Muhammad Muzahidul Islam :
It has already been a decade since the report of the Commission of Inquiry (COI) established by the UN was published. A three-member independent body published its report in 2014. After investigation, the COI found that crimes against humanity were committed in N Korea.
Do we find any change, after a decade, in the situation of human rights in N Korea? What can still be done to hold the perpetrators accountable and to close the mouth of impunity?
This year (2024) marks the 10th anniversary of the said U.N.’s report. Mr. Kirby (Australia) was a Chair of the three-person commission. And other two members were – Sonja Biserko (Serbia) and MarzukiDarusman (Indonesia).
The COI published its report in 2014 detailing how crimes against humanity were committed in North Korea. The COI also found that crimes against humanity are ongoing in North Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place.
We know that Kim Jong Un took the leadership in 2011. And since then there has been a little change in the situation in N Korea. According to the report (World Report 2024, North Korea) of Human Rights Watch, “The Democratic People’s Republic of Korea (DPRK, North Korea) remains one of the most repressive countries in the world.
A 2014 United Nations Commission of Inquiry report found that the government committed systematic, widespread, and gross human rights violations that constitute crimes against humanity.
Ruled by third-generation totalitarian leader Kim Jong Un, the government maintains fearful obedience by using threats of torture, executions, imprisonment, enforced disappearances, and forced labor.
It systematically denies basic liberties, including freedom of expression, association, and religion. It does not tolerate pluralism, and it bans independent media, civil society organizations, and trade unions.”
Despite the fact that there is no promotion of human rights in North Korea since the publication of the said report, the report of COI has been raising awareness among the international community of human rights abuses that have been committed in North Korea.
For an example, I can mention the activities of the Office of High Commissioner of Human Rights (OHCHR). Let me go for the following report of OHCHR and its summary; “A/HRC/52/64: Promoting accountability in the Democratic People’s Republic of Korea – Report of the Office of the United Nations High Commissioner for Human Rights.Summary: The present report, submitted to the Human Rights Council pursuant to its resolutions 49/22 and 46/17, describes the activities of the Office of the United Nations High Commissioner for Human Rights in promoting accountability for human rights violations in the Democratic People’s Republic of Korea, highlighting the progress made and the challenges encountered.
It also examines information the Office of the High Commissioner has gathered on human rights violations committed in the Democratic People’s Republic of Korea in the light of relevant international legal standards.
It concludes with recommendations addressed to the Government of the Democratic People’s Republic of Korea, other Member States and the Council.”
It is really a demand of the time to hold the perpetrators accountable.
On accountability I would like to quote from a great article (What can still be done about widespread human rights abuses in North Korea, authored by Gabriela Bernal,March 14, 2024) published in NK NEWS; “One of the main issues of concern regarding human rights abuses is the problem of accountability.
The 2024 report of the U.N. special rapporteur on North Korean human rights to the Human Rights Council particularly emphasized this topic, stating that it is the “responsibility of states to investigate and prosecute human rights violations that amount to crimes under national or international law.”
Youngsoo Yu, assistant professor at the University of North Korean Studies, told NK News that the lack of accountability for grave human rights abuses committed by various countries, such as Syria and Myanmar, strongly “undermines international human rights cooperation” and inhibits an effective response by the international community.
The special rapporteur’s report highlighted the difficulties of bringing the DPRK situation to the International Criminal Court (ICC) due to the court’s lack of jurisdiction and other restraints. Instead, it suggests the possibility of a U.N. member state bringing the case before the International Court of Justice (ICJ) regarding human rights abuses committed in violation of human rights treaties to which North Korea is a party.
The report cited the 2019 example of Gambia’s case against Myanmar and the more recent 2024 case of South Africa against Israel. Such a case against North Korea would bring global attention to the country’s human rights abuses and mark a step toward real accountability, but it would also greatly anger Pyongyang and would require a significant investment of political capital.”
Instead of criminal prosecution, one could argue for other options that exist to hold the DPRK and perpetrators accountable; for example, ‘diplomacy’; because, the roles of Russia and China in the UN Security Council create, sometimes, barriers on the way to improving human rights in North Korea.
North Korea has violated human rights since the publication of the COI’s report; it seems that it does not have any obligations to respect the human rights of the people of North Korea. Perpetrators have been enjoying a culture of impunity in North Korea.
It is an expectation that the international community would take effective initiatives to hold the perpetrators accountable closing the mouth of impunity.
(The writer is a barrister-at-law, human rights activist and an advocate at the Supreme Court of Bangladesh.)
