AFTERNOON - Deaths by Starvation Reported in Democratic People’s Republic of Korea, Special Rapporteur Tells Human Rights Council

Fact-finding Mission on the Bolivarian Republic of Venezuela Identifies more than 200 Killings by Police Forces since the Start of the Year

The Human Rights Council this afternoon held separate interactive dialogues with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, and with the Independent International Fact-finding Mission on the Bolivarian Republic of Venezuela.

Tomas Ojea Quintana, Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, said that increased food insecurity had been caused by COVID-19 prevention measures and combined with a lack of humanitarian operations, restrictions on trade with China, sanctions and natural disasters, this could lead to a serious food crisis. Deaths by starvation had been reported. Accountability of those most responsible for human rights violations in the Democratic People’s Republic of Korea that may amount to crimes against humanity was imperative. The time had come for the Security Council to decide on the referral of the situation of the Democratic People’s Republic of Korea to the International Criminal Court.

The Democratic People’s Republic of Korea was not present in the room to speak as the country concerned.

Speakers asked the Special Rapporteur if there were any perspectives for constructive engagement with the authorities in addressing the COVID-19 pandemic. Some speakers criticized the consideration of the human rights’ "dossier" of the Democratic People’s Republic of Korea, which was used solely for the purpose of putting pressure on the country's authorities, interfering in its internal affairs in order to provoke internal political instability. Expressing deep concern about the deteriorating human rights situation in the country, other speakers condemned reports of “shoot to kill” orders along the border and strict controls on freedom of movement and foreign media.

Speaking were European Union, Russian Federation, France, Switzerland, Japan, Australia, Venezuela, Norway, Republic of Korea, United States, Spain, Lao People's Democratic Republic, Belarus, China, Syria, United Kingdom, Cambodia, Sri Lanka, Cuba, South Sudan, Nicaragua, Burundi, Ireland, Indonesia, Viet Nam and Czech Republic.

The following civil society organizations also took the floor: Jubilee Campaign, Christian Solidarity Worldwide, Ingenieurs du Monde, Amnesty International, United Nations Watch, Tamil Uzhagam, People for Successful Corean Reunification, and U.S. Committee for Human Rights in North Korea.

The Human Rights Council then held an interactive dialogue with the Independent International Fact-finding Mission on the Bolivarian Republic of Venezuela.

Marta Valiñas, Chair of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela, said that on 6 December, Venezuela had held parliamentary elections, assessed both nationally and internationally as neither free nor fair. The political climate of exclusion of dissenting voices appeared to continue, with repression against individuals perceived to be “internal enemies” or opponents of the Government also continuing. The Mission had identified over 200 killings committed by police forces since the start of the year, while public officials continued to impede accountability for unlawful killings.

Venezuela, speaking as a country concerned, said it refused and categorically rejected the mechanisms that sought to divide countries that were supposedly good and supposedly bad. According to this heinous classification, Venezuela was supposed to be a bad country – this was a point that made human rights political football. This unfair report was an example of a lack of morality, presenting politicised information with no balance. The report was drafted using fake news with anonymous sources published on social media. Venezuela had achieved tangible results in cooperation with the Office of the High Commissioner, which were completely ignored by this Fact-finding Mission.

In the ensuing discussion, speakers said democracy and the rule of law were eroding in Venezuela, as people who denounced human rights violations faced persecution and harassment. Particularly worrying were repression by security forces, including against civil society organizations, arbitrary detention, defamatory campaigns, the stifling of the freedom of expression, the seizure of journalists’ equipment, as well as the situation in the Arco Minero region and the incident in La Vega that had resulted in 20 deaths. Speakers said that the situation of human rights must only be examined with the full cooperation of the State concerned; equal, mutually agreed cooperation must serve as the basis of the Council’s work. They strongly advised the Mission to review its methodology and sources.

Speaking were European Union, Peru (on behalf of a group of countries), Germany, Brazil, Portugal, Russian Federation, France, Ecuador, Japan, Switzerland, Colombia, Netherlands, Marshall Islands, Iran, Democratic People's Republic of Korea, Denmark, United States, Peru, Spain, Belarus, Austria, China, Syrian Arab Republic, Poland, United Kingdom, Iceland, Georgia, Nicaragua, Cuba, Czech Republic, Eritrea, Burundi and Turkey.

The following civil society organizations also took the floor: International Bar Association, International Service for Human Rights, International Commission of Jurists, International Federation for Human Rights Leagues, World Organisation Against Torture, Human Rights Watch, Amnesty International, CIVICUS - World Alliance for Citizen Participation, United Nations Watch, and International Human Rights Association of American Minorities.

At the beginning of the meeting, Liechtenstein, addressed the Council regarding the unexpected and tragic passing of Ambassador Peter Matt, Permanent Representative of Liechtenstein to the United Nations Office at Geneva, shortly before his fifty-fifth birthday. In all the years of his service, he had consistently and strongly advocated for the human rights of all peoples in all circumstances. The delegation had lost a valuable friend who had passed away too early, a person with an open ear for all. He would be missed very much. A virtual memorial event to share grief and stories about Mr. Matt would be held in due time.

The Council then observed a minute of silence in honour of Mr. Matt.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s forty-sixth regular session can be found here.

The Council will next meet at 10 a.m. on Thursday, 11 March, to hold an interactive dialogue on the oral update of the High Commissioner on the situation of human rights in the Bolivarian Republic of Venezuela, followed by an interactive dialogue with the Commission of Inquiry on Burundi and an interactive dialogue with the Commission on Human Rights in South Sudan.

Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in the Democratic People’s Republic of Korea

Report

The Council has before it the report by the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea A/HRC/46/51 on accountability for crimes against humanity committed in the Democratic People’s Republic of Korea

Presentation of Report

TOMAS OJEA QUINTANA, Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, stated that seven years ago, the Commission of Inquiry on human rights in the Democratic People’s Republic of Korea had concluded that there were reasonable grounds to believe that crimes against humanity had been committed and continued to be committed in the country. Throughout the five years of his mandate, the Special Rapporteur said he had received information that confirmed these findings, in particular that crimes against humanity may be ongoing. The time had come for the Security Council to decide on the referral of the situation of the Democratic People’s Republic of Korea to the International Criminal Court. Justice and accountability served for deterrence of further human rights violations, which was desperately needed by the people in the country. Failing to take action may be legal, but it was not justifiable under the United Nations Charter. The Rapporteur was strongly encouraged by the determination and brave efforts made by civil society organizations and victims’ groups to fight against impunity. According to the World Health Organization, the Democratic People’s Republic of Korea had tested 13,259 people for COVID-19, and all the results were negative partly due to the Government’s proactive efforts on prevention. The Government had applied to join the COVAX scheme, a welcome approach to international cooperation.

Unconfirmed reports indicated that officials had authorized law enforcement agencies to “shoot on sight” anyone attempting to cross the country’s borders. Several cases of severe punishment against those breaking anti-epidemic prevention measures had been reported by the media. A new detention facility for those violating COVID-19 quarantine measures had reportedly been built in north Hwanghae province. The situation of prisons remained of utmost concern. Increased food insecurity had been caused by COVID-19 prevention measures and combined with a lack of humanitarian operations, restrictions on trade with China, sanctions and natural disasters, this could lead to a serious food crisis - deaths by starvation had been reported. Accountability of those most responsible for human rights violations in the Democratic People’s Republic of Korea that may amount to crimes against humanity was imperative. Providing entry points for the authorities to gradually open up dialogue and grant access to the country was also critical. A peaceful and principled end of the war on the peninsula would generate the space and the conditions to further discuss human rights improvements.

Interactive Dialogue

Speakers asked the Special Rapporteur if there were any perspectives for constructive engagement with the authorities in addressing the COVID-19 pandemic. Some speakers criticized the consideration of the human rights’ "dossier" of the Democratic People’s Republic of Korea, which was used solely for the purpose of putting pressure on the country's authorities, interfering in its internal affairs in order to provoke internal political instability. Differences on human rights should be settled through dialogue, while avoiding politicisation and double standards. Other speakers found ongoing reports of summary executions, torture, arbitrary detention, forced labour and sexual violence against women and girls abhorrent. They urged the Government to provide access to humanitarian actors. It was crucial that the country's national borders be reopened for urgent humanitarian goods as well as for medical evacuations.

On the negative impact of sanctions, some speakers recalled that the essence of the issue was that the Democratic People’s Republic of Korea was pursuing the development of nuclear weapons and missiles at the cost of its people’s welfare. Thus, the international community must continue to fully implement the United Nations Security Council resolutions. Expressing deep concern about the deteriorating human rights situation in the country, speakers condemned reports of “shoot to kill” orders along the border and strict controls on freedom of movement and foreign media. Noting that food insecurity had increased in the COVID-19 context, speakers encouraged the Government to enhance its cooperation with the United Nations human rights mechanisms and humanitarian organizations. All unilateral coercive measures should be lifted immediately, some speakers urged.

Interim Remarks

TOMAS OJEA QUINTANA, Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, stated that the accountability agenda needed to move forward. That was why the Security Council should address the human rights situation by referring the case of the Democratic People’s Republic of Korea to the International Criminal Court. The General Assembly could also decide to establish an ad hoc tribunal. The International Criminal Court could exercise jurisdiction on the crime against humanity of enforced disappearances. Mr. Ojea Quintana said he took the issue of politicisation seriously and invited those who had criticised him by invoking that notion to point out specific instances where they thought he had engaged in politicisation. While the Universal Periodic Review was important, it was not sufficient to address all human rights issues.

Interactive Dialogue

Speakers reiterated their position against all country-based mandates that were established without the acceptance of the country in question. Cooperation and dialogue based on the principles enshrined in the United Nations Charter paved the road ahead for all countries on an equal footing. The fixation of the Human Rights Council on certain countries and peoples purely because they were not in service to the empires that sought to dominate the world was concerning. Speakers commended the progress made by the Democratic People’s Republic of Korea in the promotion and protection of the human rights of its population. Other speakers expressed regret that there appeared to be no progress on human rights in the country as the climate of impunity continued. What were the available entry points that could open up dialogue with the Government? Speakers welcomed any efforts that promoted dialogue and maintained peace and stability on the Korean peninsula. A peace settlement was long overdue - steps must be made to ensure that both sides came to an agreement. The situation of women in the Democratic People’s Republic of Korea was concerning, with 70 per cent of women routinely abused by their husbands, but they also faced unique vulnerabilities in the Republic of Korea and China after escaping. The effects of the ban of all movement of people and goods in and out of the country due to the COVID-19 pandemic were devastating.

Concluding Remarks

TOMAS OJEA QUINTANA, Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, stated that families of victims were pushing the international community and national authorities to end impunity for crimes against humanity; the United Nations General Assembly and the Human Rights Council should listen to them. Accountability served as a deterrent to human rights violations. The Office of the High Commissioner in Seoul was doing an excellent job in documenting abuses and should be supported. It was highly important to tell the truth about the situation where human rights abuses were committed. The Special Rapporteur commended the Government’s COVID-19 measures given there were no cases - but the measures must comply with basic international standards and policies such as shooting on sight could not remain. Thematic rapporteurs should engage with the country to possibly conduct visits and encourage dialogue, while the COVAX scheme was an opportunity to set terms of engagement.

Interactive Dialogue with the Independent International Fact-finding Mission on the Bolivarian Republic of Venezuela

Presentation of Oral Update

MARTA VALIÑAS, Chair of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela, recalled that in September 2020, the Mission had presented its first report to the Council, detailing cases of extrajudicial executions, enforced disappearances, arbitrary detentions, and torture and cruel, inhuman or degrading treatment, including sexual and gender based violence, committed by Venezuelan State actors since 2014. The Mission’s conclusions had been clear. Some of these violations were committed on a large-scale and amounted to crimes against humanity. Despite the attempts to contact the Government, there had been no response so far. On 6 December, Venezuela had held parliamentary elections, assessed both nationally and internationally as neither free nor fair. The political climate of exclusion of dissenting voices appeared to continue, with repression against individuals perceived to be “internal enemies” or opponents of the Government also continuing. For those who were still imprisoned, the delays in judicial proceedings had caused grave, in some cases irreparable harm, and death. The Mission would continue to seek information related to efforts on the part of the Government to prevent and remedy violations, and to investigate and prosecute those responsible for abuses. The State had said in its public response to the report issued last September that it was investigating over 600 cases of human rights violations committed by State authorities. Venezuela was asked to provide the Mission with more information about these investigations.

Venezuelan women and men continued to protest against the political situation, as well as the collapse of basic services and the fuel crisis, with demands related to labour, health and food. Over 100 cases of detentions in protests had been recorded since September by civil society, with the Mission identifying 36 new cases of alleged arbitrary detentions. Nine of these detentions involved journalists and independent press, who had also been harassed or their work shutdown. The State’s concept of the “internal enemy” appeared to be increasingly broad. The Fact-Finding Mission was concerned about what appeared to be a growing trend: the targeting of individuals and non-governmental organizations engaged in humanitarian and human rights work. The Mission had also identified over 200 killings committed by police forces since the start of the year, while public officials continued to impede accountability for unlawful killings, possibly revictimizing relatives seeking justice for their loved ones. Ms. Valiñas hoped that Venezuela would resolve its human rights crisis. Establishing the facts and acknowledging that wrongs had been committed was the first crucial step.

Statement by Country Concerned

Venezuela, speaking as a country concerned, stated that it had come to the Council to speak about the progress it had made in human rights, but today it had to speak about the unilateral coercive measures applied against the Bolivarian Republic of Venezuela that should be lifted as they were a crime against humanity that inhibited the enjoyment of human rights across the country. Venezuela wanted to have a constructive dialogue on various points that could constitute a dialogue on human rights. However, it refused and categorically rejected the mechanisms that sought to divide countries that were supposedly good and supposedly bad. According to this heinous classification, Venezuela was supposed to be a bad country – this was a point that made human rights political football. This unfair report was an example of a lack of morality, presenting politicised information with no balance. The report was drafted using fake news with anonymous sources published on social media - this was a replacement of social science by social media. Any violation of human rights in Venezuela was sanctioned pursuant to the law, with perpetrators prosecuted. Venezuela had achieved tangible results in cooperation with the Office of the High Commissioner, which were completely ignored by this Fact-finding Mission. The Council was urged to reject this Mission whose outcomes were part of the war being waged against Venezuela.

Interactive Dialogue

Speakers said the situation in Venezuela continued to be of concern: democracy and the rule of law were eroding, as people who denounced human rights violations faced persecution and harassment. Particularly worrying were repression by security forces, including against civil society organizations, arbitrary detention, defamatory campaigns, the stifling of the freedom of expression, the seizure of journalists’ equipment, as well as the situation in the Arco Minero region and the incident in La Vega that had resulted in 20 deaths. There were deliberate efforts by the Government to restrict access to information, speakers said. Others said that the situation of human rights must only be examined with the full cooperation of the State concerned; equal, mutually agreed cooperation must serve as the basis of the Council’s work. Arbitrary criminal proceedings against political opponents, basic services and access to vaccination were used as weapons by the regime to impose political control. There had been no progress in the past year in Venezuela. Those responsible for the systematic use of torture must be held accountable. The extension of the mandate should allow for further investigations into extrajudicial killings and enforced disappearances, in a manner that delivered justice to the victims.

Speakers reiterated their support for the mandate, calling for an end of repression against civil society and the media. The only way out of this crisis was via free and fair elections. The violations must not remain unaddressed and victims must be provided with justice and compensation. Other speakers noted that no country in the world could enjoy a perfect human rights situation - national sovereignty must be respected when discussing human rights at the Council. Illegal unilateral coercive measures against Venezuela caused further concern - their negative effect on the human rights situation in the country was clear. Speakers strongly advised the Mission to review its methodology and sources. There was an ongoing Government strategy to undermine the separation of powers and ensure a lack of judicial independence of courts across the country, including its highest courts. Legal and institutional neglect, impunity and widespread corruption had led to the current humanitarian emergency in Venezuela. The authorities had wholly failed to comply with the Mission’s recommendations, as attacks on human rights defenders, including the criminalization of the defense of human rights, caused great concern to speakers.

Concluding Remarks

FRANCISCO COX, Member of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela, noted that the Mission used primary data direct from victims and other sources in an independent and impartial manner. With regard to the measures that the international community could undertake to end impunity, they needed to pay close attention to international standards that obliged Venezuela to protect victims of human rights violations. The liquidity crisis had undeniably affected the work of the Mission that left it unable to carry out all the investigations it had planned. To contribute to accountability, there must be compliance with national systems as well. There was no doubt that there were obstacles to the work of the Mission, as it did not receive the desired communication from the Venezuelan authorities, who also did not allow it to visit the country.

HRC21.035E