IV

107TH CONGRESS

1ST SESSION H. CON. RES. 213

Expressing the sense of Congress regarding North Korean refugees who

are detained in China and returned to North Korea where they face

torture, imprisonment, and execution.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 2001

Mr. ROYCE (for himself, Mr. BECERRA, Ms. ROS-LEHTINEN, Mr. PAYNE, Mr.

SMITH of New Jersey, Mr. ROHRABACHER, Mr. GILMAN, Mr. KIRK, and

Mr. HORN) submitted the following concurrent resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION

Expressing the sense of Congress regarding North Korean

refugees who are detained in China and returned to

North Korea where they face torture, imprisonment, and

execution.

Whereas the Government of North Korea is controlled by the

Korean Workers Party, which does not recognize the

right of North Koreans to exercise the freedoms of

speech, religion, press, assembly or association;

Whereas the Government of North Korea imposes punishments, including execution, for crimes such as attempted

defection, slander of the Korean Workers Party, listening

to foreign broadcasts, possessing printed matter that is
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•HCON 213 IH

considered reactionary by the Korean Workers Party, and

holding prohibited religious beliefs;

Whereas at least 1,000,000 North Koreans are estimated to

have died of starvation since 1995 because of the failure

of the centralized agricultural system operated by the

Government of North Korea;

Whereas the combination of political, social, and religious

persecution and the risk of starvation in North Korea is

causing many North Koreans to flee to China;

Whereas between 100,000 and 300,000 North Korean refugees are estimated to be residing in China without the

permission of the Government of China;

Whereas the Governments of China and North Korea have

begun aggressive campaigns to locate North Koreans who

are in China without permission and to forcibly return

them to North Korea;

Whereas North Koreans who seek asylum in China are routinely imprisoned and tortured, and in some cases killed,

after they are returned to North Korea;

Whereas the United Nations Convention relating to the Status of Refugees of 1951, as modified by the Protocol relating to the Status of Refugees of 1967, defines a refugee as a person who, ‘‘owing to well-founded fear of

being persecuted for reasons of race, religion, nationality,

membership of a particular social group or political opinion, is outside the country of his nationality and is unable

or, owing to such fear, is unwilling to avail himself of the

protection of that country’’;

Whereas despite China’s obligations as a party to the United

Nations Convention relating to the Status of Refugees of

1951 and the Protocol relating to the Status of Refugees
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of 1967, China routinely classifies North Koreans seeking

asylum in China as mere ‘‘economic migrants’’ and returns the refugees to North Korea without regard to the

serious threat of persecution faced by the refugees after

their return;

Whereas the Government of China does not provide North

Koreans whose asylum requests are rejected a right to

have the rejection reviewed prior to deportation despite

the recommendations of the United Nations Convention

relating to the Status of Refugees of 1951 and the Protocol relating to the Status of Refugees of 1967 that such

a right be granted; and

Whereas the Government of China recently permitted the

United Nations High Commissioner for Refugees to resettle 7 North Korean refugees in South Korea: Now,

therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) encourages the Government of China to

4 honor its obligations under the United Nations Con5 vention relating to the Status of Refugees of 1951,

6 as modified by the Protocol relating to the Status of

7 Refugees of 1967, by—

8 (A) making genuine efforts to identify and

9 protect the refugees among the North Korean

10 migrants encountered by Chinese authorities,

11 including providing the refugees with a reason12 ably opportunity to request asylum;
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1 (B) providing North Korean refugees re2 siding in China with a safe asylum;

3 (C) halting the forced repatriations of

4 North Korean refugees seeking asylum in

5 China;

6 (D) allowing the United Nations High

7 Commissioner for Refugees to have access to all

8 North Korean refugees residing in China; and

9 (E) cooperating with the United Nations

10 High Commissioner for Refugees in efforts to

11 resettle the North Korean refugees residing in

12 China in other countries; and

13 (2) encourages the United Nations High Com14 missioner for Refugees to facilitate the resettlement

15 of the North Korean refugees residing in China in

16 other countries.

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