A/HRC/46/51
I.
Introduction
1.
This report seeks to highlight the importance of ensuring accountability for human
rights violations in the Democratic People’s Republic of Korea. It incorporates the views
submitted to the Special Rapporteur by civil society organizations and by the former
members of the commission of inquiry on human rights in the Democratic People’s Republic
of Korea. In this report, the Special Rapporteur aims to bring to the attention of the Human
Rights Council, along with the report of the Office of the High Commissioner for Human
Rights (OHCHR) to the Human Rights Council on promoting accountability in the
Democratic People’s Republic of Korea,1 that the United Nations and the international
community have to take decisive actions to bring justice and accountability for serious human
rights violations, including crimes against humanity, committed in the Democratic People’s
Republic of Korea. As a former Special Rapporteur on the situation of human rights in
Myanmar2, the Special Rapporteur has witnessed the consequences when the most serious
human rights abuses are forgotten and not properly addressed, despite noble intentions. The
Special Rapporteur recognizes the difficulty in finding solutions to entrenched human rights
problems in complex circumstances. However, human rights is axiological - not only victims
but also perpetrators are entitled to human rights, and “recognition of the inherent dignity
and of the equal and inalienable rights of all members of the human family is the foundation
of freedom, justice and peace in the world”.3
2.
The COVID-19 pandemic has compromised the exercise of all human rights and has
reminded us of our fragile nature. In this report, the Special Rapporteur assesses the
implications of the COVID-19 pandemic in the Democratic People’s Republic of Korea. To
date, no cases have been confirmed according to the authorities, which is in part due to the
Government’s proactive efforts on prevention. However, drastic containment measures have
resulted in a number of concerning consequences that further isolate the people of the
Democratic People’s Republic of Korea from the outside world. The country has been
isolating itself from social, political, economic and diplomatic engagements, including with
the United Nations. The authorities have reinforced the doctrine of the juche idea, a political
aim that the Democratic People’s Republic of Korea seeks based on the principle of
sovereignty, but adjustments and corrections are required when these measures impact on
sensitive aspects of the universal human rights system upheld in the Charter of the United
Nations, including the need to cooperate and engage on human rights issues.
3.
The Special Rapporteur regrets that the Government of the Democratic People’s
Republic of Korea continues to oppose his mandate and does not respond to his requests to
visit the country. Owing to travel restrictions, he has not been able to undertake any official
missions to the Republic of Korea or neighboring countries since his visit to Japan from 2 to
4 December 2019 and to Thailand from 28 to 29 November 2019. The Special Rapporteur
instead held a series of online meetings with victims of human rights violations, their family
members, civil society organizations, United Nations agencies, governments and media.
Whereas accountability satisfies the right to justice and helps to deter further abuses,
cooperation and engagement create the conditions for a substantive and meaningful
improvement in human rights. This provides fertile ground to cultivate peace in the Korean
Peninsula that not only the people of both Koreas, but also neighboring countries and the
whole world, deserve and demand. For these reasons, the Special Rapporteur continues to
uphold a two-track approach of engagement and accountability in his mandate.
II.
Political and security situation
4.
The inter-Korea joint liaison office in the Kaesong Industrial Zone was demolished
by the Democratic People’s Republic of Korea in June 2020.4 The office was opened in 2018
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A/HRC/46/52.
Tomás Ojea Quintana was the Special Rapporteur on the situation of human rights in Myanmar from
2008-2014.
Preamble of the Universal Declaration of Human Rights.
North Korea demolishes inter-Korean liaison office at Kaesong | NK News.
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