DEMOCRATIC PEOPLE S REPUBLIC OF KOREA

Transcription

1 DEMOCRATIC PEOPLE S REPUBLIC OF KOREA SUBMISSION TO THE UNITED NATIONS COMMITTEE ON THE RIGHTS OF THE CHILD 76 TH SESSION, SEPTEMBER 2017

2 Amesty Iteratioal is a global movemet of more tha 7 millio people who campaig for a world where huma rights are ejoyed by all. Our visio is for every perso to ejoy all the rights eshried i the Uiversal Declaratio of Huma Rights ad other iteratioal huma rights stadards. We are idepedet of ay govermet, political ideology, ecoomic iterest or religio ad are fuded maily by our membership ad public doatios. Amesty Iteratioal 2017 Except where otherwise oted, cotet i this documet is licesed uder a Creative Commos (attributio, o-commercial, o derivatives, iteratioal 4.0) licece. For more iformatio please visit the permissios page o our website: Where material is attributed to a copyright ower other tha Amesty Iteratioal this material is ot subject to the Creative Commos licece. First published i 2017 by Amesty Iteratioal Ltd Peter Beeso House, 1 Easto Street Lodo WC1X 0DW, UK Idex: ASA 25/6500/2017 July 2017 Origial laguage: Eglish amesty.org

3 CONTENTS INTRODUCTION 4 DIRECT COMMUNICATIONS BETWEEN SEPARATED FAMILY MEMBERS (ARTICLES 9, 10 & 13) 4 RISK OF SURVEILLANCE AND INTERFERENCE WITH PRIVACY AND FAMILY LIFE (ARTICLE 16) 5 ACCESS TO OTHER FORMS OF OUTSIDE INFORMATION (ARTICLES 13 & 17) 6 THE AIMS OF EDUCATION AND THE RIGHT OF THE CHILD TO CULTURAL LIFE AND THE ARTS (ARTICLES 12, 29 & 31) 7 RECOMMENDATIONS 8

4 INTRODUCTION Amesty Iteratioal presets this submissio i advace of the cosideratio, i September 2017, of the fifth periodic report of the Democratic Republic of Korea (DPRK, or North Korea) o the implemetatio of the Covetio o the Rights of the Child. This documet does ot reflect the full rage of cocers of the orgaizatio i terms of respect, protectio ad fulfilmet of childre s rights i DPRK, but it focuses i particular o the failure of the DPRK to uphold huma rights of childre as a result of its heavy restrictios o citizes freedom to seek, receive ad impart iformatio freely regardless of atioal frotiers. This freedom is a key compoet of the right to freedom of expressio (Article 13 of the Covetio), ad the deprivatio of such also affects the ejoymet of other rights by the child. I this cotext, this briefig also sets out Amesty Iteratioal s additioal cocers regardig the state party s failure to uphold the rights of childre to maitai persoal relatios ad direct cotact with parets they are separated from (Article 9(3)), icludig parets who live i a differet state (Article 10(2); the right to form ad express their views freely (Article 12); the right to privacy, correspodece ad family life (Article 16); the right to iformatio (Article 17); the right to educatio (Article 29); ad the right to rest, leisure, play ad participatio i cultural ad artistic life (Article 31). The fidigs i this submissio are based partly o Coectio Deied, a report released by Amesty Iteratioal i March 2016, which gives detailed evidece of the state s failure to esure the right to freedom of expressio (Article 19, ICCPR ad Article 19, UDHR) ad the right to be protected agaist arbitrary iterferece with privacy, family, home or correspodece (Article 17, ICCPR) as a result of these restrictios. 1 The DPRK exercises ear total cotrol over the iformatio exchage betwee North Koreas ad the rest of the world. All telecommuicatios, postal ad broadcastig services are state-owed, ad there is o idepedet media. The govermet s Propagada Departmet maitais cotrol over all televisio, radio ad ewspaper cotet. Through pervasive surveillace, both techological ad physical, as well as repressios ad itimidatio, the state also maitais cotrol over commuicatios i ad out of the coutry, icludig commuicatio betwee North Koreas uder the age of 18 ad family members from whom they are separated. The UN Geeral Assembly raised i a resolutio i December 2016 its very serious cocer regardig the all-pervasive severe restrictios, olie ad offlie, o the freedom of opiio ad expressio, the right to privacy ad equal access to iformatio, amog other huma rights. 2 Through this submissio, Amesty Iteratioal would like to highlight the fact that these restrictios as well as the associated surveillace also affect the rights of persos uder 18 residig i or origially from the DPRK, icludig i ways that may be distict from the geeral populatio. This is especially so for childre who are part of divided families that are separated as a result of oe or more members havig left the coutry without official permissio. DIRECT COMMUNICATIONS BETWEEN SEPARATED FAMILY MEMBERS (ARTICLES 9, 10 & 13) The state restricts commuicatios betwee family members who have left North Korea ad those who remai i the coutry i a way that uduly curtails the freedom to seek, receive ad impart iformatio regardless of atioal frotiers, which is part of the right to freedom of expressio (Article 13). The same restrictios also violates the right of childre to maitai regular persoal relatios ad direct cotact with their parets (Articles 9(3), 10(2)). The DPRK has kept the domestic ad iteratioal telephoe systems separate. Ladlie telephoes i offices ad households that are used for domestic calls do ot allow iteratioal callig. Although domestic mobile phoes were lauched i 2008 through a joit-veture betwee the DPRK ad a Egyptia compay ad soo became popular, they also oly allow calls withi the coutry. For most people, iteratioal ladlie phoes i some North Korea post offices are the oly way to make phoe calls out of the coutry legally. 3 These public phoes are ot a optio for childre who would like to call their parets who have left the coutry without official permissio ad/or are located i South Korea, ad vice versa, because they are 1 Amesty Iteratioal, Coectio Deied: Restrictios o mobile phoes ad outside iformatio i North Korea (Idex: ASA 23/3373/2016). 2 UN, Resolutio adopted by the Geeral Assembly o 19 December 2016: Situatio of huma rights i the Democratic People s Republic of Korea, UN Doc. A/RES/71/202, 26 Jauary 2017, para. 2(a)(v), 3 See Amesty Iteratioal, Coectio Deied (Idex: ASA 23/3373/2016) page 21 for details DEMOCRATIC PEOPLE S REPUBLIC OF KOREA SUBMISSION TO THE UN COMMITTEE ON THE RIGHTS OF THE CHILD 4 Amesty Iteratioal

5 moitored both for cotet ad destiatio. Although speakig o the phoe to idividuals outside DPRK is ot i itself illegal, idividuals could face serious charges if foud speakig to someoe i South Korea or other coutries that are labelled as eemies. 4 Childre over age 16 ad parets tryig to maitai direct cotact with their childre who have left their coutry through these phoes are at risk of beig imprisoed, icludig beig set to political priso camps, if charged i relatio to speakig with a perso i South Korea. While childre below age 14 are ot held crimially resposible for such offeces, childre betwee the ages of 14 ad 16 ca be set for social educatio if covicted. It is ot kow what type of educatio or puishmet is carried out i these facilities. 5 Due to restrictios o the cotet of commuicatios ad locatio of idividuals telephoed, callers i the DPRK are at risk of prosecutio ad detetio if foud makig calls to people outside the coutry. 6 Without a legal optio, they ca oly tur to a uofficial alterative. Chiese mobile phoes smuggled ito North Korea, which ca coect to Chiese mobile phoe etworks, are available as a result of the boomig iformal private grey market ecoomy, ad allow those located close to the Chiese border to commuicate privately with people outside the coutry. Fiacial barriers ca also impact o the child s right of maitaiig regular direct cotact with their parets, as these Chiese mobile phoes are ot affordable for every household. North Koreas who do ot ow oe of these phoes have o choice but to go through brokers who ow them i order to commuicate with their families. These brokers ordiarily facilitate cash remittaces ito the DPRK from family members outside the coutry, ad as part of this trasactio, they act as chaels of commuicatio amog family members. The fees charged by these brokers, however, are very expesive (typically a 30% commissio of a miimum cash remittace of USD900, or 1 millio South Korea Wo). These costs, together with the practical implicatios of havig to be close to the Chiese border physically ad udetected, mea this optio is ot a viable meas of regular direct cotact amog family members. Youg North Koreas, icludig those uder the age of 18 ad who have arrived i South Korea without their parets or older family members still i the North, fid it eve more difficult to afford the services of a broker, because they usually are ot employed if set to school by the South Korea govermet. The restrictios o commuicatios by mobile phoes i DPRK therefore cotiues to affect North Korea childre eve after they have left the coutry. RISK OF SURVEILLANCE AND INTERFERENCE WITH PRIVACY AND FAMILY LIFE (ARTICLE 16) Eve North Koreas who ow a Chiese mobile phoe, are at risk of surveillace whe makig calls. Testimoies of idividuals who talked to Amesty Iteratioal cofirmed fidigs of the UN Commissio of Iquiry o huma rights i the Democratic People s Republic of Korea i 2014, which reported that a special departmet of the State Security Departmet had sophisticated equipmet to pick up, moitor, as well as block the emissios of Chiese mobile phoes. 7 Idividuals who reported havig experieced the surveillace ad the jammig of sigals, icludig persos uder the age of 18, told Amesty Iteratioal that they saw these actios as a tactic to itimidate potetial users of Chiese mobile phoes. As the authorities emit radio waves i order to block Chiese mobile sigals, ayoe who wishes to use these phoes eeds to travel deep ito the moutais close to the border to make calls. Also, to avoid beig detected, those makig calls must keep phoe calls as short as possible, ad avoid usig the real ames of childre or other family members durig coversatios. Some youg people said that households with family members who are suspected of havig left the coutry, icludig their ow, are ofte the targets of heighteed surveillace. This icludes house searches, as well as moitorig at school. The state s surveillace system oversee by the State Security Departmet, peetrates all levels of daily life ad officers ivestigatig possible cases of idividuals who left the coutry questio those idividuals childre at home or school. Childre may be asked about the whereabouts of their parets, ad whether they have received moey set from outside the coutry. 4 Telephoe coversatios with a perso i coutry ca result i varyig levels of puishmet if the cotet of the coversatio ca be iterpreted as evidece of treaso (Article 63 of the DPRK Crimial law), private tradig of foreig currecy (Articles 106, 107, 108), illicit trade (Article 111), brokerage (Article 112), illegal busiess activities (Articles 114 ad 115) or smugglig (Article 119). The most severe puishmet for treaso is death, while the other offeces are puishable by reform through labour for up to 10 years. 5 Article 11, Crimial Code ad Article 115, Crimial Procedure Code, DPRK. 6 See Amesty Iteratioal, Coectio Deied (Idex: ASA 23/3373/2016) pages for details. 7 UN, Report of the detailed fidigs of the commissio of iquiry o huma rights i the Democratic People s Republic of Korea, UN Doc. A/HRC/25/CRP.1, 17 February 2014, para. 220, See also Coectio Deied (Idex: ASA 23/3373/2016), page DEMOCRATIC PEOPLE S REPUBLIC OF KOREA SUBMISSION TO THE UN COMMITTEE ON THE RIGHTS OF THE CHILD 5 Amesty Iteratioal

6 Ivestigatios ito possible departures of family members creates fear amog childre about whether their paret(s) have really left the coutry or ot, but the suspicio about their parets also affects the future prospect of teeagers who are about to graduate from secodary school. A umber of youg people reported that they were ot give places i the uiversity, or were they allowed to joi the military, or work i public services, very likely because the authorities suspected their family members had goe to South Korea. Gwag, a youg North Korea ma curretly attedig uiversity i Seoul recalled his situatio at the time whe he was fiishig secodary school, Your future will ot be good if they fid out that your father has escaped. This was ot life ad death, but it was a costat state of fear for three years. The itesity of my fear was greater whe I tried to leave [the DPRK], but i cotrast this is over i just a short period of time. 8 I other words, youg people like Gwag ca suffer from lifelog discrimiatio or harassmet, simply because their family members exercised their right to freedom of movemet. They ca be left with few optios to avoid this treatmet apart from riskig a dagerous, irregular exit from the DPRK. Rules ad practices iterferig with privacy ad correspodece are ot curretly determied i a specific ad proportioate maer i DPRK law, ad o effective safeguards are i place to prevet abuse of power or the arbitrary or ulawful use of surveillace o persos uder 18, cotrary to Article 16 of the Covetio. 9 Without the ecessary laws ad safeguards i place, surveillace is ot justifiably targeted or coducted i a maer that is proportioate to legitimate aims, such as protectig atioal security or combattig serious crime, ad violate the rights of the child to be free from such iterferece or attacks. ACCESS TO OTHER FORMS OF OUTSIDE INFORMATION (ARTICLES 13 & 17) I additio to the restrictios o commuicatios, the DPRK has a absolute moopoly o all media ad media outlets ad has bee able to cotrol to a large extet the types of iformatio that are received by its citizes, icludig childre. The Committee i the past has expressed its view that a govermet s total cotrol of all sources of iformatio, icludig media, ad limitatios to foreig culture ad media, icludig the iteret, cotravee Articles 13 ad 17 of the Covetio, ad that the state should esure the right of the child to access iformatio ad material from a diversity of atioal ad iteratioal sources. 10 The severe restrictios i the DPRK o accessig outside iformatio through official ad uofficial meas violates the child s right to freedom of expressio as stated i Article 13, as do the restrictios o mobile phoe commuicatios. There are o idepedet media ad all media cotet icludig televisio, ewspapers ad radio is cotrolled by the Publicatio ad Broadcastig Departmet, which operates withi the Propagada Departmet of the Workers Party of Korea. 11 Accordig to the DPRK s fifth periodic report o the implemetatio of the Covetio o the Rights of the Child, efforts have bee made to provide TV programmes for childre ad youth, ad iclude programmes from abroad i a ew chael itroduced i This likely refers to a chael amed Masudae, which is oly i operatio for several hours per day durig the weekeds, ad is ot idepedet of the state which cotrols all broadcastig istitutios, programmig choices ad cotet. This moopoly ad strict cotrol of cotet ad structure makes it impossible for childre to have access to a diversity of iformatio from a diversity of atioal ad iteratioal sources, especially those aimed at the promotio of his or her social, spiritual ad moral well-beig ad physical ad metal health (Article 17). The DPRK has a domestic, closed-off iteret system ad accordig to the state s fifth periodic report, this itraetwork has bee made available i schools i the capital city of Pyogyag ad seats of provices. 13 However, this etwork allows access oly to domestic websites ad . Ulike other coutries that cesor particular web cotet or temporarily cut off iteret access durig govermet-declared emergecies, North Korea deies access to the World Wide Web to the vast majority of its citizes, icludig childre. Access to iformatio uder Article 17 ecompasses all forms of media, but particular attetio eeds to be give to the digital eviromet; the Committee has urged states to 8 Amesty Iteratioal iterview with Gwag (pseudoym, male uiversity studet i his 20s, who left North Korea i 2013) i Seoul, South Korea o 22 May Article 16 of the Covetio states that o child shall be subjected to arbitrary or ulawful iterferece with his or her privacy, family, or correspodece, or to ulawful attacks o his or her hoour ad reputatio. Further, the child has the right to the protectio of the law agaist such iterferece or attacks. 10 Cocludig Observatios of UN Committee o the Rights of the Child: Turkmeista, UN Doc. CRC/C/TKM/CO/1 (2006), paras. 32, UN, Report of the detailed fidigs of the commissio of iquiry o huma rights i the Democratic People s Republic of Korea, UN Doc. A/HRC/25/CRP.1, 17 February 2014, paras , 12 Committee o the Rights of the Child, Fifth periodic reports of States parties due i 2012: Democratic People s Republic of Korea, UN Doc. CRC/C/PRK/5, 25 October 2016, para Committee o the Rights of the Child, Fifth periodic reports of States parties due i 2012: Democratic People s Republic of Korea, UN Doc. CRC/C/PRK/5, 25 October 2016, para. 82. DEMOCRATIC PEOPLE S REPUBLIC OF KOREA SUBMISSION TO THE UN COMMITTEE ON THE RIGHTS OF THE CHILD 6 Amesty Iteratioal

7 esure that youg people have access, without discrimiatio, to differet forms of media ad support ad promote equal access to digital citizeship. 14 The DPRK also exercises strict cotrol o access to outside iformatio through uofficial meas, icludig DVDs ad USB sticks cotaiig foreig televisio dramas movies, as well as smuggled televisios ad radios that ca receive sigals origiatig from eighbourig coutries, such as Chia, Russia ad South Korea. 15 These items are made available through the grey market ecoomy, but the authorities actively restrict idividuals access to outside iformatio through surveillace ad iterferece with their privacy, by the imiba eighbourhood uits, as well as dedicated structures created to deal with the issue of citizes accessig outside media. 16 Further, Article 185 of the Crimial Law of DPRK provides that all idividuals aged 14 or above listeig to hostile broadcastig ad collectio, keepig ad distributio of eemy propagada are subject to puishmet by reform through labour. THE AIMS OF EDUCATION AND THE RIGHT OF THE CHILD TO CULTURAL LIFE AND THE ARTS (ARTICLES 12, 29 & 31) The strict restrictios o access to outside iformatio also peetrate school settigs, i which it is almost impossible for childre i DPRK to receive ay geuie educatio about huma rights values, icludig kowledge or iformatio that is importat for promotig uderstadig, peace, tolerace, ad friedship amog all peoples, ethic, atioal ad religious groups, but cosidered usuitable or uecessary by the state. 17 Oe woma amed Soo-yae metioed that whe she was i school i the DPRK it was ot possible to lear about famous people overseas for example, Abraham Licol or the lives of girls i South Korea. 18 Aother youg woma amed Sug-I related that durig her time at secodary school, studets were ecouraged to moitor oe aother ad share with others bad behaviour such as watchig foreig movies. 19 This cesorship rus cotrary to the aims of Article 29(1) which, amog other thigs, states that educatio should be directed at allowig childre to reach their full potetial ad i preparatio for resposible life i a free society. Istead it perpetuates a eviromet i which state propagada domiates all educatioal ad other activities, ad childre are ot allowed to form their ow views ad express them freely, as guarateed i Article 12, oe of the Covetio s geeral priciples. 20 By attemptig to moopolize media outlets ad becomig the sole supplier of all educatioal ad cultural cotet, the DPRK also seeks to impose culture from above ad fails to serve a facilitator role, as recommeded by the Committee i its Geeral Commet No.17 which explais state obligatios to esure a umber of rights icludig the right to cultural life ad the arts. 21 The documet also otes that access to iformatio ad materials from a diversity of commuity ad atioal ad iteratioal sources is essetial for childre to participate fully i cultural ad artistic activity. 22 Failure to provide the widest possible access to such iformatio ad materials violates the right of the child to participate freely i cultural life ad the arts (Article 31), ad also compromises the ejoymet of the right to educatio ad the beefits of scietific progress. 23 No child should be deied access to culture, either to its creatio or to its beefits, as recommeded by the Committee i the same geeral commet. The restrictios o access to outside iformatio imposed by the DPRK authorities, severely limits the rage of cultural ad artistic expressio that ca be articulated ad ejoyed by childre at home, school ad i other settigs. 14 Committee o the Rights of the Child Geeral Commet No. 20 (2016) o the implemetatio of the rights of the child durig adolescece, UN Doc. CRC/GC/20, 6 December 2016, para Meas of expressio protected by Article 13 iclude digital ad audiovisual media; Committee o the Rights of the Child Geeral Commet No. 20 (2016) o the implemetatio of the rights of the child durig adolescece, UN Doc. CRC/GC/20, 6 December 2016, para A imiba geerally cosists of 20 to 40 households livig either i a eighbourhood or a apartmet buildig. Each imiba shares the duty of moitorig its members, providig ideological educatio, ad servig as a coduit for mobilizatio campaigs. Group leaders watch closely the behavior ad persoal relatios of residets uder their supervisio, ad have the authority to visit homes at ay time, day or ight. 17 Committee o the Rights of the Child Geeral Commet No. 1: The aims of educatio (art. 29(1)), UN Doc. CRC/GC/2001/1, 17 April 2001, paras 4, Amesty Iteratioal iterview with Soo-yae (pseudoym, woma i her 20s, who left North Korea i 2014) i Seoul, South Korea o 26 April Amesty Iteratioal iterview with Sug-i (pseudoym, woma i her 20s, who left North Korea i 2014) i Seoul, South Korea o 26 April The domiace of political propagada i North Korea s educatio is detailed i a umber of sources. A recet oe, for example, is: People for Successful Corea Reuificatio (PSCORE), Forced to hate: North Korea s educatio system, 2016, pscore.org/ewest/wp-cotet/uploads/pscore-report_forced-to-hate_2016.pdf 21 Committee o the Rights of the Child Geeral Commet No. 17 o the right of the child to rest, leisure, play, recreatioal activities, cultural life ad the arts (art. 31), UN Doc. CRC/GC/2001/1, 17 April 2001, para Committee o the Rights of the Child Geeral Commet No. 17, para Articles 13, 15(1) of the Iteratioal Coveat o Ecoomic, Social ad Cultural Rights, to which North Korea is a party. DEMOCRATIC PEOPLE S REPUBLIC OF KOREA SUBMISSION TO THE UN COMMITTEE ON THE RIGHTS OF THE CHILD 7 Amesty Iteratioal

8 RECOMMENDATIONS Amesty Iteratioal recommeds that the DPRK authorities: Ed the ba o North Koreas, icludig childre accessig iteratioal mobile telephoe services, icludig voice calls ad text messages. Facilitate North Korea childre s access to iformatio ad materials of social ad cultural beefit, icludig through the World Wide Web ad other iteratioal iteret data ad services. Esure that everybody i North Korea is able to commuicate directly ad regularly with family members ad others, icludig with parets or childre livig i other coutries, without iterferece uless justified i lie with iteratioal huma rights law ad stadards. Ed surveillace of commuicatios that is uecessary, utargeted or without ay legitimate aim, icludig betwee childre ad their parets. Allow the establishmet of idepedet ewspapers ad other media, ad ed all cesorship of domestic ad foreig media. Itroduce iteret (i.e. the World Wide Web) access i schools ad other public facilities such as libraries. Esure the right of childre to take part i cultural ad artistic activity, icludig through esurig that they are provided with the widest possible access, through differet media, to diverse iformatio ad materials related to their ow culture ad to other cultures, civilizatios, atios ad peoples. Esure by icorporatig ito policies ad legislatio, that educatio is provided i a way that respects the iheret digity of the child, ad eables the child to express his or her views freely, ad to develop life skills such as critical thikig, amog other abilities which give childre the tools eeded to reach their potetial, ad pursue their optios i life while also respectig huma rights values. DEMOCRATIC PEOPLE S REPUBLIC OF KOREA SUBMISSION TO THE UN COMMITTEE ON THE RIGHTS OF THE CHILD 8 Amesty Iteratioal

9 AMNESTY INTERNATIONAL IS A GLOBAL MOVEMENT FOR HUMAN RIGHTS. WHEN INJUSTICE HAPPENS TO ONE PERSON, IT MATTERS TO US ALL. CONTACT US ifo@amesty.org JOIN THE CONVERSATION (0)

10 DEMOCRATIC PEOPLE S REPUBLIC OF KOREA SUBMISSION TO THE UNITED NATIONS COMMITTEE ON THE RIGHTS OF THE CHILD 76 TH SESSION, SEPTEMBER 2017 Amesty Iteratioal presets this submissio i advace of the cosideratio, i September 2017, of the fifth periodic report of the Democratic Republic of Korea (DPRK, or North Korea) o the implemetatio of the Covetio o the Rights of the Child. This documet does ot reflect the full rage of cocers of the orgaizatio i terms of respect, protectio ad fulfilmet of childre s rights i DPRK, but it focuses i particular o the failure of the DPRK to uphold huma rights of childre as a result of its heavy restrictios o citizes freedom to seek, receive ad impart iformatio freely regardless of atioal frotiers. This freedom is a key compoet of the right to freedom of expressio (Article 13 of the Covetio), ad the deprivatio of such also affects the ejoymet of other rights by the child. I this cotext, this briefig also sets out Amesty Iteratioal s additioal cocers regardig the state party s failure to uphold the rights of childre to maitai persoal relatios ad direct cotact with parets they are separated from (Article 9(3)), icludig parets who live i a differet state (Article 10(2); the right to form ad express their views freely (Article 12); the right to privacy, correspodece ad family life (Article 16); the right to iformatio (Article 17); the right to educatio (Article 29); ad the right to rest, leisure, play ad participatio i cultural ad artistic life (Article 31). INDEX: ASA 25/6500/2017 JULY 2017 LANGUAGE: ENGLISH amesty.org