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A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National report', the 'Compilation of UN information' and the 'Summary of stakeholder information'. Also included is the final report and the list of accepted and rejected recommendations.
Democratic People's Republic of Korea - Nineteenth session - 2014
1st May - 2.30pm - 6pm
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National Report
Compilation of UN information
Stakeholder Information
Accepted and rejected recommendations
III. Legislative and institutional measures for the protection and promotion of human rights -
A. Legislative measures - 1. Human rights legislation
9. The Ordinance on the Enforcement of Universal 12-year Compulsory Education was promulgated at the 6th session of the 12th Supreme People’s Assembly on September 25, 2012, to replace the 11-year education system that had been in force. The particulars of change resulting from the enforcement of the new education system were legalized through the amending of the Constitution and other education-related laws and regulations. This new system enabled further improvement of general secondary education through teaching students general basic knowledge and modern basic technical knowledge.
10. The Law on the Protection and Promotion of Child Rights and the Law on the Protection and Promotion of Women’s Rights were enacted on December 22, 2012, and together with the Law on the Care of the Elderly and the Law on the Protection of Persons with Disabilities they reinforced legal framework for the protection of vulnerable group.
11. The Law on the Protection and Promotion of Child Rights comprehensively provides for such matters as principle in the protection and promotion of child rights, their rights in social life, medical care, education, family and judicial matters as well as obligations of the government organs concerned.
2. Accession to international treaties
19. Signing of or accession to other international human rights instruments including the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography is under consideration by the institutions concerned.
3. Human rights education
22. On such occasions as Human Rights Day, International Women’s Day, International Children’s Day and the International Day of Persons with Disabilities, etc. the mass media gave wide publicity to the contents, principles and requirements of the international human rights instruments to which the DPRK is a party.
B. Institutional measures
24. By the decision of the Presidium of the Supreme People’s Assembly in June, 2010 the Ministry of Education was restructured to be Education Commission comprising Ministries of Higher Education and General Secondary Education with a view to further qualitative improvement of education and providing more effective guidance to the educational work as required by the new developments.
IV. Achievements in protecting and promoting human rights -
A. Civil and political rights - 1. The right to life and liberty
31. Death sentence was not imposed for a crime committed by a person below eighteen years of age.
4. The right to submit complaints and petition, freedom of expression
44. Citizens’ freedom of expression and press were effectively guaranteed and protected [...] Citizens expressed their views on various social and political issues through mass media and forums, and participate in annually-held national or regional exhibition of scientific and technical achievements, software contests, prize contests of literature and art works and audio-visual performances to present their creative works and have them protected. Children as well as adults also created literature and art works and had them published in periodicals or Collection of Children’s Works.
B. Economic, social and cultural rights - 1. The right to health care
48. In order to reach the world level in major health indicators like life expectancy, births attended by skilled health workers, infant mortality rate, communicable diseases prevention rate, Country Strategy for Health (2011–2015), Strategy for Drug Management, Program for Control of AIDS, Tuberculosis and Malaria, Reproductive Health Strategy and other sector-specific programs were formulated.
53. World-class Okryu Children’s Hospital, Ryugyong Dental Hospital, Munsu Recovery Center, General Dental Hospital and other modern medical centres were built. Vaccine factories, Pyongyang Municipal Hospital No.2, Korean Red Cross Hospital and Pyongyang Maternity Hospital were rebuilt or renovated.
56. Life expectancy increased from 68 in early 2000 to 70.3 in 2010, and mortality rate decreased from 8.8 per thousand in 2000 to 8.5 in 2010. In January 2011, the World Health Organization noted in one of its reports that significant improvement was made in public health and primary medical care of the DPRK through its comprehensive and vibrant district doctor system, including considerable improvement in maternal and child health, and increased vaccination coverage.
2. The right to education
60. Students of the DPRK proved successful in many of international contests, taking the first place in the national students’ academic contests held in Romania in 2012 and 2013, winning gold and silver medals in the 54th International Math Olympiad held in Columbia in 2013 and taking first prize and special prize in the 20th International Juvenile Chopin Piano Contest held in Poland in 2012. All these serve as eloquent testimonies to the efforts made by the Government for the development of education.
61. E-libraries with a database of a large volume and high-tech information system were set up at Kim Il Sung University and many others, providing excellent conditions for educational researches and international scientific discussions and exchange.
62. A new TV channel for education launched in 2012 gave students great help in their studies through the televising of educational achievements at different universities, results of national software contests and exhibitions, lectures of renowned professors and latest news in science and technology.
63. Tele-education system for the working people across the country was set up at the Grand People’s Study House, which makes it possible for scientists, technicians, officials and students to have, through the libraries and scientific and educational establishments in their localities, immediate access to the latest scientific and technical information helpful to solving problems arising in their practical activities.
64. The existing school support system was further reinforced, under which all institutions, enterprises and organizations were actively involved in providing schools under their charge with better educational conditions and stronger material and technical foundations, particularly in March and October, the months for school support.
3. The right to housing
65. The Government continued to implement the policy of building dwelling houses at the State expense and providing them to people free of charge.
67. (M)any dwelling houses, schools and kindergartens were newly built on small and large islands on the West Sea.
4. The right to cultural life
68. The Government, having set an ambitious goal of building a civilized socialist nation, made great efforts to provide people with a more cultured and happy life. Places of recreation and relaxation and centers for cultural and leisure activities were set up in different parts of the country, creating conditions for people to relax and enjoy in a more diverse way.
70. Every year people from all walks of life including youth and children enjoyed socialist benefits to their hearts’ content, relaxing at resorts and camps at famous mountains, scenic spots, spas and seaside.
C. Rights of special groups - 1. Child rights
76. The Government, putting forward children as future masters of the country, regards it an important part of its work to create all conditions for them to grow up and live healthily under clean and culturally developed environment.
77. From 1976 when the Law on Nursing and Upbringing of Children was adopted to 2010, laws concerning the protection of child rights, namely, Family Law, Public Health Law, Education Law, General Secondary Education Law and Law on Protection and Promotion of Child Rights were adopted, thus securing firm legal guarantees for the effective promotion of child rights on the principle of best interests of the child
78. Modernly-equipped Okryu Children’s Hospital was built in Pyongyang in 2013, provincial children’s hospitals renovated on modern lines and first-aid, vaccination and other medical service for children improved in quality.
79. For the promotion of health and nutrition of children and students soybean milk production bases were set up not only in cities but also in the countryside, and people’s committees concerned assumed direct responsibility for the whole process from the supply of raw and other materials to the production and transport of the milk.
80. Children’s nutritional condition improved significantly. Infant and under-5 mortality rate in 2010 were 16.7 and 22.7 per 1,000 live births respectively, a 50% decrease as against the late 1990s. Under-5 chronic malnutrition rate in 2012 stood at 27.9%, an improvement as against 32.3% in 2009.
81. In the light of the requirements of the era of knowledge-based economy and the world educational development trends universal 12-year compulsory education system was introduced as part of the efforts to attain the education-related Millennium Development Goals on higher level, thereby creating conditions for children to acquire comprehensive knowledge.
82. Branch schools were set up, trains, buses or boats provided for students in remote mountainous villages and islets, and school materials and fixtures supplied to them so that they could have equal schooling with urban children.
83. In order to help students develop intellectually, morally and physically, students’ halls and extracurricular sports schools in the capital city and localities were extensively refurbished, where students conducted diverse cultural and sports activities after school. Children’s Union Camps were also renovated in a modern style, providing better conditions for children to fully enjoy themselves at scenic spots across the country.
84. As the State took it upon itself to look after children without parents, they were taken good care of at the State expense. Clothes were provided to them twice a year and school materials and nutritive foods regularly. In 2013 vehicles were provided to their schools for use in the management and supply service.
85. In April 2012 school uniforms were given to millions of students at primary and secondary schools, colleges and universities at a very low price subsidized by the State.
2. Women’s rights
89. On the occasion of the first Mother’s Day in the DPRK, the 4th National Mothers’ Meeting was held on November 16, 2012, at which State commendations were awarded to women who gave birth to several children and brought them up creditably, those who took care of parentless children, model workers and those who did a lot for the society and collective.
92. In accordance with article 66 of the Labour Law, working women are entitled, in addition to regular and additional holidays, to 60- and 90-day leave before and after childbirth irrespective of their term of service. At central and provincial maternity hospitals women receive free treatment not only for childbirth but for health care before and after delivery. For instance, during the past 30 years since the opening of Pyongyang Maternity Hospital over 6,730,000 women benefited from treatment by use of modern medical appliances and tonics of all varieties, and 710,000 babies were born including more than 400 triplets and quadruplets. The number of foreign women who received free medical care or had childbirth at this hospital in the same period totals over 7,000.
93. In 2010, proportion of births attended by skilled health personnel reached 97.3% and percentage of contraception 70.6% thanks to the responsible care of women before and after childbirth by polyclinics and ri-people’s hospitals and a high level of family planning provided by them.
4. The right of persons with disabilities
107. There has been established under the Korean Federation for the Protection of Persons with Disabilities Korean Company Supporting the Disabled (January, 2010), [...] Korean Rehabilitation Centre for Children with Disabilities (March, 2012), [...] thereby creating better conditions for the protection of persons with disabilities.
109. The Korean Rehabilitation Centre for Children with Disabilities is focusing on the early detection of disabilities and early recovery among children aged between 3 and 8, as well as their comprehensive education on a pilot basis. Achievements were also made in improving educational amenities and living conditions of special schools for children with disabilities and updating the contents of vocational education.
114. The Korean Federation for the Protection of Persons with Disabilities is, on the basis of the mid-term plan (2012–2015) for further improvement of its work, undertaking preparatory work for raising the level of vocational training, provision of decent working and living conditions and comprehensive education for children.
1. The Secretary-General recalled recommendations by treaty bodies that the Democratic People’s Republic of Korea consider joining the International Labour Organization, with a view to ratifying Conventions No. 182 concerning the Worst Forms of Child Labour and No. 138 concerning the Minimum Age for Admission to Employment.
3. The Secretary-General observed that there were limited provisions in the Constitution addressing the specific needs of women and children, as provided for under the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law -
A. Equality and non-discrimination
19. The General Assembly, in its 2011 and 2012 resolutions, addressed the specific vulnerability of children, in particular the continued lack of access to basic economic, social and cultural rights. In those resolutions, the Assembly pointed to the particular vulnerability of repatriated children, street children, children with disabilities, children whose parents were detained, and children living in detention or in institutions or in conflict with the law.
B. Right to life, liberty and security of the person
27. The Special Rapporteur indicated that one particularly worrying practice was detention due to guilt by association: when a person was punished for a political or ideological crime, members of his or her family were also punished.
28. In 2013, the Commission of Inquiry noted in a press release that women were at the centre of the testimony presented: they were the victims of the worst abuses: in detention, when they were tortured, sexually assaulted and raped; when they fended for their families suffering the effects of food shortages, by taking dangerous routes to illegally cross into a third country to find ways to feed their children. The Special Rapporteur noted information regarding the treatment of women in detention, and the practice of forced abortion and infanticide.
G. Right to work and to just and favourable conditions of work
45. UNCT indicated that in the Democratic People’s Republic of Korea, people were believed to have an obligation to work. Forced voluntarism was widely used, and people were used for all sorts of community work. The Constitution stated that the rights and duties of citizens were based on the collectivist principle: “One for all and all for one”. The minimum working age in the country was 16 years, and while no small children had been observed to take part in collective community work, adolescents did take part.
46. The Special Rapporteur observed that children at school, particularly middle school, were also forced to work on State projects, such as collective farms, and parents were punished if the children did not contribute.
I. Right to health
56. UNCT observed that the 2012 National Nutrition Survey found some modest improvements in the nutritional situation of children, with the prevalence of stunting having decreased from 32.3 per cent to 27.9 per cent since 2009. The Secretary-General noted that the 2012 survey found that 1 in 4 children (27.9 per cent) were stunted, with disparities across provinces. UNCT also observed that acute malnutrition (wasting) had decreased from 5.2 per cent to 4.0 per cent. Nevertheless, severe acute malnutrition was still almost at the same level, illustrating that underlying causes such as lack of access to essential medicines, to quality water and sanitation or food diversity, were still challenging the health and growth of children.
57. UNCT indicated that despite a number of challenges, the country was on track to achieve Millennium Development Goal (MDG) 4 (reduced child mortality), with an infant mortality rate of 26 per 1,000 live births, an under-five mortality rate of 33 per 1,000 live births and neonatal mortality at 18 per 1,000 live births. However UNCT also observed that with the current rate of maternal mortality – 81 per 100,000 births – the country would not be able to achieve its MDG target of 50 per 100,000 live births, despite the fact that almost all deliveries were reportedly attended by skilled personnel. Lack of essential emergency obstetric and neonatal services coupled with the poor quality of reproductive and maternal health services remained a challenge. Moreover, 26 per cent of women of reproductive age were undernourished.
58. The Secretary-General noted information that undernutrition remained among the major underlying causes of maternal and child mortality and constituted a serious public health problem.
59. The Special Rapporteur noted that despite some improvements in recent years the current infant mortality and maternal mortality rate were still considerably higher than in the 1990s. A factor that had contributed to the worsening health condition of the people was the dire state of the health-care system. The system had faced financial constraints over the past two decades, which had led to a general rundown of the infrastructure.
J. Right to education
61. UNCT indicated that in 2012, the country had revised its free and compulsory education law by making education compulsory for 12 years rather than the existing 11. It observed that the quality of education did not yet conform to CRC and was overloaded with ideological teachings and indoctrination. School infrastructure was deteriorating, including lack of teaching and learning materials in most of the secondary schools. While there was gender parity in school education, participation of women in higher education was 17 per cent of the total enrolment in general and technical universities. It recommended that the Government provide: 12 years of free and compulsory education of uniform quality across the country; and equal opportunity for women to access higher education on par with men. UNCT stated that the country needed to allocate far more resources to maintaining its school infrastructure. UNESCO encouraged the Government to continue to allocate increased resources to achieving better quality education.
62. UNCT indicated that the State needed to review its policy of institutionalized care for certain categories of children and bring it into line with international practices and norms of inclusive education.
4. (Joint Submission 1 (JS1)) stated that steps had been taken to implement some human rights regulations, such as the Law on Labour Protection of 2010. NKHR also pointed to the enactment of the Women’s Rights Act in December 2010 along with the Children’s Rights Act.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law - 1. Equality and non-discrimination
15. CSW stated that a key aspect of control of society was the songbun system of social classification, which divided the population into 51 categories of political class, grouped into three broad castes: ‘core’, ‘wavering’ and ‘hostile’ classes. A person’s class was determined by birth, taking into consideration the political record and background of the family, and affected every aspect of life, including access to education, health care, food rations and employment opportunities.
17. NKHR further reported that many of the policies of the State ran contrary to the idea of rights and freedoms expressed in the Act itself. For example, women reported that the State (through the Women’s League) was re-enforcing the ideological education of the traditional role of women in a patriarchal society and educated them on bearing more children, though the State did not provide services for the well-being, education or health of children and the free services system had collapsed long ago.
19. HRW and Jubilee Campaign (JC) stated that children faced discrimination and even punishment on the basis of the status, activities, expressed opinions, or beliefs of their parents or other family members. LFNKR called on the government to immediately abolish the class system and the system of “guilt-by-association”.
2. Right to life, liberty and security of the person
24. AI reported that it released satellite imagery showing four political prison camps kwan-li-so occupying huge areas of land and located in vast wilderness sites. Hundreds of thousands of people were estimated to be held in kwan-li-so and other detention facilities in DPRK. CSW reported that prisoners in kwan-li-so were forced to complete work such as mining, logging and intensive factory labour on the barest of food rations, leaving them prone to fatigue and sickness, and in many cases, to eventual death. JS1 alleged that among those prisoners were persons charged of guilt by association for collective punishment (Yeon-jaw-je) of up to three generations, including children, women, and elders. JS1 recommended abolition of collective punishment, particularly for family members of defectors.
27. PSCORE reported that sexual abuse against women was widespread and tolerated in detention facilities with LFNKR also reporting that torture and rape were commonly used by the security forces. CSW reported that pregnancies were generally disallowed within the prisons and recommended that DPRK must immediately desist from any policy that encourages forced abortions or the murder of newborn babies. JS1 recommended that DPRK apply a standard of action in detention facilities that ensures the Laws that Protect Children and Women’s Rights.
30. Global Initiative to End All Corporal Punishment of Children (GIEACPC) reported that corporal punishment of children in all settings had still not been prohibited: it remained lawful in the home, alternative care settings and possibly in schools. GIEACPC recommended that legislation be enacted to explicitly prohibit corporal punishment of children in all settings, including the home.
31. According to HRW, the trafficking of North Korean women and girls persisted. Victims were persuaded to travel to the border either to escape DPRK or to seek economic opportunities and then were abducted or duped into marriage, forced labour or sexual exploitation. JC recommended that all migrant and trafficked people who return to the DPRK, especially children, should be treated as victims and not as criminals.
7. Right to work and to just and favourable conditions of work
45. HRW reported that the government required forced, uncompensated labour from workers, including even schoolchildren and university students, as part of its economy.
50. Around 2.4 million needed regular food assistance and these included vulnerable groups such as children, pregnant women and the elderly in the most food insecure provinces.
10. Right to education
57. LFNKR reported that in practice children were frequently unable to attend school because of the desperate shortage of food, in addition to a lack of adequate clothing and supplies for school. LFNKR urged the Government to commit to working with the international community to rebuild its educational system and ensure that all children receive, at minimum, appropriate free and compulsory primary education that is comparable to those of other countries.
58. JC stated that school children were required to do several hours of military training and political indoctrination and recommended that DPRK stop the process of early militarization of children in the school system.
59. HRW alleged that teachers and school administrators forced students to work, including gathering foodstuffs for re-sale from mountainous areas, cutting down trees for use by the schools, collecting valuable raw materials according to a quota and submitting them for recycling as an alleged part of a government campaign, and working in agriculture on state-run farms. Starting during middle-school years, when they were approximately 11 years old, children studied in the morning but were sent for unpaid school-organized work details in the afternoon. In poorer provinces in the north, students were sometimes expected to be working as early as age 8 or 9. HRW recommended that DPRK immediately cease all use of students of any age for forced, unsafe, or vocationally unjustifiable labour activities.
12. Minorities
61. LFNKR stated that North Korean society was largely homogeneous. However, women who crossed the border and were found to be pregnant upon their return were commonly forced to undergo abortions in order to prevent the births of half-Chinese children. Related concerns were raised by PSCORE and JS1.
13. Migrants, refugees and asylum seekers
62. HRW stated that leaving the country without state permission was considered an act of treason, punishable by lengthy prison terms. [...] Even some children who had crossed the border without permission had been subjected to detention and severe ill- treatment upon return.
Accepted and rejected recommendations
The following recommendations were accepted:
124.30 Continue taking concrete measures to further promote and protect human rights, particularly for women and children (Iran (Islamic Republic of));
124.31 Continue to implement national laws in compliance with international human rights instruments in all areas, especially on the human rights of vulnerable groups, rights of the child, women’s rights, rights of persons with disabilities and elderly persons (Thailand);
124.34 Take more practical measures for the protection of children, women and other vulnerable groups and full enjoyment of their rights (Cuba);
124.35 Take the necessary measures to ensure the full implementation of laws on the promotion and protection of the rights of the child (Syrian Arab Republic);
124.36 Make further efforts to enhance awareness of rights of women and children as contained in the newly adopted laws (Timor-Leste);
124.55 Continue with the cooperation programs, in line with the World Food Programme, with priority given to the most vulnerable groups, such as elderly persons, women and children, and ensure they are implemented transparently (Uruguay);
124.112 Enact and implement legislation to prohibit corporal punishment of children in all settings (Norway);
124.117 Make efforts to achieve respect for all fundamental rights and freedoms of the entire population, especially women and children, and take all necessary measures to ensure the fight against impunity for the perpetrators of crimes, acts of violence and all human rights violations (Argentina);
124.122 Provide more convenient living conditions to children without parents (South Sudan);
124.154 Intensify efforts to develop poverty alleviation programmes with specific attention to empower marginalised and vulnerable groups within the society, such as children, women and the elderly (Sri Lanka);
124.162 Take further measures to improve access to basic health care, nutrition and education of children (India);
124.170 Provide the necessary resources to the health system, in order to strengthen it, and especially in order to lower child and maternal mortality rates (Uruguay);
124.171 Continue actions to ensure that children in the most disadvantaged areas enjoy the same benefits in education and health enjoyed in urban areas (Venezuela (Bolivarian Republic of));
124.178 Continue to make efforts to ensure that children with disabilities and those without parents fully enjoy their right to health, education and other social and cultural rights (Sri Lanka);
124.179 Provide all means and resources to allow children with disabilities to enjoy the right to education and have access to sport activities (Egypt).
The following recommendations were rejected:
125.41 Take immediate measures to end discrimination against its citizens for the alleged sins of their grandparents under the songbun system; ensure gender equality in practice; and address violence against women and girls (Australia).
The following recommendations were noted by the Government of the DPRK:
124.119 Tackle impunity by investigating and timely prosecuting those responsible for acts of violence and human rights violations, in particular those committed by law enforcement and other authorities, and pay special attention to women and children to avoid that they are subjected to sexual abuse in detention (Ecuador).