GERMAN MFA SHARES ITS OWN QUESTIONS,

UNCLAS BERLIN 001526 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PHUM AORC SOCI UNGA GM SUBJECT: GERMAN MFA SHARES ITS OWN QUESTIONS, RECOMMENDATIONS ON DPRK UNIVERSAL PERIODIC REVIEW REF: STATE 123209 ¶1. (SBU) Poloff shared reftel points as well as questions and recommendations with MFA Human Rights Division deputy Martin Huth December 2. Huth said that the MFA is "in full agreement with the points made" and also provided questions that the MFA sent to its Geneva Mission, see para 2. Huth said whether their mission can put forth its questions/recommendations on December 7 is subject to the availability of speaking time since Germany currently only holds observer status in the UNHRC. ¶2. (SBU) Begin, German MFA Questions/Recommendations: Question: There exists deep concern that children's right to life, survival and development continue to be violated. CRC was particularly concerned about stunting, wasting and deaths of children resulting from severe malnutrition (para. 22 of the OHCHR compilation A/HRC/WG.6/6/PRK/2, refers to CRC/C/PRK/CO/4, paras. 23-24). The Federal Republic of Germany would be interested in how the Democratic Republic of Korea has responded in order to address these issues. Alternate question: There have been worrying reports suggesting violations of the right to family life. The Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea urged that measures should be adopted to facilitate family reunification (para. 34 of the OHCHR compilation A/HRC/WG.6/6/PRK/2, referring to A/HRC/7/20, para. 42). He also noted that there remain various consequences of the Korean War of 1950-1953, which have an impact on human rights, for instance the issue of missing persons and the reunification of families separated by the war (para. 34 of the OHCHR compilation A/HRC/WG.6/6/PRK/2, referring to A/HRC/4/15, para. 59). How has the Democratic People's Republic of Korea followed up on these recommendations, particularly with regard to the issue of reunification of families separated by the war? Alternate question: Concerns have been expressed about the freedoms of religion, opinion and expression. The Special Rapporteur noted that, while some religious ceremonies seem to be allowed, there are indications that practicing religion gives rise to persecution (para. 37 of the OHCHR compilation A/HRC/WG.6/6/PRK/2, referencing A/63/322, para. 4). CCPR was concerned that the practice regarding the exercise of religious freedom does not meet the requirements of article 18 of the Covenant (para. 37 of the OHCHR compilation A/HRC/WG.6/6/PRK/2, referencing A/56/2001, para 86 (22)). Germany would like to know how the Democratic People's Republic of Korea is addressing the above concerns. Recommendation: The Federal Republic of Germany recommends to the Government of the Democratic People's Republic of Korea --in line with a previous recommendation made by the CRC to make every effort to reinforce protection of the right to life and development of children. --to adopt measures to facilitate family reunification as commended by the Special Rapporteur Germany further recommends to the Democratic People's Republic of Korea to improve its cooperation with UN Human Rights Mechanisms, in particular the Special Rapporteur and other special procedures, and allow access. MURPHY