North Korean defectors in China find themselves caught in a relentless storm of vulnerability and helplessness. Stripped of their fundamental rights and any semblance of international protection, their isolated lives in appalling conditions are marred by a precarious dance between staying invisible and struggling to survive.
A CASE OF MURDER
A recent case that underscores the dire situation of defectors in China involves a tragic murder of a North Korean by her husband in rural Liaoning province. The victim, who had defected from North Korea’s Ryanggang province in 2010 and was sold into a forced marriage, endured years of domestic violence by her ethnic Korean Chinese husband while performing hard agricultural labor. Although she was under constant surveillance and abuse, she reportedly endured the horrific treatment in order to send money back to her family in the North. After years of abuse and a life without hope, her recent attempt to escape to South Korea for freedom sadly led to a fatal confrontation with her husband, who beat and killed her with a knife on the spot.
Shockingly, her husband faced no legal consequences even after confessing his crime of murder. The Chinese police released him without proper investigation and “protected him simply because he’s Chinese and she was a North Korean defector,” according to a source from DailyNK.
LEGAL INVISIBILITY OF DEFECTORS
This tragic case sparked fear among defectors in China while highlighting the lack of legal protections for North Koreans in China and the impunity enjoyed by their abusers. According to a 2019 report by Korea Future Initiative, tens of thousands of North Korean women and girls become a part of the sex trade in China that generates roughly $105 million USD annually. Over 30 percent of defectors in China are sold into forced marriage to meet the needs of China’s “long-standing one-child policy and penchant for sons” that led to grave gender imbalance and difficulties for Chinese men to find wives.
Unfortunately, defectors in China have no official status or state recognition, making them ineligible for any form of legal recourse. The Chinese government’s stringent policies towards defectors exacerbate this problem, often viewing them as economic migrants rather than refugees, thus stripping them of potential protections under international law. As a result, when victims of bride trafficking face domestic abuse, whether physical or psychological, they would not risk reporting to the authorities as it could lead to arrest, detention and ultimately deportation back to their home country, where they face severe punishment, including imprisonment, torture and even execution.
WHY CAN’T INTERNATIONAL AGENCIES HELP?
In short, the classification of defectors as economic migrants prevents other countries, the United Nations and NGOs from intervening effectively. Without official recognition as refugees, defectors cannot claim asylum or benefit from the protections afforded under international conventions, leaving them in a legal limbo with no support when faced with abuse in China.
Meanwhile, the role of humanitarian organizations is becoming limited. While NGOs like Crossing Borders play a crucial role in providing aid and support to defectors, their efforts are often hindered by the need for secrecy and the risk of government crackdowns. Therefore, their ability to address sensitive cases of domestic abuse, which are private in nature, is particularly constrained. This is further exacerbated by the necessity to remain concealed, thereby making it challenging for defectors to seek assistance.
Consequently, even though Chinese law criminalizes murder, and this applies to all individuals within China’s borders, including North Korean defectors, holding individuals liable for the death of North Korean defectors in China presents significant challenges due to the unrecorded and unidentifiable nature of defectors. This issue is further complicated by the potential diplomatic repercussions that such cases might provoke between Beijing and Pyongyang. The complexities and potential costs associated with addressing these incidents often lead to a reluctance to pursue justice, keeping these matters off the record, like the recent murder in Liaoning province. Moreover, the perceived indifference of the North Korean government towards the lives of its citizens exacerbates this issue, contributing to the lack of accountability and protection for defectors. As a result, it is likely that the thirst to survive, albeit in fear, would continue to force many defectors in China to endure abuse in silence.