An investigator for the United Nations, Marzuki Darusman, is expected to present a report to the council on Monday urging the creation of an international commission of inquiry to follow up the abuses recorded in the eight years that a United Nations rapporteur has monitored human rights in the North.
"An inquiry mechanism could produce a more complete picture, quantify and qualify the violations in terms of international law, attribute responsibility to particular actors or perpetrators of these violations, and suggest effective courses of international action," Mr. Darusman said in the report.
His recommendation will be taken up in a resolution sponsored by Japan and the European Union that the 47-member council was expected to adopt when it votes later in March. The proposal, backed by the United Nations human rights chief, Navi Pillay, as well as various human rights organizations, is expected to draw on concerns about North Korea's conduct that prompted both the council and the General Assembly to pass resolutions last year condemning Pyongyang.
"We are in effect ramping up international political pressure on this unparalleled, systemwide failure in respect to human rights," Eileen Chamberlain Donahoe, the American ambassador to the Human Rights Council, said by telephone. "We're hoping that even if it doesn't crack the whole system that on some of these issues we might see some opening and some change because of this pressure."
Japan has been a strong supporter of a human rights investigation into North Korea. The alleged kidnappings of Japanese citizens by North Korea remains a popular human rights and political cause in Japan.
The creation of a commission of inquiry would be a victory for defectors from North Korea, including a handful of people said to be survivors of the isolated country's infamous prison camps who have resettled in South Korea and elsewhere. Some of them have become the most vocal campaigners for human rights in North Korea, holding rallies, testifying about starvation and torture in prison gulags and arguing that the international community must break its silence about the people living under one of the world's most systematic repressions of human rights.
That argument has not always been popular in their new home, South Korea. Many South Koreans believe that without an effective means of pressuring North Korea, which has defied and survived decades of international sanctions, an open challenge against its human rights record would only make it more paranoid and repressive.
South Korea used to abstain from any United Nations vote on human rights resolutions on North Korea. But after a conservative party took power five years ago, Seoul began voting for and even leading such moves. It also supports the creation of the commission of inquiry.
Coupled with the new set of United Nations sanctions, the human rights report was expected to increase the pressure on Mr. Kim's government. Reports of a guarded relaxation of state control on the economy in North Korea have been alternating with signs of renewed crackdown on outside influence.
Concern over its nuclear program has sharpened international attention to North Korea, but human rights activists say that it had sidelined attention to systemic abuses and that a commission of inquiry would help to give them greater visibility that was long overdue.
"Increased scrutiny by international inquiry affords a measure of protection, especially when coupled with the prospect of future criminal investigations and the deterrent effect such a prospect may have on individual perpetrators," Mr. Darusman's report states.
In a report that takes stock of the United Nations investigations to date, Mr. Darusman identifies nine "patterns" of human rights violations including denial of access to food, arbitrary detention in prison camps estimated to hold up to 200,000 people, and abductions of foreign nationals. Many, if not all, of these patterns "may amount to crimes against humanity, committed as part of systematic and/or widespread attacks against civilian populations," the report says.
With the information accumulated in the past eight years, investigators had reached a tipping point that called for greater resources to take their research forward, Mr. Darusman said in a telephone interview. Like other investigators, he has worked with a single assistant, limiting the possibilities of sustained investigation. A commission of inquiry is likely to have three members, including Mr. Darusman, supported by researchers and a full-time secretariat.
Even if an inquiry is commissioned, it remains unclear how effective it will be, except in political symbolism. North Korea does not allow outside investigators. And the international community has few means to force Pyongyang to provide access. Despite numerous testimonies by gulag survivors, no outsider has ever had a glimpse of a prison camp in North Korea.
North Korea has not so far reacted to the assessment but rejected the General Assembly resolution in December as a "political plot" that escalated confrontation. The abuses alleged "cannot be allowed to exist in our country where human rights and the fundamental freedom of the people are formally guaranteed by the legal system," said Kim Song, the North Korean ambassador to the United Nations.
Choe Sang-Hun reported from Seoul and Nick Cumming-Bruce from Geneva.
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