A/HRC/46/51
organizations’ applications for consultative status with ECOSOC should be positively
considered, as this status is a requirement to be accredited as an observer to the Human Rights
Council.
32.
The Special Rapporteur engaged with the Government of the Republic of Korea on
its decision to conduct business inspections of civil society organizations and the revision of
the Development of Inter-Korean Relations Act. The revision to the Development of InterKorean Relations Act prohibited the flying of balloons and leaflets, broadcasting by
loudspeakers and installation of visual materials along the military demarcation line,
punishing these with possible imprisonment to up to three years. The Special Rapporteur
expressed concern that the revised law limits many activities of escapees and civil society
organizations, and such limits may not comply with international human rights law, and
recommended a review of the legislation. In January 2021, the Ministry of Unification issued
guidelines on the interpretation of the law clarifying that this Act is not applicable to the
activities from a third country.
33.
The United Nations has a responsibility to support and facilitate the work of civil
society organizations, lawyers and victims’ groups in their fight against impunity. The
Special Rapporteur supports the work of OHCHR, particularly its field-based structure in
Seoul, in coordinating efforts by civil society organizations and lawyers, building their
capacity, and amplifying the voices of victims, including escapees from the Democratic
People’s Republic of Korea and their families, and activists.
34.
The process of fighting against impunity will also help build a sustainable peace on
the Korean Peninsula. As an escapee from the Democratic People’s Republic of Korea told
OHCHR, “people matter whenever we discuss reconciliation and peace.”42 Peace for all
Koreans can be comprehended only by Korean people, therefore people’s search for truth
and justice should be supported as an integrated part of peace process. Therefore, the United
Nations must be coherent in emphasizing human rights while pursuing peace, development
and denuclearization in the Democratic People’s Republic of Korea.
IV.
Situation on human rights in the Democratic People’s Republic of
Korea
Impact of COVID-19 pandemic on human rights
35.
According to the WHO, the Democratic People’s Republic of Korea had tested 13,259
people for COVID-19 as of 31 December 2020. All the results were negative. The
Government of the Democratic People’s Republic of Korea applied to join the COVAX
scheme, an initiative for equitable global access to COVID-19 vaccines, a welcome approach
to international cooperation. The country is expected to receive 1,992,000 doses of the
AstraZeneca/Oxford Vaccine in the first half of 2021 under this initiative. The Special
Rapporteur urges the Government to take this opportunity to grant full and unimpeded access
not only to medical and related staff involved in COVID-19 vaccinations but also to
humanitarian actors providing critical support.
36.
The Democratic People’s Republic of Korea continues to strictly implement its antiepidemic measures. Authorities have occasionally locked down several cities as a measure
to control possible COVID-19 transmission and residents exhibiting fevers for more than
three days are reportedly required to self-isolate. A reported new emergency anti-virus law
required both citizens and foreigners to unconditionally comply with anti-epidemic
measures.43 Unconfirmed reports indicated that a buffer zone has been set up 1-2 km along
the borders and that officials have authorized law enforcement agencies to “shoot on sight”
anyone attempting to cross the country’s borders.44 On 22 September, a 47-year-old official
of the Ministry of Oceans and Fisheries of the Republic of Korea was shot dead by the
security forces of the Democratic People’s Republic of Korea. The Special Rapporteur sent
42
43
44
OHCHR, Discussion paper on Laying the human rights foundations for peace (September 2020), p.
30.
https://en.yna.co.kr/view/AEN20201101001200325?section=nk/nk.
https://www.hrw.org/news/2020/10/28/north-koreas-unlawful-shoot-sight-orders.
13