Human Rights Violation of North Korean Refugees - Essay Example

?North Korean Refugees Introduction After Korea was divided into the northern and the southern territories, various North Koreans have defected to different countries, including South Korea, Japan, Mongolia, Russia, but most notably, China. These defectors have long been classified as refugees and as such, their status in their host countries has always been shaky and politically unstable at best. Issues related to human rights violation have also emerged and their status under international law as legal personalities have been persistent issues brought under the international courts. This paper shall primarily discuss human rights violations against North Korean refugees. It will first provide an overview of why these North Koreans became refugees in the first place. It shall then discuss how their refugee status has been evaluated under international law. A discussion on the discriminatory acts against these refugees will also be presented. North Korean domestic laws in relation to these refugees shall also be discussed. China’s response to accusations of negative treatment will also be presented. This paper is being carried out in order to establish a clear understanding of North Korean refugees and how their status has been managed under international laws. Body North Korean refugees have been leaving North Korea ever since the Korean War and their reasons have been as varied as their chosen host countries. For political, ideological, religious, and economic reasons, they have been seeking refuge in countries like China, Japan, Mongolia, Russia, the United States and South Korea1. North Korea is run through a centralised economic and political system with most aspects of their economy, from production to distribution being strictly controlled by the central government2. In other words, they exist strictly under a true socialist system. Economic and cultural diversity is not allowed and private enterprises are not allowed. This practice however has caused much hardship to the people, with their economic growth rates being very poor3. As a result, many North Koreans have resorted to defection. The preferred nation of defection for these refugees has been China mostly due to geographical reasons with North Korea being bordered by China and Russia to its north and South Korea to its south4. About 90% of its border is shared with China. China has tolerated some of these refugees to a certain extent, however, these refugees are primarily considered as nuisances, especially as these refugees often engage in problematic activities like stealing, human trafficking, forgery of passports, and organized crime5. The international legal resources which provide assistance to refugees include the UN Convention Relating to the Status of Refugees and the 1967 Protocol of such convention6. Refugees are defined as individuals fleeing their home country due to persecution of fear of being persecuted by reason of race, religion, nationality, or political opinion and due to these same reasons cannot find protection in his country7. The UN High Commissioner for Refugees is the UN agency which is concerned with the protection of refugees and other individuals displaced by conflicts and disasters. This agency ensures that the human rights of these refugees are protected. North Korean refugees are under the protection of this agency, however, throughout the years, these refugees have still experienced much hardship from their host countries8. Many of these refugees have suffered various human rights violations from their host countries. Women have been vulnerable to rape, prostitution, and forced marriages. Refugees who have made it to China are said to suffer from the constant threat of being discovered by authorities, and many of them are living in abject poverty or are working low paying menial jobs9. China’s response or policies towards North Koreans has mostly been negative. Although it is party to the Refugee Convention and Protocol, China has prevented the UNHCR access to these refugees, arguing that these refugees are economic illegal migrants and are not political refugees entitled to the protection of the UNHCR10. China has been insistent on the status of these refugees as illegal migrants and they have argued that the presence of these “migrants” is an internal matter where the UNHCR has no right to interfere11. China has also prevented any aid from being set-up by international agencies, including the UNHCR, mostly because they are suspicious of the motives of the UN in entering their country12. As a result, the UNHCR cannot provide assistance or gain first hand accurate information about the economic, political, social, and physical status of these refugees. China also has a bilateral agreement with North Korea to return any political refugees and those they deem to be illegal migrants to North Korea13. Although China has ignored this agreement, as it has tolerated the influx of these refugees into its borders, it has also allowed numerous deportations of refugees back into North Korea14. As a result, these refugees have continued to suffer from the unfavourable conditions in their country. Recently, a South Korean activist revealed that four refugees repatriated by China to North Korea were publicly executed, with others being sent to prison camps15. These prison camps now hold about 200,000 political prisoners and many of them have been repatriated by China to North Korea16. The Refugee Protocol which has also been signed by China also indicates that refugees must not be subjected to refoulement or expulsion17. This is a specific provision which has been repeatedly violated by China. Granting that North Koreans are crossing into China for economic reasons, economic hardships in North Korea can still be qualified under political persecution, especially when the government is denying the people sufficient access to resources and economic enterprises to support themselves and their family18. The most compelling reason for preventing the repatriation of these refugees to North Korea lies in the fact that they are already refugees sur place19. In other words, although, they may have left their home country for economic reasons which are less compelling reasons for seeking asylum, their return already places them in a vulnerable state and the fear of persecution is strong. Indeed, their return to North Korea has subjected them to persecution as some have been executed and others imprisoned. These conditions alone are human rights violations which merit international protection which under current conditions are not forthcoming. Aside from imprisonment, reports also indicate that these repatriated refugees have been subjected to torture, beatings, sexual violence, forced labour, forced abortion, and for those which have had associations with foreigners as missionaries or journalists, more stringent punishments have been imposed20. Conclusion North Koreans, who have sought fled their country due to political persecution and fear of persecution, have been labelled by international bodies as refugees. However, China has not joined this bandwagon. As majority of these refugees have sought protection in China, many of them have not met favourable conditions in their host country. Human rights violations have been persistent. The UNHCR has sought to improve the conditions of these people but has not been successful because of China’s refusal of UNHCR entry into the country. Considering all these elements, it can be concluded that North Korean refugees are subjected to human rights violations and are not being given adequate protection by international laws and by legitimate and appropriate UN agencies. These violations would likely persist until adequate measures are adopted by the UN and reasonable cooperation can be gained from China. References Agence France-Presse, ‘North Korea: Four refugees deported by China publicly executed,’ Death Penalty News, 2012, 14 July 2012, Citizens’ Alliance for North Korean Human Rights, ‘Legal Grounds for Protection of North Korean Refugees,’ Brookings University, 2010, retrieved 14 July 2012, Y. Chang, S. Haggard, and M. Noland, ‘Migration Experiences of North Korean Refugees: Survey Evidence from China,’ Peterson Institute for International Economics, 2008, retrieved 14 July 2012, M. Kim, ‘Escaping North Korea: Defiance and Hope in the World's Most Repressive Country,’ (UK: Rowman and Littlefield, 2010), p. 61 S. Ko, K. Chung, Y. Oh, ‘North Korean defectors: their life and well-being after defection,’ Ford Foundation, 2002, p. 3, retrieved 14 July 2012, D. Lee, ‘North Korean Human Rights: A Story of Apathy, Victims, and International Law,’ Stanford Journal of East Asian Affairs, 2004, vol. 4, no. 2, p. 106 R. Margesson, ‘North Korean Refugees in China and Human Rights Issues: International Response and U.S. Policy Options,’ Congressional Research Service, 2007, p. 7, retrieved 14 July 2012 T. Melito, ‘Humanitarian Assistance: Status of North Korean Refugee Resettlement and Asylum in the United States,’ (London: Diane Publishing, 2010), p. 16 U.N. High Commissioner for Refugees (UNHCR), 2001, retrieved 14 July 2012, United Nations Convention Relating to the Status of Refugees, 1951, Article 1A. Read More