A/HRC/25/CRP.1 control over violations regarding traveling rules, and those found to have disobeyed this Act are subject to warnings, fines and penalties such as unpaid labour.465 376. The Neighbourhood Watch (Inminban)466 is further required to report the arrival of a traveller in a village or town. The traveller must also register with the local security agent upon arrival at the approved point of destination. As part of the citizen monitoring system breaks down due to economic hardship, bed check inspections are said to no longer be strictly enforced, and anyone caught can get away with a bribe. In practice, people increasingly by-pass the permit system by paying bribes at check points.467 • One witness, who resided in a non-border area, Chongjin, had used her friend’s citizen card to travel to the border area, Hoeryong, since her friend resided in a border area and the picture on the computer-issued card was blurry enough to look like her.468 • Another witness explained to the Commission that because of his work, he could move around the country. However, in order to travel officially, he needed approval from four different entities. When he needed to travel for personal reasons, he would simply bribe the officers with cigarettes.469 377. Similar to the restrictions on employment, the restrictions on the right to movement appear to be more limiting for men than women. The primary reason for this is the requirement for men to “check-in” with employers, even if their state-assigned organization is not functioning. Many women who are not gainfully employed by the state can go undetected for longer periods of time as compared to men. This is presumed to be one of the underlying reasons for the disproportionate number of women able to leave the country. 378. According to the Human Rights Committee General Comments, restrictions on the liberty of movement are only permissible under exceptional circumstances. Criteria for restrictions must be laid down in law and the law may not confer unfettered discretion on those charged with their execution. The restriction must be necessary to protect national security, public order (ordre public), public health, morals or the rights and freedoms of others. Restrictive measures must not impair the essence of the right and they must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected. In particular, the relation between right and restriction, between norm and exception, must not be reversed.470 379. The requirement of a travel permit to specific areas, where restrictions are necessary to protect national security (notably areas in the immediate vicinity of the Military Demarcation Line) may be considered a proportional measure. However, the Commission finds that the requirement of having to generally apply for a permit to travel to Pyongyang 465 466 467 468 469 470 106 KINU, White Paper on Human Rights in North Korea (2013), p. 234. See section IV.A on the Neighbourhood Watch. NHRCK, Seoul Public Hearing, 22 August 2013, afternoon; KINU, White Paper on Human Rights in North Korea (2013), pp. 22, 234-238. TAP008. TSH052. CCPR/C/21/Rev.1/Add.9, paras. 11, 13-14, and 16-17.

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