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






                                                       Calendar No. 419
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

                             June 13, 2002

Reported by Mr. Biden, with an amendment, an amendment to the preamble, 
                     and an amendment to the title
[Strike out the preamble and all after the resolving clause and insert 
                      the part printed in italic]

_______________________________________________________________________

                         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.

<DELETED>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
</DELETED>Whereas the people of North Korea live in extreme poverty and do not 
        enjoy 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 and other natural calamities;
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 presence of so many North Korean refugees on Chinese soil imposes a 
        heavy burden on the Chinese people;
Whereas North Koreans who seek asylum while 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 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;
Whereas China routinely characterizes North Koreans seeking asylum while in 
        China as being economic migrants and returns the refugees to North Korea 
        without adequate due process or regard to the serious threat of 
        persecution they will face upon their return;
Whereas in recent weeks, in response to North Koreans seeking asylum who have 
        rushed several foreign missions, Chinese authorities reportedly have 
        begun an aggressive campaign to locate North Koreans who reside without 
        permission in China and forcibly to return them to North Korea;
Whereas the Vienna Convention on Diplomatic Relations and the Vienna Convention 
        on Consular Relations obligate China to ensure the inviolability of 
        foreign missions and to provide for their security;
Whereas the refugee problem will persist until there is peace and reconciliation 
        on the Korean Peninsula;
Whereas June 15, 2002, marks the second anniversary of the historic North-South 
        Summit in Pyongyang between South Korean President Kim Dae-jung and 
        North Korean leader Kim Jong-il, at which both sides pledged to pursue 
        peace and reconciliation;
Whereas President Bush has pledged to support South Korea's policy of engagement 
        with North Korea; and
Whereas the President of the United States has offered to send a representative 
        to meet with North Korean authorities to address issues of mutual 
        concern, including humanitarian issues: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
<DELETED>That Congress encourages--
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) allowing the United Nations High 
                Commissioner for Refugees to have access to all North 
                Korean asylum seekers and refugees residing in 
                China;</DELETED>
                <DELETED>    (C) halting the forced repatriations of 
                North Korean refugees seeking asylum in China; 
                and</DELETED>
                <DELETED>    (D) cooperating with the United Nations 
                High Commissioner for Refugees in efforts to resettle 
                the North Korean refugees residing in China to other 
                countries;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) the United States Government to consider 
        asylum claims and refugee claims of North Koreans arising from 
        a well-founded fear of persecution.</DELETED>
    That Congress--
            (1) encourages 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 in order to 
                evaluate the asylum claims and to facilitate the 
                resettlement of the North Korean refugees residing in 
                China in other countries; and
                    (C) halting the forced repatriations of North 
                Korean refugees seeking asylum in China;
            (2) encourages the Government of China to respect the 
        inviolability of foreign missions while providing for their 
        security, as called for under the Vienna Convention on 
        Diplomatic Relations and the Vienna Convention on Consular 
        Relations;
            (3) urges the Government of North Korea to alleviate the 
        suffering of the North Korean people, to respect their 
        universally recognized human rights, and to take concrete steps 
        to implement the North-South Joint Declaration of June 15, 
        2000, issued by the leaders of South Korea and North Korea on 
        that date; and
            (4) encourages the United States Government to consider 
        asylum claims and refugee claims of North Koreans arising from 
        a well-founded fear of persecution.
            Amend the title to read: ``A Concurrent Resolution 
        expressing the sense of Congress regarding North Korean 
        refugees in China and those who are returned to North Korea 
        where they face torture, imprisonment, and execution.''.




                                                       Calendar No. 419

107th CONGRESS

  2d Session

                            S. CON. RES. 114

_______________________________________________________________________

                         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.

_______________________________________________________________________

                             June 13, 2002

   Reported with an amendment, an amendment to the preamble, and an 
                         amendment to the title