RES/10/16 Situation of human rights in the Democratic People’s Republic of Korea

Human Rights Council

Tenth Session

Resolution 10/16. Situation of human rights in the Democratic People’s Republic of Korea

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other human rights instruments,

Recalling all previous resolutions adopted by the Commission on Human Rights, the Council and the General Assembly on the situation of human rights in the Democratic People’s Republic of Korea, including Council resolution 7/15 of 27 March 2008 and Assembly resolution 63/190 of 18 December 2008, and urging the implementation of those resolutions,

Bearing in mind paragraph 3 of General Assembly resolution 60/251 of 15 March 2006,

Recalling Council resolutions 5/1 on institution-building of the United Nations Human Rights Council, and 5/2 on the code of conduct for special procedures mandate holders of the Council, of 18 June 2007, and stressing that the mandate holder shall discharge his/her duties in accordance with those resolutions and the annexes thereto,

Bearing in mind the reports submitted by the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea (A/63/322 and A/HRC/10/18), and urging the implementation of the recommendations contained therein,

Having reviewed the mandate of the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea,

Deeply concerned at the continuing reports of systematic, widespread and grave violations of civil, political, economic, social and cultural rights in the Democratic People’s Republic of Korea and at the unresolved questions of international concern relating to the abduction of nationals of other States, and urging the Government of the Democratic People’s Republic of Korea to respect all human rights and fundamental freedoms fully,

Deploring the grave, widespread and systematic human rights abuses in the Democratic People’s Republic of Korea, in particular the use of torture and labour camps against political prisoners and repatriated citizens of the Democratic People’s Republic of Korea,

Deeply regretting the refusal of the Government of the Democratic People’s Republic of Korea to recognize the mandate of the Special Rapporteur or to extend full cooperation to him, and allow him access to the country,

Alarmed by the precarious humanitarian situation in the country,

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Reaffirming that it is the responsibility of the Government of the Democratic People’s Republic of Korea to ensure the full enjoyment of all human rights and fundamental freedoms of its entire population,

Recognizing the vulnerability of women, children, persons with disabilities and the elderly, and the need to ensure their protection against neglect, abuse, exploitation and violence,

1. Expresses serious concern at the ongoing grave, widespread and systematic human rights violations in the Democratic People’s Republic of Korea;

2. Commends the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea for the activities undertaken to date and his continued efforts in the conduct of the mandate, despite the limited access to information;

3. Decides to extend the mandate of the Special Rapporteur, in accordance with Council resolution 7/15, for a period of one year;

4. Urges the Government of the Democratic People’s Republic of Korea to cooperate fully with the Special Rapporteur and to permit him unrestricted access to visit the country and to provide him with all necessary information to enable him to fulfil his mandate;

5. Also urges the Government of the Democratic People’s Republic of Korea to engage fully and positively with the universal periodic review process in December 2009, with a view to improving the human rights situation through effective engagement with the international community;

6. Further urges the Government of the Democratic People’s Republic of Korea to ensure full, rapid and unimpeded access of humanitarian assistance that is delivered on the basis of need, in accordance with humanitarian principles;

7. Encourages the United Nations, including its specialized agencies, regional intergovernmental organizations, mandate holders, interested institutions and independent experts and non-governmental organizations to develop regular dialogue and cooperation with the Special Rapporteur in the fulfilment of his mandate;

8. Requests the Secretary-General to provide the Special Rapporteur with all assistance and adequate staffing necessary to carry out his mandate effectively and to ensure that this mechanism works with the support of the Office of the United Nations High Commissioner for Human Rights;

9. Invites the Special Rapporteur to submit regular reports on the implementation of his mandate to the Council and the General Assembly.

43rd meeting 26 March 2009

[Adopted by a recorded vote of 26 to 6, with 15 abstentions. The voting was as follows:

In favour: Argentina, Bahrain, Bosnia and Herzegovina, Burkina Faso, Cameroon, Canada, Chile, France, Germany, Ghana, Italy, Japan, Jordan, Madagascar, Mauritius, Mexico, Netherlands, Republic of Korea, Saudi Arabia, Slovakia, Slovenia, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay, Zambia;

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Against: China, Cuba, Egypt, Indonesia, Nigeria, Russian Federation;

Abstaining: Angola, Azerbaijan, Bangladesh, Bolivia, Brazil, Djibouti, Gabon, India, Malaysia, Nicaragua, Pakistan, Philippines, Qatar, Senegal, South Africa.]

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