Title 22, Foreign Relations and IntercourseRelease 119-110

§7844 United Nations High Commissioner for Refugees

Title 22 › CHAPTER 85 — NORTH KOREAN HUMAN RIGHTS › SUBCHAPTER III — PROTECTING NORTH KOREAN REFUGEES › § 7844

Last updated Sep 22, 2026|Official source

Summary

Congress says China must let the U.N. High Commissioner for Refugees (UNHCR) freely reach North Koreans in China so UNHCR can decide if they are refugees and if they need help, under the 1951 Refugee Convention, the 1967 Protocol, and Article III, paragraph 5 of the 1995 UNHCR Mission Agreement. The United States, other donor countries, and UNHCR should press China at the highest levels to follow those commitments. UNHCR should hire experts with real experience and work with proven NGOs that help displaced North Koreans. UNHCR should try to make a multilateral “first asylum” rule that guarantees safe haven. If China begins to meet its duties, countries and organizations should increase humanitarian aid inside China. If China still refuses access, UNHCR should start arbitration under Article XVI of the Mission Agreement and name an arbitrator. Not using those arbitration rights now would be a serious failure by UNHCR to protect refugees.

Full Legal Text

Title 22, §7844

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Actions in China

It is the sense of Congress that—

(1)the Government of China has obligated itself to provide the United Nations High Commissioner for Refugees (UNHCR) with unimpeded access to North Koreans inside its borders to enable the UNHCR to determine whether they are refugees and whether they require assistance, pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and Article III, paragraph 5 of the 1995 Agreement on the Upgrading of the UNHCR Mission in the People’s Republic of China to UNHCR Branch Office in the People’s Republic of China (referred to in this section as the “UNHCR Mission Agreement”);

(2)the United States, other UNHCR donor governments, and UNHCR should persistently and at the highest levels continue to urge the Government of China to abide by its previous commitments to allow UNHCR unimpeded access to North Korean refugees inside China;

(3)the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally employ as professionals or Experts on Mission persons with significant experience in humanitarian assistance work among displaced North Koreans in China;

(4)the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally contract with appropriate nongovernmental organizations that have a proven record of providing humanitarian assistance to displaced North Koreans in China;

(5)the UNHCR should pursue a multilateral agreement to adopt an effective “first asylum” policy that guarantees safe haven and assistance to North Korean refugees; and

(6)should the Government of China begin actively fulfilling its obligations toward North Korean refugees, all countries, including the United States, and relevant international organizations should increase levels of humanitarian assistance provided inside China to help defray costs associated with the North Korean refugee presence.

(b)Arbitration proceedings

It is further the sense of Congress that—

(1)if the Government of China continues to refuse to provide the UNHCR with access to North Koreans within its borders, the UNHCR should initiate arbitration proceedings pursuant to Article XVI of the UNHCR Mission Agreement and appoint an arbitrator for the UNHCR; and

(2)because access to refugees is essential to the UNHCR mandate and to the purpose of a UNHCR branch office, a failure to assert those arbitration rights in present circumstances would constitute a significant abdication by the UNHCR of one of its core responsibilities.

Reference

Citations & Metadata

Citation

22 U.S.C. § 7844

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110