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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 109 Introduced in House (IH)]

112th CONGRESS
  2d Session
H. CON. RES. 109

 Expressing the sense of Congress that the People's Republic of China 
  should not repatriate the North Korean refugees detained in China, 
  subjecting them to torture, imprisonment, and execution, but allow 
    their resettlement in the Republic of Korea and other countries.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2012

   Mr. Smith of New Jersey (for himself and Mr. Royce) submitted the 
following concurrent resolution; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 Expressing the sense of Congress that the People's Republic of China 
  should not repatriate the North Korean refugees detained in China, 
  subjecting them to torture, imprisonment, and execution, but allow 
    their resettlement in the Republic of Korea and other countries.

Whereas the People's Republic of China classifies all North Korean refugees in 
        China as ``illegal economic migrants'' and not refugees;
Whereas the United Nations Convention relating to the Status of Refugees of 1951 
        and the 1967 Protocol define 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 the People's Republic of China became a signatory to the Convention in 
        1982;
Whereas Article 3 of the United Nations Convention Against Torture, Cruel, 
        Inhumane or Degrading Treatment or Punishment states, ``No State Party 
        shall expel, return (`refouler') or extradite a person to another State 
        where [there] are substantial grounds for believing that he would be in 
        danger of being subjected to torture'';
Whereas the Government of the People's Republic of China violates its 
        obligations under the United Nations Convention relating to the Status 
        of Refugees of 1951 and the 1967 Protocol relating to the Status of 
        Refugees by impeding access to the United Nations High Commissioner for 
        Refugees (UNHCR);
Whereas the People's Republic of China became a signatory to the United Nations 
        Convention Against Torture, Cruel, Inhumane or Degrading Treatment or 
        Punishment in 1988;
Whereas in December 2011, the Democratic People's Republic of Korea announced 
        its intention to annihilate up to three generations of a family if a 
        family member fled North Korea during the 100-day mourning period 
        following Kim Jong-il's death;
Whereas the eyewitness testimonies of North Korean defectors have been well 
        documented by the United Nations, the United States Department of State, 
        and the Republic of Korea, and thus determined that North Koreans when 
        repatriated to North Korea are subjected to torture, imprisonment, and 
        execution;
Whereas the Government of the People's Republic of China forcibly detains and 
        imprisons Chinese citizens and foreign aid workers who try to assist 
        North Korean refugees inside China;
Whereas the former United Nations Special Rapporteur on North Korea, Vitit 
        Muntarbhorn, in 2005 concluded that North Koreans in China under 
        international law are ``refugees sur place'' because while they may have 
        not fled because of persecution they face a well founded fear of 
        persecution if forced back to North Korea;
Whereas despite urging from the international community that the Government of 
        the People's Republic of China not return North Koreans to North Korea, 
        the Chinese Government reportedly forcibly repatriated approximately 31 
        North Korean refugees in March 2012 who had been arrested by Chinese 
        security agents between February 8 and February 12, 2012;
Whereas the refugees were repatriated to North Korea despite a report by the 
        United Nations High Commissioner for Refugees on February 24, 2012, that 
        it had requested the Government of China to uphold the non-refoulement 
        principle and urged a humanitarian solution for the detained North 
        Koreans;
Whereas up to 90 percent of North Korean women refugees in China fall prey to 
        traffickers in China who sell the refugees into sexual slavery;
Whereas the Republic of Korea has repeatedly requested that China stop 
        repatriating North Korean refugees;
Whereas under Articles 2 and 3 of the Constitution of the Republic of Korea, 
        North Koreans are considered citizens of the Republic of Korea; and
Whereas the international community has shown its willingness to help China 
        resolve this crisis as evidenced by the safe resettlement of over 27,500 
        North Korean refugees in over 20 nations: Now therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That--
            (1) Congress--
                    (A) requests that the Government of China honor its 
                obligations under the United Nations Convention 
                relating to the 1951 Status of Refugees and the 1967 
                Protocol; and
                    (B) requests that the United States Ambassador to 
                China submit a report within 30 days about whether he 
                is allowed to visit the North Korean refugees and on 
                the plight of the North Korean refugees; and
            (2) it is the sense of Congress that--
                    (A) any forced repatriations of North Korean 
                refugees should be stopped;
                    (B) North Korean refugees wishing resettlement in a 
                third country should be allowed to apply for asylum in 
                those countries with the assistance of the United 
                Nations High Commissioner for Refugees; and
                    (C) the United Nations High Commissioner for 
                Refugees should be allowed to have access to all North 
                Korean refugees residing in China.
                                 <all>
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