Escaping the Hermit Kingdom An : analysis of China’s policy towards North Korean Refugees

Abstract: This paper deals with the issue of migration between North Korea and China. North Korea does not grant its citizens the legal right to freedom of movement, but famine and poverty has forced many to attempt escape through China, hoping to eventually reach South Korea. Those caught attempting to leave are punished in forced labour prisons, or sometimes executed. Satellite images have revealed North Korea’s extensive network of prison camps, known as kwan-li-so. China categorises North Koreans as economic migrants, illegally present, despite a valid fear of persecution. They are not recognized as refugees and China continues to breach the non-refoulement principle, turning them over to the North Korean authorities. Additionally, there is no process in place to determine the status of North Koreans and they are denied contact with UNHCR. Both states have failed to protect this group of people, and fundamental human rights are neglected. In this situation, human rights exist in relation to the state. As outsiders, the North Korean refugees lose their human rights and both states dehumanise them.