United Nations

CRC/C/PRK/Q/5/Add.1

Convention on the Rights of the Child

Distr.: General

28 June 2017

Original: English

English, French and Spanish only

Committee on the Rights of the Child

Seventy-sixth session

11-29 September 2017

Item 4 of the provisional agenda

C onsideration of reports of States parties

List of issues in relation to the fifth periodic report of the Democratic People’s Republic of Korea

Addendum

Replies of the Democratic People’s Republic of Korea to the list of issues *

[Date received: 15 June 2017]

Part I

1.Information on the progress made on developing and implementing a comprehensive policy and strategy to give effect to the Law on the Protection of the Rights of the Child of 2010, on the progress achieved by the National Programme of Action for the Well Being of Children, its current status and the existence of any new policy or programme of action, information on the introduction of resource tracking from a child rights perspective.

1.The Law on the Protection of the Rights of the Child is being implemented within the framework of the National Plan of Action for the Well Being of Children (2011-2020), in which the requirements of the former are reflected. For the implementation of the National Plan of Action, the Education Commission, Ministry of Public Health and others related to the implementation of the Law formulated their respective strategies and took necessary institutional measures.

2.For the promotion of the health of children such strategies as the Mid-Term Strategic Plan for the Development of the Health Sector in the DPRK (2010-2015), Reproductive Health Strategy (2011-2015), Education Strategy for Reproductive Health (2013-2015), Malaria Control Strategic Plan (2014-2017), Tuberculosis Control Strategic Plan (2014-2017), Action Programme for the Health of Newborns (2015-2016), Strategy for the Expansion of Integrated Management of Child Illness (2005-2020), Strategy and Action Plan to Control Child and Maternal Malnutrition (2014-2018) and Five-Year Plan for the Promotion of Public Health (2016-2020) were implemented or are under implementation.

3.For the provision of quality education to children such strategies as Strategy for the Development of Education in the DPRK (2015-2032), Five-Year Plan for the Improvement of Education (2016-2020) and Action Plan for the Improvement of the Quality of Secondary Education (2017-2020) are under implementation.

4.A Decree on the Introduction of 12-Year Compulsory Education System was adopted at the 6th session of the 12th Supreme People’s Assembly on September 25, 2012, by which the timeframe of general education was extended from 11 to 12 years. A mid-term review of the implementation of the Decree was conducted at the 2nd session of the 13th Supreme People’s Assembly on September 26, 2014, with the adoption of the decision on further enhancing the quality of education, reorganizing the general education system to meet the requirements of the developing realities and improving the conditions and environment of education. Implementation of the Decree was again reviewed at the 5th session of the 13th Supreme People’s Assembly on April 11, 2017, at which a decision was adopted clarifying ways and means for completing the general education system and effecting a radical change in the contents and method of teaching.

5.Major sector-specific goals of the National Plan of Action for the Well Being of Children have been attained.

6.Noticeable improvement has been achieved in the nutrition and health of children. Multi-cluster Survey conducted in 2012 showed significant reduction in the mortality rate and improved nutrition of infants and children under 5. (See Para. 47, Table 9 and 10 of the Report.) Polio has been completely eradicated, not a single measles case occurred since 2007 and incidence of malaria (per 100,000) decreased by two thirds or 63.2 in 2010 to 44 in 2014.

7.Education and material support for encouraging breastfeeding was strengthened, with the result that as of 2015, 11 maternity hospitals were awarded the title of Baby-Friendly Hospital, exclusive breastfeeding rate of infants under 6 months stood at 68.9%. Regular vaccination coverage has been above 90% for all kinds of vaccination since 2007.

8.Significant improvement has been achieved in the nutrition and health of children in baby homes, orphanages and boarding schools. (For measures taken for the nutrition and health care of orphans, see paras. 31, 161 and 179 of the Report.)

9.Education-related goals have been attained at a high level and quality of education improved. Attendance rate was ensured at over 98% at different levels of schools. Intake and enrolment rate at primary and secondary schools were ensured at a high level. (See Tables 3-6 of the Report.) For the improved pre-school education teaching programmes for kindergartens were newly formulated in 2013 so that children could be better equipped to receive primary school education. Computer and foreign language have been successfully taught since 2008 at all primary schools.

10.Medical service system has been expanded for children to access quality medical care. Telemedicine network for ob/gyn and pediatric purposes, connecting online respectively the maternity hospital in the capital with the provincial maternity hospitals and ob/gyn sections of municipal and county hospitals, and the children’s hospital in the capital with provincial pediatric hospitals and pediatric sections of municipal and county hospitals have been set up, creating conditions for timely and quality medical service accessible and available to all mothers and children. Progress has also been achieved in the expanded and integrated management of child disease and emergency care of pregnancies and newborns. (For further informations see paras. 144-147 of the Report.)

11.For the improved maternal care the period of maternity leave was extended from 150 to 180 days and other legislative and practical measures were taken for the protection of women at work.

12.Special system for disease surveillance has been established at baby homes and orphanages and drug supply system reinforced. Departments of Environmental Hygiene and Child Hygiene have been newly organized at hygienic and anti-epidemic institutes or stations at all levels.

13.In order to provide children with sufficient amount of nutritious foods the role of Institute for Child Nutrition was further enhanced and production bases of children’s foodstuffs renovated on modern lines.

14.Conditions and environment were created for the provision of quality education for children. (For legislative and institutional measures taken in this regard see paras. 8, 9, 10, 12, 16, 17 and 19. For practical measures and progress see paras. 199, 205 and 224).

15.The year 2017 has been designated as a Year of Science and Education with a view to bringing about a new turn in the country’s education, with a special emphasis placed on equipping secondary schools with facilities and creating environment as required by the IT age. Removing distinctions between the town and countryside in the level of secondary education has been set as an important goal, and to this end a rural school in south Phyongan province was renovated and refurbished to be a model for all other rural schools to imitate.

16.Technical secondary schools, a new type of secondary school, have opened in 2017, where children are given education specific to the economic and geographical features of the particular region, which will enable them to fully develop their creative abilities and be equipped with at least one modern skill before they make a start in life.

17.For budgetary allocations for children, see Table 2 of the Report and No. 14 of the present Replies.

2.Information on actions taken, and any results thereof, to develop a comprehensive system of data collection on the implementation of the Convention covering all children below 17 years.

18.The existing child-related data collection system has been reinforced through the enhanced responsibility and role of the institutions involved. An official in the Central Statistics Bureau was appointed to be responsible, on a full time basis, for the collection of child-related data from statistics departments of provinces, municipalities and counties.

19.The Central Statistics Bureau, in cooperation with the National Committee for the Implementation of the International Human Rights Instruments (NCIIHRI), developed necessary indicators to assess the situation of children and formulated guidelines to be forwarded to the institutions concerned. The indicators thus developed include the total number of children disaggregated by age, sex, disability, residential area and institutions, as well as budgetary allocations, logistics, nutrition, mortality, morbidity, intake and enrolment rate at schools, number of schools, institutions and health care institutions of all types, etc. These data were reported to the department concerned of the Cabinet and the NCIIHRI to be used as basic data for the formulation of the State policy on child protection and strategies and action plans for the implementation thereof.

20.For child population, see Annex Table 1 of the Report, for children with disabilities and at institutions, see No. 17 (b) and No. 18 of the present Replies and for children in street situations and in labour programmes, see No. 9 and 11 of the present Replies.

3.Information on any measures taken with regard to establishing an independent child-friendly monitoring mechanism, such as an ombudsperson for children. Information on how existing procedures to receive complaints from children are independent, confidential, accessible and child-friendly.

21.With the rights of children to complaints and petitions specifically set out in the Law on the Protection of the Rights of the Child of 2010 and revision of the Law on Complaints and Petitions in 2011 and its implementing regulations in 2016, special attention was directed to complaints and petitions lodged by or related to children (For complaints machinery, see para. 58 of the Report).

22.Complaints departments of the Presidium of the Supreme People’s Assembly, people’s committees, law enforcement institutions and others concerned appointed one of their staff to be responsible for the handling of child-related complaints and petitions. They were required to classify child-related complaints and petitions as Urgent Cases and consider them on a priority basis. A new system was established, under which schools were required to consider child-related complaints and petitions at the consultative meeting of leading officials and submit to the education guidance institution concerned quarterly reports on the results of settlement and the number of cases settled.

23.Issues of ensuring confidentiality in the handling of complaints and petitions are covered by articles 6, 19 and 37 of the Law on Complaints and Petitions and article 39 of the Implementing Regulations. Complaints officers are required not to disclose secrets that came to their knowledge in the course of inquiries. They are also required not to disclose to outsiders the names of complainants and the contents of complaints. They must hold in strict confidence personal secrets of the complainants and the person against whom the complaint was lodged. In case a complainant requests that investigation be conducted without interviewing him/her, such requests are granted. Where the complainant so wishes, his/her name, occupation and place of residence are exempt from registration.

24.In accordance with article 14 of the Law on Complaints and Petitions and article 21 of the Implementing Regulations complaints boxes are installed in the reception or other convenient places, and separate rooms are reserved for interviewing complainants at all institutions, enterprises and organizations. Complaints officers make it a rule to open the box every day for the registration on the very day of letters of complaints found therein.

4.Information on measures taken to guarantee to all children the right to non-discrimination in all aspects, independent of their family situation and social background, and including children of non-Korean parents living in the DPRK.

25.The principle of equality and non-discrimination in the enjoyment by children of their rights to education, health care, rest and leisure, etc. are fully ensured by the law and policy and the socialist system.

26.A series of measures were taken to guarantee to all children the rights set forth in the Law on the Protection of the Rights of the Child and the Convention. (see paras. 8-18 and 31 for legislative and institutional measures taken in this regard), while directing special attention to the rights of children in vulnerable groups such as orphans, children in remote areas and children with disabilities.

27.The State investment and public concern increased for improving the conditions and environment of nursing, upbringing and educating at baby homes, orphanages and boarding schools. During June, 2014-May, 2017 all the baby homes, orphanages and boarding schools, 41 in all, were newly built. Boarding schools in particular, with excellent conditions for learning and living, are the models for all other general education institutions in the country both from the pedagogical and hygienic point of view. Orphans here are growing happily under the State and public care to be students of universities or colleges, or to make a start in life in the areas of their choice. The State overhauled the materials supply system to these institutions and ensured that sufficient amount of nutritious foods, clothes, school materials etc. were provided in accordance with the plan.

28.The State ensured that local people’s committees make meticulous arrangements for the improved learning and living conditions of children in remote areas, while taking various measures for the good of children of ordinary people. For instance, children of ordinary people were given priority in the selection of participants in the annual national celebrations in honour of June 6, the founding anniversary of the Children’s Union. When the northern part of the country was hit by unprecedented heavy floods in September 2016, the State ensured that nurseries, kindergartens, schools and hospitals were built on a priority basis and 1,600 children in the disaster-hit area were sent to the Songdowon International Children’s Camp, the best of its kind in the country, to enjoy camping life.

29.Awareness-raising campaigns were conducted with the aim of promoting respect for the dignity of children with disabilities and protecting their rights and interests and encouraging others to render them appropriate support. The media widely disseminated the policy and law of the State on the protection of persons with disabilities, and other information on the promotion of their rights. Media coverage of a teacher who carried a girl with disability on her back to school every day, students who provided moral and material support to their classmate with disability, doctors who devoted themselves to the rehabilitation of children with disabilities and others with laudable deeds contributed to establishing a climate of rendering positive assistance and support to person with disabilities. Provincial people’s committees and school supporter organizations were encouraged to provide special schools with school materials, food, and clothes on a priority basis. The State Planning Commission, the ministries of agriculture, fisheries and commerce, and provincial people’s committees were required to provide them with nutritious and other foodstuff and daily necessities regularly in accordance with plan.

30.Children of non-Korean parents living in the DPRK are enjoying, in accordance with the Regulations on the Legal Status of Foreigners Residing in the DPRK, the benefits of the State such as free education and medical care on the basis of equality with others. They may choose to go to schools for Korean children or schools for non-Korean children in the capital and local towns. Graduates of these schools proceed to tertiary learning institutions or take jobs according to their wishes and capabilities.

5.Information on the adoption of legislation and other measures prohibiting children from being subjected to torture, establishing appropriate sanctions against perpetrators, and ensuring the physical and psychological recovery of child victims. Information on measures taken to prohibit corporal punishment in all settings.

31.It is the basic requirement of the Criminal Procedures Law to guarantee human rights in dealing with and disposing of criminal cases. Law enforcement and judicial institutions are required by law to respect child’s dignity while handling juvenile cases and are prohibited from committing acts of forcing the child to admit his offences or leading the statement.

32.In accordance with articles 34 and 171 of the Criminal Procedures Law the process of investigations and preliminary examinations is tape-recorded or video-taped, interrogation of the examinee is conducted with the attendance of a clerk and if need be, two observers, thus preventing investigators and preliminary examiners from committing abuse of power or violations of human rights. In accordance with article 242 of the Criminal Law a law officer who illegally interrogates an individual or fabricates or exaggerates a case is subjected to punishment.

33.Corporal punishment of children at child-related institutions and families are strictly forbidden by articles 26, 42 and 43 of the Law on the Protection of the Rights of the Child. Educational workers, parents and others working for and with children who once thought it was within their rights to apply corporal punishment for the good of children acquired new concept of respect for the child’s dignity and adopted new methods of education. Workshop guidelines formulated by the Education Commission on the basis of the Law on the Protection of the Rights of the Child, the Convention and the relevant General Comment of the CRC were forwarded to the educational departments of people’s committees. Issues concerning corporal punishment such as concept thereof, legal obligations related thereto and alternative methods of education were one of the focus of the workshop for teachers and educational workers annually organized during schoolchildren’s vacation. Such practices as disregarding child’s dignity, striking, insulting, using abusive language or belittling were brought before the regular school staff meetings or general meeting of teachers in the particular area to be strongly criticized. Parents were informed of their obligations with regard to respect for children’s views and not to ignore or disregard them, or commit such acts as abuse, neglect, using insulting language or striking them. They were also informed of the effects of corporal punishment on child’s character building and encouraged to share with others parenting experiences and skills. Professionals working for and with children at institutions were encouraged to educate children through influence of good examples and women’s union published books for women to refer to in child upbringing.

6.Information on child care services available to children of unemployed mothers. Information on measures taken to protect children’s right to family life, promote foster care, decrease the number of children placed in institutions and to guarantee periodic reviews of placement.

34.It is stipulated in article 49 of the Socialist Constitution that the State shall maintain all children of preschool age in nurseries and kindergartens at State and public expense, in articles 72 and 73 that citizens shall be entitled to free medical care and education. It is provided in articles 16 and 17 of the Law on the Nursing and Upbringing of Children that the State institutions and social cooperative organizations shall provide nurseries and kindergartens with milk, meat, fruit, vegetables, sweets and other foodstuff, the expenses for the food supplied to nursery children and kindergarteners shall be borne by the State and the social cooperative organizations, the State shall ensure that high-quality clothes, shoes, and other goods are produced for children, and their prices are set just as high as to compensate the production costs or even lower, meeting the balance by itself.

35.In accordance with these laws, all the children in the DPRK enjoy, whether their mothers go to work or not, all sorts of benefits from the State such as free medical care and free education. More and more people volunteered to assume the care of orphans in the neighbourhood or institutions. In particular, a girl in her twenties and a factory manager taking care of several orphans with motherly love were widely covered by the media, touching the public to the heart and encouraging them to support them and follow their examples. The State ensured that such families were supplied with provisions on a priority basis and children with school uniforms and materials free of charge. As a result of these measures, increasing number of children are taken from the institutions to families to enjoy parental care and family comforts.

36.For measures taken for periodic review of placement, see paras. 121-123 of the Report.

7.Information on the measures taken to address the Committee’s previous recommendations on abuse and neglect. Information on the applicable legislation criminalizing the sexual abuse of boys.

37.Measures were taken for the purpose of preventing child abuse through the amending in 2013 of the article 19 of the Criminal Law. While it was formerly stipulated that in case where the victim or the victim’s side requests forgiveness for the offender who committed offence against the former’s family or relatives, no criminal proceedings shall be taken against the latter unless the offence committed is intentional murder committed brutally, murder committed in a fit of violent anger, unreasonable self-defensive murder, unpremeditated murder, intentional serious injury, robbery and rape, the amended version contained two other offences, that is, “neglecting of responsibility to protect a child” and “abuse of child”.

38.This new measure will contribute to preventing occurrence of such practices, as well as providing legal basis for serious punishment in case such offences are committed. It is also provided in articles 38-43 of the Law on the Protection of the Rights of the Child that protection of child’s rights in the family are legal obligations of parents.

39.Prosecutors exercise strict supervision over the processes of investigation and preliminary examinations to ensure that no violations of law are committed in the process of investigating or examining children in conflict with the law. For instance prosecutors make regular visits to detention rooms to make sure that they are maintained and operated in accordance with the law and regulations concerned. Where any complaints are lodged by a child in detention concerning conditions of living or other violations of his rights, the prosecutor concerned interviews him in the presence of a clerk and ensures that the complaint is settled within 3 days.

40.Efforts were made to increase obedience by citizens to law through mass media and education system of law observance. For instance, judicial workers conducted dissemination of law in the areas under their control and formulated law education materials to be used by child-related institutions. In particular, education materials formulated by the Central Court targeting school teachers concerning their role in preventing juvenile crime through conduct of various forms of age- and psychology- appropriate education had a good effect. Emphasis was also placed on education in law observance by professionals at child-related institutions, law enforcement officials and parents in particular with a view to increasing their sense of responsibility for the protection of the rights of the child.

41.Very few cases of sexual delinquencies committed by boys are punished in accordance with article 279 (Rape), article 281 (Having Sexual Intercourse with a Minor) and article 246 (Wanton Delinquencies) of the Criminal Law.

8.Information on whether the 20-hour class allotted for field practice are weekly, monthly or per school year and the measures taken to ensure that school staff or State officials do not require students to carry out additional lab our activities. Information on how human rights education and the rights of the child have been integrated into the school curricula at the primary and secondary levels.

42.Three weeks per every school year of the senior secondary schools are allotted for field practice with the aim of helping students put theory into practice and thus acquire extensive knowledge of nature and society. Students plant trees, cultivate crops and help farmers with their work. Learning first-hand how the theory works in practice and what it means to love their country.

43.It is prohibited by law to require students to do labour beyond the curricula. A directive was issued by the Cabinet in April, 2016 to the effect that people’s committees at provincial, municipal and county levels and law enforcement institutions should exercise strict supervision and regulation of the implementation by schools of educational programmes and provision of educational conditions. The State, in order to ensure strict implementation of teaching programmes, adopted on 24 June 2016 the Law on the Implementation of Teaching Programmes.

44.For measures taken for human rights education see paras. 211 and 212.

9.Information on the implementation of the Committee’s previous recommendations regarding child labour. Information on the measures taken to respect the right to rest and leisure of all children.

45.Child labour is prohibited by the law in the DPRK.

46.It is provided in article 15 of the Socialist Labour Law that “The State shall prohibit the labour of those under working age.”, in article 3 of the Labour Regulations for Foreign-Invested Businesses in the Rason Economic and Trade Zone that “No one shall employ minors under working age.” and in article 191 of the Criminal Law that “A person who gets a minor to work shall be committed to disciplining through labour of not more than one year.”

47.The Law on the Implementation of Teaching Programmes adopted in 2016 provides that implementing teaching programmes is the legal obligation of educational institutions (article 4), educational institutions shall not organize productive labour other than those specified in the teaching programme nor mobilize teachers and students to perform work that are not reflected in the teaching programme (article 33) and those who failed to make proper arrangements for the implementing of teaching programmes shall be subjected to administrative or criminal punishment. This Law provided legal guarantee for establishing rigid discipline for the implementing of teaching programmes and carrying out educational work in strict accordance with the teaching programmes.

48.Labour brigades are the voluntary organizations of young people who wish to achieve feats of labour through participation in construction projects that are of significance in the country’s economic development and improving of people’s living. Membership thereof is open only to those who have graduated secondary schools. As the Law on the Protection of the Rights of the Child defined a child as a person up to the age of sixteen and all the children under this age must finish compulsory schooling before they can start a new course of life in the areas of their choice, members of the labour brigades, that is, graduates from schools, do not belong to the category of children.

49.A series of practical measures were taken for the respect of the rights of children to rest and leisure activities. For instance, Children’s Dream Hall was set up in the Sci-Tech Complex, which was inaugurated in January, 2016 as a multifunctional base for social education and a hub of disseminating the latest science and technology, creating environment for children in the IT age to develop their intellectual faculties to the greatest extent possible and to be trained into talents with creative capabilities. The Central Zoo was splendidly renovated as a base for children’s cultural and leisure activities and the Nature Museum was built to help children have extensive knowledge of nature. For further information in this regard see paras. 217-226 of the Report.

10.Information on the implementation of the Committee’s previous recommendations regarding children in street situations. Information on the measures taken to raise awareness and prevent human trafficking and provide protection and support to child victims of trafficking.

50.Some children illegally crossed the border, accompanied or unaccompanied, at the instigation of some hostile elements or as a victim of plots masterminded by hostile forces. In this case adult returnees who accompanied the children were subjected to due punishments after considering the motive and purpose of the illegal acts but no punishment was applied to children. People’s security officers conducted education of the child returnees in a way best suited to their age and psychological peculiarities, increased their awareness of requirements of the laws such as the Immigration Law and the Criminal Law. The schools concerned, in cooperation with their parents, paid special attention to ensure that the child returnees settle down to their school life. For instance, the nine children who were brought back home while being abducted as a result of the maneuverings of the south Korean authorities finished Kumsong Secondary School No.1 and Hyesan Secondary School No. 1 and are now learning at the Pyongyang University of Architecture and Hamhung University of Education.

11.Information on the implementation of the Committee’s previous recommendations regarding children in street situations and on measures taken to raise awareness and prevent human trafficking and provide protection and support to child victims of trafficking.

51.The issue of street children developed in the 1990s, when the country was undergoing unprecedented hardships and economic difficulties due to the moves of the hostile forces to isolate and stifle the DPRK, successive natural disasters and dissolution of the socialist market. However, as a result of the positive measures taken by the State to bring the economy back on its normal track, people’s living was stabilized. Since 2009, when the DPRK had its 3rd-4th periodic report reviewed, the number of street children has dwindled, and now it is almost hard to find them.

52.Very few children who are found wandering streets on account of death of both parents, disharmony with stepparents and loss of home in disaster-stricken areas are taken to the relief agencies operated by the people’s committees concerned and then returned to those capable of looking after them or to the institutions. As was stated in paras. 31 and 32 of the Report, special measures were taken by the State for the upbringing and education of children without parental care, with the result that all such children are leading a happy life at baby homes, orphanages and boarding schools.

53.Human trafficking is inconceivable in the DPRK. However, abducting and trafficking of children in the northern part of the country were persistently committed by the South Korean authorities in their desperate moves to tarnish the image of the DPRK. A case in point is the attempted abduction in May 2015 of two children, one six-year- old and the other nine-year-old, appalling the whole world as a flagrant violation of human rights and crime against humanity. For legislative measures taken in this regard, see para.115 of the Report.

54.The DPRK, having analyzed the cause of the abduction cases and the actual realities, took a series of measures for strengthening international cooperation in combating crimes. It concluded with China the Treaty on Legal Assistance in Civil and Criminal Matters on 19 November, 2003, with Russia Treaty on Mutual Legal Assistance in Criminal Matters and Treaty on Extradition of Criminals on 17 November, 2015 and with several other countries treaties on mutual legal assistance. It acceded to the UN Convention on Transnational Organized Crime on 16 June, 2016. On the basis of these treaties the Ministry of People’s Security and other competent institutions concluded agreements on mutual assistance with law enforcement organs in the neighbouring countries, thereby creating conditions to combat abduction and other crimes at the international level.

12.Explanation on public education measures applicable to children between 14 and 17 in conflict with the law. Information on measures taken to create an independent child-sensitive and accessible system to process complaints by children against law enforcement personnel.

55.Social education is a correctional measure that is based on the fundamental principles in combating crimes provided in the Criminal Law and the Criminal Procedures Law, which read: “In dealing with criminals the State shall apply legal sanctions with main stress on social education.” and “The State shall, in the fight against ordinary crimes, lay the main stress on social education, combining it properly with legal sanctions.”

56.This measure is a reflection of the criminal policy of the State that stresses correction rather than punishment and takes into full consideration the future of children in conflict with the law. In other words, social education is a correctional measure, by which an offender, having committed an offence deserving criminal punishment, is not subjected to punishment because he/she is a minor or in the case of an adult, he/she sincerely repents of the crime he/she has committed or the offence is of low punishable degree. The offender is then released, with a certain period of time set for his/her correction. If he/she does not commit any more crime in the given period of time, no criminal proceedings are instituted against him/her.

57.Social education measure applies in strict accordance with the procedures specified in articles 115 through 122 of the Criminal Procedures Law. A prosecutor may make a decision on correction of the examinee through social education subject to the approval of a higher prosecutor’s office. The court of first instance may pass a ruling on reformation of the accused through social education, while the court of second instance and extraordinary appeal may pass an award in that regard. For further information on social education, see paras. 232 and 234 of the Report.

Part II

13.Brief update on the information presented in the Report with regard to:

(a)New bills or laws, and their respective regulations;

58.The Teachers Law was adopted by Decree No.708 of the Presidium of the Supreme People’s Assembly on 8 October, 2015, the Law on the Implementation of Teaching Programmes on 24 June, 2016 and a bill is being prepared to regulate matters concerning vocational education.

59.Implementing Regulations of the Law on the Protection of the Rights of the Child, the Law on General Education and the Law on Implementation of Teaching Programmes were adopted respectively in September 2011, December 2011, and September 2016.

60.Regulations on Primary, Junior and Senior Secondary Schools, Schools for the Blind, Deaf and Dumb, and Orphanages were revised respectively in February, March and May 2016.

61.Cabinet Directive was issued in June 2016 for the establishment and operation of secondary schools of technology.

(b)New institutions (and their mandates) or institutional reforms;

62.Department for Institutions was created in the Ministry of Public Health, whose mandate is to provide guidance and regulation of the health work at the baby homes, orphanages and boarding schools.

63.Nursing Section was created in the Institute of Public Health Administration with a mandate to conduct research for the improved nursing at baby homes and nurseries and provide academic assistance to the Department for Institutions in its work.

64.Department for Institutions was created in the Ministry of General Education, with a mandate to provide specialized guidance to the education of orphans.

65.Management Bureau of Educational Apparatus and Materials in the Education Commission was upgraded to be a special class unit. Its mandate is to ensure timely production and provision of textbooks, school materials and teaching aids, thus contributing to the enhancing of quality of education.

66.The Academy of Education was upgraded to be a special class unit merging the Institute of Higher Education, and the Institutes of Teacher Training and Experimental Apparatus that were formerly affiliated to different units, whose mandate is to conduct in a unified way research of theoretical and practical problems arising in the educational work.

(c)Recently introduced policies, programmes and action plans and their scope and financing;

67.Five-Year Plan for the Promotion of Public Health (2016-2020) is under implementation, with the aim of bringing major health indices such as average life expectancy, infant mortality rate and rate of assisted delivery into line with those of the world’s most advanced countries.

68.Strategy for the Expansion of Integrated Management of Child Disease (2005-2020) is under implementation, with the result that during the reporting period establishment of integrated management system of child disease has been completed in 11 provinces and municipalities and 118 counties.

69.Five-Year Plan for the Improvement of Education (2016-2020) and Action Plan for the Improvement of the Quality of Secondary Education (2017-2020) are under implementation.

70.A separate Homepage of Boarding Schools was opened in the national network, creating conditions for them to share experiences gained in education of orphans and operation of schools.

71.Intranet of Baby Homes was launched centring on the Department for Institutions under the Ministry of Public Health and the Nursing Section of the Institute of Public Health Administration for the purpose of helping share experiences gained in the nursing of children at baby homes.

(d)Recent ratifications of human rights instruments.

72.The DPRK ratified the Convention on the Rights of Persons with Disabilities on 23 November, 2016.

Part III

14.Information for the past three years on the budget lines regarding children.

73.In 2014, 2015 and 2016 budgetary allocations for public health are respectively 6.4%, 6.4% and 6.4% and for education 8.4%, 8.5% and 8.6%.

15.Statistical data for the past three years on the rates of malnutrition.

74.For rate of malnutrition see Annex Table 9: Results of Nutritional and Health Survey.

75.According to Multi-Cluster Survey conducted in 2014 underweight at birth stood at 4.74%.

16.Statistical data for the past three years on the number of:

(a)Child victims of torture and ill-treatment while in detention, investigations and prosecutions carried out and sentences delivered and children who received legal aid and physical and psychological recovery and social re-integration services;

76.As children in conflict with the law are subjected to social education, there are no children in reform institutions.

77.There were no reports of children subjected to torture or ill-treatment. Hence no investigations and prosecutions carried out and no sentences delivered.

78.As social education is a community-based correctional measure, children in conflict with the law are not separated from society. Hence, no need for social re-integration services.

(b)Child victims of neglect and abuse, especially in institutions and alternative care settings;

79.Six children in the institutions were subjected to neglect and abuse.

(c)Parents, guardians or staff of care institutions accused, indicted and convicted of child abuse;

80.Six persons in the institutions were subjected to criminal punishment for abusing children.

(d)Child victims of trafficking and the social and psychological services available to them;

81.See No. 11 of the present Replies.

(e)Children of non-Korean ethnic origin;

82.There are 200 students at schools for Chinese children.

(f)Children in street situations;

83.See No. 11 of the present Replies.

(g)Child victims of trafficking and abduction;

84.See No. 10 of the present Replies.

(h)Children involved in substance abuse;

85.None.

(i)Children repatriated from neighboring countries;

86.Forty-eight children were repatriated.

(j)Children in political prison camps;

87.There is no such thing as political prison camp.

17.Data regarding the children deprived of a family environment.

(a)Children separated from their parents;

88.There is no child separated from both parents as:

(a)When, in very rare cases, both parents have to serve sentences for committing serious offences, the mother of a child is, in the best interest of the child, granted a suspension of sentence or social education measure; and

(b)When a couple gets a divorce, the child is placed under custody of one of the parties, in most cases woman.

89.Children deprived of family environment due to parental deaths or in the aftermath of disasters are taken into care by institutions. (See No. 11 and b) below for further information.)

(b)Children placed in institutions;

90.There are 2,998 children at baby homes, 1,902 at orphanages, 1,837 at junior secondary boarding schools and 10,043 at senior secondary boarding schools.

(c)Children adopted domestically;

91.There are 736 children adopted.

18.Data on the number of children with disabilities:

Total number of children with disabilities: 34,171

Number of children going to school: 33,013

Number of students at boarding schools: 1,144

Number of children not going to school: 1,158

Number by type of disability of children with:

visual impairments: 6,383

hearing impairments: 7,518

speech impairments: 2,272

physical impairments: 9,563

intellectual impairments: 6,042

mental impairments: 2,393

19.Information on the number of child complaints received by authorities, including the number that led to investigations and prosecutions and the number and type of convictions applied to perpetrators.

92.There were a total of 91 cases of complaints brought before the Education Commission, Ministry of Public Health and the Court. In case the subjects of complaints were not of very serious nature, the persons against whom the complaints were lodged were subjected to criticism at the meetings of the school staff or the educational workers in the area concerned. In serious cases such administrative punishments as suspension of license, deprivation of license, demotion or dismissal were applied.

93.One criminal case is pending before the Central Court.

20.Data on the number of children in conflict with the law, including children between 14 and 17 who were subjected to “social education measures”.

94.There were 13 children subjected to social education.

95.(For further information in this regard, see No. 12 of the present Replies and para. 234 of the Report.)

21.Update of any data in the Report that may have been outdated by more recent data.

96.See No. 1, 4, 7, 9, 11, 13 and 18 of the present Replies.

22.Areas affecting children that are considered to be of priority with regard to the implementation of the Convention.

97.One of the priorities is to satisfy the demand for medicines for the treatment of child disease. Given that management system of child disease has been established at pediatric hospitals at different levels, production and supply of medicines on a sustainable basis poses as an important issue. The other is to create sufficient material and technical conditions for the improvement of the quality of education. With the introduction of a new teaching programme under the 12-year education system, sufficient amount of computers, overhead projectors and other educational apparatus need to be supplied to be used by teachers in enhancing their qualifications and students in classes.