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.
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Welcomes the report of the Special Rapporteur;5
A/HRC/40/66.
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