A/HRC/25/CRP.1
talks, the new administration’s experience in negotiating with the DPRK has yielded mixed
results. While the Kaesong Industrial Complex was reopened in September 2013 after
marathon rounds of talks, family reunions organized for the national Chosuk (Harvest
Festival) holiday were abruptly cancelled by the DPRK, after having raised the hopes of
long separated and mostly elderly family members on different sides of the Korean border.
Following Kim Jong-un’s 2014 New Year’s address urging the ROK to “put an end to
slander and calumny that brings no good to either side” and his offer to “join hands with
anyone who opts to promote inter-Korean relations…regardless of his or her past”,
President Park proposed resumption of temporary family reunions for the Lunar New Year.
The proposal was rejected by the DPRK.
162. The Commission recalls that the Korean War has not been concluded. In 2013, 85
year-old United States citizen Merrill Newman, a veteran who fought in the Korean War,
was arrested and detained for over one month in the DPRK. This event again highlights the
sensitivities over the Korean War that remain in the DPRK. Resolution of this conflict may
need to be part of any process that integrates the DPRK into the international community as
a responsible nation-state that respects the human rights of its own people. Likewise, the
DPRK has continued to express discontent over the colonial occupation. These matters
similarly require attention as part of that process. Pursuing gradual progress on these
matters should not detract from the Democratic People’s Republic of Korea's obligations
under international law that it must immediately implement.
IV. Findings of the commission
A.
Violations of the freedoms of thought, expression and religion
163. Article 18 of the International Covenant on Civil and Political Rights (ICCPR)
provides for the right to freedom of thought, conscience and religion. The Commission
considered this provision along with article 20 of the ICCPR when assessing the allegations
of human rights violations regarding the indoctrination of the DPRK people by the state. It
is noted that article 14 of the Convention of the Rights of the Child (CRC) further provides
the same right to freedom of thought, conscience and religion specifically for children.
164. When looking at the extent the DPRK people are able to freely express their
opinions, access information and join associations, the Commission is guided by articles 19
and 22 of the ICCPR as well as articles 12, 13, 15 and 17 of the CRC.
1.
Indoctrination, propaganda and the related role of mass organizations
165. The population of the DPRK is indoctrinated from a young age in accordance with
the single state ideology and the Ten Principles as sustained by the Supreme Leader and the
Workers’ Party of Korea to such a degree that it not only infringes on the freedom to seek
and receive information as article 19 of the ICCPR and article 17 of the CRC envisage, but
it also supresses the emergence and development of free thought and conscience, which is
protected by article 18 of the ICCPR and article 14 of the CRC. The Human Rights
Committee has commented that the latter right is far-reaching and profound, and
encompasses freedom of thought on all matters. The fundamental character of these
freedoms is also reflected in the fact that this provision cannot be derogated from, even in
times of public emergency.119
119
General Comment No. 22, para. 1 (CCPR/C/21/Rev.1/Add.4).
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