SUB-REGIONAL OVERVIEW: EAST ASIA
SUB-REGIONAL OVERVIEW: EAST ASIA
citizenship by petition’, there are no provisions
that provide more detail on such a process of
naturalization.1117
registering the births of their child out of fear of
being forcibly returned to North Korea, choosing
instead for their child to remain stateless.1122 The
Committee also expressed concerns regarding the
trafficking of women which increases the risk that
they will be “subjected to forced marriage, that
their children will be stateless and that they will
be exploited in forced labour and prostitution”.1123
North Korea did not provide a follow-up report to
these concluding observations.1124
Dual citizenship
The citizenship legislation of North Korea does
not recognise dual citizenship.1118
Treaty ratification status
North Korea has ratified the ICCPR, ICESCR,
CRC, and CEDAW with no relevant reservations.
However, in 1997, North Korea attempted to
withdraw from the ICCPR, which was rejected
by the Secretary-General due to the Covenant’s
lack of withdrawal provision.1119 The country has
yet to ratify the 1954 Convention relating to the
Status of Stateless Persons, the 1961 Convention
on the Reduction of Statelessness, the 1951
Refugee Convention (and its 1967 Protocol), and
the ICERD.
Population
North Korea has yet to report a figure for its
stateless population to UNHCR.1125 There is
minimal to no research available in English
on stateless populations within North Korea.
Approximately five thousand ethnic Chinese
or ‘Hwagyos’ reside in North Korea as the only
recognised foreigners allowed to stay in the
country for indefinite periods. This population
retains Chinese nationality and holds a special
permanent residence status in North Korea,
possessing employment rights and greater
freedom of movement than North Korean
citizens.1126
In its 2017 concluding observations, the CRC
Committee recommended that North Korea
ensure that children born to North Korean
mothers outside of North Korea have access to
birth registration and nationality without being
forcibly returned back to North Korea.1120 The
Committee also expressed serious concerns
regarding the lack of official data on stateless
children in North Korea.1121
As noted in the East Asia sub-regional report as
well as country reports for China and South Korea ,
North Korean defectors, trafficked persons and their
children are at risk of statelessness.
Causes of Statelessness
Lack of legal safeguards against
childhood statelessness
North Korea provides access to citizenship
for foundling children1129 and children born to
stateless parents, as long as both parents reside in
the country.1130
Administrative barriers
According to Article 7 of the Citizen Registration
Law of the Democratic People’s Republic of Korea,
documents confirming citizenship of North
Korea are the birth certificate, citizen cards,
and Pyongyang city resident certificates.1131
A birth certificate is administered upon birth
registration.1132 For North Korean women living
outside the territory, administrative barriers make
it extremely difficult to register the birth of their
children.1133 When a North Korean woman has
a child in China with a Chinese citizen, often the
child’s birth registration is refused until the mother
is deported back to North Korea.1134 There are no
birth registration rates available for the country.
Persons at risk of statelessness
As noted in the East Asia sub-regional report
as well as country reports for China1127 and
South Korea1128, North Korean defectors,
trafficked persons and their children are at risk of
statelessness.
The CEDAW Committee in its 2017 concluding
observation mentioned concerns over reports
that North Korean women in China avoid
TABLE 26
Status of Accession of International Human Rights Treaties in East Asia
Country
Stateless 1
Stateless 2
Refugee
ICCPR
ICESCR
ICERD
CRC
CEDAW
Democratic People’s
Republic of Korea
⛔
⛔
⛔
✅
✅
⛔
✅
✅
✅
⛔
100
Signifies that the country is a party to the convention
Signifies that the country is not a party to the convention
Stateless 1 - 1954 Convention relating to the Status of Stateless Persons
Stateless 2 - 1961 Convention on the Reduction of Statelessness
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
101
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