Democratic People'S Republic of Korea
Democratic People'S Republic of Korea
Citizens did not have the right to change their government. The government
subjected citizens to rigid controls over many aspects of their lives. There
continued to be reports of extrajudicial killings, disappearances, arbitrary
detention, arrests of political prisoners, harsh and life-threatening prison
conditions, and torture. There continued to be reports that pregnant female
prisoners underwent forced abortions in some cases, and in other cases babies were
killed upon birth in prisons. The judiciary was not independent and did not provide
fair trials. Citizens were denied freedom of speech, press, assembly, and
association, and the government attempted to control all information. The
government restricted freedom of religion, citizens' movement, and worker rights.
There continued to be reports of severe punishment of some repatriated refugees
and their family members. There were widespread reports of trafficking in women
and girls among refugees and workers crossing the border into China.
Section 1 Respect for the Integrity of the Person, Including Freedom From:
There were numerous reports that the government committed arbitrary and
unlawful killings. Defector and refugee reports indicated that in some instances the
government executed political prisoners, opponents of the regime, repatriated
defectors, and others accused of crimes with no judicial process. The law
prescribes the death penalty for the most "serious" or "grave" cases of "antistate" or
"antination" crimes, including: participation in a coup or plotting to overthrow the
state; acts of terrorism for an antistate purpose; treason, which includes defection
or handing over state secrets; suppressing the people's movement for national
liberation; cutting electric power lines or communication lines; and illegal drug
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                               2
Border guards reportedly had orders to shoot to kill potential defectors, and prison
guards were under orders to shoot to kill those attempting to escape from political
prison camps, but it was not possible to determine if this practice continued during
the year. During the year the government reportedly announced that attempting to
cross the border or aiding others in such an attempt was punishable by execution.
Religious and human rights groups outside the country alleged that some North
Koreans who had contact with foreigners across the Chinese border were
imprisoned or killed.
During the year South Korean officials and NGOs reported that public executions
continued, but no official statistics were available.
South Korean press reported in March that authorities executed a man by firing
squad for making an unauthorized phone call to contacts outside of North Korea.
He was allegedly describing rice prices and living conditions in North Korea.
In March after the 2009 currency revaluation, international press reported a man
was shot and killed for treason for burning his money, which bore a picture of Kim
Il-sung, instead of giving it to the government.
Press and NGOs reported the execution of officials, including Park Nam-ki,
director of planning and finance, reportedly for initiating the November 2009
currency reform policy (see section 2.e.). This report has not been confirmed.
In July press reported that, according to his brother, Son Jong-nam was executed in
December 2008. Son Jong-nam was sentenced to death in 2006 for maintaining
contacts with organizations outside the country.
b. Disappearance
NGO, think tank, and press reports indicated that the government was responsible
for disappearances. In recent years defectors claimed that state security officers
often apprehended individuals suspected of political crimes and sent them, without
trial, to political prison camps. There are no restrictions on the ability of the
government to detain and imprison persons at will and to hold them
incommunicado. The penal code states that a prosecutor's approval is required to
detain a suspect; however, the government ignored this law in practice.
In February foreign media reported that female prisoners in prison camps who
were impregnated by guards disappeared shortly after the pregnancy was
discovered.
ROK government and media reports indicated that the DPRK government also
kidnapped other nationals from locations abroad in the 1970s and 1980s. However,
the DPRK government continued to deny its involvement in the kidnappings. The
ROK government estimated that approximately 496 of its civilians, abducted or
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                              4
detained by DPRK authorities since the end of the Korean War, remained in the
DPRK. The ROK government also estimated 560 South Korean prisoners of war
and soldiers missing in action also remained alive in North Korea.
In 2008 the media reported South Korean missionary Kim Dong-shik had most
likely died within a year of his 2000 disappearance near the China-DPRK border.
The penal code prohibits torture or inhuman treatment; however, many sources
continued to report these practices. Methods of torture and other abuse reportedly
included severe beatings, electric shock, prolonged periods of exposure to the
elements, humiliations such as public nakedness, confinement for up to several
weeks in small "punishment cells" in which prisoners were unable to stand upright
or lie down, being forced to kneel or sit immobilized for long periods, being hung
by the wrists or forced to stand up and sit down to the point of collapse, and
forcing mothers recently repatriated involuntarily from China to watch the
infanticide of their newborn infants. Defectors continued to report that many
prisoners died from torture, disease, starvation, exposure to the elements, or a
combination of these causes.
During the year a Human Rights Watch release provided an account of torture
experienced by Shin Dong-hyuk, a defector born and confined in a political prison
camp in Kaechon in South Pyongan Province for 22 years. In previous testimonies,
Shin had stated that beatings and torture were common within the camp. The 2010
Witness to Transformation: Refugee Insights into North Korea study (Witness to
Transformation), published by the Peterson Institute of International Economics,
noted that 90 percent of refugee respondents who had been incarcerated in North
Korea witnessed forced starvation, 60 percent witnessed death due to beating or
torture, and 27 percent witnessed executions.
The North Korean Human Rights Database Center's 2010 White Paper on North
Korean Human Rights indicated that officials have in some cases prohibited live
births in prison and ordered forced abortions, particularly in detention centers
holding women repatriated from China, according to first-hand refugee testimony.
In some cases of live birth, the white paper reported that prison guards killed the
infant or left it for dead. Guards also sexually abused female prisoners according to
the white paper.
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                             5
NGO, refugee, and press reports indicated that there were several types of prisons,
detention centers, and camps, including forced labor camps and separate camps for
political prisoners. Witness to Transformation described four main types of prison
and detention facilities: kwan-li-so, political penal-labor camps; kyo-hwa-so,
correctional or reeducation centers; jip-kyul-so, collection centers for low-level
criminals; and ro-dong-dan-ryeon-dae, labor-training centers. One kwan-li-so
camp, Camp 22, is estimated to be 31 miles long and 25 miles wide and to hold
50,000 inmates. Defectors claimed the kwan-li-so camps contained unmarked
graves, barracks, worksites, and other prison facilities. The Washington Post
reported in July 2009 that numerous prison camps can be seen in satellite images
and that the camps have been consolidated from 14 locations to five. An NGO
reported six major prison camp complexes across the country. Kwan-li-so penal-
labor camps are administered by the National Security Agency (NSA); kyo-hwa-so
reeducation centers are administered by the People's Safety Agency (PSA). An
NGO reported six kwan-li-so facilities: Kaecheon (No.14) and Bukchang (No.18)
in South Pyongan Province, Yoduk (No.15) in South Hamkyung Province, and
Hwasung (No.16), Chongjin (No.25), and Hoiryeong (No.22) in North Hamkyung
Province as North Korea's six remaining political prison camps.
Reports indicated that those sentenced to prison for nonpolitical crimes were
typically sent to reeducation prisons where prisoners were subjected to intense
forced labor. They stated that those who were considered hostile to the regime or
who committed political crimes were sent to political prison camps indefinitely.
Many prisoners in political prison camps were not expected to survive. The
government continued to deny the existence of political prison camps.
Reports indicated that conditions in the political prison camps were harsh and that
systematic and severe human rights abuses occurred throughout the prison and
detention system. Detainees and prisoners consistently reported violence and
torture. Press reported defector accounts of public executions in political prison
camps. According to refugees, in some places of detention, prisoners received little
or no food and were denied medical care. Sanitation was poor, and former labor
camp inmates reported they had no changes of clothing during their incarceration
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                             6
and were rarely able to bathe or wash their clothing. An NGO reported that one
reeducation center was so crowded that prisoners were forced to sleep on top of
each other or sitting up. The same NGO reported that guards at a labor camp stole
food brought for inmates by their family members. An NGO reported in January
unsanitary conditions, crowding of inmates, and high death rates caused by
epidemics in a reeducation center.
During the year the South Korean National Human Rights Commission reported
that defectors indicated that North Korean authorities selected prison inmates to
spy on others and to torture other prisoners. The commission also reported that
attempts to escape led to execution by firing squad or hanging.
South Korean press reported an increase in the number of inmates at a labor camp
under the Ministry of People's Armed Forces in North Hamkyung Province.
Estimates of the total number of prisoners and detained in the kwan-li-so political
penal-labor camps range between 150,000-200,000. The Washington Post and
Donga Ilbo estimated 154,000 prisoners. Information on the number of women and
juvenile prisoners was not available. No additional information was available on
whether men and women were held together or if conditions varied for women.
One NGO reported that political prisoners sent to punishment facilities were
subject to torture without consideration of their gender.
Under the Criminal Procedure Law, a criminal case is dismissed in case of a crime
committed by a person under 14 years of age and under article 62 public education
is applied in case of a crime committed by a person above 14 and under 17 years of
age. One NGO reported in a survey of 20 defector youth that five reported
experiencing torture while incarcerated between 1998 and 2003. There was no way
to confirm whether changes to the criminal law in 2004 and 2005 resulted in less
severe treatment for juveniles.
One NGO reported that women make up the majority of prisoners in ro-dong-dan-
ryeon-dae, or labor-training centers; the majority of prisoners in these facilities
were repatriated from China.
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                                 7
The government did not permit inspection of prisons or detention camps by human
rights monitors. There was no information on whether ombudsmen can serve on
behalf of prisoners and detainees to consider such matters as alternatives to
incarceration for nonviolent offenders to alleviate inhumane overcrowding;
addressing the status and circumstances of confinement of juvenile offenders; and
improving pretrial detention, bail, and recordkeeping procedures to ensure
prisoners do not serve beyond the maximum sentence for the charged offense.
The law prohibits arbitrary arrest and detention, but reports indicated that the
government did not observe these prohibitions in practice.
The internal security apparatus includes the Ministry of Public Security (MPS) and
the State Security Department (SSD). The security forces do not have adequate
mechanisms to investigate possible security force abuses.
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                               8
The MPS, responsible for internal security, social control, and basic police
functions, is one of the most powerful organizations in the country and controlled
an estimated 144,000 public security personnel. MPS maintains law and order;
investigates common criminal cases; manages the prison system; controls traffic;
monitors citizens' political attitudes; conducts background investigations, census,
and civil registrations; controls individual travel; manages the government's
classified documents; protects government and party officials; and patrols
government buildings and some government and party construction activities.
Border Guards are the paramilitary force of the MPS and are primarily concerned
with monitoring the border and with internal security.
Revisions to the Criminal Code and the Criminal Procedure Code in 2004 and
2005 added shortened periods of detention during prosecution and trial, arrest by
warrant, and prohibition of collecting evidence by forced confessions. There was
no confirmation of whether these changes were incorporated in practice, or if the
government increased the amount of resources to eliminate inhumane conditions.
The constitution states that courts are independent and that judicial proceedings are
to be carried out in strict accordance with the law; however, an independent
judiciary did not exist. The constitution mandates that the central court is
accountable to the Supreme People's Assembly, and the criminal code subjects
judges to criminal liability for handing down "unjust judgments." Witness to
Transformation reported that only 13 percent of the 102 respondents who were
incarcerated in the country received a trial.
Trial Procedures
The MPS dispensed with trials in political cases and referred prisoners to the SSD
for punishment. Little information was available on formal criminal justice
procedures and practices, and outside access to the legal system was limited to
trials for traffic violations and other minor offenses.
While the total number of political prisoners and detainees remained unknown, a
2003 report by the U.S. Committee for Human Rights in North Korea, The Hidden
Gulag, reported an estimated 150,000 to 200,000 persons were believed to be held
in kwan-li-so political penal-labor camps. The Washington Post and Donga Ilbo
estimated 154,000 political prisoners were being held in labor camps. The
government considered critics of the regime to be political criminals. Political
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                             10
offenses reported during the year included burning old currency or criticizing the
government's currency revaluation. Reports from past years described political
offenses as including sitting on newspapers bearing Kim Il-sung's or Kim Jong-il's
picture, mentioning Kim Il-sung's limited formal education, or defacing
photographs of the Kims.
During the year the currency revaluation of November 2009 was reversed
following reports of food shortages and public discontent and unrest. The
November 2009 currency revaluation decreed that families could only trade
100,000 won (approximately $30), for new won. (Note: following the government
currency revaluation in November 2009, the exchange rate has fluctuated.
Approximations in this report are based on the rate as of December 2010.) No
other property restitution was granted.
The constitution provides for the inviolability of person and residence and the
privacy of correspondence; however, the government did not respect these
provisions in practice. The regime subjected its citizens to rigid controls. The
government relied upon a massive, multilevel system of informants to identify
critics and potential troublemakers. Entire communities sometimes were subjected
to security checks. Possessing "antistate" material and listening to foreign
broadcasts were crimes that could subject the transgressor to harsh punishments,
including up to five years of labor reeducation.
During the year press reports estimated access to an internal mobile phone network
increased to an estimated 300,000 users. The system was segregated from systems
used by foreigners and could not be used for international calls. In the border
regions adjacent to China, unauthorized Chinese mobile phones were reported to
be used in making international calls. Those caught using such cell phones illegally
were reportedly arrested and required to pay a fine or face charges of espionage, or
harsher punishments.
In September the Washington Post reported that the city of Hoeryong employed 14
men to monitor the region's phone conversations; typically they can tap a call
within two or three minutes of its being initiated.
The constitution provides for freedom of speech and of the press; however, the
government prohibited the exercise of these rights in practice. There were
numerous instances of persons being interrogated or arrested for saying anything
that could be construed as negative towards the government.
The constitution provides for the right to petition. However, the government did
not respect this right. For example, when anonymous petitions or complaints about
state administration were submitted, the SSD and MPS sought to identify the
authors, who could be subjected to investigation and punishment.
During the year Reporters without Borders reported that two journalists died,
resulting from harsh conditions at the Yoduk political prisoner camp in 2001. Both
reporters reportedly were detained at the camp for criticizing the leadership of Kim
Jong-il. Information regarding the deaths could not be confirmed.
      Internet Freedom
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                              13
Internet access for citizens was limited to high-ranking officials and other
designated elites, including select university students. This access was granted via
international telephone lines through a provider in China, as well as a local
connection that was linked with a German server. An "intranet" was reportedly
available to a slightly larger group of users, including an elite grade school, select
research institutions, universities, and factories, and a few individuals. The Korea
Computer Center acted as the gatekeeper, downloading only acceptable
information for access through the intranet. Reporters Without Borders reported
that some e-mail access existed through this internal network. According to a 2009
press report, an increasing number of citizens had e-mail addresses on their
business cards, although they were usually e-mail addresses shared among all the
employees of an organization. In 2009 Reporters Without Borders named the
country an "Internet Enemy" due to its strict Internet restrictions.
According to North Korean media, Kim Jong-il frequently told officials that
ideological education must take precedence over academic education in the
nation's schools. Indoctrination was carried out systematically through the mass
media, schools, and worker and neighborhood associations. Indoctrination
continued to involve mass marches, rallies, and staged performances, sometimes
including hundreds of thousands of persons.
The government continued its attempt to limit foreign influences on its citizens.
Listening to foreign radio and watching foreign films is illegal; however, numerous
NGOs reported that Chinese and South Korean DVDs, VCDs, CDs, and videotapes
continued to be smuggled into the country. The government intensified its focus on
preventing the smuggling of imports of South Korean popular culture, especially
television dramas. According to media and NGO reports, in an attempt to enforce
the restriction against foreign films, police routinely cut electricity to apartment
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                             14
blocks and then raided every apartment to see what types of DVDs and videos
were stuck in the players.
During the year, the New York Times reported that a 35-year-old man spent six
months in a labor camp in 2009 after being caught watching "Twin Dragons," a
foreign film with Jackie Chan.
An NGO reported that in June local officials in North Hamkyung Province cracked
down on illegal movies from the ROK. Officials entered homes without warning,
examined electric devices to see if VCR and DVD players had South Korean
programs, confirmed televisions and radios had fixed channels, and checked if
households had other electronic equipment such as MP3 players. Recording
machines and computers were confiscated and nine families were reportedly
arrested for possessing South Korean DVDs.
Freedom of Assembly
The constitution provides for freedom of assembly; however, the government did
not respect this provision in practice and continued to prohibit public meetings not
previously authorized.
The New York Times reported that widespread hardship, popular anger over the
currency revaluation, and growing political uncertainty did not harden into
noticeable resistance against the government (see section 1.e.).
Freedom of Association
c. Freedom of Religion
For a complete description of religious freedom, please see the 2010 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt/.
The law provides for the "freedom to reside in or travel to any place"; however, the
government did not respect this right in practice. During the year, the government
continued to carefully control internal travel. The government did not cooperate
with the Office of the UN High Commissioner for Refugees or other humanitarian
organizations in providing protection and assistance to internally displaced
persons, refugees, returning refugees, asylum seekers, stateless persons, and other
persons.
The government continued to restrict the freedom to move within the country.
Only members of a very small elite class and those with access to remittances from
overseas had access to personal vehicles, and movement was hampered by the
absence of an effective transport network and by military and police checkpoints
on main roads at the entry to and exit from every town. Use of personal vehicles at
night and on Sundays was restricted.
The government also restricted foreign travel. The government limited issuance of
exit visas for foreign travel to officials and trusted businessmen, artists, athletes,
and academics. Short-term exit papers were available for some residents on the
Chinese border to enable visits with relatives or to engage in small-scale trade.
It was not known whether the laws prohibit forced exile; the government
reportedly forced the internal exile of some citizens. In the past the government
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                              16
The government did not allow emigration, and beginning in 2008 it tightened
security on the border, which dramatically reduced the flow of persons crossing
into China without required permits. NGOs reported strict patrols and surveillance
of residents of border areas and a crackdown on border guards who may have been
aiding border crossers in return for bribes.
Substantial numbers of citizens have crossed the border into China over the years,
and NGO estimates of those who lived there ranged from thousands to hundreds of
thousands. During the year reports suggested that the number of North Koreans in
northeastern China declined. Some settled semipermanently in northeastern China,
others traveled back and forth across the border, and others sought asylum and
permanent resettlement in third countries. A few thousand citizens were settled in
third countries during the year.
South Korean press reported that the government issued orders for guards to shoot
to kill attempted border crossers. South Korean press reported that five North
Koreans were shot dead on the Chinese side of the border and two others wounded
by North Korean border guards after they crossed the Apnok River on December
14.
The law criminalizes defection and attempted defection, including the attempt to
gain entry to a foreign diplomatic facility for the purpose of seeking political
asylum. Individuals who cross the border with the purpose of defecting or seeking
asylum in a third country are subject to a minimum of five years of "labor
correction." In "serious" cases defectors or asylum seekers are subject to indefinite
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                              17
In the past, reports from defectors indicated that the government differentiated
between persons who crossed the border in search of food (who might be
sentenced only to a few months of forced labor or in some cases merely issued a
warning) and persons who crossed repeatedly or for political purposes (who were
sometimes sentenced to heavy punishments, including death). The law stipulates a
sentence of up to two years of "labor correction" for the crime of illegally crossing
the border.
During the year the government reportedly continued to enforce the policy that all
border crossers be sent to prison or reeducation centers.
On June 13, a South Korean NGO reported that 13 North Korean defectors were
caught in Dandong, China, and 10 were repatriated back to North Korea. The
group consisted of two men and eight women. Three children of age five and six
were released.
On May 31, Asahi Shinbum of Japan reported that the North Korean authorities
were investigating every household for defectors and missing persons. If a family
member on the family registration was not occupying the household, thorough
interrogation took place. More than 1,000 of those who could not answer questions
properly and clearly were taken away for punishment. Moreover, the government
was issuing new identification cards for every person older than 17 years of age, in
order to investigate the number of missing citizens.
On July 26, a South Korean NGO reported that three repatriated North Korean
defectors were executed. Two brokers who had aided their departure were
reportedly sentenced to life in prison.
      Protection of Refugees
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                              18
The law does not provide for the granting of asylum or refugee status in
accordance with the 1951 Convention relating to the Status of Refugees and its
1967 protocol, nor has the government established a system for providing
protection for refugees. The government did not grant refugee status or asylum.
The government had no known policy or provision for refugees or asylees and did
not participate in international refugee fora.
Section 3    Respect for Political Rights: The Right of Citizens to Change Their
             Government
Citizens do not have the right to change their government peacefully. The KWP
and the Korean People's Army, with Kim Jong-il in control, dominated the political
system. Little reliable information was available on intraregime politics. The
legislature, the Supreme People's Assembly (SPA), meets only a few days per year
to rubber-stamp resolutions and legislation presented by the party leadership.
In September international press reported that Kim Jong-eun, son of Kim Jong-il,
was promoted to senior military and party positions that established him as heir-
apparent to his father and the de facto second in the leadership structure.
The government demanded near deification of both Kim Jong-il and Kim Il-sung.
All citizens remained subject to intensive political and ideological indoctrination,
which was intended to ensure loyalty to the leadership and conformity to the state's
ideology and authority.
Elections of delegates to the SPA were held in March 2009. The elections were
neither free nor fair, and the outcome was virtually identical to prior elections. The
government openly monitored voting, resulting in nearly 100 percent participation
and 100 percent approval.
During the year Kim Kyoung-hui, minister of light industry and Kim Jong-il's
sister, was promoted to be a member of the politburo and given general officer
rank.
It is not known whether the law provides criminal penalties for official corruption,
whether the government implemented any such laws effectively, or how often
officials engaged in corrupt practices with impunity. Corruption was reportedly
widespread in all parts of the economy and society. Corruption in the security
forces was endemic.
Reports of diversion of food to the military and government officials and bribery
were indicative of corruption in the government and security forces. The
government continued to deny any diversion of food, although it hinted that it was
combating internal corruption.
In June the New York Times reported that in the wake of the currency revaluation,
individuals with political connections avoided having their savings confiscated
while market traders were severely limited in the amount of money they were
permitted to exchange into new won. One woman from Hamhung said the local
bank director allowed her relatives to exchange three million won ($1,667), 30
times the official limit.
In December a South Korean NGO reported that the NSA promised to guarantee
smugglers impunity to continue their smuggling activities if they reported river
crossers to the NSA.
These examples were illustrative, not exhaustive, and the extent of corruption was
unknown.
North Korea," allowing them to be exported to South Korea duty free. There were
no new developments in this case during the year.
It was not known whether public officials are subject to financial disclosure laws
and whether a government agency is responsible for combating corruption. There
are no known laws that provide for public access to government information.
The government ignored requests for visits from international human rights experts
and NGOs. The NGO community and numerous international experts continued to
testify to the grave human rights situation in the country during the year. The
government decried international statements about human rights abuses in the
country as politically motivated and as interference in internal affairs. The
government asserted that criticism of its human rights record was an attempt by
some countries to cover up their own abuses and that such hypocrisy undermined
human rights principles.
The constitution grants equal rights to all citizens. However, the government has
reportedly never granted its citizens most fundamental human rights in practice,
and it continued pervasive discrimination on the basis of social status.
      Women
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                             21
Violence against women has been reported as a significant problem both inside and
outside the home.
Women who have left the country reported that although "sexual violation" was
understood, "sexual harassment" is not defined in the DPRK. Despite the 1946
Law on Equality of the Sexes, defectors reported that sexual harassment of women
was generally accepted due to patriarchal traditions. Defectors reported that there
was little recourse for women who have been harassed.
The constitution states that "women hold equal social status and rights with men";
however, few women reached high levels of the party or the government, although
they were represented proportionally in the labor force.
Press and think tanks have reported that, while women were less likely than men to
be assigned full-time jobs, they had more opportunity to work outside the socialist
economy.
Children
Citizenship is derived from one's parents and in some cases birth within the
country's territory.
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                              22
The state provides 11 years of free compulsory education for all children.
However, reports indicated some children were denied educational opportunities
and subjected to punishments and disadvantages as a result of the loyalty
classification system and the principle of "collective retribution" for the
transgressions of family members. NGO reports also indicated children were
unable to attend school regularly because of hidden fees or insufficient food.
Foreign visitors and academic sources reported that from fifth grade children were
subjected to several hours a week of mandatory military training and that all
children had indoctrination in school.
The UN Committee on the Rights of the Child repeatedly has expressed concern
over de facto discrimination against children with disabilities and the insufficient
measures taken by the state to ensure these children had effective access to health,
education, and social services.
It was not known whether boys and girls had equal access to state-provided
medical care; access to health care was largely dependent upon loyalty to the
government.
Article 153 of the criminal law states that a man who has sexual intercourse with a
girl under the age of 15 shall be "punished gravely."
In March one South Korean media source reported that the inadequacy of sex
education in schools contributed to sexual harassment and violence against young
girls in and out of schools.
According to NGO reports, there was a large population of street children, many of
them orphans, who were denied entrance to public schools.
The country is not a party to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction.
Anti-Semitism
There was no known Jewish population, and there were no reports of anti-Semitic
acts.
Trafficking in Persons
A 2003 law mandates equal access for persons with disabilities to public services;
however, implementing legislation has not been passed. Traditional social norms
condone discrimination against persons with physical disabilities. Although
veterans with disabilities were treated well, other persons with physical and mental
disabilities have been reportedly sent out of Pyongyang into internal exile,
quarantined within camps, and forcibly sterilized. According to a report released in
2006 by the World Association of Milal, an international disability NGO, persons
with disabilities constituted approximately 3.4 percent of the population, more than
64 percent of whom lived in urban areas. A domestic organization known as the
Korean Federation for the Protection of the Disabled (KFDP) has endorsed this
number. A foreign NGO reported that the KFDP allowed them to operate in North
Korea. The NGO was allowed to provide support and training at an orthopedic
hospital, a school for hearing-impaired children, a coal mine hospital, and a home
for elderly persons with disabilities. It was not known whether the government
restricted the right of persons with disabilities to vote or participate in civic affairs.
The KFDP was founded in 1999 to coordinate the work with disabled population
countrywide. In 2008 KFPD formed a partnership with the World Federation for
the Deaf (WFD). According to WFD, North Korea reported that it had eight
schools for the deaf, founded following Kim Il-Sung's instruction to build several
schools for deaf children in 1959.
            DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                            24
UNICEF has noted that very high levels of malnutrition indicate serious problems
for both the physical growth and psychosocial development of young children. The
UN Food and Agriculture Organization (FAO) estimated that 7.8 million, or 33
percent of the population was undernourished. FAO estimated 37 percent of
children suffered from stunting.
The constitution provides for freedom of association; however, this provision was
not respected in practice. There were no known labor organizations other than
those created by the government. The KWP purportedly represents the interests of
all labor. There was a single labor organization, the General Federation of Trade
Unions of Korea . Operating under this umbrella, unions functioned on a classic
Stalinist model, with responsibility for mobilizing workers to support production
goals and for providing health, education, cultural, and welfare facilities.
Unions do not have the right to strike. According to North Korean law, unlawful
assembly can result in five years of correctional labor.
companies can form trade unions and that foreign enterprises must guarantee
conditions for union activities, the law does not protect workers who might attempt
to engage in union activities from employer retaliation, nor does it impose
penalties for employers who interfere in union activities.
There was one special economic zone (SEZ) in the Rajin-Sonbong area. The same
labor laws that apply in the rest of the country apply in the Rajin-Sonbong SEZ,
and workers in the SEZ were selected by the government.
Under a special law that created the Kaesong Industrial Complex (KIC), located
close to the demilitarized zone between South Korea and North Korea, special
regulations covering labor issues negotiated with South Korea were in effect for
the management of labor in the area. Those regulations did not contain provisions
that guarantee freedom of association or the right to bargain collectively.
The law prohibits forced or compulsory labor. However, the government mobilized
the population for construction and other labor projects, including on Sundays, the
one day off per week. The penal code criminalizes forced child labor; however,
             DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA                            26
there were reports that such practices occurred (see section 7.d.). The government
also frequently gathered large groups together for mass demonstrations and
performances. "Reformatory labor" and "reeducation through labor," including of
children, have traditionally been common punishments for political offenses.
Forced and compulsory labor, such as logging, mining, tending crops, and
manufacturing, continued to be the common fate of political prisoners. The NGO
Human Rights Watch reported that one defector was forced to work 16 hours a day
in a mine.
The penal code requires that all citizens of working age must work and "strictly
observe labor discipline and working hours." There were numerous reports that
farms and factories did not pay wages or provide food to their workers. According
to reports from one NGO, during the implementation of short-term economic
plans, factories and farms increased workers' hours and asked workers for
contributions of grain and money to purchase supplies for renovations and repairs.
According to the penal code, failure to meet economic plan goals can result in two
years of "labor correction."
From April to September 2009, numerous reports indicated that the government
initiated a "150-day battle" labor-mobilization campaign to boost the economy by
increasing work hours and production goals. The 150-day battle campaign
exhorted workers to work harder to resolve food shortages and to rebuild
infrastructure. The labor drive was part of the country's larger goal of building a
"great, prosperous, and powerful" nation by 2012, the birth centennial of Kim Il
Sung. Immediately after the 150-day battle the country engaged in a second labor-
mobilization campaign, the "100-Day battle," to further increase output.
A June NewYork Times report stated that each family connected to Chongjin state
construction company was required to deliver 17 bags of pebbles each month to the
local party committee to contribute to resurfacing Chongjin's only paved road in
preparation for the 2012 centennial of Kim Il-Sung's birth.
Forced labor continued to take place in brick making, cement manufacturing, coal
mining, gold mining, iron production, and textile industries.
According to the law, the state prohibits work by children under the age of 16
years.
School children sometimes were sent to work in factories or in the fields for short
periods to assist in completing special projects, such as snow removal on major
roads, or in meeting production goals. Children were forced also to participate in
cultural activities and, according to academic reports, were subjected to harsh
conditions during mandatory training sessions. Thousands of children were
reportedly held and forced to work in labor camps alongside their parents.
persons were required to take part in mass events on holidays, which sometimes
required advance practice during work time. Workers were often required to
"celebrate" at least some part of public holidays with their work units and were
able to spend a whole day with their families only if the holiday lasted two days.
Many worksites were hazardous, and the industrial accident rate was high. The law
recognizes the state's responsibility for providing modern and hygienic working
conditions. The penal code criminalizes the failure to heed "labor safety orders"
pertaining to worker safety and workplace conditions only if it results in the loss of
lives or other "grave loss." In addition workers do not have an enumerated right to
remove themselves from hazardous working conditions.
Citizens labored under harsh conditions while working abroad for North Korean
firms and under arrangements between the government and foreign firms. Contract
laborers worked in Africa; Central and Eastern Europe (most notably in Russia);
Central, East, and Southeast Asia; and the Middle East. In most cases employing
firms paid salaries to the North Korean government, and it was not known how
much of that salary the workers received. Workers were typically watched closely
by government officials while overseas and reportedly did not have freedom of
movement outside their living and working quarters.
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*Note on Sourcing: The United States does not have diplomatic relations with the
Democratic People's Republic of Korea. North Korea does not allow
representatives of foreign governments, journalists, or other invited guests the
freedom of movement that would enable them to assess fully human rights
conditions or confirm reported abuses. When referenced, refugee testimony can be
dated because of the time lapse between refugee departure from North Korea and
contact with NGOs or officials able to document human rights conditions.