Rights of children and the reality in North Korea
Muhammad Muzahidul Islam :
North Korean constitution and other laws guarantee that the children-related laws exist there. However, in spite of the fact that there are laws and systems in North Korea, children suffer from deprivation of the rights they are supposed to enjoy. How far is it true to say that children-related laws exist in North Korea, but children’s rights do not?
North Korea ratified six international human rights instruments including Convention on the Rights of the Child (CRC). North Korea ratified CRC in 1990. And it does mean North Korea has obligation to implement various rights of children in line with this international human rights instrument domestically through its legislative and administrative measures.
Let us see what are the de jure and de facto status of the rights of children in North Korea. Legislative measures of North Korea include, among others, article 72 of the Constitution, provisions of Children’s Rights Protection Act and Childcare Education Law, etc.
The country also has an 11-year compulsory education system. Does it mean that children can exercise and enjoy their rights, in North Korea, as per the domestic legal measures that are compliant with the international human rights instruments including CRC?
Let me share with you the true positions of the rights of children in North Korea. The main problems that are being faced by children in North Korea have been documented by “Humanium” (an international child sponsorship NGO dedicated to stopping violation of children’s rights throughout the world).
According to Humanium, “Information about North Korea is difficult to obtain. We have tried to rely on reliable sources while looking for a neutral and objective point of view. From the information available, it appears that, in general, the protection of children in North Korea is not assured and that their rights are regularly violated”.
In relation to poverty Humanium stated that ‘In North Korea, about 40% of the population lives below the poverty line. Poverty is all the more critical and is periodically becoming worse through the natural disasters that this country has to face. Many children find themselves homeless and facing adverse living conditions’.
About the freedom of speech Humanium stated that “North Korea is widely known for its corruption and its lack of freedom of speech and opinion. The media are closely controlled; opponents or human rights defenders are often imprisoned, and the government is known for its strict censorship policy.
Sentences for political offenses or crimes of opinion are numerous and severely punished. These restrictions prevent the North Korean children from exercising their right to information and to express themselves freely, which is a violation of Art. 13 of the Convention on the Rights of the Child (CRC)”.
With regard to the right to protection Humanium further stated that “Children must be protected, within the family as well as out of this environment. In North Korea, the protection of children that should normally be ensured by the national authorities has been substituted by violence, forced labour and the failure to respect their rights.
Indeed, on many occasions, there have been instances where the North Korean government has sent children to prison camps, due to alleged offenses committed by a member of their family. Living conditions in these camps are appalling and absolutely unsuitable for children.
Thus, the mortality rate in these camps is very high: torture, abuse, malnutrition, poor sanitation, and a lack of or absence medical care … The situation is extremely harsh and cruel, but the government refuses to recognize the existence of these camps. Given these circumstances, the recognition of the violation of children’s rights appears impossible.”
One would express concerns on the practice of accepting children aged 16 and 17 to dolgyeokdae (military-style construction youth brigades) for10 year periods. This practice surely curtails children’s access to education. And it should be noted that the UN Committee on the Rights of the Child recommended that North Korea should also ban the practice of assigning children under the age of 18 to dolgyeokdae and provide all children with equal opportunities to further their education.
Stressing on the role of international community one would argue that North Korea should be encouraged to implement the observations or recommendations of the UN Committee on the rights of the child. And that would help realize the rights of children in North Korea.
Pointing at the discrimination and other unfair treatments one would think it pertinent to mention here provisions of article 2 of CRC.Article 2 (1) provides that “States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.”
Article 2(2) further provides that “States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members”.
In conclusion, we can say that North Korean children are far away from the rights they are supposed to enjoy. The legislative and executive measures of North Korea are mostly limited in the papers and books, and are not enough to implement domestically the rights of children mentioned in the CRC. Some measures may be found in violation of international human rights instruments including the CRC.
(The writer is a barrister-at-law, human rights activist and an advocate at Supreme Court of Bangladesh.)
