Human Rights

ABSTRACT: Armed conflict, either internationally or internally, has caused great sufferings to the victims and society as a whole. It constitutes a situation where the rule of law is absent and human rights are no longer respected. Even though various preventive endeavours have been campaigned and implemented by the international community, the occurrences of armed conflicts are still inevitable due to political fluxes and fractions or disputes over power, which proved that preventive measures alone are not enough.

This grave situation calls for the role of transitional justice to tackle the repercussions of armed conflicts in post conflicts situations, which in the long run can enhance the preventive measures in preventing the re-occurrences of armed conflict. However, the implementation of transitional justice in post conflict situations showed to be problematic due to various factors. The most prominent factor that impedes the implementation of transitional justice is the preference of States in applying realpolitik and amnesty laws to perpetrators of gross human rights violations in order to gain political stability.

In responding to this problem, it is of the opinion of this thesis that under international law, accountability for gross human rights violations should remain to be the main purpose of transitional justice in implementing its approaches to establish justice and peace in post conflict situations. Based on that point of view, this thesis is aimed to discuss the implementation of transitional justice in post conflict situations in general.

Firstly, it will discuss the implementation of transitional justice approaches over the history to come to terms with past atrocities and to establish a new starting ground for society in post conflict situations. Secondly, the thesis will also hold a discussion about transitional justice under the framework of international law, especially on the relation between the concept with international human rights law, international humanitarian law and international criminal law.

Lastly, this thesis will use a study case from Indonesia concerning post conflict situations in Aceh and Papua after the downfall of the New Order regime in 1998 as a testing ground to apply the analyses on transitional justice approaches under the framework of international law and to asses the problems occurred in implementing transitional justice approaches in Aceh and Papua.

Companies that view values and social responsibility as integral part of the business operation would be able to attract and retain good and competent employees in the workplace. Rhonda Abrams and Eugene Kleiner noted that having a good corporate values and commitment is necessary to the success and growth of the business (p. 212). Good corporate citizens are produced when there is a positive and healthy corporate image. This too will produce positive feelings on the part of the employees and potential customers for the company.

Abrams and Kleiner mentioned that the basic component of social responsibility is to produce good corporate citizens; and good corporate citizen starts with corporate integrity (p. 212). Integrity is shown in the company’s commitment in promoting social responsibility with respect to the employees, customers, community, and even the government. The authors stated, “Businesses that act with integrity and honesty are more likely to have their employees act with integrity and honesty towards the company and their fellow workers” (p.

211). Good corporate citizens also suggest that employees involve themselves in the company’s commitment to enhance social good; that is through participating in programs that promote community causes. The idea goes beyond traditional outlook, which focuses on self-gain or self-interest, but it is seeing what the company may contribute to the community. Impact of Ethical Decision and Good Corporate Citizen to the Hospitality Industry

Hospitality industry similar to other internationally known business requires ethics and good corporate citizen for several reasons. First, it is extremely exposed to environment where human rights law and internationally recognized standards are highly valued. Second, unless a business realizes its ethical and social responsibility to create a strong connection with the local community, it would be difficult to enter international market.

Third, employees burnout turns out ineffective or low performance. Some international human rights law that governs businesses are those of the United Nations’ Universal Declaration of Human Rights and International Labour Organization. Some of the fundamental and universal rights being protected by these organizations are freedom from discrimination, peaceful assembly, thoughts and conscience, religion, and opinion and expression (Mitchell, p. 108).

Some of the values being at work in international hospitality business are teamwork, responsibility, safe and healthy workplace for employees, equality of opportunity, and professional growth of all employees (Mitchell, p. 108, 109) A hotel for example has to create a sense of strong connection in the local community by offering extra benefits to the customer, which includes local foods and drinks. This local identification may likewise helpful in creating good image of the company, which is equally important if the company would enter international market.

Competition is great in international market; likewise, good customer service is what can make an international hospitality business competitive. In the same manner, as stated by Abraham Pizam, employee burnout is common in hospitality industry that always affects the quality and quantity of work of the employees. For this reason, he suggested to address the industry burnout at least to reduce the problem through lifestyle modification, development of support network, and employment of relaxation for the employees (Pizam, p. 51). Conclusion

The issue of ethical decision-making and good corporate citizen is really important in all type of business especially in hospitality industry because people (customers and employees) are after for values and good service. Business rooted and founded on ethics and values are likely to stay strong and succeed in business because it builds trust and loyalty as in the case of employees to their employers or customers to the company. It even helps align disparity and lessens the possible threat of resistance among various stakeholders through its governing principles, which leads to the success of the business

It may take a lot of investment before one could set up corporate governance that believes and follows the ethics and corporate values; but, its impact is long lasting because it could pull people towards the company as they strongly believe on what the company believes in. Aside from that, it establishes a kind of image that is distinctly identifies the company. It helps create a good name that is sometimes above the rest in terms of goods and services that the company offers.

Bibliography

Abrams, R. & Kleiner, E. The Successful Business Plan: Secrets & Strategies. USA: The Planning Shop, 2003. Kerns, C. D. Ph. D. Why Good Leaders Do Bad Things. http://intra. som. umass. edu/ruane/Ethics/Why%20Good%20Leaders%20Do%20Bad%20Things. pdf Mitchell, Charles. A Short Course in International Business Ethics. World Trade Press, 2003. Petrick, J. & Quinn, J. Management Ethics: Integrity at Work. USA: Sage Publication, 1997. Pizam, Abraham. International Encyclopedia of Hospital Management. USA: Butterworth-Heinemann, 2005. Sharma, P. & Bhal, K. Managerial Ethics. USA: Sage Publications, 2004. ETHICS. http://www. referenceforbusiness. com/management/Em-Exp/Ethics. html

On May 21, 1999, a local road construction company, Dumez Limited, attacked a group of peaceful protesters with clubs, daggers, axes, machetes, and other dangerous weapons. Tension began to arise when on April 26, 1999 the company began destroying newly planted crops of local farmers in the Ogoni kingdom of Gokana. They did so without paying adequate compensation for the crops or carrying out an Environmental Impact Assessment (EIA) for the road project, as required by international environmental standards. On May 8, 1998, a Human Rights Defender, Olisa Agbakoba, was arrested at Murtala International Airport in Lagos.

The arresting officers were members of the Security Force, an agency of the Nigerian government. No reason for his arrest was given. This arrest was preceded by an earlier encounter in March 1998 where he was attacked and arrested by members of the Nigerian Police when he tried to speak at a pro-democracy rally in Yaba, Lagos. On January 8th and March 23rd of 1998, Batom Mitee and Barileresi Mitee who are brothers of Ledum Mitee, President of the Movement for the Survival of the Ogoni People (MOSOP), were arrested. No charges were ever given for their arrests.

Batum Mitee was kept detained for several weeks without having access to his lawyers, his family, or a doctor. On January 18, 1998 he was brought before a judge who declared that the case was not within his competence because of its political character. Mitee was later transferred to a military hospital because of the beatings and ill treatment inflicted by the military. These incidents of brutality and harassment are just a few examples of the abuse by members of the police, security forces, and Nigerian government and how it remains to be a persistent human rights problem.

There are numerous underlying factors that contribute to the problem of human rights in Nigeria. One the major factors is that of religion. Religious differences often correspond to regional and ethnic differences. For example, the northern region is overwhelmingly Muslim, as are the large Hausa and Fulani ethnic groups of that area. Many southern ethnic groups are predominantly Christian. About half the country”s population practice Islam and about 40% practice Christianity.

Approximately 10% practice exclusively traditional indigenous religions or no religion at all. Many persons practice both elements of Christianity or Islam and elements of an indigenous traditional religion. Consequently, it is difficult to distinguish religious discrimination from ethnic and regional discrimination, which is pervasive. Although the government has never outlawed proselytizing, it continues to discourage and criticize it publicly because it believes that it stimulates religious tensions.

Both Christian and Muslim organizations allege that the Ministry of Foreign Affairs and the Immigration Department restricted the entry into the country of certain religious practitioners, particularly persons suspected of intending to proselytize. Consequently, Nigeria”s constitution prohibits state and local governments from adopting an official religion. Though Nigerian law prohibits religious discrimination, it is common for government officials to discriminate against persons who practice a religion different from their own, notably in hiring or awarding contracts.

There have been documented reports of harassment of Christian missions by local government officials in predominantly Islamic regions. In April and again in August 1998, the local council of Lafia, in Nasarawa State, reportedly ordered the closure of a Protestant Christian mission church in connection with a dispute about the mission”s title to the land. In March 1998, State Security Service officers detained and interrogated the mission”s pastor. The mission sought to convert members of the generally Islamic Kambari ethnic group.

The lack of concern for the environment and the people that it affects has also been a major concern in the struggle for human rights. Since 1958, oil companies such as Shell have exploited oil wealth in the region of the Ogoni people. As a consequence, they have suffered extreme economic deprivation and the environmental devastation of their land. Since Shell began drilling in Nigeria”s Niger Delta, it has spilled oil on farmland and in water sources, bulldozed across farms and flared gas just meters from Ogoni villages.

The people of Ogoniland suffer extreme health problems from the air and water pollution. The Nigerian military has played a significant role in the continued persecution of the Ogoni. When the Ogoni began to demand environmental justice, villages were attacked, villagers were killed and their leader was executed by the judgment of a military court. Shell has even admitted to paying the military, which brutally silences voices crying for justice from the government of Nigeria and Shell, along with other multinational oil corporations.

Shell is only one of many multinational oil corporations operating in Nigeria. Mobil, Chevron, and Texaco are also found in Nigeria, operating as partners of the Nigerian government, as required by Nigerian law. “Shell is certainly not the only Oil Corporation that abuses its money, power, and feeling of superiority over the people of Nigeria. ” The country”s population of about 120 million is ethnically diverse, comprising more than 250 ethnic groups, many of which speak distinct primary languages and are concentrated geographically.

There is no majority ethnic group. The three largest ethnic groups are the Hausa-Fulani of the north, Yoruba of the southwest, and Igbos of the southeast, who together make up about two-thirds of the population. The fourth largest group, the Ijaw, has a population of approximately 12 million. “Societal discrimination on the basis of ethnicity is widely practiced by members of all ethnic groups and is evident in private sector hiring patterns, de facto ethnic segregation of urban neighborhoods and a continuing paucity of marriage across major ethnic and regional lines. There is a long history of tension among diverse ethnic groups.

Although the country”s successive constitutions all have prohibited ethnic discrimination by the State, northerners and particularly Hausas have long been predominant in the national government, including the military officer corps. Tradition continued to impose considerable pressure on individual government officials to favor their own ethnic groups and ethnic favoritism persisted.

Resentment of northern domination of the Government aggravated by the suspension of federal decentralization under the Abacha regime and resentment of Igbo success in private commerce, have contributed to ethnic and regional tensions. Possibly the most controversial issue within Nigeria is that of the political structure of the government. Since Nigeria received its independence from Britain, in 1960, there has been conflict in regards to the military and authoritarian system of government that existed.

The citizens of Nigeria have longed for a democratic system of government that included themselves as active proponents. Nigeria became a Republic in 1963 and Nnamdi Azikiwe was made the President of the Federal Republic. In January of 1966, some Igbo army officials staged a coup d”etat to overthrow the government, who were primarily Hausa, because they objected to the population census. They felt it over estimated that number of people in the northern region thereby giving them a larger representation in the federal parliament.

They succeeded in killing many of the senior officers but Azikiwe was not harmed. As a result of the attempted coup, the government promised a progressive program, a return to civilian rule determined by elections, and vowed to stamp out corruption and violence. Though idealistic in theory, these promises were never realized. Instead, it became the common practice of the government to consider democracy, but continue to practice authoritarian rule. Nigeria would bear witness to numerous coup attempts over the next three decades, most involving the transition to democracy.

It wasn”t until the death of Sani Abacha, possibly the most famous President of Nigeria, in June 1998 that civilian rule would be realized. A new transition program was established that would lead the country back to democracy by Abdulsalam Abubakar, the man chosen to replace Abacha. After a series of elections, Olusegun Obasanjo was declared the new and current, democratically elected president on May 29, 1999. At the end of May 1999, Nigeria completed its transition from authoritarian rule to a formal democracy.

A number of Nigerian groups have managed to create strong institutional structures, with narrowly defined mandates and internal staff structures as well as program plans. While there are still growing pains within many of these groups, this type of planning process has resulted in “the Nigerian human rights community”s being far ahead of its anglophone neighbors in putting human rights institutions into place. ” The Center for Advanced Social Sciences (CASS) was formed in 1992 and is based in Port Harcourt, Nigeria. CASS is a think tank concerned with improving management and public policy in Africa.

It has a Board of Trustees and is governed by an international Board of Directors. The Civil Liberties Organization (CLO), established in 1987, is one of Nigeria”s largest human rights organizations. The CLO is a non-governmental organization set up for the defense and expansion of human rights and civil liberties. It investigates human rights abuses and campaigns through litigation, publications, and communications with the government on behalf of people whose rights have been abused. Another human rights advocate is the Constitutional Rights Project (CRP) that was set up in 1990.

Their aims are to ensure that Nigerian legislation conforms to international standards, monitor institutions whose activity impact on the rights of citizens, and to provide legal assistance to victims of human rights abuses. The cry for human rights reform in Nigeria hasn”t fallen on deaf ears from those of the international community. On November 12, 1998 the 53rd session of the General Assembly of the United Nations (UN) met to discuss the situation of human rights in Nigeria. The General Assembly reaffirmed that Nigeria is a party to the International Covenant on Human Rights and thereby making it a Member State.

All Member States have an obligation to promote and protect human rights and fundamental freedoms. The Nigerian government was “strongly encouraged” that the establishment and strengthening of national structures and institutions in the field of human rights are of the utmost importance for the promotion and protection of human rights in Nigeria. The sanctions imposed on Nigerian government by the European Union, the Commonwealth and the government of the United States of America were to be lifted in light of the progress made towards the restoration of democratic government and respect for human rights.

The Nigerian government in its transition to democracy was applauded for its establishment of the Independent National Electoral Commission and the issuance of a detailed timetable for the election process. Overall, the UN General Assembly was satisfied with the progress of the Nigerian government in its transition to democracy. Nigeria has seen some very turbulent times in its history as it relates to democracy and human rights.

Democracy consolidation, which appears to be the most immediate challenge for the human rights movement in post transition Nigeria, will require forward thinking and cohesive action on the part of the human rights community. It has been clearly demonstrated that in Africa relatively free and fair elections observed by international monitor and elaborate “handing over ceremonies” will not necessarily bring about genuine democracy and a human rights culture. Civil society organizations will have to work gradually to expand the democratic space and rebuild the institutions of civil society.

The long years of military dictatorship have decimated these institutions and virtually erased the rule of law according to AFRONET Reports. Though politicians glibly vocalize democratic jargon, it is still evident that democratic values and attitudes are not yet commonplace in the political class. Also, among ordinary Nigerians, popular mentalities need to change; the people have become accustomed to not expecting anything but the worst from their leaders in terms of political leadership, economic management and respect for civil liberties and human dignity.

The average Nigerian has been driven by economic hardship to adopt a survivalist mode of life in which he or she is preoccupied with access to the bare necessities of life and does not demand or expect accountability or respect for human rights from their leaders. The Nigerian government, though its history is not favorable, is making sincere efforts to overwrite its history. But unless the human rights community and the people they represent adopt a more positive attitude towards its government, change can not be realized.

Patrick Henry once said “Give me liberty or give me death. ” Most people agree with what he said because freedom is what makes life worth living. People should have certain freedoms no matter what country they live in. In the book Enrique’s Journey it shows how people in Latin America are often denied the right to travel which is also a problem in America and this can cause people to travel dangerously and illegally. People have the right to travel and when they are denied this right it can cause complete chaos which is demonstrated in this book.

This problem is very serious in he country of Mexico and in America we are often denied this right in a unique way. All throughout America and Central American countries like Mexico, because people face this human rights issue it causes them to be separated from their families and their loved ones. In Enrique’s Journey because Enrique is legally not allowed to travel to America he is unable to see his mother. He misses her deeply and because he does not get to see her for years it causes him deep emotional damage and it even leads to him doing drugs and feeling unloved.

Unfortunately this happens to thousands of kids and even adults in both Mexico and America. Not only does this cause emotional damage but it even can lead to very difficult financial hard ships for families. Some people want to get a Job in America or another area and because they are denied the right to travel they can’t achieve their goals. Enrique’s mother has trouble making enough money because she is an immigrant and therefore she does not want to get caught so she can only accept low paying low profile Jobs.

It’s sad enough that families have to deal with these emotional struggles as well as financial struggles but what is often even worse than these things is the physical torture and dangers of trying to travel illegally. Most kids in Mexico and other countries in the area have to travel by physically grasping onto high speed trains and this is extremely dangerous. Far too many times young kids are too weak to hold on and they are sucked under the train and killed or lose limbs. But the difficulties do not stop there.

These kids are often chased by police and even worse gang members. Hundreds of kids every day are beaten, mugged, killed, raped, or very sadly experience all of these horrific events. Most of these struggles would be never heard of if only these people weren’t denied the right to travel. Just to make things worse or these helpless people they also face social anxiety and loneliness because they are always afraid of being physically harmed by other people and because they cant be found by the police or they will be deported back to wherever they came from.

Also, because they cannot be noticed or stand out they often can’t get a Job because it is too risky for them so instead they beg for money. Because of this many kids die of starvation or become very sick or ill. Not only do they face these problems like disease but because they become weak and are often alone they become more vulnerable to gang members and being killed or mugged. But if these people were just able to freely travel they would not experience these horrific scenarios and events.

Being denied your human right to travel is a problem in many countries throughout the world but it’s a huge problem in Mexico and other central and southern American countries and even in America. It causes hopeless people to lose Many people think it is better off for people to not be allowed to travel to other countries and for their traveling rights to be denied but if they knew what thousands of people go through every year Just to see their family and make life better for themselves, maybe their view would change.

Human Rights Violation (Child Soldier) What do you think of when you hear the term “Child Soldier”? You probably think of a normal child who has been trained to become an armed soldier from his early childhood. No, the reality is that child soldiers still do exist in many parts of the world. First of all, what do you mean by child soldiers? Child soldiers are any children under 18 years of age who is a member of the armed forces or an armed group. Today, child soldier has been one of the major issues in the economy of human civilization.

It has fore mostly impacted many countries from developing and moving a step forwards in their humanitarian activities. So, as a relation of us towards the development of humanity and human civilization, every individual in this world should try their best to erase this particular violation or term “Child Soldier” from history. As briefly discussing about this particular human right violation, this violation has been one of the major issues in Canada and many other countries.

As concisely defining this topic, a child soldier is any children under 18 years of age who is part of any kind of regular or irregular armed force or armed group in any capacity. The definition also includes girls recruited for sexual purposes and for forced marriage. It does not, therefore, only refer to a child who is carrying or has carried arms. Children are more likely to become child soldiers if they are displaced from their homes, separated from their families, living in combat zones or have limited access to education.

Children may join armed groups as the only way to guarantee daily food and survival. In some situations, children may ‘voluntarily’ take part in warfare, not realizing the dangers and abuses they will be subjected to. Most likely these children are responding to economic, cultural, social and political pressures. As discussing different facts about Child Labour in Canada and worldwide, the major fact has been estimated that over 300,000 children – boys and girls under the age of 18 – are today involved in more than 30 conflicts worldwide.

Children are used as combatants, messengers, porters and cooks and for forced sexual services. Some are abducted or are recruited by force. Others are motivated to join by poverty, abuse and discrimination, or to take revenge for violence endorsed against them or their families. These children are subjected to unimaginable violence and torture by serving in both government armies and rebel groups. Commanders often hassle them with drugs and alcohol. These children are repeatedly abused, and disposed of when they are supposed useless or ineffective.

Close to 2 million children have been killed in conflict in the case of child soldier since 1996. Children are the rising stars of our nation and humanity. One should try to protect and educate good things to them rather than conflicting these silly behaviours to those little blameless souls. According to Canada’s law, a person caught doing this crime is heavily punished and penalized against the community. Back in 2002, Canada signed on to an international treaty aimed at rehabilitating child soldiers.

In fact Canada was the first nation to ratify the child soldier – optional protocol to the convention on the rights of a child. Since then, many different rules and laws have been made in order to stop child soldier in the nation. As of all these facts and discussion on this particular human violation, these violations is still a problem in the world and in Canada and researchers are busy, laws are being made and punishments are ready for those criminals.

As the children are the future developers of our world and community, they should not be treated in this way. In fact, they should be cared and loved as they are the ones who are going to get rid of all the crimes in the world and make this congested world a peaceful world. So child soldier should be stopped, if still seen, all the population should be united and raise a voice against the government to be strict in this particular violation and give hard punishments to the criminals and bring peace in the world.

“The right of the people, including those employed in public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. ” Freedom to form associations In large part, this section reflects the country’s bad experience during the Martial Law years, when the right to assemble and form associations was unduly abridged.

Obviously, however, it is equally clear that the government can exercise its police power and abridge this right if the association in question threatens the legal order. Section 10 Section 10. No law impairing the obligation of contracts shall be passed.

Discusses the “sanctity” of contracts and obligations

Laws affecting contracts cannot be applied retroactively Aside: all contracts illegal in nature are non-binding

“No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. ”

1. Freedom of speech is not absolute, neither is a free press (more on that on the next slide)
2. Freedom of assembly refers mainly to peaceful demonstrations related to public affairs – Contrast: in Singapore, for large assemblies one must secure a public entertainment license
3. Right to petition i. e. to take up one’s grievances with government without fear of persecution Freedom of Speech – means an individual is free to speak or utter whatever he wants without prior restraint. Right to a Free Press – means an individual is free to write, publish, and circulate whatever he pleases without restraint. Speech and expression refer to any form of oral utterances, while press covers every sort of publication such as newspapers, magazines, books, leaflets, and the like.

Radio and television are also included. Freedom of speech and expression and freedom of the press are collectively called Freedom of Expression. Freedom of Assembly – refers mainly to peaceful demonstrations related to public affairs. The Right of Petition – to take up one’s grievances with the government without fear of persecution. Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

States that paupers or person who are poor shall be given free access to courts and quasi-judicial bodies as well as free adequate legal assistance (or free counsel to defend him in court) Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

DIRECTORATE-GENERAL FOR EXTERNAL POLICIES POLICY DEPARTMENT POLICY BRIEFING Human rights in North Korea Abstract The human rights record in the Democratic People’s Republic of Korea (DPRK, or North Korea) has been widely condemned by the international community, including by the EU and the European Parliament. The ascension of the latest ruler of the Kim dynasty, Kim Jong-un, in December 2011 has not brought tangible change. Since the country is practically closed to foreigners, the human rights situation can only be evaluated based on the testimonies of refugees and defectors.

Their reports consistently reveal blatant and unrepentant violations of human rights, which aim to elicit the total submission of the country’s citizens to the regime and its ideology. While the majority of North Koreans suffer from permanent hunger, those who try to leave the country face harsh punishment upon repatriation. Citizens suspected of being disloyal to the regime and their families are placed, without trial, in prison camps with abhorrent conditions. North Korea is among the countries carrying out the highest numbers of executions in the world.

FOR EUROPEAN PARLIAMENT INTERNAL USE ONLY DG EXPO/B/PolDep/Note/2012_265 PE 491. 441 September 2012 EN Policy Department, Directorate-General for External Policies This Policy Briefing was requested by the European Parliament’s delegation for relations with Australia and New Zealand. AUTHOR: Anete BANDONE Directorate-General for External Policies of the Union Policy Department WIB 06 M 85 rue Wiertz 60 B-1047 Brussels Feedback to anete. bandone@ep. europa. eu is welcome. Editorial Assistant: Pia VANNESTE LINGUISTIC VERSION: Original: EN

ABOUT THE PUBLISHER: Manuscript completed on 17 September 2012. © European Union, 2012 Printed inBelgium This Policy Briefing is available on the intranet site of the Directorate-General for External Policies, in the Regions and countries or Policy Areas section. To obtain paper copies, please send a request by e-mail to: poldep-expo@ep. europa. eu. DISCLAIMER: Any opinions expressed in this document are the sole responsibility of the authors and do not necessarily represent the official position of the European Parliament.

Reproduction and translation, except for commercial purposes, are authorised, provided the source is acknowledged and provided the publisher is given prior notice and supplied with a copy of the publication. 2 Human rights in North Korea TABLE OF CONTENTS 1. 2. 3. 4. 5. Overview Human rights violations International treaties Reactions of the international community Annexes 4 5 10 10 14 3 Policy Department, Directorate-General for External Policies 1. Overview The Democratic People’s Republic of Korea is an authoritarian state that emerged after the Second World War and has been ruled by the Kim dynasty ever since.

The latest national elections, held in March 2009, were neither free nor fair. North Korea’s human rights record is based principally on the testimonies of refugees and defectors. North Korea’s human rights situation is difficult to assess: the access of foreigners to the country is restricted and those who do enter are under close surveillance. North Koreans are not allowed to leave the country, which means that reports are mainly based on the contributions of refugees and defectors.

Non-governmental organisations (NGOs) report that North Korea commits blatant human rights violations: arbitrary and indefinite imprisonment, political prison camps, torture, public executions, suppression of workers’ rights, and prohibitions on freedoms of expression, media, movement, association and religion 1 . North Korea’s human rights violations have been widely condemned, including by the United Nations General Assembly and Human Rights Council, which have adopted several resolutions.

Nevertheless, the North Korean government insists that there are no human rights issues in the country, arguing that its system has been chosen by the people: ‘The words “human rights” sound absolutely nonsensical in the DPRK where the dignity and independent rights of the working masses are fully guaranteed legally and institutionally. ‘ 2 No tangible changes have been seen since Kim Jongun assumed power in December 2011. The ascension of Kim Jong-un after the death of his father Kim Jong-il in December 2012 has hardly changed the grim situation, although Kim Jong-un has spoken about improving people’s lives.

As recently as December 2011 DPRK authorities issued a statement indicating they would ‘annihilate’ up to three generations of a family if a family member fled the country during the 100-day period of mourning following the death of Kim Jong-il Border controls were also intensified 3 . 1 2 US State Department Korean Central News Agency 2012 3 ICNK, Kim Jong Un Tightens Grip along Border , 16 January 2012 4 Human rights in North Korea 2. Human rights violations 2. 1. Executions

North Korea’s criminal code foresees the death penalty for more than 20 crimes, including smuggling and dealing narcotics, stealing state property and counterfeiting currency. The code also allows for arbitrary decisions by the authorities, who can determine ‘the gravest cases’ or ‘extremely serious cases’ 4 . In 2011 North Korea executed 30 or more people, placing the country among the ranks of those carrying out the greatest number of executions in the world, according to Amnesty International 5 . 2. 2. Torture and ill-treatment

Persons who are accused and arrested are often subjected to torture to enforce obedience and obtain bribes or information, despite the fact that North Korea’s criminal code prohibits torture or inhuman treatment. According to Human Rights Watch, common forms of torture include sleep deprivation, beatings with iron rods or sticks, kicking and slapping, and enforced sitting or standing for hours. A study conducted in 2010 found that 60 % of previously imprisoned refugee respondents had witnessed a death due to beating or torture 6 . . 3. Some 200 000 people live in prison camps; incarcerated with their families and without trial. Prison camps According to Amnesty International, around 200 000 prisoners (about 0. 85 % of the population) are held in six large political prison camps (gwalliso). People who are suspected of not being loyal to the regime are sent to these camps without a trial, often with three generations of their family — spouses, children and parents — and mostly without any hope of release.

The prisoners may have committed ‘crimes’ such as not dusting a portrait of the leader or being Christian 7 . North Korea has never recognised 4 Report of the Special Rapporteur on the situation of human rights in The Democratic People’s Republic of Korea 5 Amnesty International, Death Sentences and Executions 2011 6 Human Rights Watch (HRW) World Report 2012 7 The Economist, The gulag behind the goose-steps, 21 April 2012 8 The Situation of Detainees in Gulag System 5 Policy Department, Directorate-General for External Policies that these camps exist.

Conditions in the camps approach those of slavery, with starvation and no medical treatment. Prisoners, including children, are forced to work in conditions approaching slavery, e. g. , mining, logging and farming, seven days a week for twelve hours or more per day. They are frequently subjected to torture and kept on the verge of starvation. A defector has described the daily ration as approximately twenty grains of corn per prisoner. Convicts search through cow dung for undigested grain. No medical treatment is provided in the camp.

Pregnant women are subjected to forced abortions or forced to give up their babies upon delivery to be murdered or abandoned. 8 . In 2011, Amnesty International said it believed North Korea’s prison camps were expanding. The organisation based its findings on satellite pictures 9 ; prison camps can be seen on Google Earth. 2. 4. Food shortages North Korea has been dependent on food aid since famine in the mid1990s. In March 2011, the UN estimated that more than six million vulnerable persons in North Korea needed immediate international food aid 10 .

With food shortages reaching more than one million tonnes, the World Food Programme called it the worst famine in a decade. Among the causes are floods, an extremely harsh winter; discriminatory food policies that favour the elite, and the economic mismanagement of a monetary devaluation scheme in November 2009 that wiped out many peoples’ savings. In his February 2012 report, United Nations (UN) Special Rapporteur Marzuki Darusman called on the DPRK government to allocate more resources to agriculture than to its military sector 11 .

At the same time, he emphasised that food ‘should never ne used as an instrument of political and economic pressure’ (referring to a 1999 General Comment on the right to food by the UN Committee on Economic, Social and Cultural Rights) 12 . Nevertheless, the U. S. suspended its plans for food aid to North Korea after the announcement of a new rocket launch in March. In June 2012, the United Nations Development Programme (UNDP) Resident Coordinator in Pyongyang, Jerome Sauvage, reported that one in two children in North Korea is stunted due to malnourishment 13 .

The year 2013 could be particularly difficult for North Koreans as the 9 Amnesty International, Amnesty International Report Exposes North Korean Gulags, June 2011 10 HRW World Report 2012 11 Report of the Special Rapporteur 2012 12 Report of the Special Rapporteur 2012 13 Reuters, U. N. optimistic on U. S. aid for North Korea, food still a problem, June 2012 6 Human rights in North Korea country may face a new famine due to losses of up to 13 % of its grain harvest this year, according to a recent report by a South Korean official 14 .

Losses result from a drought that followed widespread flooding this summer and that obliged the country to request immediate food assistance. The regime has announced that it has set a goal for 2012 — the centenary of the birth of Kim Il Sung, the first leader of the DPRK — to develop its economy, improve its people’s lives and attract foreign investment 15 . In August 2012, the uncle of North Korea’s leader Kim Jong-un, Jang songthaek, met China’s President Hu Jintao to explore ways to revive North Korea’s decimated economy and advance beyond the Marxist economic model 16 .

There are also reports of plans for financial reform 17 . 2. 5. Media and internet Kim Jong-II’s death clearly demonstrated how tight the government’s grip remains on the media and information: the news was broadcast on North Korean state television only two days later 18 . All sources of media, such as radio and television, are strictly controlled by the government and heavily censored. The contents of national media almost entirely consist of political propaganda and the promotion of the leaders’ personality cults. Internet use is limited to the political elite.

Mobile phone access is limited to an internal network (one million users or 4 % of the inhabitants), and international calls can only be made by foreigners and the political elite 19 . Fines for making an international call can be as high as KPW 1 million (about USD 1 100), coupled with one week of detention 20 . North Korea is ranked second-to-last out of 179 countries in the World Press Freedom Index, before Eritrea 21 . 2. 6. Freedom of expression The government regularly evaluates its citizens’ loyalty to the regime with the help of a large network of informants.

Persons considered subversive are punished; disloyal inhabitants of Pyongyang are expulsed from the capital 22 . 14 15 Reuters, Destitute North Korea’s grain harvest seen falling sharply, 4 September 2012 CIA World Fact Book 16 Reuters, China’s Hu gives show of support for North Korea, 17 August 2012 17 ICNK, The Signs of Financial Reform in North Korea, 28 August 2012 18 Reporters Without Borders: North Korea 19 US State Department 20 Reporters Without Borders: North Korea 21 Reporters Without Borders: World Press Freedom Index 22 HRW World Report 2012 Policy Department, Directorate-General for External Policies 2. 7. Freedom of assembly and association The country’s 1992 constitution includes provisions for freedom of assembly and association, although this is not respected in practice. All organisations are created by the government 23 . 2. 8. Freedom of religion The DPRK is officially an atheist state. Autonomous religious activities are almost non existent, although the government sponsors some religious groups to create the illusion of religious freedom 24 .

The constitution foresees freedom of religion, while specifying that ‘no one may use religion as a means by which to drag in foreign powers or to destroy the state or social order” 25 . In 2009, the South Korean Investigative Commission on Crime Against Humanity reported on the public execution of a Christian woman accused of distributing the Bible. The Bible is banned in the North 26 . 2. 9. Freedom of movement: refugees Leaving the country without state permission is a crime in North Korea.

Those who leave — most often to go to China — face harsh punishment if repatriated. Moreover, as mentioned above, DPRK authorities issued a statement in December 2011 indicating that they would ‘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 27 . Border controls were also intensified last year 28 . Over the years, up to 400 000 North Koreans have fled the country, and many are living in neighbouring China as illegal immigrants.

They are routinely repatriated, despite China’s obligation to offer protection to refugees under international law, the Refugee Convention of 1951 and the Convention’s 1967 Protocol, to which China is a state party 29 . In March 2012, at least 41 North Korean refugees were forcibly repatriated by the People’s Republic of China (PRC) to the DPRK 30 . In June four of them were executed 31 . Up to 400 000 North Koreans have escaped. Those who are repatriated face harsh punishment. 23 US State Department 2011 Human Rights Reports: Democratic People’s Republic of Korea 24 25 CIA World Fact Book

Minority Rights Group International: North Korea Overview 26 BBC, North Korea ‘executes Christians’ , July 2009 27 European Parliament Resolution, 25 May 2012 28 Report of the Special Rapporteur 2012 29 HRW World Report 2012 30 UN Human Rights Council 31 ICNK, North Korea executes 4 defectors sent back from China 8 Human rights in North Korea 2. 10. Labour rights North Korea is one of the few countries that have not joined the International Labour Organisation (ILO). The ruling Korean Workers’ Party controls the only authorised trade union organisation, the General Federation of Trade Unions of Korea 32 . 2. 11. Minority rights

There is no specific provision regarding the protection of minorities in North Korean legislation. North Korea is one of the world’s most homogeneous countries in linguistic and ethnic terms: almost all 23 million inhabitants are ethnic Koreans whose ancestors have been living there for thousands of years. There is only one, very small Chinese minority of around 50 000. 33 2. 12. Rights of disabled people Although North Korea participated in the 2012 Paralympics in London, there have been reports in the past of disabled newborns being killed and of disabled people being sent to special camps and banned from the capital 34 .

A 2003 law stipulates equal access for disabled persons to public services but has not been implemented. 35 2. 13. Abductions In the past, the DPRK has been involved in the abduction of foreign citizens, mainly South Korean and Japanese individuals. More than 500 persons have reportedly been kidnapped. However, no progress has been made with investigations into such abductions or the release of abductees since 2002, when two Japanese nationals were returned to Japan 36 . The DPRK had promised to reopen the investigation into the cases of suspected abductions of Japanese nationals in 2008 37 . . 14. Rule of law And independent judiciary and individual rights do not exist in North Korea, although, according to the country’s constitution, courts are independent 32 33 HRW Report 2012 Minority Rights Group International: North Korea Overview 34 ICNK, Disability, the Paralympics, and Ji Seong Ho, 30 August 2012 35 US State Department 2011 Human Rights Reports: Democratic People’s Republic of Korea 36 Report of the Special Rapporteur 2012 37 US State Department 2011 Human Rights Reports: Democratic People’s Republic of Korea 9

Policy Department, Directorate-General for External Policies and judicial proceedings must strictly follow the law. 3. International treaties North Korea is party to four international human rights treaties: ? ? ? ? the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), the International Covenant on Economic, Social, and Cultural Rights (ICESCR). 4. Reactions of the international community 4. 1. UN

In March 2012 a UN Human Rights Council adopted a resolution expressing concerns about the ‘ grave, widespread and systematic human rights abuses human rights violations’ in North Korea. The resolution deplored the refusal of the government to ‘allow [the Special Rapporteur on human rights] access to the country” 38 . For the first time, North Korea’s allies in the Council (including China and Russia) did not call for a vote, but instead allowed the resolution to pass by consensus 39 . This sort of resolution has, in the past, had little impact on North Korea.

When a previous resolution on human rights condemned the situation in the North, the country’s state news agency, the Korean Central News Agency, ran the following response: As already reported, the ‘resolution on human rights’ against the DPRK was railroaded through the 60th UN General Assembly due to the pressure and the lobbying operation of the U. S. , Britain, Japan and other hostile forces. The “resolution” is peppered with lies and fabrications defaming the advantageous Korean-style socialist system centred on the popular masses.

That was why it failed to get the approval of many member nations at the general assembly as it was a controversial one which clearly indicated the politicization of the human rights issue, selectivity and double standards 40 . In March 2012, a UN resolution about human rights in North Korea was passed by consensus. 38 39 Report of the Human Rights Council on its nineteenth session, unedited version HRW, UN Human Rights Council: North Korea Condemnation Goes Unopposed , 23 March 2012 40 Korean Central News Agency 2005 10 Human rights in North Korea

Despite the efforts of the UN the Secretary-General and the Special Rapporteur, the DPRK ‘continues to be late in reporting to the treaty bodies or uncooperative with the special procedures’ 41 . There have, however, been some signs of cooperation with other UN bodies, including the World Food Programme (WFP), the United Nations Children’s Fund, the World Health Organisation and the Office for the Coordination of Humanitarian Affairs. In October 2011, the UN’s Emergency Relief Coordinator visited the DPRK to assess the humanitarian situation 42 .

In July 2012, a UN mission was granted access to the country to evaluate the damage caused by the floods. 43 In 2013, Special Rapporteur Darusman, is due to report to the Human Rights Council. North Korea will prepare its next periodic review for the same time 44 . There are small signs that the country is beginning to cooperate with some UN bodies. 4. 2. ICNK The International Coalition to Stop Crimes against Humanity in North Korea (ICNK), established in September 2011, is the first international coalition that brings together human rights organisations from around the world 45 .

Some 40 organisations have joined the coalition. On April 2012 the ICNK submitted a petition to the special procedures of the United Nation Human Rights Council calling for the UN to help shut down North Korea’s vast gulag system. 46 Delegates of the ICNK met Members of the European Parliament and EU officials in Brussels on 7 June 2012 to persuade them to support the establishment of a UN commission of inquiry into human rights abuses in North Korea. 4. 3. Six-party talks

The ‘six-party talks’, which include China, the United States, North and South Korea, Japan and Russia, are aimed at ending North Korea’s nuclear program through a negotiating process. Although human rights are not one of the topics of discussion for the talks, the Special Rapporteur believes that progress in these negotiations will assist discussions on other issues, such as the human rights situation 47 . Six-party negotiations have not taken place since December 2008. 41 42

Report of the Special Rapporteur 2012 Report of the Special Rapporteur 2012 43 UN to assess North Korea floods as more rain falls 44 Report of the Special Rapporteur 2012 45 The International Coalition to Stop Crimes against Humanity in North Korea (ICNK) 46 ICNK press relase, 3 April 2012 47 Report of the Special Rapporteur 2012 11 Policy Department, Directorate-General for External Policies 4. 4. The EU and its Member States engage in regular political dialogue with North Korea, including through the UN. European Union The EU conducts regular political dialogues with the DPRK.

The European Union established diplomatic relations with the DPRK in May 2001, and the majority of EU Member States have diplomatic relations with the DPRK. These contacts provide an opportunity to discuss human rights. The EU has also regularly raised the issue of the North Korean human rights situation in discussions at UN bodies. Since 1995, the EU has been involved in various assistance programmes and cooperation activities with the DPRK. Since then, over EUR 366 million in aid has been provided in the form of food aid, medical, water and sanitation assistance and agricultural support 48 .

The EU supports, however, the Special Rapporteur’s ‘call to rectify flaws in production, distribution and trading systems and to stop the misallocation of resources for military purposes’ 49 . A Country Strategy Paper was adopted in March 2002, but its implementation has been suspended. There are currently no plans for a new Country Strategy Paper or for development cooperation, although this remains open for the future 50 . As part of the interactive dialogue with the Special Rapporteur, the EU has encouraged ‘the DPRK’s new eadership to use its next universal periodic review in 2014 as an opportunity to enhance its dialogue with the international community and to provide undisclosed information of its criminal code’, including subsequent revisions and addendums 51 . The EU is also involved in a number of assistance programmes. EEAS: North Korea EEAS, HRC19 – Interactive dialogues on Syria, Iran, Burma/Myanmar, North Korea , 12 March 2012 50 EEAS: North Korea 51 EEAS, HRC19 – Interactive dialogues on Syria, Iran, Burma/Myanmar, North Korea 49 48 12 Human rights in North Korea 4. . 1 European Parliament The European Parliament has adopted several resolutions on North Korea, the latest in May 2012 concerning the forced repatriation of North Korean refugees in China 52 . In July 2010, the Parliament called on the EU ‘to appoint an EU special representative on the DPRK to ensure persistent attention and coordination’ 53 . Following the death of Kim Jong-il, Parliament’s former President Jerzy Buzek issued a statement calling on the North Korean authorities ‘to make concrete and tangible steps towards improving human rights conditions’.

He called ‘on the authorities to allow inspection of all types of detention facilities by independent international experts and to allow UN Special Rapporteurs to visit the country’. He also urged the country ‘to engage constructively in human rights dialogues with the EU’ 54 . A public hearing organised by the Parliament’s Subcommittee on Human Rights took place in May 2012 with the participation of a former prisoner, the brother of a Japanese abductee and the US Special Envoy Robert King. 52

European Parliament resolution of 24 May 2012 on the situation of North Korean refugees 53 European Parliament resolution of 8 July 2010 on North Korea 54 Buzek on the death of Kim Jong-il, 19 December 2011 13 Policy Department, Directorate-General for External Policies 5. Annexes Figure 1: Map of North Korea Source: United Nations Table 1: Data Basic information on North Korea Population Capital Life expectancy 24 589 122 (July 2012 est. ) Pyongyang 66 years for men, 72 years for women (UN) 14