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Statement by Tomás Ojea Quintana United Nations Special Rapporteur on the situation of in the Democratic People’s Republic of Korea 75th session UN GENERAL ASSEMBLY Third Committee Item: 72 (a- d)

New York, 23 October 2020

Madam President, Excellencies, Distinguished Delegates, Ladies and Gentlemen,

The human rights situation in the Democratic People’s Republic of Korea remains extremely serious with no sign in advancing respect, protection and accountability for serious human rights violations.

Having said that, let me note that to date, no cases of COVID-19 have been officially confirmed in the DPR Korea. The authorities are continuing their actions to prevent an outbreak, including a decision to increase the health budget by 7.4 percent. This represents a major effort that the Government has taken to protect the right to life and health of its people, and I encourage the authorities to continue with these efforts.

Notwithstanding, the scale of the pandemic within the country is still unknown, and limited capacities of health facilities are a concern. The vulnerability to COVID-19 of a vast proportion of the population who are undernourished, and have a high rate of tuberculosis is even more alarming. The prisoners in DPR Korea are particularly vulnerable, since in prisons is common and health services barely exist. I once again call for the release of political prisoners and of those who are particularly vulnerable to COVID-19, including the sick and older persons.

Excellencies,

Today, I would like to alert that the humanitarian situation in the DPR Korea is extremely dire. The border shutdown with China since January this year has resulted in a drastic decline in trade and commercial activities, affecting the overall economy and livelihoods of the people. In August and September, the country was hit hard by a series of natural disasters resulting in damages to infrastructure, and crops. What is equally worrying is that the strict COVID-19 measures have impacted the humanitarian response in the country. The international staff presence of the United Nations agencies in the country has already fallen below 20 per cent, and several Embassies and other humanitarian organizations have shut down.

The majority of the population living in the border regions and relying on commercial activities have lost their source of income and are struggling to fulfil their basic needs. The number of kotjebi ( children) and homeless people is increasing, many families cannot afford two meals a day, some may be starving, and some have gone to the mountain as a last resort to survive by cultivating small plots of land. I urge the Government of the DPR Korea to invest necessary resources to overcome this serious food insecurity and to break the cycle of isolation.

Let me emphasize that all these restrictions are happening in a context where implementation of sanctions has started to seriously affect the entire economy of the country, with adverse consequences not only on humanitarian assistance but also on the economic and social rights of the people. In the context of COVID- 19 pandemic, the need to partially lift sanctions is more compelling than ever. I also recommend that standing-exemptions be granted to humanitarian organizations, and a study on the impact of sanctions on the rights of people is carried out without delay.

Finally, I call on the Government of DPR Korea to immediately end COVID-19 policies instructing the use of live ammunition to restrict people from entering the country, as appears to have been the case of a South Korean official who was recently shot and killed and his body burnt by the security forces of the DPR Korea. Such an incident seems to entail the arbitrary killing of a civilian in violation of international human rights law.

Madam President,

My report includes an assessment of the extent to which the right to work is guaranteed in the DPR Korea. The labour system in the country, which is controlled by the Workers’ Party of Korea, determines the entire life of the people. After completing school or military service, every citizen is assigned to a workplace by the State. This labour system was originally based on the principle that the State provides people with basic needs and people must provide labour in return. However, since the mid-90s, wages or rations provided from State- assigned jobs have been insufficient to fulfil even the basic needs of the workers and their families. This has meant that work outside of the State-assigned jobs, in the informal sector and mainly commercial activities in markets (jangmadang), has become more prevalent over time.

The continuation of the State-assigned employment system is of great concern in relation to the right to work, which in some instances may constitute forced labour according to international human rights standards. People in the DPR Korea are not allowed to choose their work voluntarily. They are still required to report to their assigned workplaces, and absence from workplaces for more than a period is a punishable crime. People have to work under the threat of being sanctioned, despite minimal or no remuneration. There also exists a system of long-term mobilization of young people in shock brigades, which are unpaid and are primarily deployed to construction sites, including power plants. The DPR Korea must work towards the progressive realization of the right to work, by engaging in technical assistance including with the International Labour Organization.

Ladies and Gentlemen,

Enforced disappearances in the DPR Korea, which also includes international abductions, remain a grave concern. The DPR Korea authorities must duly address the cases of enforced disappearance and provide accurate information to the families of the victims on the fate and whereabouts of their missing relatives.

I also encourage the Government to cooperate with the Republic of Korea to implement its commitment to open a permanent facility for family reunions and organize video reunions as a matter of priority.

Madam President,

Since the 2014 report of the Commission of Inquiry, which documented the existence of crimes against humanity in the DPR Korea, we have not seen any concrete actions on ensuring accountability for serious human rights violations. The Office of the High Commissioner continues to analyze and explore possible strategies for any future accountability process. The call for accountability in the DPR Korea will not expire until justice is attained, and I support efforts by all stakeholders on this international agenda.

Distinguished Delegates,

The COVID-19 pandemic concerns the whole world, and no single country can avoid its consequences. It is an example of how self-sufficiency does not come through isolation, but instead through cooperation and solidarity with the community of nations. Isolation of DPR Korea simply means further isolation of its citizens who are subject to patterns of human rights violations.

The authorities of the DPR Korea have in recent years engaged in some human rights issues, which is a positive step forward. However, the Government is yet to remove the most critical barrier for meaningful progress on the ground, which is their refusal to grant country access to my mandate and other mechanisms. Let us hope to overcome this barrier and initiate a constructive engagement.

To conclude, I would like to stress the relevance of the DPRK human rights agenda at this General Assembly, which expects a willingness from the Government to genuinely improve the human rights situation in the country. In his recent speech at the 75th anniversary of the Workers’ Party of Korea, the Leadership recognized real hardships that people have been going through. This is a constructive temperament which should inspire the 8 th Congress of the Workers’ Party of Korea, scheduled in January 2021, as a unique opportunity for the State to reform institutions, policies and practices on human rights, to open up to the outside world, and to become a more transparent and integrated member of the international community.

Thank you for your attention.