IV 

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 opinVerDate Mar 15 2010 22:17 Mar 20, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HC109.IH HC109

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•HCON 109 IH 

ion, 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 


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•HCON 109 IH 

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; 


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•HCON 109 IH 

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 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That— 

3 (1) Congress— 

4 (A) requests that the Government of China 

5 honor its obligations under the United Nations 

6 Convention relating to the 1951 Status of Refu7 gees and the 1967 Protocol; and 

8 (B) requests that the United States Am9 bassador to China submit a report within 30 

10 days about whether he is allowed to visit the 

11 North Korean refugees and on the plight of the 

12 North Korean refugees; and 

13 (2) it is the sense of Congress that— 

14 (A) any forced repatriations of North Ko15 rean refugees should be stopped; 

16 (B) North Korean refugees wishing reset17 tlement in a third country should be allowed to 

18 apply for asylum in those countries with the as19 sistance of the United Nations High Commis20 sioner for Refugees; and 


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•HCON 109 IH 

1 (C) the United Nations High Commis2 sioner for Refugees should be allowed to have 

3 access to all North Korean refugees residing in 

4 China. 

Æ 


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