On 21 March 2013, the United Nations Human Rights Council established the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea (DPRK) through resolution A/HRC/RES/22/13. The commission investigated "the systematic, widespread and grave violations of human rights" in North Korea and released a report on February 17, 2014 of their findings. This report is also known as the Kirby Report. North Korea responded with its own evaluation of human rights records in North Korea, published in English. Additional press releases and documentation is available on the commission's website.
Excerpt from the UN Human Rights Council's press release describing the report findings:
"These crimes against humanity entail extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation," the report says, adding that "Crimes against humanity are ongoing in the Democratic People's Republic of Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place."
The second more detailed section of the report cites evidence provided by individual victims and witnesses, including the harrowing treatment meted out to political prisoners, some of whom said they would catch snakes and mice to feed malnourished babies. Others told of watching family members being murdered in prison camps, and of defenceless inmates being used for martial arts practice.
"The fact that the Democratic People's Republic of Korea…has for decades pursued policies involving crimes that shock the conscience of humanity raises questions about the inadequacy of the response of the international community," the report stated. "The international community must accept its responsibility to protect the people of the Democratic People's Republic of Korea from crimes against humanity, because the Government of the DPRK has manifestly failed to do so."
The Commission found that the DPRK "displays many attributes of a totalitarian State."
"There is an almost complete denial of the right to freedom of thought, conscience and religion, as well as of the rights to freedom of opinion, expression, information and association," the report says, adding that propaganda is used by the State to manufacture absolute obedience to the Supreme Leader and to incite nationalistic hatred towards some other States and their nationals.
It is estimated that between 80,000 and 120,000 political prisoners are currently detained in four large political prison camps, where deliberate starvation has been used as a means of control and punishment. Gross violations are also being committed in the ordinary prison system, according to the Commission's findings.
The report noted that the DPRK consists of a rigidly stratified society with entrenched patterns of discrimination. Discrimination is rooted in the songbun system, which classifies people on the basis of State-assigned social class and birth, and also includes consideration of political opinions and religion, and determines where they live, work, study and even whom they may marry.
Military spending – predominantly on hardware and the development of weapons systems and the nuclear programme – has always been prioritised, even during periods of mass starvation, the report says. The State also maintains a system of inefficient economic production and discriminatory resource allocation that inevitably produces more avoidable starvation among its citizens.
Violations of the rights to food and to freedom of movement have resulted in women and girls becoming vulnerable to trafficking and forced sex work outside the DPRK. Many take the risk of fleeing, mainly to China, despite the high chance that they will be apprehended and forcibly repatriated, then subjected to persecution, torture, prolonged arbitrary detention and, in some cases sexual violence. "Repatriated women who are pregnant are regularly subjected to forced abortions, and babies born to repatriated women are often killed," the report states.
The Commission urged all States to respect the principle of non-refoulement (i.e. not to forcibly return refugees to their home country) and to adopt a victim-centric and human rights-based approach to trafficking, including by providing victims with the right to stay in the country and access to legal protection and basic services.
The Commission also found that, since 1950, the "State's violence has been externalized through State-sponsored abductions and enforced disappearances of people from other nations. These international enforced disappearances are unique in their intensity, scale and nature."
While the Government did not respond to the Commission's requests for access to DPRK and for information, the Commission obtained first-hand testimony through public hearings with about 80 witnesses in Seoul, Tokyo, London and Washington D.C., and more than 240 confidential interviews with victims and other witnesses, including in Bangkok. Eighty formal submissions were also received from different entities.
The report includes a letter sent by the Commissioners to the Supreme Leader, Kim Jong-un, containing a summary of their most serious findings, in particular the fact that "in many instances" the systematic, widespread and gross human rights violations "entail crimes against humanity," and drawing attention to the principles of command and superior responsibility under international criminal law according to which military commanders and civilian superiors can incur personal criminal responsibility for failing to prevent and repress crimes against humanity committed by persons under their effective control.
Among wide-ranging recommendations to the DPRK, to China and other States, and to the international community, the Commission calls on the Security Council to adopt targeted sanctions against those who appear to be most responsible for crimes against humanity, stressing that sanctions should not be targeted against the population or the economy as a whole.