[Congressional Record (Bound Edition), Volume 148 (2002), Part 8]
[Senate]
[Pages 10820-10821]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   DETAINING OF NORTH KOREAN REFUGEES

  Mr. REID. I ask unanimous consent the Senate proceed to Calendar No. 
419, S. Con. Res. 114.
  The PRESIDING OFFICER. The clerk will report the concurrent 
resolution by title.
  The legislative clerk read as follows:

       A concurrent resolution (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.

  There being no objection, the Senate proceeded to consideration of 
the concurrent resolution, which had been reported from the Committee 
on Foreign Relations, with an amendment and an amendment to the 
preamble, and an amendment to the title.
  [Omit the parts in black brackets and insert the parts printed in 
italic.]

                            S. Con. Res. 114

       [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]
       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;

[[Page 10821]]

       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), [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.]
       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.''.

  Mr. REID. I ask unanimous consent that the committee amendment be 
agreed to, the concurrent resolution, as amended, be agreed to, the 
amendment to the preamble be agreed to, the preamble, as amended, be 
agreed to, the title amendment be agreed to, and the motions to 
reconsider be laid upon the table en bloc, with no intervening action 
or debate, and any statements related thereto be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The concurrent resolution (S. Con. Res. 114), as amended, was agreed 
to.
  The amendment to the preamble was agreed to.
  The preamble, as amended, was agreed to.
  The title amendment was agreed to.

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