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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