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Cablegate: German Mfa Shares Its Own Questions,

VZCZCXYZ0002
PP RUEHWEB

DE RUEHRL #1526 3361437
ZNR UUUUU ZZH
P 021437Z DEC 09
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC PRIORITY 5945
INFO RUEHGV/USMISSION GENEVA PRIORITY 1578

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

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