UN Special Rapporteur Urges "Humane Approach" Toward North Korean Refugees

Vitit Muntarbhorn, the UN Special Rapporteur for North Korean human rights, has urged all countries, including China, to take a humane approach toward those fleeing from North Korea, according to a February 6 Yonhap article (subscription required). Muntarbhorn told the Yonhap News Agency that the international community should recognize as "refugees" both North Koreans who flee for fear of persecution and those who flee for other reasons, but possess a well-founded fear of persecution upon return. Yonhap noted, "Although [Muntarbhorn] did not single out China for failing to protect the human rights of North Korean defectors, his remarks are expected to put pressure on the country, which is known to regularly round up and repatriate North Korean defectors."

In the Special Rapporteur's January 10 report to the UN Commission on Human Rights, Muntarbhorn emphasized the need to work with countries that neighbor North Korea to ensure that they abide by international law and provide the UN High Commissioner for Refugees with access to North Koreans seeking asylum. Under Article 33 of the 1951 Convention Relating to the Status of Refugees, states may not expel or force a refugee to return to a place where his life or freedom would be threatened on account of his race, religion, nationality, membership in a particular social group, or political opinion. The Special Rapporteur's report noted that throughout 2005, there were reports of "refoulement," or forced repatriation, of North Koreans who had sought asylum in neighboring countries. The report added that the refoulement took place without adequate guarantees of safety for the North Koreans.

According to Yonhap, most of the 300,000 North Koreans who have reportedly fled the country have gone to China. The State Department estimates that between 10,000 and 30,000 North Korean refugees are currently hiding in northeastern China. The Chinese government has denied the UN High Commissioner for Refugees access to North Koreans in the border regions. It classifies all North Koreans in China as illegal economic migrants and refuses to recognize them as refugees, even though the North Korean Penal Code criminalizes defection and subjects defectors who return to a minimum punishment of seven years labor reeducation. For more information on North Korean Refugees in China, see Section VII of the CECC's 2005 Annual Report.