NOTES1 The population figures in this paragraph are from Hazel Smith, University of Warwick, “North Koreans in China: Defining the Problems and Offering Some Solutions,” unpublished manuscript (December 2002), p. 2.2 Ibid., pp. 5-6. 3Ibid., p. 6. 4 “The Status of North Korean Asylum Seekers and the USG Policy Towards Them,” report submitted by the Secretary of State to the U.S. Congress pursuant to section 301 of the North Korean Human Rights Act of 2004, p. 3. 5 Human Rights Watch, “The Invisible Exodus: North Koreans in the People’s Republic of China,” Vol.14, No. 8 (C), November 2002, pp. 20-21. These citations are from the 1999 North Korean Criminal Code, which was substantially revised in April 2004. While the author has not been able to obtain an English translation of the latest version, an analysis of the new code by Dae-Kyu Yoon of Kyungnam University does not cite any changes to the unauthorized departure provisions. See Dae-Kyu Yoon, “Changes in the New DPRK Criminal Code: Characteristics and Implications, ” Thanks to Karin Lee of the Friends Committee on National Legislation for bringing this article to my attention. 6 Ibid., p. 20. 7 Chung Byung-Ho, “Living Dangerously in Two Worlds: The Risks and Tactics of North Korean Refugee Children in China,” Korea Journal (Autumn 2003), pp. 206-7. 8 Refugees International (RI) interviews 28, 34, and 29. RI interviewed a total of 64 North Korean refugees in China over the course of two visits to Yanbian in June 2003 and May-June 2004. These interviews were conducted through interpreters with individuals selected by local organizations providing assistance and protection to North Koreans in the region. The transcripts of these interviews are recorded in the Appendix to this report and will be cited by interview number as indicated in the Appendix. 9 Andrew Natsios, “The Politics of Famine in North Korea,” United States Institute of Peace Special Report (August 2, 1999), p. 5. See also, Hazel Smith, op. cit., p. 12. 10 RI interview 12. 11 RI interview 42. 12 Human Rights Watch, op. cit., p. 11. 13 RI interview 31. 14 RI interview 7. 15 RI interview 9. 16 RI interview 41. 17 RI interview 13. 18 In June 2003 RI was told by local sources in Yanbian that the reward per North Korean was 100 RMB, or about $12. It was not clear, however, if that was a consistent policy or a one-time amount valid for the most recent crackdown. 19 RI interview 31. 20 RI interview 44. 21 Byung-Ho, op. cit., p. 198 at footnote 14. 22 RI interview 27. 23 RI interview 46. 24 The 2004 revision of the North Korean Criminal Code formally recognizes “light labor” as a form of punishment and it is broadly employed in the revised code, especially for crimes that are economic in nature. See Dae-Kyu Yoon, op. cit., pp. 2-3. As RI’s interviews attest, however, “light labor” is a harsh punishment. “Light” seems to refer less to the type of work than to the length of the sentence and the treatment upon release. 25 RI interview 15. 26 RI interview 11. On releases of ill prisoners, see also David Hawk, U.S. Committee for Human Rights in North Korea, “The Hidden Gulag: Exposing North Korea’s Prison Camps,” (October 2003), p. 58. 27 RI interview 1. 28 David Hawk, op. cit., pp. 56-72. 29 Ibid., p. 62. 30 1951 Convention Relating to the Status of Refugees,Article 1 (A,2). 31 Human Rights Watch, op. cit., p. 19. 32 See Amnesty International, “Starved of Rights: Human Rights and the Food Crisis in the Democratic People’s Republic of Korea (North Korea),” January 2004, found on the web, especially pp. 9-15, and Good Friends, “Human Rights and the Food Crisis in North Korea: A Summarized Version,” December 2003, pp. 8-10. 33 Human Rights Watch, op. cit., p. 19. 34 Economic and Social Council, Commission on Human Rights, Sixtieth session, Agenda item 9, “Situation of human rights in the Democratic People’s Republic of Korea,” E/CN.4/2004/L.21 (8 April 2004). 35 Office of the United Nations High Commissioner for Refugees, “Bullet point summary of the strategic presentation on UNHCR’s operations in Asia and the Pacific,” 29th meeting of the Standing Committee, 9-11 March 2004. 36 Their success in making achievement of a north-south peace agreement in Sudan the top African foreign policy priority of the Bush Administration is an example of their impact. 37 Human Rights Watch, op. cit., p. 5. 38 Hazel Smith, op. cit., p. 17 39 Ibid., p. 18. 40 Ministry of Unification, Republic of Korea, “Social Adaptation Training and Settlement Support for North Korean Refugees,” Hanawon, December 12, 2003, p. 4. 41 “The Status of North Korean Asylum Seekers and the USG Policy Towards Them,” op. cit., p. 4. 42 Ibid., p. 3. |
Executive Summary Introduction The Scope of the Problem The Motivation for Leaving The Situation in China Treatment Upon Deportation The Case for Refugee Status for North Koreans in China Protection for North Koreans in China South Korean Policy United States Policy and the North Korean Human Rights Act of 2004 Recommendations ----------- Notes Appendix: Interviews between Refugees International and North Korean Refugees Acknowledgments |

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