A/HRC/RES/40/20 5. Further recalls paragraph 4 of General Assembly resolution 73/180, in which the Assembly underscored its very serious concern regarding reports of torture, summary executions, arbitrary detention, abductions and other forms of human rights violations and abuses that the Democratic People’s Republic of Korea commits against citizens of other countries within and outside of its territory; 6. Reiterates its deep concern at the commission’s findings concerning the situation of refugees and asylum seekers returned to the Democratic People’s Republic of Korea, and other citizens of the Democratic People’s Republic of Korea who have been repatriated from abroad and made subject to sanctions, including internment, torture, cruel, inhumane and degrading treatment, sexual violence, enforced disappearance or the death penalty, and in this regard strongly urges all States to respect the fundamental principle of non-refoulement, to treat humanely those who seek refuge and to ensure unhindered access to the Office of the United Nations High Commissioner for Refugees and the Office of the United Nations High Commissioner for Human Rights with a view to protecting the human rights of those who seek refuge, and once again urges State parties to comply with their obligations under international human rights law and the Convention relating to the Status of Refugees and the Protocol thereto in relation to persons from the Democratic People’s Republic of Korea who are covered by those instruments; 7. Stresses and restates its grave concern about the commission’s finding that the body of testimony gathered and the information received provided reasonable grounds to believe that crimes against humanity have been committed in the Democratic People’s Republic of Korea, pursuant to policies established at the highest level of the State for decades and by institutions under the effective control of its leadership; these crimes against humanity entail extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation; 8. Stresses that the authorities of the Democratic People’s Republic of Korea have failed to prosecute those responsible for crimes against humanity and other human rights violations, and encourages all States, the United Nations system, including relevant specialized agencies, regional intergovernmental organizations and forums, civil society organizations, foundations and other stakeholders to cooperate with accountability efforts, especially the efforts made by the Office of the United Nations High Commissioner for Human Rights, and to ensure that these crimes do not remain unpunished; 9. Welcomes General Assembly resolution 73/180, in which the Assembly encouraged the Security Council to continue its consideration of the relevant conclusions and recommendations of the commission of inquiry and to take appropriate action to ensure accountability, including through consideration of referral of the situation in the Democratic People’s Republic of Korea to the International Criminal Court and consideration of the further development of sanctions in order to target effectively those who appear to be most responsible for human rights violations, which the commission has said may constitute crimes against humanity; 10. Also welcomes the decision of the Security Council to hold a fourth Council meeting on 11 December 2017, following the ones held in December 2014, December 2015 and December 2016, during which the situation of human rights in the Democratic People’s Republic of Korea was discussed in the light of the serious concerns expressed in the present resolution, and looks forward to the continued and more active engagement of the Council on this matter; 11. 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 his mandate despite the lack of access to the country; 12. 5 Welcomes the report of the Special Rapporteur;5 A/HRC/40/66. 5

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