[On the Brink of Repatriation] ② North Korean Defectors Facing Hell... China Says They Are Not Refugees

Considered 'Illegal Immigrants' Despite Inevitable Tragedy After Repatriation
Human Rights Violations Amid North Korea Repatriation Concerns... China Remains Silent on the Situation
UN Avoids Holding China Accountable... "Swayed by Financial Power?"

Editor's NoteAs the Hangzhou Asian Games opened on the 23rd, North Korean defectors in China have been pushed to the brink of forced repatriation. With North Korea reopening its borders for human exchanges amid the Asian Games after closing them due to the COVID-19 outbreak, there is growing concern that a large number of defectors detained in China may be forcibly sent back. North Korean defectors suffer human rights abuses such as human trafficking while detained in China and face risks of detention, torture, and execution after repatriation. Asia Economy has focused on the harsh reality faced by defectors and explored the role of our government in preventing their forced repatriation.

Amid growing concerns that China will soon resume forced repatriation of North Korean defectors, the actual number of defectors in China remains unknown. North Korea has been experiencing severe food shortages since closing its borders during the COVID-19 pandemic. Because of this, it is estimated that many defectors risk their lives crossing the Tumen River, as in the case of Kim Eun-joo reported. However, China neither recognizes defectors as 'refugees' nor discloses related statistics.

According to the Ministry of Unification on the 25th, North Korean authorities officially approved the return of residents staying overseas (in China) on the 27th of last month. This marked the reopening of borders after 3 years and 7 months of closure due to the COVID-19 outbreak. This month, human exchanges have gradually resumed, with North Korean athletes being dispatched one after another to participate in the Asian Games. In particular, when Wang Yajun, the Chinese ambassador to North Korea, met with a senior North Korean official on the 21st and expressed hope for the "early normalization of human exchanges," concerns grew that the 'repatriation deadline' might be accelerated.

Despite Knowing the Tragedy After Repatriation... China Ignores the 'Refugee Convention'

A woman being dragged away by Chinese police outside the Korean Consulate in Beijing, China [Image source=AP Yonhap News]

China's policy of arresting, detaining, and forcibly repatriating North Korean defectors stems from its refusal to recognize them as 'refugees.' Internationally, refugees are protected under the so-called 'non-refoulement' principle contained in the 1951 Refugee Convention signed in Geneva, Switzerland, in July 1951. Non-refoulement, a French term meaning 'not to push back,' is an international legal principle that prohibits sending asylum seekers back to countries where they face persecution.

The United Nations Commission of Inquiry on Human Rights in North Korea (COI) and others have repeatedly warned that defectors face risks of forced labor in political prison camps, arbitrary detention, torture, and even execution if repatriated. This means that North Korean defectors should be protected under the Refugee Convention. However, the Chinese government regards defectors as illegal immigrants for 'economic purposes.' They view defectors as having entered China illegally to earn money, not to escape for survival.

Earlier in April, three human rights organizations, including the Transitional Justice Working Group (TJWG), submitted a report on human rights violations against North Korean defectors in China to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW). Based on this, the committee requested statistics on defectors from the Chinese government. However, the Chinese delegation maintained the position that 'defectors are illegal immigrants, not refugees,' and stated, "We do not have relevant data."

China is a permanent member of the United Nations Security Council and a party to international legal principles such as the Refugee Convention and the Convention Against Torture, and the international community agrees that it has an obligation to protect defectors. However, China neither recognizes defectors as refugees nor discloses their status, making it difficult to accurately grasp the scale of defectors facing the risk of repatriation.

Unclear Numbers of North Korean Defectors in China... 1,170? 2,600?

UN [Image source=Yonhap News]

Given this situation, internationally cited figures remain sporadic and lack clear evidence.

First, the international human rights organization Human Rights Watch (HRW) disclosed in July 2021 that "China is detaining 1,170 North Korean defectors in various facilities," even revealing the number per facility. Then, Elizabeth Salm?n, the UN Special Rapporteur on Human Rights in North Korea, stated in September last year that the number of detained defectors reached 2,000. Recently, there are opinions that the number approaches 2,600. This figure includes defectors expected to reside in southern regions such as Thailand, which serve as escape routes, but these numbers are generally considered 'uncertain estimates.'

Because defectors are not granted refugee status, it is difficult to estimate their numbers, and they also face the problem of becoming targets of crime. Their fear of identity exposure is exploited. Human trafficking, forced marriage, and sexual crimes targeting women are representative examples. According to reports submitted by our organizations to CEDAW, the revenue generated from North Korean women being forced into prostitution (human trafficking) amounts to $150 million (approximately 197 billion KRW). Such human rights abuses are passed down as secondary damage, including forced separation, forced abortions, and infanticide after repatriation.

Therefore, a practical measure to prevent China's forced repatriation of defectors is 'indirect pressure' through the United Nations. However, there are criticisms that the UN is responding passively due to China's influence. For example, the UN Office of the High Commissioner for Human Rights (OHCHR) Seoul office avoided attributing responsibility by referring to China as a 'neighboring country' in a report on trafficking of North Korean women in March this year. Recently, it has repeatedly notified human rights organizations of its absence from seminars related to preventing repatriation, drawing backlash.

There is also criticism that the UN is not free from 'China's financial power.' Lee Shin-hwa, Director of International Cooperation on North Korean Human Rights, recently pointed out at a seminar that Filippo Grandi, the UN High Commissioner for Refugees (UNHCR), visited China and emphasized the need for investment in refugee-hosting countries through the Belt and Road Initiative, after which President Xi Jinping announced a $1 billion support plan. He criticized the 'limits of independence that UN agencies must maintain.' This is interpreted as an accusation that the UN selectively addresses issues of defectors and other refugees to avoid losing China's financial support.

In a phone interview with Asia Economy, the director expressed concern, saying, "UNHCR has the right to access refugees in China under a special agreement signed in 1995, but China's refusal to recognize defectors as refugees is an obstacle," adding, "This places defectors in a legal blind spot." He also said, "UNHCR can request third-party mediation beyond the agreement, but since 2013, it has stopped publicly mentioning the issue of forced repatriation of defectors," and indirectly criticized, "this period coincides with the rapid rise of China's international status."