A/ HRC/46/51
assistance activities in 2020, but progress was not possible due to the pandemic. Even if these
initiatives have not resulted in any proven impact on the rights of people in the Democratic
People´s Republic of Korea, the Special Rapporteur believes that such engagement deserves
attention, support and continuing development.
44.
The standstill in reunions of separated families since August 2018 is lamentable,
especially for aging family members. The Special Rapporteur urges both Koreas to fulfill
their commitments made in the Panmunjom Declaration for Peace, Prosperity and
Unification of the Korean Peninsula of 27 April 2018 – namely “to endeavor to swiftly
resolve the humanitarian issues that resulted from the division of the nation, and to convene
the Inter-Korean Red Cross meeting to discuss and resolve various issues including the
reunion of separated families and relatives”53. According to the Republic of Korea, necessary
equipment for virtual communications has already been set up. The Special Rapporteur does
not see any reasons to further postpone virtual reunions.
45.
The Special Rapporteur also wishes to again highlight the efforts of civil society
organizations towards peace in the Korean Peninsula, especially Women Cross DMZ, that
continue to campaign a global coalition of women’s peace organizations calling to end the
Korean War, to sign a peace agreement, and to include women in peace processes. The
Special Rapporteur sent four letters to the Government during the reporting period in which
he commended efforts to prevent a major outbreak of COVID-19 and encouraged the
authorities to allow full and unimpeded access to medical and scientific experts and
humanitarian actors. He also requested a visit to the country to discuss human rights issues,
including the impact of sanctions on people’s rights. He noted his support for peace initiatives
and expressed condolences and solidarity to all the people who had been affected by a series
of recent natural disasters. Although the Special Rapporteur has not received any response,
he will continue to reach out to the Government of the Democratic People´s Republic of
Korea.
VI.
Conclusions
46.
Accountability of those most responsible for human rights violations in the
Democratic People’s Republic of Korea that may amount to crimes against humanity is
imperative to pursue justice, to uphold the rights of victims, and to deter future
violations of human rights in the country. To this end, both the Human Rights Council
and the General Assembly have repeatedly encouraged the Security Council to take
appropriate measures to ensure accountability, including through referral of the
situation to the International Criminal Court and the adoption of sanctions targeting
those who are most responsible for human rights violations,54 without avail. For
decades, people in the Democratic People’s Republic of Korea have continued to suffer
or fear grave abuses by State institutions that are supposed to protect them. The
Security Council should also bear responsibility for its inaction against the continuation
of crimes against humanity in the Democratic People’s Republic of Korea. A rationale
based on human rights demands that the fight against abuses of such a scale, gravity
and nature cannot take a back seat to national or geopolitical interests. Failing to take
action may be legal, but it is not justifiable under the UN Charter.
47.
A referral to the International Criminal Court or the creation of an ad hoc
tribunal or other comparable mechanism would be complementary to initiatives by
victims who have sought justice in national courts, which efforts are limited in scope
and hampered by the lack of cooperation from the Democratic People’s Republic of
Korea. Such approaches at the international level would stand to benefit from the
groundwork being carried out by OHCHR, in particular with respect to informationgathering, documentation and awareness-raising.
48.
The further isolation of the Democratic People’s Republic of Korea with the
outside world during the COVID-19 pandemic appears to exacerbate entrenched
53
54
16
A/72/109–S/2018/820, para. 1(5).
A/RES/75/190 and A/HRC/RES/43/25.