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Background Paper on the Situation of North Koreans in China

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Background Paper on the Situation of North Koreans in China writenet is a network of researchers and writers on human rights, forced migration, ethnic and political conflict WRITENET writenet is the resource base of practical management (uk) email: [email protected] independent analysis CHINA: BACKGROUND PAPER ON THE SITUATION OF NORTH KOREANS IN CHINA A Writenet Report by James D. Seymour commissioned by United Nations High Commissioner for Refugees, Protection Information Section (DIP) January 2005 Caveat: Writenet papers are prepared mainly on the basis of publicly available information, analysis and comment. All sources are cited. The papers are not, and do not purport to be, either exhaustive with regard to conditions in the country surveyed, or conclusive as to the merits of any particular claim to refugee status or asylum. The views expressed in the paper are those of the author and are not necessarily those of Writenet or UNHCR. Table of Contents Acronyms Glossary................................................................................... i Executive Summary ................................................................................. ii 1. Background.........................................................................................1 1.1 China: Historical “Rulers” and “Minorities” ...........................................1 1.2 China and North Korea...............................................................................1 1.3 China and International Human Rights Law ...........................................4 2 North Korea in the Wake of the 1990s Crisis..................................6 2.1 Human Rights Situation..............................................................................6 2.2 The Famine...................................................................................................7 2.3 Exodus to China ...........................................................................................8 3 Current Situation.............................................................................11 3.1 China, Refugees and International Law ..................................................11 3.2 Relations between China and North Korea.............................................12 3.3 Situation of North Koreans in China .......................................................14 3.3.1 Overview ..............................................................................................14 3.3.2 Estimating the Number of North Koreans in China .........................15 3.3.3 Gender Issues ......................................................................................17 3.3.4 Children...............................................................................................17 3.3.5 Detention in China..............................................................................18 3.4 International Response..............................................................................18 3.4.1 Foreign Governments and NGOs.......................................................18 3.4.2 United Nations.....................................................................................19 3.5 Third Countries..........................................................................................21 3.5.1 Asian Countries...................................................................................22 3.5.2 Russia ..................................................................................................23 3.5.3 Western Countries...............................................................................24 3.6 South Korea................................................................................................25 3.7 Repatriation to DPRK ...............................................................................26 4 Prospects ...........................................................................................28 4.1 Influence of International Actors .............................................................28 4.1.1 UN Bodies............................................................................................28 4.1.2 Nation-state Actors..............................................................................29 4.1.3 International NGOs ............................................................................29 4.2 Internal Developments in China...............................................................29 4.3 Internal Developments in North Korea. ..................................................30 5 Conclusion.........................................................................................30 6 Bibliography .....................................................................................33 Acronyms Glossary BCE Before Common Era CE Common Era DPRK Democratic People’s Republic of Korea (in this paper also referred to as “North Korea”) KCNA Korean Central News Agency NGO Non-Governmental Organization PRC People’s Republic of China (in this paper also referred to as “China”) RENK Rescue North Korean People RMB Renminbi (the Chinese currency) ROK Republic of Korea (in this paper also referred to as “South Korea” UN United Nations UNHCR United Nations High Commissioner for Refugees USSR Union of Soviet Socialist Republics i Executive Summary In the wake of the North Korean famine, which began in 1995, hundreds of thousands of people fled to northeast China. Although many returned and a smaller number went to third countries, many tens of thousands remain. They face two main problems. First is the mistreatment they sometimes receive. China does not recognize them as refugees, or even the legality of their being in the country, so they are forced into an underground existence, making them targets for economic and sexual exploitation. Secondly, Chinese authorities take the position, at least implicitly, that their obligation to return these people to the Democratic People’s Republic of Korea supersedes any obligations they would have under the international human rights covenants and refugee conventions. Thus, many people have been forced back to North Korea against their will, where some have been imprisoned and apparently sometimes executed for the “crime” of leaving the country. Although this situation may have improved somewhat, the refuge seekers in China live in constant dread of being returned to North Korea, and are thus in a position to be blackmailed or otherwise subjugated and abused. China has been reluctant to allow these people to move on to other countries, and absolutely unwilling for them to travel directly to the Republic of Korea. For its part, South Korea has been willing to accept these people, at least at recent levels (1,040 in 2003), but takes the position that the real solution to the problem is improving economic conditions in the North. The international community has gradually been taking a more proactive stance. The United Nations through UNHCR is speaking out more forcefully than in the past. However, China has generally been unwilling to permit this organ access to the North Koreans in the northeast. It is primarily in the case of those seeking refuge in diplomatic compounds that the UNHCR has been able to be helpful. Non-governmental organizations have been active in the northeast, but they operate under severe constraints, and are only able to reach about a fifth of the local North Korean population. The United States Congress has recently taken a forceful position, and opened up the possibility of substantial funding to assist these people. However, the measure is widely perceived as part of a religious or anti-communist agenda, and has been rebuked by Pyongyang. The paper concludes by outlining some measures that could be taken by China, by the two Koreas, and by the international community to ameliorate the situation of the North Korean refuge seekers. ii 1. Background1 1.1 China: Historical “Rulers” and “Minorities” About half of the territory of the People’s Republic of China (PRC) is inhabited by people who are not ethnic Chinese (i.e., are non-Han). Not all are officially acknowledged by the state, but the 54 ethnic groups that are recognized comprise 8.4 per cent of the population. The presence of so many non-Han did not come about by immigration, but rather by the expansion of territory under Chinese control. Historically, when China was ruled by Han, the territory under their direct administration was, roughly speaking, the territory which was (and still is) inhabited by Han; this did not include Tibet, Xinjiang, greater Mongolia, and the northeast (Manchuria). When China was occupied and governed by non-Han, the territory under their control often included substantial lands populated by non-Han. Examples of non-Han rule are the Mongol and Manchu empires (thirteenth century, and 1644- 1911, respectively), which included most of the lands which today comprise the PRC. By contrast, during the Ming dynasty (1368-1644) and the Republican period (1912- 1949) the territory administered by the Chinese government was relatively limited. Thus, the PRC is exceptional in Chinese history, a Han-dominated government administering not only the Han areas but also the lands occupied by the many nations now deemed to comprise “ethnic minorities” of China. One of these “minority” areas is the area just north of the Yalu and Tumen Rivers inhabited by ethnic Koreans. 1.2 China and North Korea As was the case in the rest of the world, before modern times there were no clear geographic demarcations between metropolitan China and other nations. At times China
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