South Reviewing China to UNHRC Measure

Chris Green  |  2012-02-21 14:28
The Chinese and South Korean governments are coming under particularly heavy scrutiny for their handling of the defector repatriation issue, with South Korea now evaluating whether to raise the subject during a key international human rights gathering later this month.

¡°The government is reviewing the idea of at what level and in what way to raise the defector problem in the UN Human Rights Council, which opens in Geneva, Switzerland at the end of this month,¡± a government official told reporters in Seoul this morning, going on, ¡°We are in the process of reviewing whether to mention the Chinese government directly.¡±

The South Korean government has never before taken the issue to the UN Human Rights Council directly, although the UN Special Rapporteur for North Korean human rights, currently Maruzki Darusman, submits a report on North Korea each year.

The official¡¯s comments came after the Chinese government sternly rejected South Korean criticism of the handling of defector issues yesterday, saying that the South Korean government was speaking out of turn, a statement the official rebuffed, saying, ¡°China has obligations as a signatory to the UN Refugee Convention and UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and it is perfectly fair to say that they must stick to those conventions.¡±

However, ¡°The acceptance of defectors as refugees is an issue for each sovereign state to decide, so a way to solve this problem should be found via bilateral consultation,¡± the official added. China chooses not to regard North Korean refugees within its territory as refugees, instead referring to them as illegal migrants and refusing to acknowledge any threat to their wellbeing upon their return.

¡°The defector problem is a serious one which cannot be ignored, and we will try every method possible,¡± the official concluded, appending, ¡°Naturally, we believe that China, as a UN member state, a permanent member of the UN Security Council and one half of the G2, will respect those principles accepted by the international community.¡±

In his 2012 report submitted to the Council on February 13th, UN Special Rapporteur Darusman does not mention China by name.

Instead, he simply notes that ¡°The Special Rapporteur shares deeply the concerns raised with him by civil society organizations and the diplomatic community, and calls on States to adhere to their obligation of providing international protection to such asylum-seekers,¡± and ¡°the Special Rapporteur calls on other neighbouring countries to protect and treat all people fleeing the Democratic People¡¯s Republic of Korea humanely and to respect the principle of non-refoulement, as provided for under the Convention relating to the Status of Refugees.¡±

The Human Rights Council meeting opens on February 27th, running until March 23rd.
 
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