Rights groups express concerns about China’s forcible return of North Korean detainees – JURIST

Over 50 rights groups expressed their concerns to Chinese President Xi Jinping about the forcible returns of North Korean escapees detained by Chinese authorities. These groups call upon China to end its forcible repatriation of North Korean detainees in accordance with the non-refoulement principle in international law.

The letter addresses the potential forceful repatriation of the detainees in China after the reopening of North Korea’s border on August 27. In October 2022, the UN Special Rapporteur warned of the potential resumption of forceful repatriation.

The rights groups and the UN Office of the United Nations High Commissioner for Human Rights (OHCHR) both invoke the non-refoulement principle under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention relating to the Status of Refugees and its Protocol. These international conventions codify the universal principles against refoulement. The Contracting States, including China, are obliged not to expel refugees to any places that would subject them to further threats to their life or freedom.

Since 2014, the UN Human Rights Council has observed North Korea committing crimes against humanity, targeting forcible returnees detained by China. OHCHR has further confirmed that forced disappearances and other human rights violations continue in 2023.

Nonetheless, in replying to the UN’s findings in 2014, Chinese authorities justified its forced repatriation policies by contending that the North Korean detainees were merely illegal immigrants and not refugees. It also followed that illegal immigrants did not fall within the protection of the non-refoulement principle in the conventions.

The 19th Asian Games starts on September 23, and China is the host country of the Games. North Korea is reopening its border and sending 200 athletes, coaches and officials to attend the Games. North Korea’s authoritarian government and its integrity-violating laws have caused its citizens to defect and flee from their country. In addition, Human Rights Watch has also reported North Korean authorities’ drastic public humiliation and punishment against its losing athletes. The Asian Games and North Korea’s border reopening re-trigger concerns about torture and inhumane treatment against North Korean escapees.