A/75/388
(m) Recognize the fundamental right to leave and enter the country, both
in law and in practice, and ensure that those who are repatriated are not
subjected to punishment upon repatriation;
(n) Engage with the Republic of Korea to restart reunions of separated
families;
(o) Establish accountability mechanisms in the country in line with
international human rights standards to demonstrate accountability for human
rights violations;
(p) Initiate a process of dialogue with the Special Rapporteur on the
situation of human rights in the Democratic People’s Republic of Korea and
invite him to visit the country.
51.
The Special Rapporteur recommends that the Republic of Korea:
(a) Put on hold the ongoing inspection and administrative audits of civil
society organizations working on human rights in the Democratic People’s
Republic of Korea and on the resettlement of escapees in the Republic of Korea,
and agree on acceptable measures to improve transparency and protect civic
space;
(b) Integrate human rights into negotiations with the Democratic People’s
Republic of Korea;
(c) Engage with the Democratic People’s Republic of Korea to realize the
reunion of separated families;
(d) Implement the North Korean Human Rights Act passed by the
National Assembly of the Republic of Korea in 2016, including the establishment
of the North Korean human rights foundation;
(e) Continue its efforts to provide protection to people escaping from the
Democratic People’s Republic of Korea in third countries;
(f) Ensure that a human rights-based framework is integrated into
possible economic and humanitarian cooperation with the Democratic People’s
Republic of Korea;
(g) Facilitate people-to-people exchanges with the Democratic People’s
Republic of Korea by lowering restrictions on freedom of communication.
52.
The Special Rapporteur recommends that China:
(a) Apply the principle of non-refoulement to individuals from the
Democratic People’s Republic of Korea who are at risk of serious human rights
violations upon repatriation;
(b) Consider adopting a legal and policy framework for citizens of the
Democratic People’s Republic of Korea who live in China or who transit through
its territory that would allow them to seek asylum or to apply for settlement in
countries of their choice;
(c) Consider adopting a legal and policy framework to protect victims of
human trafficking in China, in particular women and children, that would allow
for access to health care and education, among other basic services;
(d) Grant permission to the staff of the Office of the United Nations High
Commissioner for Refugees to travel to relevant border areas to enable escapees
from the Democratic People’s Republic of Korea to access their right to seek
asylum from persecution.
20/21
20-13513