James Risen’s
report in the New York Times on Blackwater’s death threat against State
Department investigators in Iraq (and the US embassy’s craven decision to kick
out the investigators for being “unsustainably disruptive to day-to-day
operations” in response) also includes this interesting passage:
The company's gung-ho attitude and
willingness to take on risky tasks were seductive to government officials in
Washington. The State Department, for example, secretly sent Blackwater guards
to Shenyang, China, to provide security for North Korean asylum seekers who had
gone to the U.S. Consulate there and refused to leave for fear the Chinese
government would force them to go back to North Korea, according to company
documents and interviews with former Blackwater personnel.
The backstory
for the Shenyang job is presumably the flood of economic and political refugees
from North Korea during the famine years of the early 2000s. Some refugees tried to get into various
consulates in Shenyang as well as embassies in Beijing, and hope that they
could obtain some kind of asylum/entry into a sympathetic foreign country
instead of facing repatriation to North Korea.
Antoaneta Bezlova
wrote the story for IPS in 2002 (via Asia Times
Online):
The attempt by the family of five
North Koreans to enter the Japanese consulate in Shenyang is the latest in a
string of cases. On the weekend, two North Koreans entered the Canadian embassy
in Beijing to seek sanctuary. The swelling flow of North Korean asylum seekers
in China comes following the daring and successful asylum bid of 25 refugees who
rushed into the Spanish embassy in Beijing in March. They were later allowed to
leave the country and gained passage to South Korea through the Philippines.
More attempts have followed. Last month, a North Korean sought asylum in
Beijing's German Embassy after scrambling over a two-meter wall into its
compound, while two other North Koreans gained entry into the US mission. All
three subsequently were sent on to South Korea.
The wave of asylum bids has been highly publicized in the foreign press as they offer a rare glimpse into the secretive society of poverty-wracked North Korea, which is plagued by a lack of food, heat and medicine. Between 250,000 and 300,000 refugees are believed to be in the hiding in the northern Chinese provinces bordering North Korea.
The wave of asylum bids has been highly publicized in the foreign press as they offer a rare glimpse into the secretive society of poverty-wracked North Korea, which is plagued by a lack of food, heat and medicine. Between 250,000 and 300,000 refugees are believed to be in the hiding in the northern Chinese provinces bordering North Korea.
The PRC
pushed back aggressively to control the influx of asylum seekers. The most troubling incident occurred at the
Japanese consulate in Shenyang. Chinese
police seized three family members as they tried to rush through a half-open
gate at the consulate; two adults made it inside and police walked into the
consulate and arrested them, without any apparent resistance from the consulate
staff.
Per Bezlova,
whether the Chinese had any tacit agreement from the Japanese government is a
matter of dispute:
Japan and China agreed on Wednesday to
release the five asylum seekers and send them to South Korea or the United
States via the Philippines. The agreement was made during talks in Tokyo
between China's ambassador to Tokyo and Japan's vice foreign minister. The
incident in Shenyang was caught on videotape. At the time, China said that
Japanese diplomats had given police permission to enter the compound to seize
the asylum seekers. But on Monday, Japanese officials said that consent was not
given and that Tokyo considered the incident a violation of its sovereign
territory.
Maybe one of
those “Officially, this is unacceptable, unofficially…meh” things.
The most
interesting question is why this family, apparently both determined and with
access to significant support from the escapee support network (which I
imagine, must be highly selective in its choice of people to champion), was not
discretely waved into some consulate for eventual emigration. Did the DPRK pass the message to the PRC and
Japan that asylum/emigration for these particular people was intolerable? Or was the cooperation of family members
already overseas deemed unsatisfactory, perhaps even evidence that they were
double agents?
In any event,
the family quickly became an unwelcome media and political headache with no
upside.
In talking to
the Japanese government immediately prior to the incident, Lee Young Hwa of
RENK (Rescue the North
Korean People Urgent Action Network) had warned of the hardball tactics the asylum
seekers might theoretically employ to make it into the consulate:
From my experience of helping asylum
seekers in the past, there is the strong possibility that refugees might be
carrying suicide poison with them just in case. Also, with this worst case
scenario in mind, they are also likely be accompanied by reporters.
It’s unclear
if suicide poison was involved, but the media was certainly present:
South Korean activists who help North
Koreans seek asylum showed once again their talent for public relations. The
Yonhap News Agency, tipped off in advance, filmed the struggle on May 8 from a
window across the street in Shenyang.
The Japanese
government apparently cared enough about the family of five, or at least for Japan’s
international reputation, to ensure that the group was allowed to journey
onward to the ROK and/or the United States and not get repatriated to North
Korea despite detention by Chinese police.
According to
Lee, who was apparently the go-to guy at the time both for asylum seekers and
foreign governments trying to get a grip on the asylum-seeking process, the
response at the US consulate in Shenyang was somewhat more muscular:
In the case of the United States,
however, the United States took refugees who rushed into the U. S. Embassy in
Beijing and its Consulate General in
Shenyang into protective custody without
making a fuss, not allowing armed Chinese police to enter into either of its
diplomatic compounds.
This looks like the suitable context for the Blackwater
revelation.
Given the still inexplicable willingness of the Japanese
consulate to waive its sovereign immunity and allow Chinese police to arrest
people on its grounds, maybe the State Department decided it was necessary to
bring in Blackwater and demonstrate that, no matter what was going on with
Japan, and no matter how high the value of the asylum seekers sheltering in the
US consulate (and despite, I would think, the ability of US embassy and
consulate guards to refuse entry to Chinese police), whatever happened at the
Japanese consulate should not in any way be misconstrued as a precedent for the
US.
The alternate
possibility is that Blackwater was there to make sure that the consulate wasn’t
stormed by desperate asylum seekers.
This is, however, unlikely.
Asylum seekers would have to run a gauntlet of Chinese police to get to
near the consulate. In any case, as
Lee’s account of the Japanese consulate fiasco indicates, asylum seekers were
not crowds of starving Korean peasants bum-rushing consulates and embassies; those
unfortunates were, by and large, still bottled up on the DPRK/PRC border.
Asylum
seekers, on the other hand, were part of an “elite” subgroup of refugees who
could reasonably expect a friendly reception, for instance escapees who were
Japanese residents (“returnees” i.e. ethnic Korean residents of Japan who had emigrated from Japan to North Korea
and subsequently fled, and possibly had Japanese family members), ROK prisoners
of war, people with relatives already overseas, or, it appears, attractive
intelligence assets.
Their asylum
gambits were choreographed and pre-arranged by a NGOs acting as concierges on
behalf of particular individuals and families.
Other members
of the family that tried to rush the Japanese consulate had already made a
successful bid for asylum in Beijing, according to the New York Times:
The five people who were detained by
the Chinese police while trying to enter the Japanese Consulate are all members
of a family that has angered North Korean authorities with previous efforts to
escape to Seoul, a human rights group said. Last June, other family members
walked into the office of the United Nations High Commissioner for Refugees in
Beijing demanding asylum and were subsequently resettled in Seoul.
The increased
traffic in asylum seekers was definitely not welcome to the PRC—which installed
barriers, heightened security to prevent approaches to embassies and
consulates, and issued a notification laying out its disapproval.
The foreign
states were not terribly averse to the Chinese message.
Overall, it
appears that the bottom line was that the “underground railroad” had the
potential to deliver “elite” refugees in quantities that the foreign states as
well as the PRC deemed unacceptably disruptive, and the message was passed to
the NGOs that qualified escapees should not be put in the pipeline on the
presumption that they would be welcome when it came time to negotiate the final
passage into a consulate or embassy.
In 2007,
Adrian Hong of Liberty in North Korea described a failed approach:
“Last
December, our field workers had moved to help 6 North Korean refugees from our
underground shelters in China seek asylum. These refugees were judged to be
high-risk; two orphan teenagers, a young 22 year old woman, and three older
women. Many of the refugees have chronic injuries and illnesses. One of the
refugees is mother of a North Korean refugee now resettled in the United
States. During our underground railroad operation, our refugees and their
escorts made the dangerous trek to the United States Consulate in Shenyang
without incident, although not without several very close calls.
Upon
arrival in Shenyang, I notified the authorities at the Consulate of our
identities and intentions, to seek asylum and protection for these NK refugees.
I took extensive measures, as always, to remain discrete, speaking over safe
phone lines and using words and phrases that would signal our situation to
educated Consular staff, but not to an eavesdropper. As the group waited a few
hundred feet from the main gate of the US Consulate, in view of the United
States flag and gates, I was told that someone would call me back.
A
while later I received a call from a gentleman who identified himself as a
member of the US Consulate. He referred to me by name, and said that they could
not accept us, and that they suggested for us to “take the North Korean
refugees and go to the UNHCR in Beijing. It goes without mention that US posts
are subject to intense electronic surveillance, and sure enough, a short while
later large numbers of Chinese authorities and police began to show up in the
vicinity of our location.
I
moved the refugees to a more discreet but still very close location, and called
into the US Embassy in Beijing. I was told in very strong, scolding terms, that
I had jeopardized the lives of the refugees, and that China’s Public Security
Bureau had informed the US and other nations with posts in the area that North
Korean refugees were seeking entrance to their compounds. I responded that the
refugees took the calculated risk to seek asylum with the United States because
their situation was already very dangerous, and that the Chinese authorities
had likely been alerted by the irresponsible and indifferent actions of the US
post in Shenyang. I spent quite a bit of time on the phone pleading with the
officer in question.
At
that point we were literally less than 100 feet away from the main entrance to
the Shenyang post- it would have been a simple matter for any consulate
official to step out and wave our refugees in, past the Chinese authorities, as
is done for many visitors to the Consulate.
The
officer continued to refuse and redirect us to the UNHCR in Beijing, despite my
pleas, and we had no choice but to head towards Beijing. En route, our 6
refugees and their 2 American escorts were apprehended, and I was detained in
Beijing. The group was imprisoned in Shenyang. Our LiNK workers were released
and deported to the United States after 10 days; our refugees are still in
Chinese custody today [they were released after several months’ detention and allowed
to emigrate to South Korea—ed]
…
…
Refugees are being turned away from the gates of US posts and sent to the UNHCR
in Beijing – a dangerous journey that very few manage to make without capture.
Funding for NGOs and underground workers has not been released; and less than a
paltry three dozen North Korean refugees are now resettled in the United
States. Our own refugees that I personally escorted to US custody last October
arrived just last week- nearly four months after they had been accepted! It is
my understanding that delays on their arrival here were not from the Chinese,
but from our own State Department.
The passivity of the UN High Commissioner for Refugees
office in Beijing is apparently a sore point for North Korea activists. Any escapee who is able to run the gauntlet
from the DPRK to the capital and “touches base” there is entitled to a review
of the conditions of flight; if it is determined he or she is a political or
religious refugee who would be expected to suffer persecution if returned to
North Korea, the relevant principle is “non-refoulement” i.e. the individual is
entitled to refuge and cannot be returned forcibly to the home country.
The US strongly supports the “touch base” privileges of
Tibetan refugees who reach the UNHCR office in Nepal, characterizing the people
who make the arduous and expensive trek over the Himalayas from the Tibet AR as
political/religious refugees (though the
Chinese government would beg to differ; over half of the “refugees” processed by the UNHCR and allowed to go on to
Dharmsala are actually political/religious tourists who quickly return to
Tibet, to the aggravation of Nepal and the suspicion of the PRC).
The UNHCR Beijing Office apparently has a lower profile out
of deference to the PRC government, and, like the foreign embassies and
consulates, appears a party to the limited processing of small numbers of “elite” refugees, as a group
of NGOs complained in 2011:
However, we reluctantly must conclude
that the UNHCR’s presence in Beijing is now unwittingly supporting the PRC
government in its repatriation policy. It is our understanding that the
UNHCR does not overtly pressure the PRC government in order to quietly help
individuals and small groups of refugees reach safety. To the best of our
knowledge even this kind of activity is severely limited at present.
The UNHCR made some amends in February 2014 by releasing a
blistering report on human rights in North Korea, which addressed the plight of the tens of
thousands of “non-elite” refugees in Northeast China and also took aim at PRC
refoulement policies.
Although unable to conduct direct, on-the-ground inquiries
either in North Korea or on the PRC side of the border, the UNHCR collected
enough atrocity stories from émigrés and NGOs to compile a bulky dossier on the
DPRK/PRC system for dealing with people fleeing North Korea for China.
The report concluded that Kim Jung Un’s regime had tightened
border controls compared to the Kim Jung Il era, when a combination of corruption
and famine-related realpolitik had caused border guards to turn a blind eye
toward people fleeing across the Tumen River.
Border operations have now been placed under the aegis of the SSD—the
State Security Department—instead of the army, and a protocol set up by which
escapees either recaptured or forcibly repatriated are processed through a
series of interrogations (abetted by food deprivation, beatings, and other
tortures) to determine whether the flight motive was to seek economic
opportunity in China (bad), Christian conviction (very bad), the desire to make
it to the ROK (very, very bad), or in collusion with ROK intelligence (fatal).
Depending on the nature of the
allegations against them and their background, the fate of repatriated persons
is determined by the SSD. Persons found to have made contact with ROK nationals
and/or Christian missionaries are sent for further interrogation at the
provincial SSD headquarters. From there, they are sent either directly to a
political prison camp (kwanliso) without any trial or imprisoned in an ordinary
prison camp (kyohwaso) after an unfair trial.
In cases considered to be particularly grave, such as having contact
with ROK intelligence officials, the victim faces execution.
Conversely, those found to have solely
gone to China looking for food and/or work are handed over to the MPS [Ministry
of Public Security], where the interrogation process is usually recommenced. If
the MPS confirms that the person is only an “ordinary” border crosser, it commits
him or her to detention in a holding centre (jipkyulso). There, the person
remains detained, sometimes for months, until MPS agents from the person’s home
county collect him or her and place the victim, usually without a trial, for
several months to a year in a labour training camp. [pg. 114]
The PRC cooperated with the DPRK by aggressively tightening
up on border enforcement and capture, and has declared that all North Korean
escapees are economic migrants who can be repatriated without any asylum review.
However, since the initial screening for all returnees is
torture—i.e. cruel and inhumane treatment for the purposes of extracting a
confession—followed by cruel and inhumane treatment --i.e. much of the same
inflicted by the prison guards and administration out of sadism against people
they consider less than human, especially women who have become pregnant by
Chinese men and suffer the horrors of forced abortions--there’s a pretty strong
argument that every North Korean, economic migrants included, who is detained
in the PRC should be entitled to non-refoulement status until his or her
qualifications for asylum are reviewed.
As the report put it:
The Commission therefore finds that
many DPRK nationals, deemed by China as mere economic illegal migrants, are
arguably either refugees fleeing persecution or become refugees sur place, and
are thereby entitled to international protection. [pg. 130]
Furthermore, the UNHCR report alleged that the PRC
pre-screens returnees and provides information to the DPRK upon refoulement,
undercutting its “economic migrants” defense:
A former official, who worked on
border security, stated that when the Chinese authorities repatriate DPRK
nationals, they also provide the DPRK authorities with documentation regarding
the living circumstances of the repatriated persons in China. The documentation
indicated whether the DPRK nationals had simply lived with their “spouses” or
have had contact with Christians or ROK nationals including with ROK
intelligence agents. Such information was used by the DPRK authorities in
determining the fate of those repatriated persons. Those believed to be working
with ROK intelligence were executed in the DPRK, whilst those involved with
Christian missionaries would be sent to DPRK prison camps without trial. The
same witness also indicated that Chinese officials used differently coloured
stamps on the documentation handed over to the DPRK authorities based on
whether the repatriated persons planned to reach the ROK or not. Another
witness also indicated that the Chinese authorities provided their DPRK
counterparts with a document concerning her case upon handing her over. [pg.
131]
The report
concludes with a rather quixotic call to refer the DPRK to the International
Criminal Court—something that would have to be done through the UN Security
Council i.e. with the support of the PRC.
In addition to tying up its neighbor and quasi-ally in the ICC process, which
the PRC detests on principle, such a proceeding would presumably expose PRC
officials to the accusation, if not legal liability, for complicity in crimes
against humanity.
The
contradictions inherent in the UNHCR approach were highlighted, perhaps
inadvertently, in the Guardian’s coverage:
The UN report "is a very strong
indictment of North Korea, but China is clearly right there in the mix, and
that's the reason why they were reluctant to co-operate," said Scott
Snyder, a North Korea expert at the Council on Foreign Relations. "And so
the main purpose of the report, beyond making the case for a continued
international response to North Korea through the international criminal court,
is to move China."
Unsurprisingly,
China was unmoved. The PRC brushed aside
the report as “politicized” and once again declared that all DPRK escapees were
“economic migrants”.
Estimates for
DPRK citizens clandestinely residing in the PRC near the Korean border range
from 25,000 to 100,000, down from perhaps a quarter of a million during the
famine years (and before the aggressive refoulement campaign). That is a manageable number but one that
would surely grow if the PRC respected the principle of non-refoulement,
started reviewing asylum dossiers…and began suggesting that the ROK and US live
up to their human rights rhetoric and step up to take in thousands of brutalized
and poorly educated DPRK refugees.
That’s an outcome that neither the PRC, ROK, the US, the other nations,
or the UN are presumably eager to see right now.
So it looks
like everybody’s quietly on board with the current system (with the noble
exception of the NGOs that support refugees and the persecuted North Koreans
themselves)—and Blackwater (now renamed once again as “Academi”) won’t be
needed in Shenyang again for a while.
But that
doesn’t mean the Blackwater crew is done with China.
Blackwater ex-jefe
Erik Prince announced he was fed up with the political and legal heat
associated with servicing the US government (and, perhaps, massacring clusters
of Iraqis at roundabouts and threatening US State Department personnel with
murder). He told the Wall Street Journal about his new job, new boss, and new
market:
[Prince is] chairman of Frontier
Services Group, an Africa-focused security and logistics company with intimate
ties to China’s largest state-owned conglomerate, Citic Group. Beijing has
titanic ambitions to tap Africa’s resources—including $1 trillion in planned
spending on roads, railways and airports by 2025—and Mr. Prince wants in.