Abstract

The severe food crisis of the 1990s forced thousands of North Koreans to leave their country in search of food. Most of them crossed the border into China, to which the Government of the People's Republic of China (the PRC) responded by forcibly repatriating defectors to North Korea, thus placing many of them at risk of being subjected to inhumane and degrading treatment and, at times, even death. This article provides an overview of the situation of North Korean asylum seekers and analyses the legal protection available to North Korean defectors under international law. The article focuses specifically on the situation of North Koreans in mainland China and China's obligations under international human rights and refugee law. The aim of the article is to contribute to the elaboration of durable solutions for the plight of North Korean asylum seekers and to develop a range of recommendations for law reform and policy change.

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