Recognizing Refugees: Protecting the Human Rights of North Korean Refugees in China

Problem Statement

China’s failure to recognize North Koreans within its borders as refugees, and provide the adequate protections, is leading to further human rights abuses like human trafficking into forced marriages. Estimates on the number of North Koreans in China range anywhere from 10,000 to 300,000 people and a significant majority of these escapees are women of “marriageable age” in their 20s and 30s. With the aftermath of the one child policy which left a severe gender imbalance within China, these North Korean women are often sold to be “brides” of poor farmers in rural areas where many Chinese females are unwilling to go. With the alternative of being handed over to the authorities and repatriated back to North Korea, these women are enslaved and trapped in often violent marriages, sexual slavery, rape, assault, torture and abuse.

The UN and other legal experts consider North Korean escapees to be refugees, particularly on the grounds of refoulement, with significant proof that these escapees are subject to arrest, torture, abuse and even death upon return. Over the years, Human Rights Watch has released several advocacy reports, disclosing these situations and pressuring China to change its policies. However, China has responded with increased border security, deploying troops to enforce the border, providing rewards for turning in escapees, and imposing fines on those caught for those helping escapees. China also continues to repatriate the North Koreans, sending back more than 8,000 escapees in 2003 alone. By calling these North Koreans “illegal economic migrants” rather than refugees, China strategically avoids responsibility and creates opportunities for traffickers to take advantage of the escapees’ vulnerabilities and lack of protections. As Human Rights Watch has been addressing this issue, three main problems have come up.

1. There has been a tendency for China to increase the number of repatriations as a response to increased publicity.

One of Human Rights Watch’s main tactics has been to release advocacy reports with vivid descriptions of abuses and strong accusations to place pressure on China to protect the North Korean refugees. HRW targets China’s desire to be respected by the global community as a dominant power as China is more worried about losing face than the actual treatment of the North Koreans. However, China has responded to increasing pressures by increasing the number of repatriations, while choosing to turn a blind eye when the media is relatively quiet, as if bargaining with the media to reduce coverage.

Over the years, China and North Korea have formed several border control agreements to prevent North Koreans from fleeing, and return them if they do. These agreements are successful and still upheld because China values the traditional alliance with North Korea, not only because of the U.S.- Japan and U.S.-South Korea alliances, but also because it is in China’s interest that North Koreans do not flood into its country.

However, China has also been building new relationships, increasing trade relations with South Korea and integrating itself into the international community as a rising world power with great economic, cultural, and political influence. This position has come with increased scrutiny and global pressures and expectations for China to improve its human rights conditions.

China is stuck between upholding a traditional relationship that also aligns with its own interests, and strengthening new ones to be accepted as a world power. Greater awareness and understanding from the international community is crucial for effective change. However, this trend of China increasing the number of repatriations as the refugee crisis in China gets increasingly publicized, and the reverse trend of China turning a blind eye as the media remains quiet, proves to be a significant roadblock to the advocacy work of HRW.

2. China’s stringent regulations on foreign NGOs and the lack of any formal presence allowed for work related to North Koreans limits HRW’s work and information.

Currently, NGO activity in China that assists North Korean refugees is all underground. Not only has China’s recent Foreign NGO Law limited the number of organizations that have formal presence in the country, but also recognizing any organization that focuses on North Korean refugees as legitimate would imply admitting North Korea’s regime to be oppressive. In general, China has been lenient toward South Korean NGOs providing basic humanitarian aid. However, the lack of establishment and provisions for NGOs limit the work and information accessible.

The presence of a foreign NGO brings further issues due to China’s differing views on human rights. China, like North Korea and many other Asian nations, views America’s criticism and interference as politicized and inappropriate. There are many issues with even the idea of using U.S. standards to enforce human rights in such a different country with entirely different cultures and definitions. For example, China and North Korea define “human” differently, including a category of people that are not considered human and therefore not entitled to the same “human rights” protections. Although this creates situations that may be challenged, intervening without any understanding has only created more resistance.

3. China’s domestic concerns take priority over North Korean escapees, and the heavy fine limits local individuals and communities from contributing to HRW’s work.

Throughout the 90s China has passed a series of laws allowing citizens to sue the state, increase government transparency and accountability, and receive free legal representation. Further, China’s integration into the global economy has led to a significant increase in wealth, but has also created reason for more social unrest and discontent. Issues like the increasing gap between rich and poor, religions like Falun Gong, ethnic minorities, environmental degradation, etc. has led to frequent protests across the country, recording 160,000 public protests in 2010 alone.  China’s main concern is regime survival, and while these steps toward democracy and a stronger economy has benefitted the country significantly, it has also created further instability which has become a greater concern for China than the protections of North Koreans within its borders.

Some individuals and local communities have been reportedly more lenient and open to the refugees. Particularly along the Sino-DPRK border, a strong community has formed due to trade as well as the memory of all the support North Korea provided for China during its own famine between 1959 and 1961. More specifically, the ethnically Korean Chinese citizens, called Joseonjok, have been known to provide some aid. Many North Koreans rely on these Chinese locals’ acts of kindness to reach freedom. However, the presence of a heavy fine discourages more locals from taking the risk of providing aid. China’s recently intensified crackdowns have also broken apart networks and removed individuals along the border, further hindering the locals’ work and reducing the number of people that could support HRW’s work on the ground.