A/ HRC/46/51
to enhance communication and engagement between the two Koreas, and its demolition
marked the fragile nature of peace and denuclearization negotiations on the Korean
peninsula. The summit meetings between the Koreas and between the Democratic People’s
Republic of Korea and the United States of America during 2018 and 2019 had generated
high expectations for the peaceful resolution of conflict, but these measures have not yet
yielded concrete outcomes. Measures to contain the COVID-19 pandemic globally have
further reduced space for negotiations. Together with the Republic of Korea, the new
administration of the United States should explore practical approaches to pursue
denuclearization, peace and human rights on the Korean Peninsula.
5.
The Democratic People’s Republic of Korea has continued to refrain from nuclear and
intercontinental ballistic missile tests since November 2017, but at the same time the
Government has regularly exhibited progress in nuclear and missile technologies. The
Special Rapporteur continues to support all efforts to negotiate on the security agenda with
the Democratic People’s Republic of Korea. The Special Rapporteur, in his bilateral
discussions with the United States and the Republic of Korea, has persistently called on the
need to apply a principled approach to negotiations and not to shy away from raising concerns
about the human rights situation in the Democratic People’s Republic of Korea, including
regarding the lack of cooperation with UN mechanisms, in particular with his mandate and
OHCHR. Negotiations should also include a commitment from the Government of the
Democratic People’s Republic of Korea to meaningful progress and engagement on human
rights. The denuclearization agenda, the urgent need for peace on the Korean Peninsula and
the grave human rights situation in the Democratic People’s Republic of Korea are
interconnected and reinforce each other. In this vein, the latest informal discussion at the
Security Council in December 2020 on the human rights situation in the Democratic People’s
Republic of Korea is a step in the right direction.
6.
There is no doubt that the Security Council has an important obligation with respect
to a country which perpetuates serious and pervasive human rights abuses and which has
illegally acquired nuclear weapons and ballistic missile technology capable of flying nuclear
war-heads across borders, thereby imposing threat to international peace and security. The
Security Council has been called on to take action on the human rights situation in the
Democratic People’s Republic of Korea by other relevant UN bodies, namely the General
Assembly and the Human Rights Council, specifically to refer the situation to the
International Criminal Court. This decisive action has yet to be realized. In the view of the
Special Rapporteur, the Security Council must also not lose sight of the adverse consequences
of the severe sanctions regime aimed at curtailing the resources for the Democratic People’s
Republic of Korea to develop nuclear and missile technologies. According to limited but
repeated information, the sanctions regime has impacted both humanitarian assistance and
the basic economic and social rights of the people in the country. While the Democratic
People’s Republic of Korea seems to make progress in developing its weapon capabilities,
the people bear much of the burden of sanctions, and addressing this reality should not be a
taboo.
7.
The Special Rapporteur calls on the countries in the region, particularly those
neighboring the Democratic People’s Republic of Korea, the People’s Republic of China and
the Russian Federation, to actively engage on human rights issues in the Democratic People’s
Republic of Korea, as they have engaged in the denuclearization and security agendas. As
stressed repeatedly, the two matters are interlinked and could provoke political and social
instability if not properly addressed. Given the geographical proximity, historical diplomatic
engagements and economic reliance between their countries, the Special Rapporteur
encourages the Chinese authorities to exercise their influence and leverage to encourage the
Government of Democratic People’s Republic of Korea to initiate dialogue with his mandate
with a view to improving human rights on the ground.
8.
Due to the restrictions on travel as COVID-19 preventative measures, the number of
escapees from the Democratic People’s Republic of Korea arriving in the Republic of Korea
has declined significantly. In 2020, only 229 escapees arrived in the Republic of Korea, a
4