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.