National Human Rights Commission of Korea's Position on North Korean Human Rights
Statement released on 11 December 2006
1. Background
As the realities of North Korea’s serious economic difficulties became exposed to the world in the mid-1990s, the human rights situation in the Democratic People’s Republic of Korea (DPRK) became the focus of both domestic and international attention. The North Korean people’s deteriorated lifestyles were evident of the conditions within the country, which were verified through various attempts to provide humanitarian aid by the international community. During this process, the practice of public executions, the maltreatment of returned defectors and political prisoners in concentration camps, and other human rights infringements committed in North Korea were identified and condemned.
Several countries and international organizations, including the United Nations, have been addressing North Koreans’ right to life and basic freedoms, and corresponding solutions have been suggested on multiple occasions. The political and economic changes in inter-Korean relations, along with varying perceptions and judgments regarding the North, have led to discussions on North Korean human rights issues in South Korean society.
From the angle of the universal human rights, peace and unification of the Korean Peninsula, as well as the enhancement of Korean society’s capacities, the amount of interest as well as discussions of North Korean human rights issues at both the domestic and international levels can be described as being positive. On the other hand, however, such debate has implications for provoking social conflicts and diplomatic frictions when considering the unique and delicate nature of the North-South relationship and the regional situation in Northeast Asia.
In light of the increasing level of interest and frequency of discussions in South Korean society regarding North Korean human rights issues, the National Human Rights Commission of Korea (hereafter to be called “NHRCK”) has found it necessary to present its position concerning North Korean human rights. During the past few years, the NHRCK has conducted field research abroad and considered the scholarship of experts, civic organizations, government authorities and foreign ambassadors in order to attain a greater understanding of the human rights situation in North Korea. Based on the results of the aforementioned investigations, the NHRCK has conducted in-depth discussions on North Korean human rights issues with both its Plenary Committee and Special Ad Hoc Committee on North Korean Human Rights.
The NHRCK considers “North Korean human rights” to include North Korean residents’ fundamental rights (hereafter to be called “human rights in North Korea”), as well as those of North Korean defectors, and people under humanitarian concerns, such as separated families, abductees and war prisoners. The NHRCK asserts that the North Korean human rights issue must be approached in a peaceful and systematic manner while maintaining a realistic view of the situation in the Korean peninsula and accurately grasping the circumstances surrounding North Korean society and human rights. In this context, North Korea’s decision to conduct a nuclear test was an act that threatened every North and South Koreans’ right to live in peace.
Under the aforementioned rationales for universal human rights and peace in the Korean peninsula, the NHRCK has devised practical and reasonable measures to improve North Korean human rights. The following further demonstrates the NHRCK’s official position on this issue.
2. Basis and Scope of Statement
In dealing with the North Korean human rights issue, especially concerning the rights of current residents as opposed to those of defectors, the NHRCK has examined a few factors. Because the factors examined are closely interrelated, a consistent response in regards to the universality of human rights is required, along with a systematic and realistic approach to the current situation in the Korean peninsula.
First, the state has the utmost obligation to guarantee human rights in modern society where universal human rights are strongly emphasized. It is the raison d’être and the duty of the state to ensure human rights including civil, political, economic, and social rights. The international community has a responsibility to realize universal human rights, and it may therefore press states that fail to fulfill human rights obligations to improve their record through objective standards and procedures.
Second, Article 3 of the Constitution of the Republic of Korea (ROK) defines the territory of the ROK as comprising the entire Korean peninsula, including the North. However, North Korea’s legally recognized status as a sovereign state under international law and its membership in the United Nations cannot be ignored. Moreover, Article 4 of the Constitution affirms a principle of peaceful unification, and the preamble of the Inter-Korean Basic Agreement and Article 3(1) of the North-South Relations Improvement Act prescribes inter-Korean relations to be “provisional and special” in the process towards unification. Furthermore, inter-Korean political agreements, such as the July 4, 1972 Joint Communique and the June 15, 2000 Joint Declaration recognize that the North and the South are to mutually acknowledge each other as parties aiming to enhance inter-Korean relations and achieve peaceful unification. As a result, efforts to improve North Korean human rights must be considered in conjunction with the uniqueness of inter-Korean relations.
Third, South Korea, as a member of the United Nations as well as the international community, has the responsibility to promote universal respect for and observance of human rights and freedoms as prescribed in the United Nations Charter and international human rights treaties. Moreover, the Constitution also prescribes international pacifism and the principle of good faith in international law. As a result, the Korean government has both the obligation and legal foundation to undertake a wide range of efforts in improving North Korean human rights.
Fourth, while the NHRCK recognizes the importance of the government’s efforts in improving North Korean human rights, it also acknowledges the role of the NHRCK in such efforts. Nonetheless, the NHRCK recognizes its limitations concerning legal basis and scope in dealing with the North Korean human rights issue. Despite Article 3 of the Constitution, Articles 4 and 30 of the National Human Rights Commission Act state that human rights violations or acts of discrimination taking place in the North, where the Korean government cannot exercise effective jurisdiction, cannot be subject to the NHRCK’s investigation. However, human rights matters regarding war prisoners, abductees, and separated families can be handled by the NHRCK as individual cases when the victims concerned are South Korean nationals.
3. Principles of Approach and Policy Suggestions on North Korean Human Rights
The ROK government has promoted a North Korean human rights policy based on three fundamental points: (i) the substantive improvement of North Korean human rights; (ii) the promotion of peace and prosperity in the Korean peninsula; and (iii) the cultivation of North Koreans’ civil consciousness along with the advancement of human rights via initiatives taken by the North Korean authorities themselves. Under these points, the South Korean government believed that reform and an open-door policy could serve as a foundation for improving the human rights situation. As a result, the government promoted economic cooperation with the intention of promoting changes in North Korean society. Moreover, the ROK has given priority to non-political humanitarian issues involving war prisoners, abductees and dispersed families during intergovernmental dialogues with the DPRK.
The NHRCK views the South Korean government’s policies toward the North in a positive light, which includes a human rights policy that seeks intergovernmental dialogues and cooperation for the larger goal of achieving peace and prosperity on the Korean peninsula. The NHRCK also recognizes the government’s vote in favor of the North Korean Human Rights Resolution at the 61nd Session of the UN General Assembly as evidence of its extended effort and commitment to the improvement of North Korean human rights.
The NHRCK acknowledges the importance of the government’s role in improving North Korean human rights, and hereby offers its official position vis-à-vis the government’s stance concerning the promotion of North Korean human rights:
First, for the improvement of North Korean human rights, it is necessary to approach such issues under the following fundamental principles:
(1) The universality of human rights, which has been advanced through the multi-faceted efforts of the international community, must be respected when seeking improvements in North Korean human rights;
(2) Improvements of North Korean human rights must be sought through nonviolent means because peace on the Korean peninsula is directly related to the right of Koreans in both the North and South to live in peace;
(3) Discussions and approaches to the North Korean human rights issue must focus on the goal of realizing actual improvements to North Korea’s human rights situation; and
(4) North Korean human rights issues should be managed in a way in which both the efforts of the government and civil society complement each other through constructive criticism and cooperation.
With these principles as a foundation,
First, the government must make efforts to develop solidarity and encourage cooperation within the international community in order to realize actual improvements in the area of North Korean human rights. The NHRCK affirms the international community’s commitment to giving humanitarian aid for the purposes of restoring North Korean people’s right to life and its emphasis on cooperation in communicating with North Korea. Nonetheless, it is hard to ignore Korean concerns that the international community may try to address the human rights issues in North Korea without adequately considering the reality of division on the peninsula and the unique relationship between the two Koreas. Therefore, the government should on one hand conform to the fundamental principle of respecting universal human rights when approaching North Korean human rights issues, while on the other hand cultivate a consciousness within the international community that North Korean human rights issues should be dealt in a more sensible manner, given the unique nature of inter-Korean relations.
Second, the ROK government should consistently support humanitarian aid as a means of protecting North Korean people’s right to life and treat it separately from political issues. Among all the cases relating to fundamental human rights, no case is more pressing than the survival of the North Korean people. The ROK government should still react strongly against incidents that threaten peace on the Korean peninsula, such as North Korea’s missile launches or nuclear tests, but not at the risk of North Korean people’s right to life. The South Korean government must take appropriate measures in responding to concerns and suspicion, both domestically and internationally, for the sake of transparency in humanitarian aid distribution. Furthermore, the government should make efforts to prepare a more fundamental plan in solving North Korea’s food crisis. To ensure transparency in the distribution process, concrete measures including a monitoring program must be established. Simultaneously the government must strongly urge the North to assume responsibility in regards to this issue.
Third, the government must heighten diplomatic efforts to improve the current situation of North Korean defectors suffering serious human rights violations abroad, and provide institutional measures to protect their rights. North Korean defectors are victims of human rights violations who escaped the DPRK, a place where their right to life was under threat and right to liberty was deprived. The ROK government should pursue diplomacy as a top priority and engage in consultations with authorities of countries where North Korean defectors are situated in order to solve the problem of forced repatriation. The government should actively consider increasing the number of representatives assisting North Korean defectors at Korean diplomatic missions in countries where most defectors sojourn.
Moreover, the government should establish measures to systematically and actively protect the human rights of North Korean defectors in South Korea, otherwise known as “new settlers.” Promoting and protecting the human rights of these people should be considered a long-term goal for the purposes of social integration. The government should devise plans for concrete and comprehensive improvement in protecting the human rights of these “new settlers” through systematic and extensive research.
Fourth, the government should take greater constructive and concrete measures to resolve humanitarian cases, such as those involving dispersed families, abductees and war prisoners. Problems related to these groups require more support from the government than any other human rights issues because these problems originated from war and the subsequent division of the Korean peninsula. The government should strive to address these issues through unconditional consultations with North Korea in order to heal the pains and wounds of the people affected. In addition, the government must take institutional and substantive measures to compensate the North Korean people for any physical and/or mental illnesses, restore their impaired reputation through legislation such as the Special Act for Supporting the Families of North Korean Abductees, and expand the pool of officials working exclusively on war prisoners and abductees.
Fifth, the government should attain accurate facts of North Korea’s human rights situation through objective and precise investigations, since the feasibility of improving North Korean human rights is greater when circumstances are accurately understood. According to information received and confirmed, it is hard to deny analyses that the North Korean human rights situation is at a serious level. Even though North Korea’s human rights is a sensitive issue both domestically and internationally, however, any uncertain information has the capacity to distort reality. Therefore the government should ardently strive to collect, investigate, evaluate and preserve objective information.
In regards to improving North Korean human rights, the NHRCK will review government policies related to North Korean human rights and take corresponding actions, such as presenting opinions and offering recommendations, in addition to increasing cooperation with national human rights institutions and both international and local NGOs. Furthermore, the NHRCK will hereafter continuously work on improving North Korean human rights through research and policy studies over a wide range of related issues, including the human rights situation of people in North Korea, North Korean defectors abroad, dispersed families, abductees, war prisoners, and North Korean defectors now residing in South Korea.
