MOTION FOR A RESOLUTION on the situation of North Korean refugees
22.5.2012 - (2012/2655(RSP))
pursuant to Rule 122 of the Rules of Procedure
José Ignacio Salafranca Sánchez-Neyra, Herbert Reul, Frank Engel, Mario Mauro, Cristian Dan Preda, Filip Kaczmarek, Roberta Angelilli, Bernd Posselt, Monica Luisa Macovei, Elena Băsescu, Eija-Riitta Korhola, Sari Essayah, Sergio Paolo Francesco Silvestris, Giovanni La Via, Laima Liucija Andrikienė, Jarosław Leszek Wałęsa, Bogusław Sonik on behalf of the PPE Group
See also joint motion for a resolution RC-B7-0241/2012
B7‑0263/2012
European Parliament resolution on the situation of North Korean refugees
The European Parliament,
- Having regard to its previous resolutions on the People’s Republic of China (PRC)
- Having regard to its previous resolutions on the Democratic People's Republic of Korea (DPRK)
- Having regard to the EU-China human rights dialogues
- Having regard to the 1951 Convention relating to the Status of Refugees, which was ratified by the PRC in 1982 and the status of the principle of non-refoulement as a rule of customary international law
- Having regard to the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which requires countries to refrain from repatriating people to countries where they face a substantial risk of being tortured, which was also ratified by the PRC in 1988
- Having regard to the statement by the authorities of the DPRK, in December 2011, of its intention to “annihilate” up to three generations of a family if a family member fled the country during the 100-day period of mourning for the death of Kim Jong Il
- Having regard to the fact that in 2010 the DPRK Ministry of Public Security issued a decree making defection a crime of “treachery against the nation”
- Having regard to Rule 122(2) of its Rules of Procedure
A. whereas it is estimated that there are between 100.000 to 400.000 North Korean refugees in the world , the majority of which live either "illegally" in the PRC or "legally" in the Republic of Korea (ROK), Japan, United States and some European Member States
B. whereas an estimated several tens of thousands North Korean refugees are residing "illegally" in China and live in appalling conditions and are vulnerable to physical, emotional or sexual exploitation
C. whereas in March 2012 the Chinese government forcibly repatriated at least 41 North Korean refugees to the DPRK
D. whereas China’s 1986 repatriation agreement with North Korea stands in direct contradiction of their obligations under international law
E. whereas as the North Korean authorities criminalise the act of leaving the country without State approval and consider it a political offense even though the motive for leaving the country may simply be one of survival
F. whereas there is a large body of evidence to suggest that those who are repatriated to the DPRK face imprisonment in the North Korean prison camps or execution
G. whereas according to some reports North Korean agents cross the border to "arrest" some North Korean refugees and "abduct" them back to North Korea
H. whereas the principle of “guilt by association” means that the families of those who are repatriated may also be punished
I. whereas those fleeing the DPRK are considered by the PRC as “economic migrants” rather than as asylum seekers
J. whereas most refugees from DPRK have no intention of staying in China but must pass through the country in order to make their way to South Korea and other countries
K. whereas the North Korean refugees would be classified as refugees sur place as defined by UN High Commissioner for Refugees, on account of the persecution and punishment they are likely to face on their return to the DPRK
1. calls on China to live up to its obligations under international law, in particular the 1951 Convention relating to the Status of Refugees and the 1984 Convention against Torture
2. calls on China to end their 1986 agreement with North Korea on the repatriation of refugees, as they may be subject to serious human rights abuses including imprisonment, torture, execution or other punishment inflicted for leaving their country without authorisation, to stop arresting and intimidating North Korean refugees and to release those currently in detention
3. urges China to take measures in order to allow safe passage for North Korean refugees to the Republic of Korea (South Korea) or other third countries, or to recognise all North Korean people escaping from DPRK as refugees sur place
4. calls on the DPRK to desist from arresting, imprisoning, torturing, executing or inflicting any punishment or persecution on those of its citizens who have been forcibly repatriated by China
5. calls on the DPRK to respect the rights to free movement for all its citizens, especially to ensure that they have adequate access to food
6. condemns the developing business made by organised Chinese and North Korean criminal gangs which make a profit from the desperate situation of those who want to flee from North Korea in order to have a better life
7. urges the EU Member States to adopt a more systematic approach to organise European and International protection for North Koreans fleeing their country and calls on the European Commission to continue to support civil society organisations helping North Korean refugees
8. instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the Governments of PRC, DPRK, ROK and the UN High Commissioner for Refugees