COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Pre-sessional working group
20-24 May 2002
IMPLEMENTATION OF THE INTERNATIONAL COVENANT
ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
List of issues to be taken up in connection with the consideration
of the second periodic report of the
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA concerning the rights covered
by articles 1 to 15
of the International Covenant on Economic, Social and Cultural
Rights (E/1990/6/Add.35)
I. GENERAL INFORMATION
1. According to paragraph 51 of the core document submitted by the
State party (HRI/CORE/1/Add.108), the provisions of the
international human rights instruments are applied either by being
incorporated into domestic law and regulation, or directly. Please
specify whether the provisions of the International Covenant on
Economic, Social and Cultural Rights can be invoked in the courts
by Korean citizens. Please provide case law, if it exists.
2. Please describe the recourse procedures available in the State
party to the citizens in case their rights as provided for in the
Covenant are violated.
II.ISSUES RELATING TO THE GENERAL PROVISIONS
OF THE COVENANT (arts. 1-5)
Article 2: Progressive realization of rights
3. Having in mind the provisions of article 2 (1) of the Covenant
and the information contained in table 12 annexed to the core
document, according to which the gross national product (GNP) and
per capita income between 1993 and 1996 dropped by almost 50 per
cent, please explain to what extent this dramatic fall in the
availability of resources has hampered the enjoyment by Korean
citizens of their rights recognized in the Covenant.
Article 2: Non-discrimination
4. Please indicate to what extent and in what manner the rights
recognized in the Covenant are guaranteed for aliens residing in
the Democratic People's Republic of Korea.
III. ISSUES RELATING TO SPECIFIC PROVISIONS
OF THE COVENANT (arts. 6-15)
Article 6: The right to work
5. Please provide the text of article 70 of the Constitution and of
article 5 of the Labour Law concerning the freedom to choose one's
occupation. Please give examples of how this freedom is exercised
by young people graduating from vocational schools or institutions
of higher education. Has an employee the right to quit a job by
notifying the employer of the termination of the labour
contract?
6. Please provide more information about administrative and penal
responsibility in case of the violation of "labour discipline".
Article 7: The right to just and favourable conditions of work
7. Please provide information about the pay scale applied for
fixing the level of salaries in the various economic branches.
8. Please provide statistical and other information concerning the
number, nature and frequency of occupational accidents and cases of
occupational diseases.
9. Please provide information on the situation, in law and
practice, in various sectors of activity as regards weekly rest,
normal hours of work and overtime, holidays with pay and
remuneration for public holidays.
Article 8: Trade union rights
10. Please explain how it is determined, and by what authority,
that the forming of a given trade union may "endanger State
security or social order".
11. What are the special restrictions imposed on the exercise of
trade union rights by members of the armed forces, the police or
the State administration?
Article 9: The right to social security
12. Please indicate if, and under what conditions, a person can
lose or could be deprived of social security benefits.
Article 10: Protection of family, mothers and children
13. Please indicate if free cohabitation, i.e. outside marriage, is
tolerated and explain the legal status of children out of
wedlock.
14. Please indicate under what conditions abortion is allowed and
practised in the State party.
15. Please provide information on the military training of
children.
Article 11: The right to an adequate standard of living
16. With reference to paragraphs 51-55 of the report, please
provide information about the food shortages in the country,
particularly in the rural areas. Since the cooperative farms sell
the food surplus to the State, please explain how the State is
helping farmers when the crops are insufficient because of natural
disasters such as drought or floods.
17. Please provide detailed information about the international
assistance received since 1994 by the Government of the State party
in order to solve the problem of food shortages created by natural
disasters.
18. Please provide information on the international assistance
received by the State party in order to alleviate the housing
shortage caused by natural disasters.
Article 12: The right to physical and mental health
19. Please describe the amount and forms of material assistance
received from WHO, UNICEF and international governmental and
non-governmental bodies for addressing health problems, especially
fighting infant mortality and under-5 mortality caused by
circumstances created by natural disasters.
20. Please provide information about the incidence of HIV/AIDS as
well as other sexually transmitted diseases.
Article 13: The right to education
21. Please indicate whether grants or scholarships are available to
Korean students who wish to study in foreign countries and to what
extent foreigners have access to Korean schools.
22. Please describe the measures adopted in order to promote and
protect the right of parents to ensure the religious and moral
education of their children in conformity with their own
beliefs.
23. Please provide information about the measures taken by the
State party in order to ensure that education enables all persons
to participate in a free society and promotes understanding,
tolerance and friendship among all nations and all racial, ethnic
or religious groups.
Article 15: The right to take part in cultural life and to enjoy
the benefits of scientific progress and the protection of
intellectual property
24. Please indicate if private individuals, scientists, writers and
artists have the possibility to freely engage in exchanges with
counterparts in foreign countries.
25. Please indicate to what extent foreign newspapers, books and
other printed materials, as well as audiovisual products, can be
imported into the Democratic People's Republic of Korea and bought
by private individuals.
26. Please describe the measures and initiatives taken by the
authorities of the State party to promote cultural ties and
exchanges with the Koreans living in the Republic of Korea.
27. Please indicate if the Korean authorities maintain restrictions
on freedom of creative activities and artistic production, which
are not based on "
juché" ideas.
28. Please explain to what extent the activity of the National
Examination Committee can be reconciled with the principle of the
freedom of scientific research and creative activity.
29. Please provide information on any prohibitions with regard to
the right of participation in cultural activities, including the
exercise of freedom of religious beliefs.