HUMAN RIGHTS COMMITTEE STARTS EXAMINATION OF REPORT OF DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Human Rights Committee
72nd session
19 July 2001
Afternoon





Socialism Is People's Life and Soul, Delegation Says


The Human Rights Committee this afternoon started its examination of a second periodic report of the Democratic People's Republic of Korea with a Government delegation saying that the people were firmly convinced that socialism as practised in the country was their life and soul.

Introducing the report, Ri Chol, Permanent Representative of the Democratic People's Republic of Korea to the United Nations Office at Geneva, said the most heartbreaking obstacle to the Government’s human rights work was the division of the nation which had been forced by external forces. He said that the acute political and military confrontation between the Democratic People’s Republic of Korea and the Republic of Korea for more than half a century had inflicted an incalculable negative effect on the people's enjoyment of overall human rights and had caused unnecessary fratricidal confrontation in international fora.

Mr. Chol further said that the people of the Democratic People’s Repulic of Korea were masters of their own sovereignty and had chosen socialism as practised in their country. The people firmly believed in the socialist system as a result of their actual experience; there was neither exploitation nor oppression, and everyone led an equal life. Socialism was their life and soul.

Over the course of their consideration of the report, Committee members queried the delegation of the Democratic People’s Republic of Korea on such issues as the state of emergency; complaints mechanisms and the kind of complaints; the right to freedom of movement, particularly the right to travel abroad without permission; the level of gravity of crimes which could lead to death penalty; and the absence of human rights commissions as stipulated in the Paris Agreement, among other things.

The delegation of the Democratic Republic of Korea was also made up of Sim Hyong Il, Director of the Legislation Department, Presidium of the Supreme People's Assembly; Kim Yong Chol, Counsellor at the Central Public Prosecutor’s Office; Ri Gi Sun, Counsellor at the Central Court; Jong Song Il, Division Director, and Pak Dok Hun, Senior Researcher, Ministry of Foreign Affairs; O Chun Thaek, Official from the Cabinet Office; Jong Jong Duk, Interpreter; Kim Song Chol, Counsellor, and Kim Yong Ho, Second Secretary, Permanent Mission of the Democratic People’s Republic of Korea in Geneva.

The Democratic People's Republic of Korea is among the 148 States parties to the International Covenant on Civil and Political Rights and as such it is obligated to prepare periodic reports on how it was implementing the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Friday, 20 July, it will continue its consideration of the report of the Democratic People's Republic of Korea.

Summary of Report of Democratic People’s Republic of Korea

The second periodic report (document CCPR/C/PRK/2000/2) enumerates the administrative, legislative and judicial measures taken by the State to implement the Covenant on an article-by-article basis. It says that the sovereignty of the country resides in the workers, peasants, working intellectuals and all other working people. The State determines the political system and pursues economic, social and cultural development according to the wish and requirement of the people. It also makes an effective use of the national resources for the promotion of people's welfare.

The report said that all citizens enjoy equal rights in all spheres of state and public activity; they are ensured all the rights recognized in the Covenant without distinction of any kind, such as race, colour, sex, language. religion, political or other opinion. In addition, the Constitution guarantees the legal rights and interests of foreigners in its region; and human rights violations are relieved or compensated.

The laws in the Democratic People’s Republic of Korea guarantee equality of women with men in the economic, cultural, political and all other spheres of state and public life, the report notes; women enjoy the right to vote and to be elected on equal terms with men, the right to work and the right to inherit property and land and that such violation of the right of women as polygamy and the selling of women as a wife or a concubine was prohibited; and gender equality was also guaranteed by the country's Constitution. Women occupied 48.4 per cent of the total employment in the national economy.

With regard to the death penalty, the report says that it is imposed only for exceptionally serious crimes in strict accordance with the law. The death penalty is confined to five grave kinds of crimes -- conspiracy against the state power, high treason, terrorism, anti-national treachery, and international murder. Sentences of death are declared only by the Central Court and may be executed only with the approval of the Presidium of the Supreme People's Assembly of the Republic.


Introduction of Report

RI CHOL, Permanent Representative of the Democratic People's Republic of Korea to the United Nations Office at Geneva, said that not only had the Government legalized by law the human rights of all citizens, it had also enforced popular policies for the practical exercise and enjoyment of these rights. The laws did not allow social inequality, instability, exploitation of men by men and other sources of social evil. Every citizen enjoyed the benefit of free education, medical care and free supply of dwelling houses, and was ensured a job in conformity with his or her ability and aptitude.

One could not find unemployment, illiteracy, homelessness, nor such social troubles as collective violence, prostitution, or drug abuse in the Democratic People’s Republic of Korea, Mr. Chol said. The State was stable both politically and socially; however, the people had had a few difficulties and hardships in their enjoyment of their human rights during recent years. There had been a hostile manoeuvring by certain forces to isolate and suffocate the country; the unilateral political pressure, merciless economic sanctions and reckless military threats had greatly impeded the Democratic People’s Republic of Korea's efforts to improve the situation of human rights.

Mr. Chol said that the people of the Democratic People’s Repulic of Korea were masters of their own sovereignty and had chosen socialism as practised in their country. The people were firmly believed in their socialist system as a result of their actual experience, there was neither exploitation nor oppression, and everyone led an equal life. Socialism was their life and soul.

Mr. Chol continued to say that the Government of the Democratic People’s Republic of Korea would continue with its efforts to promote and protect human rights in conformity with the aspiration of the people and the ever growing demand of the society. The most heartbreaking obstacle to the Government’s human rights work was the division of the nation which had been forced by external forces. He said that the acute political and military confrontation between the Democratic People’s Republic of Korea and the Republic of Korea for more than half a century had inflicted an incalculable negative effect on the people's enjoyment of overall human rights and had caused unnecessary fratricidal confrontation in international fora.

The historical Pyongyang meeting and the 15 June North-South Joint Declaration issued last year had dissolved the mistrust and confrontation, and had opened the bright road to national reconciliation and reunification, the Permanent Representative said. Following the Declaration, dialogue, contacts, exchange and cooperation were being promoted in political, military, economic, cultural, humanitarian and other fields.

Mr. Chol said that the positive change showed that the Democratic People’s Republic of Korea and the Republic of Korea could solve their problems and could bring about national reunification for themselves once they sat together from the standpoint of national independence and great national unity. The Democratic People’s Republic of Korea respected the international human rights instruments and attached importance to the dialogue and cooperation with United Nations human rights bodies. It would discharge its obligations for the global respect of the rights and freedom of peoples under the ideal of independence, peace and friendship.


Discussion of Report

In response to the written questions prepared by Committee members beforehand, the delegation said that the International Covenant had been incorporated into domestic legislation and could be invoked before courts. However, there was no case in which the provisions of the Covenant were invoked in courts.

The delegation said that every body in the Democratic People’s Republic of Korea had the right to lodge complaints against any public servants with the highest body; the inquiry could be carried out once the petitions or complaints were received by the higher authorities; individuals were protected from any vengeful acts from the authors of violations of their rights; and those officials involved in such cases were either "criticised" or disciplinary measures were taken against them.

The first step taken after power was taken by the people was the distribution of land under the motto of "land to the tiler", the delegation said. People's committees were established to strengthen the sovereignty of the people and to implement the measures to a socialist system. Since 1948, the people had continued to exercise their political and social power without anyone telling them what to do from outside.

In order to solve the food problem, the Government had taken revolutionary measures in promoting the growth of various seeds and other vegetables, the delegation said. A number of animals were introduced to include as food and fishery activities were enlarged with more people employed in those activities. Small-scale industries were set up to produce food with the aim of reaching all the people in all places.

With regard to alleged disappeared persons, the delegation said that newspapers were used to find persons in the event they were reported missing by relatives, the delegation said. In 1995, when people disappeared because of the flood, the people's committees were able to identify those missing with the help of parents. In addition, the Government was caring for orphans and elderly people.

Acts of armed conspiracy against the State were among the serious crimes which were punished by capital punishment, the delegation said. In addition, high treason, terrorism, anti-national treachery and international murder were crimes also punishable by capital punishment. Between 1998 and 2000, there had been 15 death sentences handed down by courts, out of which 13 were carried out while two were commuted. No execution was carried out in public, except for one case in 1992, when, at the demand of the people, a person who committed a brutal crime against his grandparents was executed in public.

The delegation said that cases of acts of torture were rarely reported and if found the perpetrators were punished severely. In 1999, there had been one case of torture and the author had been punished. Two other cases of torture had been reported in 2000 and the perpetrators were repressed legally.

In the country, there were only reform institutions to hold law offenders, and the allegation that there were secret "prison camps" was sheer slander created by the enemies of the country, the delegation said. In 2000, there were 1,426 inmates in the reform institutions who were confined for acts of stealing State properties, smuggling and other crimes. The average period of confinement was three years.

The delegation said that the allegation that compulsory labour was practised in the country was unfounded. There was no forced labour with regard to public work projects as alleged by some quarters.

The principle of presumed innocent was respected against any suspect under pre-trial custody, the delegation said. The suspect was entitled legal counsel and relatives were informed about the person's detention. The Republic had no preventive detention system.

The right to freedom of movement was guaranteed to all persons residing in the Democratic People’s Republic of Korea, the delegation said. The number of people leaving the country with visits had increased each year; in 1998, 17,440 Koreans were allowed to leave while 65 demands were dismissed because of the absence of consent from the countries of destination. In 1999, 29,875 were able to travel while 102 were refused entry to the countries of destination. In 2000, 30,650 Koreans travelled abroad. Permission for travel should be granted by citizens' committees.

Following the response of the delegation, a number of Committee Experts raised a series of questions. An Expert said that the report was rudimentary and did not contain information which reflected the internal social situation; the society continued to be a closed vis-a-vis the outer world; and the Committee lacked information which might have been provided to it by a number of non-governmental organizations (NGOs). Another Expert also asked if NGOs organizations were working in the field of human rights promotion and protection.

The delegation was asked to elaborate on the conditions in which an arrest was made by police, and the period between the suspect's detention and his appearance before the judge.

Other Committee members also put questions on such issues as the state of emergency; complaints mechanisms and the kind of complaints; the right to freedom of movement, particularly the right to travel abroad without permission; the level of gravity of crimes which could lead to the death penalty; and the absence of human rights commissions as stipulated in the Paris Agreement.




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