[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 114 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
S. CON. RES. 114

 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 SENATE OF THE UNITED STATES

                              May 20, 2002

  Mr. Brownback (for himself and Mr. Kennedy) submitted the following 
 concurrent resolution; which was referred to the Committee on Foreign 
                               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 one of the most oppressive regimes and 
        was identified by the President of the United States as one of the three 
        countries forming an ``axis of evil'';
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 severe punishments for crimes such 
        as attempted defection, slander of the Korean Workers Party, listening 
        to foreign broadcasts, possessing printed matter that is 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 and 
        because of severe drought;
Whereas the combination of political, social, and religious persecution, 
        economic deprivation, 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 reportedly begun 
        aggressive campaigns to locate North Koreans who reside without 
        permission in China and to forcibly return them to North Korea;
Whereas North Koreans who seek asylum in China and are refused, are returned to 
        North Korea where they have reportedly been imprisoned and tortured, and 
        in many cases killed;
Whereas the United Nations Convention Relating to the Status of Refugees of 
        1951, as modified and incorporated by reference 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 of 1967, China routinely classifies North Koreans 
        seeking asylum in China as ``economic migrants'' and returns the 
        refugees to North Korea without regard to the serious threat of 
        persecution they will face upon their return;
Whereas the Government of China is party to the United Nations Convention 
        Relating to the Status of Refugees of 1951 and the Protocol Relating to 
        the Status of Refugees of 1967 and must respect the term of these 
        agreements;
Whereas in recent weeks, Chinese authorities have increased security around 
        diplomatic properties and reportedly have stepped up detentions of North 
        Koreans hiding in the country, in response to 28 North Koreans seeking 
        asylum who rushed several foreign embassies;
Whereas on May 9th, eight North Koreans seeking political asylum rushed the 
        United States and Japanese consulates in the northeastern Chinese city 
        of Shenyang, including three who scaled a wall and made it into the 
        United States mission; and
Whereas Chinese police captured the other five, including a toddler, allegedly 
        by entering the Japanese Consulate compound without permission, and 
        dragging five people out, in clear violation of the provisions of the 
        Vienna Convention on Consular Relations ensuring the inviolability of 
        consular missions: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress encourages--
            (1) the Government of China to honor its obligations under 
        the United Nations Convention Relating to the Status of 
        Refugees of 1951, as modified and incorporated by reference by 
        the Protocol Relating to the Status of Refugees of 1967, by--
                    (A) making genuine efforts to identify and protect 
                the refugees among the North Korean migrants 
                encountered by Chinese authorities, including providing 
                the refugees with a reasonable opportunity to petition 
                for asylum;
                    (B) allowing the United Nations High Commissioner 
                for Refugees to have access to all North Korean asylum 
                seekers and refugees residing in China;
                    (C) halting the forced repatriations of North 
                Korean refugees seeking asylum in China; and
                    (D) cooperating with the United Nations High 
                Commissioner for Refugees in efforts to resettle the 
                North Korean refugees residing in China to other 
                countries;
            (2) the Government of China to permit access to the United 
        Nations High Commissioner for Refugees in order to evaluate the 
        asylum claims and to facilitate the resettlement of the North 
        Korean refugees residing in China in other countries; and
            (3) the United States Government to consider asylum claims 
        and refugee claims of North Koreans arising from a well-founded 
        fear of persecution.
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