Drafting North Korea Human Rights Resolution... Will China's Responsibility for 'Forced Repatriation' Be Included?

EU Begins Drafting Proposal for Year-End UN General Assembly
Likely to Criticize China's Large-Scale Repatriation of North Korean Defectors
Consensus Without Opposition... Limits to Raising the Tone
"Government Must Engage in Diplomatic Efforts to Persuade Member States"

Attention is focused on whether the 'North Korea Human Rights Resolution' to be addressed at this year’s year-end United Nations General Assembly will include criticism of the recent incident in which the Chinese government forcibly repatriated hundreds of North Korean defectors. Voices are emerging that the South Korean government should engage in diplomatic efforts, including persuading member states, to raise the level of expression and enforceability of the resolution.

According to the United Nations General Assembly on the 26th, the European Union (EU), which is leading the drafting of the resolution, has begun discussions aiming to submit a draft to the Third Committee of the UN General Assembly by the end of this month. The resolution is adopted by the UN Human Rights Council in the first half of the year and by the UN General Assembly at the end of the year. Typically, the EU leads the drafting of the draft, circulates it among major countries, and after passing through the Third Committee responsible for human rights issues, it is submitted to the plenary session at the year-end.

President Yoon Suk-yeol is delivering a keynote speech at the United Nations General Assembly at the UN Headquarters in New York, USA, last September. [Image source=Yonhap News]

Last year’s resolution included references to incidents such as the 'killing of a West Sea public official' and the 'forcible repatriation of North Korean fishermen.' Considering this trend, it is highly likely that the incident on the 9th, when about 500 North Korean defectors residing in China were massively repatriated, will be reflected this time. The EU side is reportedly discussing updating the mention of the 'principle of non-refoulement,' which is comprehensively covered in existing resolutions. This is an international law principle that 'asylum seekers must not be returned to countries where they face persecution,' and it is expected to target China, which considers North Korean defectors as illegal immigrants.

The problem is that the resolution has been adopted by consensus for seven consecutive years since 2016. This is a method of adoption when no country requests a vote, which differs from unanimous consent where everyone agrees. If countries neither support nor oppose, the practical implementation inevitably loses momentum. If the wording on accountability is strengthened, North Korea or China is likely to request a vote to block it. Past records show overwhelmingly more votes in favor, but the EU side is expected to draft the resolution considering consensus for a 'smooth adoption.'

Voices are calling for the South Korean government, the closest party to North Korea and defector-related issues, to engage in diplomatic efforts targeting member states. This is to pass a resolution with stronger wording even if North Korea or China requests a vote. However, the South Korean government is criticized for showing a somewhat passive attitude on the UN stage to avoid diplomatic friction.

For example, on the 18th (local time), Ambassador Hwang Jun-guk to the UN voiced criticism of the large-scale forcible repatriation incident during the general debate of the UN General Assembly’s Third Committee. However, according to the original text of his speech obtained by Asia Economy, he mentioned, "According to several sources, it seems that a number of North Koreans in 'a third country' have been repatriated in line with the partial opening of the DPRK's international," avoiding direct mention of the forcible repatriation by the Chinese government and instead referring to it as 'a third country.'

A woman being dragged away by Chinese police outside the Korean Consulate in Beijing, China [Image source=AP Yonhap News]

Roberta Cohen, Honorary Co-Chair of the U.S. Committee for Human Rights in North Korea (HRNK), said, "China has allowed a small number of North Korean residents to leave when other countries, especially South Korea, intervene," and advised, "Efforts should be made to strengthen the language within the resolution, and it could include a provision requesting UN Secretary-General Ant?nio Guterres to mediate (good offices) among member states to address the issue of North Korean refugees."

Shin Hee-seok, former legal analyst at the Transitional Justice Working Group (TJWG), said, "The government should gather opinions from human rights organizations in advance and strive to reflect them in the resolution," and added, "During the mutual dialogue with Filippo Grandi, the UN High Commissioner for Refugees (UNHCR), on the 31st, the government should speak about the forcible repatriation incident and urge China to disclose information related to North Korean defectors in advance of the Universal Periodic Review (UPR) at the UN Human Rights Council."

This content was produced with the assistance of AI translation services.