CRC 36st session: Report of South Korea



UNITED NATIONS
Press Release

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xxxxxxxxxxCOMMITTEE ON RIGHTS OF CHILD
CONSIDERS REPORT OF DEMOCRATIC
PEOPLE'S REPUBLIC OF KOREA
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1 June 2004

The Committee on the Rights of the Child today considered the second
periodic report of the Democratic People's Republic of Korea on how
that country is implementing the provisions of the Convention on the
Rights of the Child.

So Se Pyong, Minister and Deputy Permanent Representative of the
Democratic People's Republic of Korea to the United Nations Office at
Geneva, speaking on behalf of Ri Tcheul, Ambassador and Permanent
Representative, said that part of the basic guidelines of the
people's power organs in their activities was to pay much attention
to the rights of the child and to make them the priority.

Mr. Pyong said that since its accession to the Convention in
September 1990, the Democratic People's Republic of Korea had made a
great effort for its sincere implementation. However, the country had
been faced with difficulties caused by the economic embargo against
it which had lasted for more than half a century and the natural
disasters that had occurred in recent years. The full implementation
of the Convention had been impeded by such difficulties which were
now gradually being eradicated by the emergency actions being taken
by the Government and through international humanitarian assistance
and cooperation.

Committee Experts questioned the delegation, asking, among other
things, when the State party would ratify the two optional protocols
to the Convention; about the status of the Convention within the
domestic legal system; the function of the Youth League; the
existence of different ages for marriage for boys and girls;
protection of freedom of religion; and monitoring the consistent
implementation of the Convention.

In preliminary remarks, the Committee Expert and Chairman who served
as country Rapporteur to the report of the Democratic People's
Republic of Korea, Jacob Egbert Doek, expressed his appreciation to
the members of the delegation for their answers which had been open
and frank. The delegation had replied to all the questions raised
without avoiding sensitive issues. The Committee would take the
dialogue into consideration while preparing its conclusions and
recommendations on the report, he added.

The delegation of the Democratic People's Republic of Korea also
included representatives of the Presidium of the Supreme People's
Assembly, Foreign Ministry, Ministry of Education and members of the
Permanent Mission of the Democratic People's Republic of Korea in
Geneva.

The Committee will issue its final recommendations on the report of
the Democratic People's Republic of Korea towards the end of its
session, which concludes on 4 June.

When the Committee reconvenes at 10 a.m. on Wednesday, 2 June, it
will take up the second periodic report of France (CRC/C/65/Add.26).





Report of Democratic People's Republic of Korea

The second periodic report of the Democratic People's Republic of
Korea (CRC/C/65/Add.24) enumerates the efforts of the State party in
implementing the provisions of the Convention on the Rights of the
Child, covering the period from 1995 to 2000. It notes that this
period was marked by unprecedented difficulties and hardship both for
the State and its people. The successive natural disasters lasting
for several years from 1995 have severely hampered the economy as a
whole and seriously damaged people's livelihood. As a result of hard
efforts, the State party had progressively surmounted the hardships,
restored the balance between the various sectors of the economy,
restored the basis of an impendent national economy and laid a
reliable springboard for the construction of a powerful nation.

The report says that all State officials, especially those concerned
with children, base all their activities on the motto: "Let us live
today not for today but for tomorrow". The Government and the
officials concerned with children keep in mind their noble mission of
cultivating a bright future and are firmly determined to devote more
sincere efforts to the work of guaranteeing the rights of the child,
surmounting all the difficulties encountered.





Presentation of Report

SO SE PYONG, Minister, Deputy Permanent Representative of the
Democratic People's Republic of Korea to the United Nations Office at
Geneva, speaking on behalf of RI TCHEUL, Ambassador and Permanent
Representative, said that part of the basic guidelines of the
people's power organs in their activities was to pay much attention
to children and to make them the priority. The late President Kim Il
Sung had said that children were the "King" of the country and they
should be given the best and every possible benefit. Following his
instructions, all institutions and officials in the country regarded
children not merely as minors to be loved and cared for but the
successors and growing generations of the future of the Democratic
People's Republic of Korea. Thanks to his excellent policies and
leadership, children in the Democratic People's Republic of Korea had
become the real "King" of the country. That was why the Korean people
considered that the President was still alive in their hearts and
held him in high respect.

Since its accession to the Convention on the Rights of the Child in
September 1990, the State party had made a great effort for its
sincere implementation, Mr. Pyong said. It had coincided with the
realization of the ideal of the Government in bringing up the new
generation of the country. The Government had paid primary attention
to the comprehensive and full enjoyment of rights by every child.
Mr. Pyong said it was his country's recognition that each right of
the Convention was equally important and indispensable. The
Government had done its best to implement the provisions of the
Convention. In particular, it had taken measures concerning children
in remote mountainous regions and islands and children with
disabilities. It had also responsibly arranged the material and
social conditions for the practical, legal and institutional
guarantees for the rights of the child.

The country was, however, facing difficulties caused by the economic
embargo against it which had lasted for more than half a century and
the natural disasters which had successively occurred in recent
years, Mr. Pyong said. The full implementation of the Convention had
been impeded by such difficulties, especially in aspects concerning
the nutritional care of children, supply of school facilities and
medical equipments as well as medication. The Government was now
trying its utmost to overcome the difficulties it faced. The
difficulties were gradually being eradicated by the emergency actions
taken by the Government and by international humanitarian assistance
and cooperation.





Questions Raised by Committee Experts

JACOB EGBERT DOEK, Committee Chairperson who served as country
Rapporteur to the report of the Democratic People's Republic of Korea
, extended his condolences to the Government and the families of the
victims of the train accident that took place in the country a few
weeks ago. He thanked the Government for inviting him with a member
of the Secretariat and another member of the Committee to visit the
country for three and a half days. He said that the implementation of
the rights of the child could not be seen separately from the
economic and political reform of a country. The State party had more
resources at its disposal than in the past; however, there was
terrible problem of malnutrition of children. International
humanitarian assistance had prevented the situation from taking the
magnitude of a disaster.

Mr. Doek said that the Korean Peninsula was still considered to be in
a state of war. The economic sanctions imposed on the Democratic
People's Republic of Korea remained in force. Further, the
allegations of human rights violations had exacerbated the political
problem. However, there was an array of hope that the country was
consistent in addressing the problems of women and children. Within
the arrays of hope, it was essential to have structural reforms which
were indispensable to reduce the country's dependency on
international humanitarian assistance.

SAISUREE CHUTIKUL, Committee Expert who served as Co-rapporteur,
thanked the Government for making it possible for the Chairperson, a
member of the Secretariat and herself to visit the country.
She recalled that the country in the seventies had done very well
economically and socially with its rapid growth and high national
income, even enough to contribute assistance to a number of
developing countries. Later on, economic development had declined
because of various external and internal factors, in addition to the
natural disasters which had had negative effects on children in
particular. For example, this concerned the problems about food
security and the question of the right to food for children, which
was the basis for their right to life, survival and development. The
Committee had been told that the macro-economy seemed to have had
some modest growth in recent years.

Ms. Chutikul said the Government had underscored that some 30 social
service schemes related to health, education, entitlements for women,
child care, protection of the disabled, among other things, would
remain unchanged. There were, however, question marks over the
affordability of such a wide range of free services, many of which
were highly dependent on international humanitarian assistance. She
commended the Government's efforts. But the related question to that
affordability lay in the system's capability to sustain the
accessibility to or coverage of services for every child and to be
able to improve the quality of such services.

Ms. Chutikul welcomed the many measures which had been implemented,
notably the revision of some 50 laws, including that for children
with disabilities, the increased attention to malnutrition of
children and a clearer policy on children even though it was not
explicitly confirmed on the rights-based approach. However, some
items had not received sufficient attention for follow-up activities.

The Expert asked whether in the process of the formation of the
National Programme of Action (2001-2010), non-governmental
organizations, concerned humanitarian agencies and even children
themselves had been involved. Was there a possibility to include
those groups as well as people at the local level when a review and
evaluation was undertaken in five years time?

Other Committee members also raised questions. They asked, among
other things, about the ratification of the two optional protocols to
the Convention; the timeframe set to ratify ILO conventions on the
minimum age for the administration to employment and the worst forms
of child labour; the status of the Convention within the domestic
legal system; the function of the Youth League; the existence of
different ages for marriage for boys and girls; protection of freedom
of religion; monitoring of the consistent implementation of the
Convention; and training programmes for mothers and personnel taking
care of children.





Response by Delegation of Democratic People's Republic of Korea

Responding, the members of the delegation said that the Democratic
People's Republic of Korea was in a cease-fire situation and the
other party had not accepted its proposal to end this state.
The Democratic People's Republic of Korea had experienced many
natural disasters, the delegation said. That situation had created
economic difficulties in the country. Before 1996, people around the
world used to come to the country to admire the educational system
which was exemplary. However, since 1996, the phenomenon of street
children began to exist in the country which had prompted the
Government to take appropriate measures to address that situation.

The country's laws had been amended to harmonize them with the
international conventions, particularly the Convention on the Rights
of the Child, the delegation said. The minimum age according to which
a child could be sentenced to capital punishment had been raised from
17 to 18. Compulsory education had been strengthened, and supplies of
educational materials had been increased.

During the recent train explosion, children had been victims and the
Committee for the Rights of Children had come to their help, the
delegation said. Many of the children became victims after
approaching the area out of curiosity, despite the prohibition by the
authorities to approach the area of the incident.

Malnutrition was unfortunately still present in the country, the
delegation said, adding that the Government was endeavouring to
reduce the rate of malnutrition. The supply of safe drinking waster
was also another area where the Government was making efforts to
overcome the problems.

Koreas were making efforts to reduce international humanitarian
assistance and to be self-reliant, the delegation said. The
Government was thankful for the international assistance it received
from individuals, countries as well as organizations such as UNICEF,
UNDP, World Food Programme, and Caritas International, among others.
On the issue of increasing State budgetary allocation to health and
education, the delegation said that the overall allocation for
education and health was 7.1 per cent and 5.8 per cent respectively.
The universal compulsory 11-year education and the universal free
medical care system were in place.

With regard to the right to opinion, the delegation said that
children's opinion was important in all aspects. All institutions
were open to complaints and grievances from children, both verbal and
written. Many institutions had a section what dealt with children's
complaints. If the complaints proved to be correct, officials took
due measures to resolve the problem.

The Democratic People's Republic of Korea was a country without any
form of discrimination, the delegation said. There were no
antagonistic social classes - poor and rich. The allegations of
discrimination came from certain individuals who did not understand
the system.





Questions by Committee Experts

Committee Experts continued querying the members of the delegation.
They asked, among other things, about the decrease in school
attendance in rural areas; the higher rate of school absenteeism of
girls more than boys; lack of heating in schools that discouraged
students from attendance; the situation of breastfeeding; the
conditions for domestic and international adoptions; the law on
family reunification; the alleged bad treatment of victims of the
train accident due to the lack of adequate healthcare facilities; and
the adolescent health and mental healthcare systems.




Response by the Delegation

Students who dropped out of school or those who failed classes had
the possibility to repeat, the delegation said. Additional measures
were taken to encourage repeaters and to help those who left school
early.

On corporal punishment, the delegation said that it was not an issue
of public concern. Light corporal punishment administered by parents
was intended to benefit the children and it was a means of educating
them. Any ill-treatment of children was reported to the National
Coordination Committee on Child Rights.

On matters of adoption, the delegation said all adoptions had to be
registered. The adoption of a child required the consent of parents,
relatives, nurses and teachers, among others. However, the adoption
of a child who had the capacity of independent expression of will
only required the consent of the child concerned. The State neither
prohibited nor encouraged inter-country adoption.

The situation of street children was a new phenomenon in the country,
the delegation said. Many of the children came from mountainous
regions after having escaped from their families. Those street
children were taken care of by the State and were sent to
institutions where they could get vocational training.

There were clinics attached to all schools, the delegation said.
Those clinics provided primary health care, while for serious cases,
children were sent to outside health centres.

On the protection of children with disabilities, the delegation said
that a series of legal provisions were put in place to protect such
children. There were no legislative or social grounds for
discrimination against or neglect of children with disabilities in
the country. Local government organs paid subsidies to families which
had children with disabilities.

Asked how much access children had to information, the delegation
said there were juvenile libraries to provide information in each
community. The Internet connection was not popular among children.
The policy on accessibility to information was to carefully protect
children from harmful elements.

There were not many religious people in the country, the delegation
said. No one was suppressed due to his or her religious beliefs. The
State was separated from religions and had no influence over them,
nor did it make any restrictions. The Kim Ill Sung University had a
faculty for religious studies. Buddhists and other religions had
their own temples and churches and believers were free to exercise
their beliefs. However, the State had to watch the situation so that
foreign spies did not infiltrate the country on the pretext of
religion. When the United States invaded the country, it had used
religious priests before doing so. Individual belief was so natural
that the State did not put a law in place to regulate it.

An Expert said that there was disturbing information on the situation
of children and their families who returned after leaving the country
legally or illegally. How free was it to return to the country after
staying abroad?

The delegation said that enlistment in the army was possible for
children on a voluntary basis. A preliminary training was provided to
prepare them physically and mentally in specialized military schools.
The purpose of the education was to shape citizens for self-reliance
in nation building. There was a belief that the problem of the
Peninsula should be resolved by the Koreans themselves who should
seek to reunite without any foreign interference. South Korean
compatriots were willing to assist the country. There had been a
series of family reunions. The war had separated kin and families.
The Koreas would have united had it not been for the obstruction of
foreign powers.

Illegal crossing of borders was not admitted in accordance to the
country's legal system, the delegation said. However, there was no
institutional suppression inflicted on returnees. Those who crossed
to China illegally should know that legal procedures should be
respected.

Because of the economic difficulties, people had to leave the country
to stay with relatives in China, the delegation said. Those who
returned to the country after visiting their relatives in China, even
if they left in an illegal manner, were not punished. However, those
who committed crimes and escaped justice, and who returned after a
long stay outside, would be punished upon their return.

Chinese citizens in Korea could obtain citizenship if they so
desired, the delegation said. Children could not be stateless and no
one could be left aside without national protection. If one of the
parents was a Korean, citizenship was given automatically.





Preliminary Remarks

JACOB EGBERT DOEK, the Committee Expert and Chairperson who served as
country Rapporteur to the report of the Democratic People's Republic
of Korea, expressed his appreciation to the members of the delegation
for their answers which had been open and frank. The delegation had
replied to all questions raised without avoiding sensitive issues.
The Committee would take the dialogue into consideration while
preparing its conclusions and recommendations on the report.

The Committee would acknowledge the positive things taking place in
the country, Mr. Doek said. During the discussion, the issue of
effective coordination and many instances of complaints had been
touched upon. Although there was a body to deal with complaints, it
was not fully independent as expected by the Committee. Although the
delegation said that corporal punishment was not a public concern,
further studies should be carried out on it. With regard to State
responsibility in providing nurseries for children, parents should be
empowered to be involved in such nurseries. Further investigations
should be made on the phenomenon of juvenile delinquency.




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