean women and statelessness of children are deeply intertwined.
104_ 2016 International Symposium on North Korean Human Rights 2016 International Symposium on North Korean Human Rights
Moderator : Dr. Kyung-seo Park (Chair Professor, Dongguk University)
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK
1) International Legal Approaches to Improving Women’s Rights in North Korea - Prof. Patricia Goedde (Associate Professor, Sungkyunkwan University) 2) Role of media to promote human rights in the DPRK - Mr. Giampaolo Pioli (President, UN Correspondents Association) 3) Role of EU to promote human rights in the DPRK (focused on North Korean women) - Mr. John Sagar (First Secretary, Delegation of the EU to the Republic of Korea) 4) Role of South Korean women to promote women’s rights in the DPRK - Ms. Eun-Ju Kim (Director, Center for Korean Women & Politics) 5) Promoting human rights in the DPRK through solidarity between international NGOs - Ms. Eunkyoung Kwon (Secretary General of International Coalition to Stop Crimes against Humanity in North Korea)
International Legal Approaches to Improving Women’s Rights in North Korea
❙ Prof. Patricia Goedde (Associate Professor, Sungkyunkwan University)
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _107 108_ 2016 International Symposium on North Korean Human Rights Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _109 110_ 2016 International Symposium on North Korean Human Rights Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _111 112_ 2016 International Symposium on North Korean Human Rights Role of media to promote human rights in the DPRK
❙Mr. Giampaolo Pioli (President, UN Correspondents Association)
Ladies and Gentlemen, Listening to your comments about the situation of women in North Korea makes it even more clear that the protection of human rights must go through the protection of freedom of information . Only a few days ago we celebrated World Press Freedom Day at the United Nations. Today we are here, just a few miles from North Korea, to speak about the protection of its women and their rights, and it feels like we are picking up where we left at the UN. As a journalist and as president of the United Nations Correspondents Association, I want to speak about freedom of the press, a basic human right, and one that is more important than ever in the digital age. Our talks today start from the situation in North Korea, which ranks among the worst places on earth with regards to freedom of expression. According to the Committee to Protect Journalists, North Korea is in fact second only to Eritrea as the most censored country in the world. Sadly, the problem is not limited to a few rogue states. The number of journalists that have been killed, injured, or imprisoned simply because they were doing their job is growing all over the world. Mature democracies, developing countries, great powers, small states in Africa, the Middle East, Europe, Asia, Central America, do not respect and do not protect the freedom of expression, neither for journalists or for
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _113 regular individuals. In the past ten years 787 journalists have been killed, seventy-two of them in 2015 and another ten thus far this year. That is why the United Nations Correspondents Association, together with more than thirty-five press freedom groups, is calling on the UN General Assembly to appoint a “Special Representative” of the Secretary General for the safety of journalists, in accordance with a proposal by “Reporters Without Borders.” Our coalition is urging the United Nations and its member States to give this position the political weight, the capacity for rapid action and the legitimacy to coordinate UN efforts for the safety of journalists. The goal is to establish a concrete mechanism that would enforce international law and thereby reduce the numbers of journalists killed every year in the course of their work. Rather than adopting resolutions that often remain pieces of paper, not enacted, the United Nations and its member states should create this "protector of journalists" as soon as possible. Only then journalists will finally have the hope and the confidence that will allow them to work and feel more secure. If we do not grant real protection for journalists in war zones, in other dangerous areas, and anywhere else, we will not be able to grant people the right to be informed. We will not be able to fight propaganda, nor will we be able to stop violent extremism. And this is true for North Korea but also for all other countries, and I speak about countries that are very efficient and generous in organizing great conferences on peace, transparency, inclusion, and then put their own journalists in prison. The right to be informed in the quickest and most correct way is a basic human right. The right to read news that have not been filtered and the right to read them in real time should therefore be considered a basic condition for our civil cohabitation under any form of government. Any country that wants to be part of the twenty-first century must grant this right, together with education, health, work and freedom.
114_ 2016 International Symposium on North Korean Human Rights Role of EU to promote human rights in the DPRK (focused on North Korean women)
❙ Mr. John Sagar (First Secretary, Delegation of the EU to the Republic of Korea)
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _115
Role of South Korean women to promote women’s rights in the DPRK (Roles of Women's NGOs in South Korea for Improvement of Human Rights of North Korean Women)
❙ Ms. Eun-Ju Kim (Director, Center for Korean Women & Politics)
1. Introduction
The human rights issue of North Korean women was put under global spotlight after it was revealed that North Korean women fell victim to human trafficking, sexual violence and bride-purchasing in the midst of a massive escape from North Korea that started in the mid-1990s due to food shortages in the country. The issue is not limited to it. North Korea is a dictatorial, socialist society built on the ideology of a 'great family' led by the supreme leader and the 'military first' policy, where people are ordered to safeguard the patriarchal social structure. The male-centered culture and the separation of gender roles are justified and accepted as social norms. In this context, the human rights issue of North Korean women requires a more comprehensive approach that involves gender inequality and gender discrimination in addition to human trafficking and sexual abuse as pointed out by the international community.
North Korean women can be classified into three groups depending on the place of residence - women in North Korea, female defectors living in China or other third-party countries, and female defectors settled in South Korea. They are exposed to multi-layered and multi-faceted discrimination and human rights violation. Firstly,
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _117 women in North Korea are treated as a second-class population under the male-centered political and economical system and the familistic value of the state, in which the subordination of women is justified. After the economic crisis in the mid-1990s, women had to work to support their families and became exposed to various forms of sexual exploitation and abuse. Secondly, female defectors in China or other third-party countries are at risk of crackdowns and forced repatriation as they are illegal aliens in the countries. They are also exposed to human trafficking, bride-buying and sexual violence. Those who are sent back to North Korea experience acts of human rights violation, such as sexual torture, forced abortion and infanticide. Thirdly, female defectors in South Korea suffer various forms of social prejudice, as people think they are an inferior, unreliable minority who came from a poor and hostile country (Hongmin, 2010). In this context, the human rights issue of North Korean women should be considered in view of discrimination and violence that occur variously depending on the place of residence.
Currently, women's NGOs in South Korea pay not much attention to the human rights issue of North Korean women. It is just that organizations engaged by female defectors or related to reunification or human rights have issued fragmented pieces of reports and testimonies about human rights abuse against North Korean women, which take place in the process of their escape from North Korea. This may be attributable to a sense of repulsion toward North Korea's human rights issues being overly politicized and the consideration of South-North Korean relations. There is much concern, on the other hands, about how the international community has raised the human rights issue of North Korean women. The international community has only stressed the issues of human trafficking of North Korean women in China or sexual abuse and exploitation of women in North Korea. This may cause female defectors to be stigmatized as 'those who were sexually mistreated'.
118_ 2016 International Symposium on North Korean Human Rights There also is doubt about effectiveness. Many think that there is not much to do for the improvement of human rights of North Korean women, outside of the country and especially in South Korea, while North Korea does not grant civil and political rights to people and is highly closed from the outside world. According to female defectors from North Korea, however, strong urges of the international community about the human rights issue of North Korean women have led to changes, albeit small. In this regard, this paper tries to contemplate on the roles, although restricted, of South Korean women and female North Korean defectors for the improvement of human rights of North Korean women. The paper also seeks alternatives in consideration of the roles, potentials and relationships of the three groups of South Korean women, North Korean women in South Korea, and female North Korean defectors.
2. Improvement of Human Rights of North Korean Women and Roles of North Korean Women and Defectors
Although the change in the political system of North Korea is the most important factor for the improvement of human rights of North Korean women, the chances are very slim at present. Therefore, it is necessary, firstly, to find ways and possibilities for a change in and outside of North Korea to improve human rights of North Korean women. The economic crisis that started in the mid-1990s caused a massive escape of people from North Korea and prompted the adoption and expansion of a non-socialist market economy. Women who fled North Korea started to let people know about the situation of human rights violation against women in North Korea. With the expansion of markets and private properties, women in North Korea have experienced changes, large and small, in their socioeconomic activities, so it is necessary to look into the potentials that those women have. In this context, this chapter examines the possibilities of women in North Korea as a potential critical
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _119 power and also looks into the necessity and significance of solidarity with women's NGOs in South Korea to enable female defectors to play greater roles for the improvement of human rights of North Korean women.
1) Women in North Korea: Growing into a potential critical power
As of 2015, people in North Korea earn their living through a market economy, not a distribution economy. Markets have become essential for people's daily lives, and there are over 400 marketplaces across the country. They consider markets as not just a means of survival but a means to improve the quality of their lives. They have learned how markets run for over 20 years and become more adapted to markets. Even the party, military and authorities governed by a planned economy generate profits from the market economy or exploit such profits from people. Licenses for trade and commercial activities, which are issued by the authorities, create collusive links between politics and business, leading to a widening gap between the rich and the poor, corruption, and bribery. As the result, markets have enabled the inflow of new values and information, although to a limited degree, and promoted corruption at the same time, causing greater public complaints against the North Korean regime.
Women have played a central role in markets. If male workers refuse to go to work, they are put in a detention facility or criticized by others in a public gathering. Married women, however, are free from such restrictions, so they can participate in market activities. It is legally stated that only married women aged 50 years old and over are allowed to do business in marketplaces. This may be attributable, in part, to systematic characteristics but also to the male-centric culture, in which women's participation in markets of the non-socialist domain is considered less threatening than men's.
120_ 2016 International Symposium on North Korean Human Rights The expansion of markets has brought a significant influence and change on the daily lives of North Korean women. One of them is that women have become the main actor of the market economy. In typical North Korean households, fathers go out to work to earn just meager amounts of money and mothers do various forms of business to make a living. As inflation has made families impossible to make ends meet only with paychecks of male workers, women are increasingly involved in economic activities. They are practically playing the role of bread earners for their families. Secondly, the stereotype about gender roles is being changed. With more women taking part in market activities despite the prevalent patriarchal socialist system, people's awareness about marital relations or gender roles in families is witnessing a change. Thirdly, the body and femininity of women are exploited as tools. In a male-dominated society, women's social participation inevitably leads to the exploitation of their body and femininity. In other words, sexual abuse against women is justified by the perception that the public or socialist domain occupied by men is the subject of supervision and control and the private or non-socialist domain engaged by women is the target of supervision and control. Furthermore, women themselves began to perceive their femininity and beauty as an effective means of making money. Fourthly, young women in their 20s, called the market generation, accept markets as an essential part of their lives. It was found that women with more market experience tend to have lower expectation or confidence in the state.
The change of the female market generation deserves a particular attention. Born in the early and mid-1990s, they are currently in their late 10s to mid-20s. Markets have provided the generation with two new aspects of life. First, they have no experience in a distribution economy which is familiar to older people in their 50s and 60s. While young women have jobs assigned by the state, they maintain the jobs just to avoid political oppression and make a living in state-run markets. Second, they have access to information and culture of the outside world, which is originally
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _121 controlled by the state, through markets. The two aspects have brought a change to how they think and behave. In other words, the market generation has trust in markets, relies on markets and has less confidence in the state. They, however, are still afraid of the state and risks of death.
The female market generation has not just learned but experienced markets themselves, so they are naturally critical of contradictions and problems with North Korea's political system. Their perceptions of the current institution can be described in eight aspects. First, they criticize the state's contradictory attitude towards markets. The regime has allowed market activities after it failed in food rationing, but it still controls personal efforts to accumulate wealth through hard work. Some people are imprisoned just because they are rich, while others choose to flee to China. Second, the new generation regards the socialist economy as no longer effective. They can hardly make a living with the money they earn at state-assigned jobs, and the state has even failed to produce daily necessities for the people. Third, the market generation has not experienced benefits provided by the state, unlike their parents, so they do not have a sense of gratitude to the state and are leading independent lives. Fourth, they disapprove of North Korea's political system on grounds that: it is economically backward compared to the outside world; it does not allow freedom of speech; and, despite having socialist ideology, the state holds parents responsible for education of children. Fifth, the market generation thinks that the regime, which claims to be practicing politics for the people, not just lets people suffer from severe poverty but makes them crippled and restrained. Sixth, they think that the idolization of Kim Il-sung and Kim Jong-il has deprived people of the essential sense of pity and compassion towards others. Seventh, the current social system of North Korea is considered as even worse than capitalism. Excessive control of the state prompts desperate people to engage in illegal acts. Power trumps law. There is little consideration for people. Money talks in the corrupt society. Eight, the female
122_ 2016 International Symposium on North Korean Human Rights market generation is still negative about a return to the distribution economy and believes that the abolition of markets would only lead to starvation. They have a strong common perception that they cannot help but trust and rely on markets.
The female market generation describes themselves as an awoken generation in comparison with their parents' generation. They, however, have a strong fear of the state. While most of them are highly critical of the state that controls markets, they have no intention to act against the state. This is because they have a deep-seated fear of death which is symbolized by political prison camps. They seem to have accepted their fate to compromise with the fear of the state while living as a new generation awoken by external culture.
Markets enable people to enjoy freedom, although to a limited degree, with rice and money. The state, on the other hands, strikes terror into the hearts of people through oppression and control. When people have greater access to markets, they have more complaints about and less confidence in the state, but their fear of the state grows at the same time. They know that the state can, for example, make their assets completely worthless overnight through currency reform or treat even minor dissenters with violence and death. The female market generation is walking a thin line between their trust in markets and their fear of the state. They pursue a life in which they can lead non-socialist lives and rely on markets within the bounds of the state.
As described so far, women in North Korea, who stand in the center of the market economy, are increasingly critical of the power structure that is oppressive of markets. Although women may not publicly denounce the political system, they are at least free from having a critical attitude against the corrupt power structure they experience in markets. In other words, women, especially the female market generation, are growing into a potential critical power in North Korea.
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _123 2) Expansion of Communication between Female North Korean Defectors and South Korean Women
Female North Korean defectors and South Korean women are expanding meetings and communication with each other albeit far from enough. There are a variety of communication programs aimed at supporting the settlement and stabilization of female North Korean defectors in South Korea, ranging from cultural exchanges with themes of cooking and singing to discussions about democracy and democratic citizens. Such programs have contributed to the promotion of a mutual understanding of South and North Korean societies and the formation of ties and sisterhood.
In this regard, communication between female North Korean defectors and women's NGOs in South Korea should be actively promoted in consideration of three aspects (Kim Eun-ju, 2014). First, female defectors are the only available source of information about changes in North Korean society or real lives of the people. During the 70 years of separation, the two Koreas have witnessed a widening gap in terms of politics and economy, as well as socio-cultural dimensions and people's awareness, but it is difficult to grasp the depth and extent of the gap that has entailed changes. Under the circumstances, information provided by female defectors can be very useful in better understanding North Korean society although some point out that personal experience can be overstated. To prepare for reunification of Korea, it is equally important to overcome differences as it is to restore similarities. Women's NGOs in South Korea should actively reach out to female defectors, instead of just second-guessing probable changes, and think about what are different and how things can be changed to live together. In short, it is necessary to promote communication between female North Korean defectors and women's NGOs in South Korea to find differences and lay the foundation for coexistence and harmonious living.
124_ 2016 International Symposium on North Korean Human Rights Second, women's NGOs in South Korea should play the role of mentors, based on sisterhood, to help female defectors well adapt to South Korean society. Most of the female North Korean defectors in South Korea experienced severe mental and physical sufferings they underwent due to economic hardships in North Korea and, after their escape, human rights violations in third-party countries. This must have a negative influence, directly or indirectly, on their adaptation to South Korea. In addition, prejudice of South Koreans against North Korean defectors has forced defectors to apply for jobs without revealing their identity and struggle on their own for child rearing and education. Therefore, women's NGOs in South Korea should not only support female defectors in gaining mental and physical stability in South Korea but also provides guides for them to avoid additional damage caused by gender discrimination that still exists in South Korean society from the perspective of feminism and sisterhood.
Third, women's NGOs in South Korea should be educators to raise the awareness of female North Korean defectors about women's rights. In socialism, capitalism and economic problems are considered as the cause of gender discrimination or suppression of women, and the abolition of capitalism is deemed as the path to the liberation of women. Such a dogma prevents people from recognizing women's problems that undeniably exist in socialist societies. Socialism does not accept the fact that patriarchy transcends time, space and institutions and is prevalent in socialist societies as it is in capitalist societies.
In North Korea, the entire society is compared to a 'great family' led by the 'father' and supreme leader of the state and the people are required to be loyal and devoted to the 'father'. Due to the 'great family' ideology, patriarchy is hardly confronted, and the separation of gender roles in public and private domains is justified. And, women's problems are concealed under the pretense of virtue and tradition.
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _125 Technically, it is not that women's problems do not exist in North Korea but that people are restrained from thinking about the problems. People are ignorant of women's problems, not because they have wanted it, but because the socialist dogma of North Korea has trained them to have no question about the problems.
Such indoctrination in North Korea is probably the reason why female defectors are surprised to see that South Korean women have high levels of awareness about women's rights and engage actively in feminist movements, but at the same time, feel uncomfortable. To improve human rights of North Korean women, it is necessary for South and North Korea women to have a similar understanding about patriarchy and femininity. This can start with having female defectors understand that femininity is another word for discrimination in a patriarchal culture. Support should be provided for female defectors to help them raise awareness of women's rights through various communication programs organized by women's NGOs in South Korea. And, female defectors should guide South Korean women to better understand North Korean culture and system that are different from their own.
3. Improvement of Human Rights of North Korean Women and Significance of Exchange between South and North Korean Women
Since the first meeting between women from South and North Koreas took place in Tokyo, Japan, in January 1991, meetings had been held on and off according to the political situation of the two countries for 25 years. Exchange between the two sides has so far focused on national agendas, such as peace and reunification, the comfort women issue, and the implementation of the June 15 Joint Declaration. Not
126_ 2016 International Symposium on North Korean Human Rights all of planned exchanges were realized because of political interests of the two countries. It was practically impossible to bring the human rights issue of North Korean women to the agenda of meetings between South and North Korean women, as the authorities in North Korea have strongly denounced the international community for raising the issue, which, it argues, is the intervention in domestic affairs and the infringement of sovereignty. Therefore, the examination of exchange between South and North Korean women must have limitations when they are viewed in light of the improvement of human rights of North Korean women. This paper, however, tries to identify the significance and limitations of such exchange in terms of a society with gender equality through resolution of gender inequality inherent in patriarchal culture, and find possibilities and responsibilities for the improvement of human rights of North Korean women.
1) Current Status of Exchange between South and North Korean Women (Kim Won-hong et al., 2015)
Since the first meeting in Tokyo in January 1991, South and North Korean women have had 31 meetings as of December 2015. A seminar, titled "Peace in Asia and Roles of Women", was held in Seoul, Pyeongyang and Tokyo through four sessions from 1991 to 1993. A series of discussions were held about the comfort women issue and the implementation of the June 15 Joint Declaration. Other academic and cultural events have taken place as well.
Let's take a look at some of the events that were held in a series of sessions. First is the "Peace in Asia and Roles of Women" seminar that took place across four sessions from 1991 to 1993. Lee U-jeong, a member of the South Korean National Assembly, who had long engaged in Christian feminist activities, met with Sumiko Shimizu, president of the Japanese Women's Society, in 1990 and asked her for a
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _127 meeting with North Korean women, which created a momentum. Then, a Christian women's group in Japan proposed a seminar to women's communities in South and North Koreas, urging for solidarity among women in South Korea, North Korea and Japan for reunification of Korea and peace in Asia, which eventually led to the organization of the seminar. The seminar was held across four sessions: January 1991 (1st, Tokyo), November 1991 (2nd, Seoul), September 1992 (3rd, Pyeongyang), and April 1993 (4th, Tokyo).
The first session held in Tokyo in January 1991 was attended by over 100 female representatives from the two Koreas and Japan. They adopted a letter of appeal demanding for compensation for comfort women, the creation of a denuclearized zone on the Korean peninsula, and the normalization of diplomatic relations between North Korea and Japan. They decided to hold the second session in Seoul and the third in Pyeongyang, which later took place, respectively, in November 1991 and September 1992.
The second session held in Seoul in November 1991 was joined by 15 North Korean delegates, including Yeo Yeon-gu (vice chairman of the Supreme People's Assembly), Kim Seon-ok (assistant director of the Hospitality Committee for Overseas Koreans), Jeong Myeong-sun (director of the Committee for the Peaceful Reunification of Korea), Choe Ok-hui (graduate student of Pyongyang Theological College), and Hong Seon-ok (researcher of the Peace and Disarmament Research Center). The third session held in Pyeongyang in September 1992 was attended by about 250 female representatives from the two Koreas and Japan, in which they agreed to hold the seminar on a regular basis in South Korea, North Korea and Japan by rotation. The fourth session held in Tokyo in April 1993 was attended by South Korean delegates, including Lee U-jeong (National Assembly member), Lee Hyo-jae (co-president of the Korean Council for Women Drafted for Military Sexual Slavery by Japan) and Kim
128_ 2016 International Symposium on North Korean Human Rights Yun-ok (director of Christian Women's Peace Research Center), and North Korean delegates, including Choe Geum-chun (professor of Kim Il-sung University) and Hong Seon-ok (director of the Peace and Disarmament Research Center). In October 1993, the working committee for Seoul women's seminar proposed a fifth session to North Korea which then requested a delay to April 1994, and there has been not much progress since then.
Regarding the comfort women issue, South and North Korea women had their first meeting during the second Joint Asian Congress on Comfort Women Issue, which took place in Tokyo from October 21 to 23, 1993 and was attended by representatives from seven countries including the two Koreas. Later, North Korea's Compensation Committee for Comfort Women and Victims of the Pacific War held a meeting in Pyeongyang in November 7, 1993, with the topic of compensation for comfort women and others exploited by Japanese military during the World War II. The meeting was attended by comfort women-related private organizations from five countries - South Korea, North Korea, Japan, the Philippines, and the Netherlands.
In October 1998, a joint meeting of women from South Korea, North Korea and Japan was held to discuss the comfort women issue and women's human rights issue. It was followed by: the "Shanghai International Symposium to Address Comfort Women Issue", held in Shanghai, China, in March 2000; a meeting of "Manila International Execution Committee and International Inspection Team on ?2000 International War Crimes Tribunal on Japanese Military's Sexual Slavery?", held in July 2000; and, a meeting for "Joint Indictment against the Emperor of Japan on ?2000 International War Crimes Tribunal on Japanese Military's Sexual Slavery?", held in Tokyo in December 2000. Since then, there had been no further meeting for over a decade until a meeting for "Victims of Japanese Military's Sexual Slavery and Forced Detention during Joseon Period" took place for three days from March 28 to 30, 2014
Session Ⅲ. Role of the international community in the protection of women’s rights in the DPRK _129 in Shenyang, China. It was attended by 24 South Korean delegates, including Yun Mi-hyang (president of the Korean Council for Women Drafted for Military Sexual Slavery by Japan), 10 delegates from overseas women's subcommittee for the June 15 Joint Declaration, and 10 North Korean delegates including Kim Myeong-suk (vice chairperson of Chosen Democratic Women's Federation).
There were also meetings related to the implementation of the June 15 Joint Declaration. South Korean president Kim Dae-jung and North Korean leader Kim Jong-il met during the first South-North Korean summit held from June 13 to 15, 2000. As the result, they announced the June 15 Joint Declaration which states, among others, ① the pursuit of independent reunification, ② the mutual respect for reunification methods of each other, ③ humanitarian methods for more frequent meetings of separated families, and ④ the expansion of economic and socio-cultural exchanges. South and North Korean women held several meetings with the topic of the implementation of the declaration, including "Reunification Forum of South and North Korean Women for Implementation of the June 15 Joint Declaration", held in Pyeongyang in August 2001; "Reunification Conference of South and North Korean Women for Implementation of the June 15 Joint Declaration and Peace", held in Geumgang Mountain in October 2002; "Reunification Event of South and North Korean Women", held in Pyeongyang in September 2005; "Meeting of Female Representatives of South Korea and North Korea for Implementation of the June 15 Joint Declaration", held in Geumgang Mountain in March 2006 ; "Meeting of South and North Koreas' Female Representatives", held in Pyeongyang in July 2007; and, "Discussion of Female Representatives of South and North Koreas", held in Geumgang Mountain in May 2008.
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