A/HRC/25/CRP.1
I. Introduction
1.
On 21 March 2013, at its 22nd session, the United Nations Human Rights Council
established the Commission of Inquiry on Human Rights in the Democratic People’s
Republic of Korea (DPRK). Human Rights Council Resolution 22/13 mandated the body to
investigate the systematic, widespread and grave violations of human rights in the DPRK,
with a view to ensuring full accountability, in particular, for violations that may amount to
crimes against humanity.1
2.
Among the violations to be investigated were those pertaining to the right to food,
those associated with prison camps, torture and inhuman treatment, arbitrary detention,
discrimination, freedom of expression, the right to life, freedom of movement, and enforced
disappearances, including in the form of abductions of nationals of other states.
3.
On 7 May 2013, the President of the Human Rights Council announced the
appointment of Michael Kirby of Australia and Sonja Biserko of Serbia, who joined
Marzuki Darusman of Indonesia, the Special Rapporteur on the situation of human rights in
the Democratic People’s Republic of Korea, to serve as the members of the Commission of
Inquiry on Human Rights in the DPRK. Mr Kirby was designated to serve as Chair. The
Commissioners, who served in a non-remunerated, independent, expert capacity, took up
their work the following month. The Commission of Inquiry was supported by a Secretariat
of nine experienced human rights officials provided by the High Commissioner for Human
Rights. Once appointed, however, the Secretariat worked independently of the High
Commissioner for Human Rights.
4.
This report builds upon the oral updates which the Commission of Inquiry provided
in accordance with Resolution 22/13 to the Human Rights Council in September 2013 and
to the United Nations General Assembly in October 2013.
5.
The Commission implemented the mandate entrusted by the Member States of the
Human Rights Council bearing in mind the Council’s decision to transmit the reports of the
Commission to all relevant bodies of the United Nations and to the United Nations
Secretary-General for appropriate action.
II. Mandate and methodology of the commission of inquiry
A.
Origins of the mandate
6.
The adoption of Resolution 22/13 marked the first time that the Human Rights
Council had established a commission of inquiry without a vote. It follows resolutions
adopted in 2012 without a vote by the General Assembly and the Human Rights Council
that expressed deep concern about the persisting deterioration in the human rights situation
in the DPRK.2
7.
Leading up to the adoption of Resolution 22/13, United Nations human rights
entities, including the Special Rapporteur on the situation of human rights in the
Democratic People’s Republic of Korea, a number of Member States, and several civil
society organizations, including human rights groups set up by persons who had fled the
DPRK, had called for the establishment of an inquiry mechanism. The report of the Special
Rapporteur on the situation of human rights in the DPRK to the 22nd session of the Human
1
2
A/HRC/RES/22/13.
Human Rights Council resolution 19/13 and General Assembly resolution 67/151.
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