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Human Rights Protection of North Korean Refugees and International Human Rights Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 40(), pp.477-497
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Bok Hee Chang 1

1선문대학교

Accredited

ABSTRACT

In summary of protection of North Korean refugees, the first asylum states grant ‘Convention refugee’ according to the 1951 UN Convention relating to the Status of Refugees(the Refugee Convention), but this case will not be available in fact. On emphasis, system of complementary protection is useful based on other international human rights treaties and standards. Complementary protection is to grant the status of de facto refugee and rights to asylum seekers similar to those convention refugees enjoys. Specially, the International Covenant of Civil and Political Rights and the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment are important complementary instruments to the Refugee Convention. As parties to general international human rights treaties, the first asylum states can give North Korean refugees ‘humanitarian status’, ‘humanitarian residence’ or ‘temporary protection’. In other hands, they can acquire the status ‘Mandate refugee’ through the UN High Commissioner of Refugees(UNHCR). In this case, Korea government should do more positive diplomatic efforts. Besides, the third countries as well as Republic of Korea may admit them. North Korean refugees are at least internationally ‘the subject of complementary protection’. The states that accomodate them should abide the principle of non-refoulement, at least give temporary protection to the persons who do not want come back to North Korea. Finally, solution of North Korean refugees has the aim to human rights protection in the lights of international human rights norms, protection itself has to be the core through the whole course towards the permanent settlements. ‘Prevention, protection and solution’ triple strategics have to be considered at once containing public information, dissemination education and discipline of international human rights norms, enhancement of related domestic law system, permanent solutions, opinions making, supports to NGO activities and enforcing of UNHCR role. These actions have the base on respect of article 14(right to seek asylum) proclaimed in Universal Declaration of Human Rights and begin to ensure dignity of human beings, life and security of person, freedom and equality.

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