Oh Jung Hee is a former trader in her forties from Ryanggang province. She sold clothes to market stalls in Hyesan city and was involved in the distribution of textiles in her province. She said that up until she left the country in 2014, guards would regularly pass by the market to demand bribes, sometimes in the form of coerced sexual acts or intercourse. She told Human Rights Watch:
I was a victim many times … On the days they felt like it, market guards or police officials could ask me to follow them to an empty room outside the market, or some other place they’d pick. What can we do? They consider us [sex] toys … We [women] are at the mercy of men. Now, women cannot survive without having men with power near them.
She said she had no power to resist or report these abuses. She said it never occurred to her that anything could be done to stop these assaults except trying to avoid such situations by moving away or being quiet in order to not be noticed.
Park Young Hee, a former farmer in her forties also from Ryanggang province who left North Korea for the second time in 2011, was forced back to North Korea from China in the spring of 2010 after her first attempt to flee. She said, after being released by the secret police (bowiseong) and put under the jurisdiction of the police, the officer in charge of questioning her in the police pre-trial detention facility (kuryujang) near Musan city in North Hamgyong province touched her body underneath her clothes and penetrated her several times with his fingers. She said he asked her repeatedly about the sexual relations she had with the Chinese man to whom she had been sold to while in China. She told Human Rights Watch:
My life was in his hands, so I did everything he wanted and told him everything he asked. How could I do anything else? … Everything we do in North Korea can be considered illegal, so everything can depend on the perception or attitude of who is looking into your life.
Park Young Hee said she never told anybody about the abuse because she did not think it was unusual, and because she feared the authorities and did not believe anyone would help.
The experiences of Oh Jung Hee and Park Young Hee are not isolated ones. While sexual and gender-based violence is of concern everywhere, growing evidence suggests it is endemic in North Korea.
This report–based largely on interviews with 54 North Koreans who left the country after 2011, when the current leader, Kim Jong Un, rose to power, and 8 former North Korean officials who fled the country–focuses on sexual abuse by men in official positions of power. The perpetrators include high-ranking party officials, prison and detention facility guards and interrogators, police and secret police officials, prosecutors, and soldiers. At the time of the assaults, most of the victims were in the custody of authorities or were market traders who came across guards and other officials as they traveled to earn their livelihood.
Interviewees told us that when a guard or police officer “picks” a woman, she has no choice but to comply with any demands he makes, whether for sex, money, or other favors. Women in custody have little choice should they attempt to refuse or complain afterward, and risk sexual violence, longer periods in detention, beatings, forced labor, or increased scrutiny while conducting market activities.
Women not in custody risk losing their main source of income and jeopardizing their family’s survival, confiscation of goods and money, and increased scrutiny or punishment, including being sent to labor training facilities (rodong danryeondae) or ordinary-crimes prison camps (kyohwaso, literally reform through labor centers) for being involved in market activities. Other negative impacts include possibly losing access to prime trading locations, being fired or overlooked for jobs, being deprived of means of transportation or business opportunities, being deemed politically disloyal, being relocated to a remote area, and facing more physical or sexual violence.
The North Koreans we spoke with told us that unwanted sexual contact and violence is so common that it has come to be accepted as part of ordinary life: sexual abuse by officials, and the impunity they enjoy, is linked to larger patterns of sexual abuse and impunity in the country. The precise number of women and girls who experience sexual violence in North Korea, however, is unknown. Survivors rarely report cases, and the North Korean government rarely publishes data on any aspect of life in the country.
Our research, of necessity conducted among North Koreans who fled, does not provide a generalized sample from which to draw definitive conclusions about the prevalence of sexual abuse by officials. The diversity in age, geographic location, social class, and personal backgrounds of the survivors, combined with many consistencies in how they described their experiences, however, suggest that the patterns of sexual violence identified here are common across North Korea. Our findings also mirror those of other inquiries that have tried to discern the situation in this sealed-off authoritarian country.
A 2014 United Nations Commission of Inquiry (UN COI) on human rights in the Democratic People’s Republic of Korea (DPRK) concluded that systematic, widespread, and gross human rights violations committed by the North Korean government constituted crimes against humanity. These included forced abortion, rape, and other sexual violence, as well as murder, imprisonment, enslavement, and torture on North Koreans in prison or detention. The UN COI stated that witnesses revealed that while “domestic violence is rife within DPRK society … violence against women is not limited to the home, and that it is common to see women being beaten and sexually assaulted in public.”
The Korea Institute for National Unification (KINU), a South Korean government think tank that specializes in research on North Korea, conducted a survey with 1,125 North Koreans (31.29 percent men and 68.71 percent women) who re-settled in South Korea between 2010 and 2014. The survey found that 37.7 percent of the respondents said sexual harassment and rape of inmates at detention facilities was “common,” including 15.9 percent that considered it “very common.” Thirty-three women said they were raped at detention and prison facilities, 51 said they witnessed rapes in such facilities, and 25 said they heard of such cases. The assailants identified by the respondents were police agents–45.6 percent; guards–17.7 percent; secret police (bowiseong) agents –13.9 percent; and fellow detainees–1.3 percent. The 2014 KINU survey found 48.6 percent of the respondents said that rape and sexual harassment against women in North Korea was “common.”
The North Koreans we spoke with stressed that women are socialized to feel powerless to demand accountability for sexual abuse and violence, and to feel ashamed when they are victims of abuse. They said the lack of rule of law and corresponding support systems for survivors leads most victims to remain silent–not seek justice and often not even talk about their experiences.
While most of our interviewees left North Korea between2011 and 2016, and many of the abuses date from a year or more before their departure, all available evidence suggests that the abuses and near-total impunity enjoyed by perpetrators continue to the present.
In July 2017, the North Korean government told the UN committee that monitors the implementation of the Convention on the Elimination of Discrimination Against Women (CEDAW) that just nine people in all of North Korea were convicted of rape in 2008, seven in 2011, and five in 2015. The government said that the numbers of male perpetrators convicted for the crime of forcing a woman who is his subordinate to have sexual intercourse was five in 2008, six in 2011, and three in 2015. While North Korean officials seem to think such ridiculously low numbers show the country to be a violence-free paradise, the numbers are a powerful indictment of their utter failure to address sexual violence in the country.
Sexual Abuse in Prisons and Detention Facilities
Human Rights Watch interviewed eight former detainees or prisoners who said they experienced a combination of verbal and sexual violence, harsh questioning, and humiliating treatment by investigators, detention facility personnel, or prison guards that belong to the police or the secret police (bowiseong).
Six interviewees had experienced sexual, verbal, and physical abuse in pre-trial detention and interrogation facilities (kuryujang)–jails designed to hold detainees during their initial interrogations, run by the MSS or the police. They said secret police or police agents in charge of their personal interrogation touched their faces and their bodies, including their breasts and hips, either through their clothes or by putting their hands inside their clothes.
Human Rights Watch also documented cases of two women who were sexually abused at a temporary holding facility (jipkyulso) while detainees were being transferred from interrogation facilities (kuryujang) to detention facilities in the detainees’ home districts.
Sexual Abuse of Women Engaged in Trade
Human Rights Watch interviewed four women traders who experienced sexual violence, including rape, assault, and sexual harassment, as well as verbal abuse and intimidation, by market gate-keeper officials. We also interviewed 17 women who were sexually abused or experienced unwanted sexual advances by police or other officials as they traveled for their work as traders. Although seeking income outside the command economy was illegal, women started working as traders during the mass famine of the 1990s as survival imperatives led many to ignore the strictures of North Korea’s command economy. Since many married women were not obliged to attend a government-established workplace, they became traders and soon the main breadwinners for their families. But pursuing income in public exposed them to violence.
Traders and former government officials told us that in North Korea traders are often compelled to pay bribes to officials and market regulators, but for women the “bribes” often include sexual abuse and violence, including rape. Perpetrators of abuses against women traders include high-ranking party officials, managers at state-owned enterprises, and gate-keeper officials at the markets and on roads and check-points, such as police, bowiseong agents, prosecutors, soldiers, and railroad inspectors on trains.
Women who had worked as traders described unwanted physical contact that included indiscriminately touching their bodies, grabbing their breasts and hips, trying to touch them underneath their skirts or pants, poking their cheeks, pulling their hair, or holding their bodies in their arms. The physical harassment was often accompanied by verbal abuse and intimidation. Women also said it was common for women to try to help protect each other by sharing information about such things, such as which house to avoid because it is rumored that the owner is a rapist or a child molester, which roads not to walk on alone at night, or which local high-ranking official most recently sexually preyed upon women.
Our research confirms a trend already identified in the UN COI report:
Officials are not only increasingly engaging in corruption in order to support their low or non-existent salaries, they are also exacting penalties and punishment in the form of sexual abuse and violence as there is no fear of punishment. As more women assume the responsibility for feeding their families due to the dire economic and food situation, more women are traversing through and lingering in public spaces, selling and transporting their goods.
The UN COI further found “the male dominated state, agents who police the marketplace, inspectors on trains, and soldiers are increasingly committing acts of sexual assault on women in public spaces” and “received reports of train guards frisking women and abusing young girls onboard.” This was described as “the male dominated state preying on the increasingly female-dominated market.”
Almost all of the women interviewed by Human Rights Watch with trading experience said the only way not to fall prey to extortion or sexual harassment while conducting market activities was to give up hopes of expanding one’s business and barely scrape by, be born to a powerful father with money and connections, marry a man with power, or become close to one.
Lack of Remedies
Only one of the survivors of sexual violence Human Rights Watch interviewed for this report said she had tried to report the sexual assault. The other women said they did not report it because they did not trust the police and did not believe police would be willing to take action. The women said the police do not consider sexual violence a serious crime and that it is almost inconceivable to even consider going to the police to report sexual abuse because of the possible repercussions. Family members or close friends who knew about their experience also cautioned women against going to the authorities.
Eight former government officials, including a former police officer, told Human Rights Watch that cases of sexual abuse or assault are reported to police only when there are witnesses and, even then, the reports invariably are made by third parties and not by the women themselves. Only seven of the North Korean women and men interviewed by Human Rights Watch were aware of cases in which police had investigated sexual violence and in all such cases the victims had been severely injured or killed.
All of the North Koreans who spoke to Human Rights Watch said the North Korean government does not provide any type of psycho-social support services for survivors of sexual violence and their families. To make matters worse, they said, the use of psychological or psychiatric services itself is highly stigmatized.
Two former North Korean doctors and a nurse who left after 2010 said there are no protocols for medical treatment and examination of victims of sexual violence to provide therapeutic care or secure medical evidence. They said there are no training programs for medical practitioners on sexual assault and said they never saw a rape victim go to the hospital to receive treatment.
Discrimination Against Women
Sex discrimination and subordination of women are pervasive in North Korean. Everyone in North Korea is subjected to a socio-political classification system, known as songbun, that grouped people from its creation into “loyal,” “wavering,” or “hostile” classes. But a woman’s classification also depends, in critical respects, on that of her male relatives, specifically her father and her father’s male relations and, upon marriage, that of her husband and his male relations. A woman’s position in society is lower than a man’s, and her reputation depends largely on maintaining an image of “sexual purity” and obeying the men in her family.
The government is dominated by men. According to statistics provided by the DPRK government to the UN, as of 2016 women made up just 20.2 percent of the deputies selected, 16.1 percent of divisional directors in government bodies, 11.9 percent of judges and lawyers, 4.9 percent of diplomats, and 16.5 per cent of the officials in the Ministry of Foreign Affairs.
On paper, the DPRK says that it is committed to gender equality and women and girl’s rights. The Criminal Code criminalizes rape of women, trafficking in persons, having sexual relations with women in a subordinate position, and child sexual abuse. The 2010 Law on the Protection and Promotion of the Rights of Women bans domestic violence. North Korea has also ratified five international human rights treaties, including ones that address women and girl’s rights and equality, such as the Convention on the Rights of the Child (CRC) and CEDAW.
During a meeting of a North Korean delegation with the CEDAW Committee, which reviewed North Korean compliance between 2002 and 2015, government officials argued all of the elements of CEDAW had been included in DPRK’s domestic laws. However, under questioning by the committee, the officials were unable to provide the definition of “discrimination against women” employed by the DPRK.
Park Kwang Ho, Councilor of the Central Court in the DPRK, stated that if a woman in a subordinate position was forced to engage in sexual relations for fear of losing her job or in exchange for preferential treatment, it was her choice as to whether or not she complied. Therefore, he argued, in such a situation the punishment for the perpetrator should be lighter. He later amended his statement to say that if she did not consent to having sexual relations, and was forced to do so, the perpetrator was committing rape and would be punished accordingly.
