COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS REPORT OF THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA

20.11.03

The Committee on Economic, Social and Cultural Rights has reviewed the second periodic report of the Democratic People’s Republic of Korea on how that country is giving effect to the provisions of the International Covenant on Economic, Social and Cultural Rights.
The report was introduced by Ri Tcheul, Ambassador and Permanent Representative of the Democratic People’s Republic of Korea to the United Nations Office and other international organizations in Geneva, who said that the country’s system of economic, social and cultural guarantees for the people was based on the leading principles of the State. Korean laws and regulations integrally defined the rights of citizens to material and cultural life, and they concretely regulated the conditions, means and methods to attain them.
Mr. Ri said that the economic and social development of citizens had been affected by the changes brought about by international politics and the disappearance of the socialist economy. Besides, manoeuvres of suppression by hostile forces against the country, the threat of military aggression, and the economic blockade had affected the population. The natural calamity that had hit the country successively since the middle of the 1990s had further aggravated the difficulties in the implementation of the economic, social and cultural rights of the people. A number of industrial installations had been flooded; and vast arable lands had been lost while houses had been completely destroyed.
The Government would actively cooperate with the international community in the effort to fully implement economic, social and cultural rights and to loyally discharge its international obligations through the principles of its foreign policy: independence, peace and friendship, Mr. Ri said.
Committee Experts raised a series of question on how the food shortage was being solved; if positive discrimination measures were carried out for women; on labour relations in the Socialist mode of production; the rights of trade unions and the rights to strike; the extent of the damage caused by the natural calamity that had affected the State party; the practice of forced labour; and trafficking in human beings, among other things.
Also representing the State party were Jong Chol Won, Deputy Director of the Legislation Department, Presidium of the Supreme People’s Assembly; Sim Hyong Il, Legal Councillor of the Central Court; So Se Pyong, Deputy Permanent Representative of the Democratic People’s Republic of Korea to the United Nations Office and other international organizations in Geneva; Pak Dok Hun, Director of Division on Human Rights, Department of International Organizations, Ministry of Foreign Affairs; Jong Yong Duk, Section Chief of the Legislation Bureau, Presidium of the Supreme People’s Assembly; Kim Won Ho, Adviser on Public Health Administration Policy, Ministry of Health; Kim Song Chol, Counsellor, and Kim Yong Ho, Second Secretary, Permanent Mission of the Republic in Geneva; and Chae Ryang Il, Counsellor, Embassy of the Democratic People’s Republic of Korea to the People’s Republic of China.
The Committee will make public its concluding observations and recommendations on the report of the Democratic People’s Republic of Korea at the end of its three-week session which will conclude on 28 November.
The Democratic People’s Republic of Korea is among the 148 States parties to the International Covenant and as such it is obligated to file periodic reports to the Committee on its efforts to implement the provisions of the treaty. A Government delegation was on hand during three meetings to present the report and to provide replies to queries put by the Committee Experts.
When the Committee reconvenes at 3 p.m., it will meet behind closed doors to discuss its concluding observations on the country reports which it has considered this session. At 10 a.m. on Friday, 21 November, the Committee will meet in public and will be addressed by acting High Commissioner for Human Rights Bertrand Ramcharan at 11 a.m.
Report of the Democratic People’s Republic of Korea
The second periodic report of the Democratic People’s Republic of Korea (E/1990/6/Add.35) provides information on the efforts of the State party to implement the provisions of the Covenant concerning the rights to work, to just and favourable conditions of work, to join a trade union, to social benefits, to family protection, to an adequate standard of living, to enjoyment of physical and mental health, to education, to compulsory education, and to take part in cultural activities.
Everyone in the country is entitled to work, the report says. The Socialist Constitution, the Socialist Labour Law and its enforcement regulations guarantee this right. Citizens have the right to work, and the Constitution provides for the freedom of choosing an occupation, the right to be provided with stable jobs and working conditions and the right to work according to ability and to be paid in accordance with the quantity and quality of the work done.
At present, the report notes, every person of working age works on his or her job, except students and dependent housewives. Unemployment or semi-unemployment is never found in the county where the public owns the means of production. The State assumes the responsibility and obligation to provide every citizen with a job and working conditions, and the gigantic construction of the economy and culture for national prosperity constantly needs labour.
The report also says that the universal 11-year compulsory education system has been introduced for children up to the age of 16. Law prohibits child labour, and the handicapped take jobs appropriate to their constitution and ability. The State provides women with every condition to participate in public life and to play a full role in society. Women with many children are entitled to special protection from the State.
The State has introduced the universal free medical care system, the report says. The State provides every citizen with the benefits of completely free medical service. The workers, farmers, working intellectuals and all the rest of the citizens have the right to free medical treatment. All citizens enjoy the benefit of free medical service irrespective of sex, occupation, place of residence, party affiliation or religious belief.
With regard to food, the report says that the State has introduced the policy of food to all working people. Rice is the staple food of the population. The State supplies the workers and office employees and their dependents with provisions at low prices. The State pays deep attention to the sufficient supply of foodstuff.
Presentation of Report
RI TCHEUL, Ambassador and Permanent Representative of the Democratic People’s Republic of Korea to the United Nations Office at Geneva, said that his country’s system of economic, social and cultural guarantees for the people was based on the leading principles of the State. Those principles were the ideas of Juché, created by President Kim Il Sung.
Based on the ideas of Juché, the Government considered the human being as a subject of rights and all problems related to the improvement of human rights should be in conformity with the interests of the masses, Mr. Ri said. Considering the masses as the masters of the State and the society and putting everything at their service was an essential characteristic of the system that guaranteed economic, social and cultural rights to the people. It was a system that ensured the rights under the Covenant to all citizens through legislation or in practice. The Korean laws and regulations integrally defined the rights of citizens to material and cultural life, and they concretely regulated the conditions, means and methods to attain them.
Mr. Ri said the State power and the means of production belonged to the people, and the realization of rights of all citizens was not the affair of the individual but it was a duty and responsibility of the State. The State, which was responsible for the lives of the people and the country, had adopted the supreme principle of its activities for the constant amelioration of the material and cultural lives of the workers. Each individual enjoyed all rights.
During the period under review, the State had paid a lot of attention to improve and develop juridical and institutional mechanisms aimed at guaranteeing the rights of citizens stipulated in the Covenant and in coping with the changing society, he said. In the course of the process, a number of achievements had been obtained. However, during the implementation of the provisions of the Covenant, the State had had to face challenges and difficulties that had enormously affected the people in the enjoyment of their rights under the Covenant.
Mr. Ri said that the economic and social development of citizens had been affected by the changes brought about by international politics and the disappearance of the socialist economy. Besides, manoeuvres of suppression by hostile forces against the Republic, the threat of military aggression, and the economic blockade had also affected the population. The natural calamity that had hit the country successively since the middle of the 1990s had further aggravated the difficulties in the implementation of the economic, social and cultural rights of the people. A number of industrial installations had been flooded; and vast arable lands had been lost while houses had been completely destroyed.
Concluding, Mr. Ri affirmed that his country respected the international conventions on human rights and attached great importance to a process of dialogue. It would collaborate with international organizations working in the field of human rights. The Government would actively cooperate with the international community in the effort to fully implement the economic, social and cultural rights of its people. It would loyally discharge its international obligations through the principles of its foreign policy: independence, peace and friendship.
Discussion
Following the introduction of the report by the head of the delegation, Committee Experts raised a number questions. An Expert asked about the rank of the Covenant within the domestic legal system; and about the establishment of a human rights institution to uphold human rights and to protect and promote those rights.
Another Expert said that major international non-governmental organizations (NGOs) did not have access to the country. The country also did not have national NGOs that could provide credible information to the international organizations and the Committee. On another issue, the Expert said that people were fleeing the country towards China because of the shortage of food in the country. When China returned those people, the Government considered them as “traitors”.
One Expert asked the delegation about the issue of class distinction in the country. She also said that women were not represented at the higher level of the State apparatus.
Another Expert, referring to the concluding observations of the Human Rights Committee on the issue of the independence of the judiciary in the Democratic People’s Republic of Korea, asked if the appointment of judges was still for five years. The law on complaints might allow redress in the event of violations of rights; however, there were no examples or court cases cited in the report. He urged the delegation to include such cases in the next periodic report.
An Expert asked how extensively the provisions of the Covenant were incorporated in domestic law. Responding to a question concerning the invocation of the provisions of the Covenant before courts, the State party had replied that since they were extensively incorporated in the national law, this did not necessitate for them to be invoked separately. He said that the State party was in favour of collective rights, but how could the State party reconcile the individual and collective rights under the Covenant?
Another Expert said that hardships seemed to hit the lower class of the society of the Democratic People’s Republic of Korea, particularly those living in the rural areas, which might suggest that discrimination was being practiced against those classified as lower classes.
The delegation was asked by an Expert to comment on the existence of an economic blockade which was still being exercised against the country. He also asked if individuals arrested by mistake could apply for compensation.
Another Expert asked about the role played by non-governmental organizations and if there were institutions promoting human rights. What activities were carried out to disseminate the provisions of the Covenant? On the independence and impartiality of the judiciary, the Expert stressed the concerns expressed by the Human Rights Committee in its concluding observations. What was the position of the State party on the drafting of the optional protocol to the Covenant?
One Expert asked if the atmosphere of openness with the Republic of Korea had had an impact on the people. Were the people provided with information and education concerning the dialogue with the south? Food distribution had been discriminatory, he said, adding that it did not target the priority groups. He wanted to know if food assistance was directed to the military instead of the intended groups of children and women. The 1943 Constitution provided for equality between men and women; was there any change in the participation of women in the decision-making process. Even in the family, women had inferior positions. Why was the improvement of the position of women considered as a “bourgeois” aspiration.
Another Expert asked if there was a trade union of judges in the country. What judiciary ranks existed in the justice system?
Responding, the delegation said that the Committee was using information supplied by some NGOs which was fabricated and unreliable and did not reflect the real situation in the country. It would be insulting if the members of the Committee continued to use this information. The members of the delegation were ready to cooperate with the Committee and provide all the necessary information.
Reacting, the Chairperson of the Committee said that the mandate of the Committee was to monitor the implementation of the Covenant and to assist the State parties.
The delegation said that within the country’s national law, the provisions of the Covenant had prevalence in the event of a conflict between domestic and international laws. The legal system encouraged people to lodge complaints, and there was a special law on how to complain and obtain redress by victims of the violation of their human rights. People were awarded compensation according to the civil procedure code.
There were some human rights institutions in the country, the delegation said, adding that some of them were independent.
Amnesty International had visited the country and had been able to visit prisons and other areas of concern, the delegation said. Other organizations and Special Rapporteurs had also been able to visit the country.
Koreans who went to China illegally and returned or were repatriated were not considered as traitors, the delegation said.
The Covenant had been translated into Korean and had been disseminated widely, the delegation said. The day of the adoption of the Covenant was celebrated, which gave the opportunity to spread news of the Covenant through the radio and other mass media. The treaty was also taught at the university level.
A number of organizations and individual countries had been supplying the country with myriad assistance, the delegation said. A number of UN agencies were also operating in the country. When the food was discharged from the ships, it went directly into the hands of the organization charged with its distribution.
The Government attached great importance to human rights education, the delegation said. In schools, human rights teachings were provided with the teaching of social and political subjects. Per semester, 12 to 24 teaching hours were devoted to the teaching of human rights.
On the question of classification of the population, the delegation said that this allegation was a sheer lie. It would be unthinkable to divide the people into classes. Those who raised questions about classification of the Korean people were not aware of the reality in the country.
The Government was proud of the equality between men and women in the Democratic Republic of Korea, the delegation said. However, at the legislative level, some improvements could still be made. At present, there were three female deputy ministers, as well as high-ranking women officials in all ministries. Women were absent at the cabinet level.
People were encouraged to use the complaints and petitions mechanisms that were made available to them, the delegation said. With regard to collective and individual rights, the delegation said that they were intertwined.
An Expert recalled that Amnesty International had been given the opportunity to visit the country twice while other organizations had been unable to enjoy the same opportunity. The country had an observer status with the International Labour Organization but it was not yet a member. Why was that? With regard to minimum wage, could an individual pay his house rent or afford leisure activities on minimum wage? Were there different trade unions? The Expert noted that heavy penalties were stipulated if the activities of trade unions involved State security.
On the issue of forced labour, another Expert said that in the Democratic Republic of Korea, if a person refused to work, he or she were forced to work. What was the notion of forced labour? Did children work in agricultural activities? Were prisoners forced to work?
Responding, the delegation said that the authorities were studying the issue of joining the ILO as a full member.
On freedom of choice of occupation, the delegation said that under the existing socialist system, there were no separate employment requirements. Although there were different sectors of the economy, employees joining the institutions were interviewed and then joined the labour force.
On the issue of employment contracts, the delegation said that the economic system in the Democratic People’s Republic of Korea did not have employers and employees. The socialist mode of production did not require employment contracts – all workers were equal and the means of production belonged to them.
There was no discrimination in salaries between men and women, the delegation said, adding that equal wage was paid for the same work performed by men and women.
In the Democratic People’s Republic of Korea, there were two kinds of trade unions: industrial and agricultural unions, the delegation said. Trade unions in the country were based on the socialist characteristics. Before socialism was accepted as a mode of production, labour was based on employer and employee relations. At present, industrial relations were based on worker-to-worker relationships. Workers and office employees, as well as members of political parties, could become members of trade unions. Cultural, recreational and educational activities were carried out by trade unions. There were different trade unions according to the crafts.
On the issue of forced labour of children, the delegation said that no form of forced labour existed in the country. Child or adult forced labour was eradicated 60 years ago. Participation of children in certain forms of production could not be considered as forced labour. In certain centres, criminals were rehabilitated through labour, which was part of the penalty. That might be called “forced labour” or “obligatory labour” because of the conditions in which the prisoners carried out the work.
The State was responsible for the protection of workers, and that social security system was applicable for workers who were incapacitated for long periods, the delegation said. The funds for social security purposes were provided by the State. There was no discrimination in the system of protection of workers concerning the supply of social benefits.
Concerning labour discipline, the delegation said that there were various kinds of penalties depending on the incident. Other than administrative disciplinary measures, criminal procedures might be initiated if the incident was serious.
In follow-up questions, a Committee Expert reminded the members of the delegation that his question on minimum wage had not been answered. It was also difficult to know if unemployed persons had access to work opportunities. What was the notion of unemployment in the Korean society? Although the delegation did not fully accept the existence of forced labour, the fact that an individual was doing work that he did not choose was forced labour.
Did the Government take measures such as positive discrimination to promote the rights of women, an Expert asked? The Government should make more efforts to allow women to have access to high decision-making posts.
Responding, the delegation said that recently, the Government had taken measures concerning new economic management on an experimental basis, which had implied salary modifications for employees. In the branches of light industries, a new recruit had to go through an apprenticeship period before becoming a full-fledged employee. The salary paid to an employee was sufficient to cover the daily and monthly expenses. The price of food, as well as house rent was not high; and medical care was free of charge.
Since workers were the masters of their factories and the means of production, they were not expected to strike against themselves, the delegation said. The workers managed the factories and adopted any decisions that concerned their conditions and the factory itself.
An Expert said that marriages not registered with the State were considered as null and void. In that case, what was the status of children born out of wedlock? What was the quality of the health services which were provided to the population, another Expert asked.
An Expert said that according to reports he had received, some 6.5 million people were suffering from hunger and famine in the Democratic People’s Republic of Korea. Four out of 10 children were suffering from malnutrition. What measures had been taken by the State party to reverse this situation?
Another Expert said that land in the State party had been eroded by natural calamities, which was a concern to the Committee. What had the Government done to rehabilitate the land? With regard to HIV/AIDS, clear figures had not been indicated. Since the State party had set up a committee to fight the disease, information should be made available on the manner the disease was spreading and the groups that were most affected by it.
Referring to the food crisis between 1995 and 1998, an Expert said that 3.5 million people had apparently died. The information received from the State party was not clear and the delegation should provide further explanations on the issue. Also, the State party was not willing to recognize that trafficking in human beings existed in the country. What measures were being taken to reduce the level of domestic violence and the mistreatment of women in general?
Did the Korean authorities limit the consumption of tobacco and alcoholic beverages, asked another Expert. Were advertisements on those products allowed in public places?
In response, the delegation said that children born out of wedlock had the same rights as other children born within marriage.
There was not a single individual affected by HIV/AIDS in the country, the delegation said. The sexual conduct between a wife and husband did not allow the spread of any infection in the society. The Government was aware that it should take strict preventive measures against the disease. In addition, sanitary education had been widely strengthened at all levels. Those who returned home after a long stay abroad underwent thorough medical examinations.
The delegation said that it was not true that 3.5 million persons had died from famine. Taking into consideration the population growth of 1.5 per cent, one would have observed a decrease in the total population, which was not the case. The rate of malnutrition had gone down to 10.4 per cent in 2000 from the previous years.
The construction of hydro-electricity power stations had helped to produce enough electricity to supply power to each household, the delegation said. However, the country still needed the cooperation of the international community in its effort to increase the production of electricity.
The protection of the rights of disabled persons had been in the law books for quite some time now, the delegation said. In practice, disabled persons enjoyed their rights.
The battering of a wife might entail criminal procedures against the perpetrator, the delegation said.
The civil status officials should recognize any marriage, the delegation said, adding that a marriage over marriage, marriages between same sexes and kinships up to the third cousin were not allowed.
There were food distribution centres in many parts of the country and people received an annual ration, the delegation said. The problem of food shortages had persisted, but there had been some improvement in recent months.
Committee Experts asked more questions concerning health issues, in particular, what measures were being taken to improve the reproductive health area, and what was the status of unmarried couples.
Responding, the delegation said that the social and legal recognition of any marriage was important in the society. If a man and a woman lived together, this might not be legally recognized if the State officials did not enter the marriage in the official registry.
The country’s food problems were now being partially solved, the delegation said. Because of the mountainous nature of the land and the erosion of the arable land, the problem of food production had been complicated. However, the Government had now laid down a large-scale project to improve the agricultural sector. Industrial crop farming and fishing would be developed. The Government had been achieving tremendous results in producing seeds which would be sown in particular lands that had been unproductive in the past. Since the country had limited arable land, the new project would allow the harvesting of more tons of seeds in less hectares of land. Potato farming was also being developed using a modern mode of production already experimented by some European countries. And the State was applying skills to expand irrigation systems that might help farmers to irrigate their farms throughout the year.
For the development of industrial and agricultural installations, the building and expansion of hydro-electricity power stations was essential, the delegation said. The State had short- and long-term projects concerning the expansion of electricity. The people of Korea had high spirits while solving problems and challenging hard times. During his lifetime, Kim Il Sung used to say that if people wanted they could even have heaven in their hands. Every citizen devoted his life for the good of his or her country.
Natural disasters did not affect everyone on an equal footing, the delegation said. Because of that, not all Koreans lived the same life. However, it was not a case of the “rich getting richer and the poor getting poorer” because that notion did not exist in the country. The standard of living of persons was determined by the work done and the revenue received by the individuals.
Since 1993, there had been a decrease in the rate of birth among the population, the delegation said. The decrease had been attributed to the economic blockade by external hostile forces and the natural calamity that had affected the country.
Traditionally, women and children did not smoke in the society, the delegation said. Only men were addicted to cigarettes, which was considered to be harmful to their health. By legislation, smoking was restricted to small corners of public places, while its dangerous effects had been publicly advertised by the State.
Responding to questions raised by Committee Experts, the delegation said that without education, the development of the State would not be possible. Many of the universities in the country had research departments on education. They also carried out comparative studies on the methods of teachings designed by different countries in the world. The results of the research were utilized in the process of improvement of the teaching system and the curriculum in the State educational system.
Since 1972, the State had imposed, through a law, an 11-year compulsory education for all, the delegation said. Special programmes were conducted to help students lagging behind their studies or those who failed their examinations. Such a method had been found to be helpful to allow students to complete their 11-year education.
Asked about the State party’s international cooperation in education, the delegation said that under its bilateral exchange programmes, the country was sending students on scholarships to China, the Russian Federation and to some European countries. It also received foreign scholars to participate in some of its universities.
On cultural activities, the delegation said that every citizen enjoyed the right to cultural activities organized regionally, at the workplace or at communal levels. Workers organized cultural activities on a regular basis, including plays and film shows. For children, extra-curricula activities were organized either in their schools or in their neighbourhoods.
During the periods of natural disaster, the United Nations Children’s Fund (UNICEF) and the World Food Programme, among others, had been involved in taking care of school children whose educational programme had been interrupted. School attendance had been reduced to about 80 per cent because of effects of the natural calamity. Some children had been found roaming around the cities; they were later returned to their schools. During the natural incident, the educational system continued to function despite some problems affecting school compounds.