A/ HRC/46/51
an official letter to the Democratic People’s Republic of Korea and to the Republic of Korea
requesting further information about the case. The Special Rapporteur has received a
response only from the Republic of Korea. The Democratic People’s Republic of Korea must
hold those responsible to account, compensate the family of the official and review State
policy on dealing with alleged trespassers. The Republic of Korea should also provide all
available information on the incident and urge the Democratic People’s Republic of Korea
to comply with its international obligations.
37.
Several cases of severe punishment against those breaking anti-epidemic prevention
measures were reported by media. In December 2020, a man in his 50s who was allegedly
involved in illicit trade with China was reportedly publicly executed. In November 2020, two
border guard officers and two rank-and-file soldiers allegedly involved in smuggling were
reportedly executed. The same month, a high-profile moneychanger was allegedly executed
in Pyongyang. A new detention facility for those violating COVID-19 quarantine measures
was reportedly built in North Hwanghae province. The situation of prisons in the Democratic
People’s Republic of Korea, including political prison camps, remains of the utmost concern,
as reflected in the latest OHCHR reports.45 The COVID-19 situation has increased the
vulnerability of people in detention. Detainees in the country rely on family visits to access
decent food and medical care;46 however, families are currently unable to visit them due to
COVID-19. On the occasion of the 75th anniversary of the foundation of the Workers Party
of Korea, on 10 October 2020, the Government reportedly released 7,000 prisoners under a
general amnesty.47
38.
The Special Rapporteur recommends that the Government follow the joint guidelines
of the United Nations Office on Drugs and Crime (UNODC), the WHO, the Joint United
Nations Programme on HIV/AIDS (UNAIDS) and OHCHR on COVID-19 in prisons and
other closed settings48 and abide by the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules). The Special Rapporteur also
recommends that OHCHR organize an international conference on prisons in the Democratic
People´s Republic of Korea to develop comprehensive programs to improve the situation by
opening access for monitoring and building national capacity. Such discussions should be as
broad-based as possible, including UN agencies working inside the Democratic People’s
Republic of Korea, civil society organizations, relevant UN human rights mechanisms
including treaty bodies and special procedures, member states, international organizations
and detainees and their families.
39.
Prolonged COVID-19 prevention measures have resulted in a drastic decline in trade
and commercial activities and severe economic hardship to the general population, causing
increased food insecurity. According to the United Nations Food and Agriculture
Organization, the prevalence of undernourishment in the Democratic People’s Republic of
Korea was more than 45 per cent prior to the pandemic between 2017 and 2019.49 Concerns
remain that restrictions on trade with China, limited market activities, lack of humanitarian
support to affected populations, ongoing implementation of sanctions and damage to
agriculture caused by typhoons and floods in August and September 2020 could lead to a
serious food crisis. Deaths by starvation have been reported, as has an increase in the number
of children and elderly people who have resorted to begging as families are unable to support
them.
40.
Humanitarian operations inside the country have nearly come to a halt and only three
international humanitarian workers (two UN and one NGO staff) currently remain inside the
country. International organizations such as International Committee of Red Cross and
International Federation of Red Cross and Red Crescent Societies have no international
personnel in the country. Humanitarian agencies are unable to carry out on-site assessment
45
46
47
48
49
14
A/HRC/46/52; OHCHR Seoul report “I still feel the pain…”, July 2020.
OHCHR Seoul report “I still feel the pain…”, July 2020, pp. 45-7, 67.
North Korea Releases 7,000 Prisoners, Orders People to Provide for Them — Radio Free Asia
(rfa.org).
See www.ohchr.org/Documents/Events/COVID-19/20200513_PS_COVID_and_Prisons_EN.pdf.
http://www.fao.org/3/cb2895en/CB2895EN.pdf.