RES/16/8 Situation of human rights in the Democratic People’s Republic of Korea

GE.11-12527

Human Rights Council Sixteenth session Agenda item 4 Human rights situations that require the Council’s attention

Resolution adopted by the Human Rights Council*

16/8 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 Human Rights Council and the General Assembly on the situation of human rights in the Democratic People’s Republic of Korea, including Council resolution 13/14 of 25 March 2010 and Assembly resolution 65/225 of 21 December 2010, and urging the implementation of those resolutions,

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

Recalling Human Rights Council resolutions 5/1, on institution-building of the 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,

Welcoming the reports submitted by the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea,1 and urging the implementation of the recommendations contained therein,

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

* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of

the Council on its sixteenth session (A/HRC/16/2), chap. I. 1 A/65/364 and A/HRC/16/58.

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 for 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,

Expressing its serious concern at the refusal of the Government of the Democratic People’s Republic of Korea to articulate, by the time of the adoption by the Human Rights Council of the outcome report of its universal periodic review2 in March 2010, which recommendations enjoyed its support, and regretting the lack of action taken by the Democratic People’s Republic of Korea to date to implement the recommendations contained in that report,

Alarmed by the precarious humanitarian situation in the country, exacerbated by its national policy priorities,

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, including by ensuring access to adequate food,

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

Reaffirming the importance of States’ engaging fully and constructively with the universal periodic review process and with other mechanisms of the Human Rights Council for the improvement of their human rights situations,

1. Expresses its very 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 Human Rights Council resolution 13/14, 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 information necessary to enable him to fulfil his mandate;

5. Also 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, coupled with adequate monitoring;

2 A/HRC/13/13.

6. 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;

7. 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;

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

45th meeting 24 March 2011

[Adopted by a recorded vote of 30 to 3, with 11 abstentions. The voting was as follows:

In favour: Argentina, Belgium, Brazil, Burkina Faso, Chile, Djibouti, France, Gabon, Ghana, Guatemala, Hungary, Japan, Jordan, Kyrgyzstan, Maldives, Mauritius, Mexico, Norway, Poland, Republic of Korea, Republic of Moldova, Slovakia, Spain, Switzerland, Thailand, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Zambia

Against: China, Cuba, Russian Federation

Abstaining: Angola, Bangladesh, Cameroon, Ecuador, Malaysia, Mauritania, Nigeria, Pakistan, Qatar, Senegal, Uganda]