Human rights of North Korean migrant workers
| Date | 01 March 2017 |
| Published date | 01 March 2017 |
| DOI | 10.1177/0924051917693973 |
| Author | Yejoon Rim |
| Subject Matter | Articles |
Article
Human rights of North Korean
migrant workers: Opportunity
to work or risk of forced labour?
Yejoon Rim
Korea Institute for National Unification, Seoul, S. Korea
Abstract
There is growing concern over the human rights situation of North Korean migrant workers.
Related to the labour system under North Korea’s socialist planned economy, whereby the
authorities have direct control over allocation of the labour force, the issue is also relevant to
each host country’s protection of the rights of migrant workers. This article examines the
human rights conditions of North Korean migrant workers, and assesses whether their sit-
uation amounts to slavery and forced labour from the perspective of international law.
Through analysis of North Korea’s Socialist Labour Law and the country’s regime, which
frames its labour structure, this article seeks to determine the root causes of the situation—
and ultimately to invoke international cooperation for amelioration of the human rights of
these workers.
Keywords
North Korean migrant workers, socialist planned economy, forced labour, slavery, labour rights,
socialist labour law
1. Introduction
There is growing concern within the international community over the human rights situation of
North Korean migrant workers. Although there are no official statistics or accurate information
available regarding the number of these workers or their destination countries,
1
it is generally
Corresponding author:
Yejoon Rim, Korea Institute for National Unification, Seoul, S. Korea.
Email: yejoon.rim@gmail.com
1. Suk-Jin Kim, Trends and Prospects of Foreign Currency Earnings of North Korea (KINU Unification Compass Series
15-04, Seoul 2015) 34.
Netherlands Quarterly of Human Rights
2017, Vol. 35(1) 51–68
ªThe Author(s) 2017
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DOI: 10.1177/0924051917693973
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estimated that more than 50,000 workers have been sent to Russia, China, Mongolia, Qatar and
Kuwait, among other places.
2
The majority of them are known to work in construction sites, light
industry factories, logging camps, and so on, at a lower wage than local workers. As harsh working
conditions, exploitation of wages, and restraint and control of the workers’ lives by the North
Korean authorities have been consistently noted in NGO and think-tank reports,
3
Marzuki Darus-
man, former UN Special Rapporteur on the situation of human rights in the Democratic People’s
Republic of Korea (DPRK), has drawn attention to this issue pending examination in future
reports, noting that such working conditions may amount to forced labour.
4
The issue of the human rights of North Korean migrant workers is to be distinguished from the
discussions held by the international community on ensuring the accountability of the North
Korean leadership for systematic, widespread and gross human rights violations.
5
While the human
rights situation of North Korean migrant workers derives from the overall labour structure of the
DPRK, in which designated authorities have direct control over the labour force in the context of a
socialist planned economy, it is also relevant to the system for protection of labour rights and
human rights of migrant workers in the host countries where the workers are employed.
6
The
former aspect necessitates improvement of the labour structure of the DPRK to accommodate
international labour standards, whereas the latter requires the host State and employing company to
respect and protect migrant workers’ human and labour rights.
This article aims to illustrate the human rights conditions of North Korean migrant workers, and
to assess whether their situation amounts to slavery and forced labour from the perspective of
international law. It analyses the laws framing the labour structure of the DPRK in order to identify
the root cause of the problem. Based on this examination, the article seeks measures to improve the
human rights conditions of North Korean workers abroad through international cooperation: by
urging the DPRK to improve its labour structure, stressing the responsibility of the host State and
employing company, and enhancing the protection of migrant workers.
2. The Asan Institute for Foreign Studies released the finding that 16 countries (Algeria, Angola, China, Equatorial Guinea,
Ethiopia, Kuwait, Libya, Malaysia, Mongolia, Myanmar, Nigeria, Oman, Poland, Qatar, Russia and the UAE) were
hosting 52,000*53,000 North Korean labourers as of January 2013; Chang-Hoon Shin and Myoung-Hyun Go, Beyond
the UN COI Report on Human Rights in DPRK (Asan Institute Report, November 2014) 21, 30. This research result was
cited in the CRS Report (Chanlett-Avery and others, North Korea: U.S. Relations, Nuclear Diplomacy, and Internal
Situation (CRS Report, July 2015) 23-4) and the UN Special Rapporteur’s report (UNGA ‘Situation of human rights in
the Democratic People’s Republic of Korea’ (8 September 2015) UN Doc A/70/362, para 26).
3. International Network for the Human Rights of North Korean Overseas Labour, The Conditions of the North Korean
Overseas Labour (December 2012); Yeo-Sang Yoon and others, Present State and Human Rights Conditions of North
Korean Overseas Labourers (NKDB, January 2015); Saemi Kim and James Burt, The Will of the State: North Korean
Forced Labour (EAHRNK Research Paper, September 2015).
4. UNHRC ‘Report of the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of
Korea’ (18 March 2015) UN Doc A/HRC/28/71, para 19. In September 2015, the UN Special Rapporteur’s report,
transmitted to the General Assembly by the UN Secretary-General, was only able to review the issue based on previous
study results (UNGA ‘Situation of human rights in the Democratic People’s Republic of Korea’ (8 September 2015) UN
Doc A/70/362, paras 24-33).
5. UNHRC ‘Report of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea’ (17
February 2014) UN Doc A/HRC/25/63.
6. Yejoon Rim, ‘Measures to Improve Human Rights Conditions of North Korean Workers Abroad’ (KINU Online Series
16-06, Seoul February 2016).
52 Netherlands Quarterly of Human Rights 35(1)
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