COMMISSION OF INQUIRY ON HUMAN RIGHTS IN THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA

Questions and answers on the mission to Japan by the UN Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea

1. What’s the background of the UN commission of inquiry on human rights in the DPRK?

The establishment of the commission of inquiry (COI) in March 2013 by the UN Human Rights Council followed some important advocacy work in recent year by South Korean and international human rights NGOs as well by the UN Special Rapporteur on the situation of human rights in the DPRK, Mr. Marzuki Darusman. In mid-January of this year, UN High Commissioner for Human Rights Navi Pillay called for a full-fledged international inquiry into serious crimes that she said had been taking place in the Democratic People’s Republic of Korea for decades. Noting that both the Human Rights Council and the General Assembly had previously adopted strong, unanimous resolutions condemning the Government of the DPRK for systematic human rights abuses, the High Commissioner said it was now time to take stronger action, and that a very significant first step could be made by setting up an independent international inquiry. Under a resolution sponsored by Japan and the European Union, the commission of inquiry was approved by the UN Human Rights Council on March 22, 2013, at its 22nd session in Geneva. It was given a one-year mandate to investigate the systematic, widespread and grave violations of human rights in the Democratic People’s Republic of Korea with a view to ensuring full accountability, in particular for violations which may amount to crimes against humanity. On May 7, the Council announced the three members of the commission: Mr. Michael Kirby (Australia); Ms. Sonja Biserko (Serbia); and Mr. Marzuki Darusman (Indonesia). Mr. Kirby serves as chair of the commission, and Mr. Darusman remains as the Special Rapporteur on the situation of human rights in the DPRK throughout the life of the commission. The three members met for the first time on 1 July 2013 in Geneva. A separate biography of the three commissioners is available.

2. What issue is of particular concern in Japan?

The issue of abduction of Japanese citizens by the DPRK remains a sharp issue in Japan and a point of tension between the two states. In the mid-1970s and early 1980s, a number of Japanese were abducted by suspected agents of the North Korean government. Although the number of abductions is subject to debate, there are at least 17 acknowledged cases.

3. Is the UN pushing DPRK to provide more information on the reported deaths of some (12) of the abductees?

The COI cannot answer for the UN, as it is fully independent from it and from the Human Rights Council that has created it. The COI will make recommendations to the council and, therefore, to the UN. Any future course of action that the COI may decide to take in relation to this or other issues linked to its mandate will become clear in its final report to the Human Rights Council. At this early stage, the commission is in no position to comment on specific recommendations or actions that it may or may not embrace as result of its investigation. Nevertheless, the COI will be placing the evidence and conclusions before the United Nations and the international community.

4. Will the commission look into the issue of alleged abductions elsewhere, in Southeast Asia, for example?

The COI will look at any issue that has direct relevance to its mandate and, therefore, will surely examine alleged abductions elsewhere. Since the COI only became operational last month and will continue its work until the presentation of its final report to the Human Rights Council in March next year, it is impossible at this stage to anticipate the level of detail that this and other issues will be reflected in the analysis of the commissioners’ report. However, already in Seoul, evidence has been given about alleged cases of abduction in Korea and this evidence will be compared with that received in Japan.

END

21 August 2013

NOTE: For additional background, see also accompanying Q&A dated 16 August 2013.

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