A/HRC/RES/58/17
under conditions that reportedly amounted to forced labour, often for the purpose of
generating income for the Government;
4.
Also recalls paragraph 11 of Security Council resolution 2371 (2017),
paragraph 17 of Council resolution 2375 (2017) and in particular paragraph 8 of Council
resolution 2397 (2017), in which the Council decided that States Members of the United
Nations should repatriate to the Democratic People’s Republic of Korea all nationals of the
Democratic People’s Republic of Korea earning income in their jurisdictions and all
Democratic People’s Republic of Korea government safety oversight attachés monitoring
Democratic People’s Republic of Korea workers abroad immediately, but no later than 24
months from 22 December 2017, urges all States to fully comply, especially as there are
indications of transport routes reopening, unless the particular State determines that the
national is a national of that State or is prohibited from repatriation under applicable national
and international law, including international refugee law and international human rights law,
and urges the Democratic People’s Republic of Korea to promote, respect and protect the
human rights of workers, including workers who were repatriated to the Democratic People’s
Republic of Korea;
5.
Further recalls paragraph 4 of General Assembly resolution 79/181, in which
the Assembly underscored its very serious concern regarding reports of torture and other
cruel, inhuman or degrading treatment or punishment, summary executions, arbitrary
detention, abductions and other forms of human rights violations and abuses that the
Democratic People’s Republic of Korea committed against citizens of other States Members
of the United Nations within and outside of its territory, and urged the Democratic People’s
Republic of Korea to disclose all relevant information about such persons, including their
fate and whereabouts, to bereaved families and relevant entities;
6.
Reiterates its deep concern at the findings of the commission of inquiry and
subsequent investigations by the Office of the United Nations High Commissioner for Human
Rights 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 and other cruel, inhuman or degrading treatment or punishment, sexual and genderbased violence, enforced disappearance or the death penalty, in this regard strongly urges all
States to respect the fundamental principle of non-refoulement, especially in the light of the
resumption of cross-border travel, including where the Government of the Democratic
People’s Republic of Korea exerts pressure on returning States to effectuate such returns, to
take action to counter acts of transnational repression by the Democratic People’s Republic
of Korea, to treat humanely those who seek refuge and to ensure unhindered access for 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 to ensure adequate international protection by refraining from
sharing information about the contacts and conduct of refugees, asylum-seekers and other
citizens of the Democratic People’s Republic of Korea with the Government of the
Democratic People’s Republic of Korea, and once again urges States to comply with their
obligations under international human rights law, including the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as 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 at the finding of the commission of
inquiry 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, and that the crimes
against humanity entail extermination, murder, enslavement, torture and other cruel, inhuman
or degrading treatment or punishment, imprisonment, rape, forced abortions and other forms
of sexual and gender-based violence, persecution on political, religious, racial and genderrelated grounds, the forcible transfer of populations, the enforced disappearance of persons
and the inhumane act of knowingly causing prolonged starvation;
7