A/ HRC/46/51
progress and challenges in promoting the accountability agenda for human rights violations
in the country. In their reply36, the former Commissioners recommended; 1) the
dissemination of the Commission’s report in accessible hard copy format, and desirably also
a Korean translated version, including in the Democratic People’s Republic of Korea; 2)
increased resources for the OHCHR office including its field based structure in Seoul; 3) the
revival and continuation of regular Security Council meetings to discuss denuclearization
and accountability for human rights; and 4) the appointment of an independent expert or
panel to bring up to date the recommendations made by the Commission. The Commissioners
noted that the OHCHR has recently reconfirmed37 that reasonable grounds exist to believe
that human rights violations and crimes against humanity continue in the Democratic
People’s Republic of Korea. This finding should be met with a renewed demand for
accountability seven years after the initial findings. To fulfil the rights of victims to truth,
justice, reparations and guarantees of non-recurrence, the prosecution of alleged international
crimes remains a high priority, preferably through referral of the situation to the International
Criminal Court or through the establishment of an ad hoc tribunal
Views of Civil Society Organizations
26.
Civil society organizations and activists have long worked to promote the human
rights of the people of the Democratic People’s Republic of Korea, to end impunity, and
ensure justice. In December 2020, to honor their efforts and to benefit from their expertise,
the Special Rapporteur made a call for submission on his website to civil society
organizations and other stakeholders to share their views for this report. They were asked: 1)
What progress and limitations they see on accountability issues in the Democratic People’s
Republic of Korea seven years after the commission of inquiry report, and how they envisage
the way forward; and 2) What their views are on the approach that should be taken to ensure
that the obligation to respect human rights in the Democratic People’s Republic of Korea,
including on accountability measures and ending impunity, and the need for the
establishment of peace on the Korean Peninsula are fulfilled. Nine stakeholders submitted
their views, which are summarized below.38
36
37
38
10
Citizens’ Alliance for North Korean Human Rights highlighted the issue of slavery in
the supply chain, particularly of coal production and a pyramid system of quotas that
relies on the extortion of goods and forced labor in a vast network of detention and
political prison camps. It recommended that the UN examine the intricate connections
between the senior leadership’s reliance on serious human rights crimes to remain in
power; and the use of profit from international trade and investments in strengthening its
military and nuclear capabilities.
The Committee for Human Rights in North Korea, while stressing the need for the
Security Council, General Assembly, and Human Rights Council to address crimes
against humanity and the need for accountability, including the referral to the
International Criminal Court, suggested that UN member states could consider
alternative accountability mechanisms, with the support of civil society organizations
worldwide. It also noted that the severe impediments to humanitarian aid caused by the
COVID-19 pandemic could provide an opportunity for a “reset” to implement a Human
Rights up Front approach to aid.
Human Rights Watch recommended that the Human Rights Council, in its upcoming
resolution, should align the OHCHR Seoul office’s existing mandate with other
independent investigative mechanisms such as those for Myanmar and Syria, and
provide for an expert on financial forensics and a Korean-speaking outreach officer. It
also recommended that the OHCHR Seoul office analyze criminal laws of the Republic
of Korea to identify opportunities and limitations for future accountability processes. It
further recommended that the United Nations and governments integrate human rights
The full submission of the former members of the Commission of Inquiry is available at: OHCHR |
Special Rapporteur on Democratic People’s Republic of Korea and
https://seoul.ohchr.org/EN/Pages/HOME.aspx.
A/HRC/46/52.
The full responses of the civil society organizations are available at: OHCHR | Special Rapporteur on
Democratic People´s Republic of Korea and https://seoul.ohchr.org/EN/Pages/HOME.aspx.