People's Republic of China/Democratic People's Republic of Korea: Further information on forcible Return / Fear for Safety - Asylum-seekers from North Korea
More evidence has come to light that the Chinese Government has been contravening the principle of non-refoulement by forcibly returning scores of North Korean asylum-seekers to their country. Amnesty International is concerned that those forcibly returned are at risk of severe human rights violations, including prison terms, or even the death penalty. According to some reports, many are subject to torture and ill-treatment while in prison camps.
PUBLIC AI Index: ASA 24/01/00
7 June 2000
Further information on UA 105/00 (ASA 17/21/00) - Forcible Return / Fear for
Safety
DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA (NORTH KOREA)/ PEOPLE’S REPUBLIC OF CHINA
(CHINA)
More evidence has come to light that the Chinese government has been contravening
the internationally recognised principle of non-refoulement by forcibly
returning scores of North Korean asylum-seekers to their country. The latest
crack-down on North Korean asylum seekers and illegal immigrants has been
stepped up since March this year when thousands of North Korean nationals are
reported to have been forcibly returned to their country. Amnesty
International is concerned that those forcibly returned are at risk of severe
human rights violations in North Korea where they may face prison terms, or
even the death penalty under the North Korean Criminal Code. According to some
reports, many are subject to torture and ill-treatment while in prison camps
and receive grossly insufficient food.
Amnesty International is further concerned at reports claiming that the North
Korean Public Security Service (PPS) together with the Chinese police are
issuing threats to people who are involved in helping North Korean asylum seekers
including Chinese of Korean descent and local churches. North Koreans are
not given an opportunity to lodge asylum claims even though China is party
to the 1951 UN Refugee Convention.
Some sources have alleged that North Korea has notified China that it will
completely close their common border between 1 and 25 June, apparently in
preparation for the first ever inter-Korean summit to be held in Pyongyang
between 12 and 14 June.
Since 1995, the famine in North Korean is believed to have caused the death
of hundreds of thousands of people and has triggered a flood of starving asylum
seekers into China. Amnesty International has not been able to establish the
total number of North Korean asylum seekers and illegal immigrants currently
in China and estimates of their number may be between 50,000 and 300,000.
FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/
airmail letters in English or in your own language:
APPEALS TO CHINESE AUTHORITIES:
- noting that, as a party to the 1951 UN Refugee Convention, the Chinese
government is bound by the internationally-recognised principle of
non-refoulement, which prohibits states from returning refugees against their
will to countries where they risk serious human rights violations (this would
include closing of borders to prevent people seeking asylum);
- noting that as a member of the UNHCR Executive Committee, China should
cooperate with other states to share the responsibilities of protecting
refugees;
- calling on the Chinese authorities to seek assurances from the North Korean
government that the returnees will not be subjected to human rights violations
in North Korea;
- urging them to lift the restrictions on access to the border areas with North
Korea for the UNHCR and other independent human rights monitors;
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- urging them to take immediate steps to stop all operations aimed at
apprehending and intimidating North Korean asylum seekers and those who are
helping them in China.
Premier of the People’s Republic of China
ZHU Rongji Zongli
9 Xihuangchenggenbeijie
Beijingshi 100032 - People’s Republic of China
Telexes: 210070 FMPRC CN or 22478 MFERT CN
Telegram: Premier Zhu Rongji, Beijing, China
Salutation: Your Excellency
Governor of the Jilin Provincial People’s Government
HONG Hu Shengzhang
Jilinsheng Renmin Zhengfu
11 Xinfa Lu
Changchunshi 130051, Jilinsheng - People’s Republic of China
Telegram: Governor, Changchun, Jilin Province, China
Salutation: Dear Governor
APPEALS TO NORTH KOREAN AUTHORITIES:
- urging them to take immediate steps to ensure that none of the returnees
are at risk of human rights violations including arbitrary detention and
ill-treatment, or subject to the death penalty solely for their wish not to
return to North Korea;
- calling for greater openness and accountability on human rights by allowing
independent access to international human rights monitors;
- urging them to take immediate steps to stop all operations aimed at
apprehending and intimidating North Korean asylum seekers and those who are
helping them in China or any other country;
- immediately adapt policies concerning "defection" to bring them into line
with international obligations under Article 12(2) of the International
Covenant on Civil and Political Rights which stipulates that "Everyone shall
be free to leave any country, including his own" and to allow North Korean
citizens uninhibited exit and entry to North Korea;
- provide Amnesty International with full clarification and documentary
evidence of the whereabouts and legal status of all North Koreans who were
forcibly returned to North Korea;
- Ratify the 1987 Convention against Torture and Other Cruel, Inhuman and
Degrading Punishment or Treatment.
Mr Paek Nam Sun
Minister of Foreign Affairs
Pyongyang - Democratic People’s Republic of Korea
Salutation: Your Excellency
Mr Paek Hak Rim
Minister of Public Security
Pyongyang - Democratic People’s Republic of Korea
Salutation: your Excellency
APPEALS TO THE UNHCR:
- calling on the UNHCR to put pressure on the Chinese authorities to fulfill
all obligations under the 1951 UN Refugee Convention, including granting North
Korean refugees asylum in China and affording them full protection.
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COPIES TO: diplomatic representatives of Democratic People’s Republic of Korea
and the People’s Republic of China accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 19 July 2000.