Human Rights Policy 1

Human Rights in North Human Rights in North KoreaKorea

andand U.S. Policy U.S. Policy

Sun Song PARKDongguk University, Seoul, South Korea

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Different Views and Policy ProposalsDifferent Views and Policy Proposalsconcerning the N. K. Human Rights concerning the N. K. Human Rights

ProblemsProblems

Two Questions1. What is the exact situation of

human rights in North Korea?2. How can the situation of

human rights in North Korea be improved?

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Table of Contents

1. Situation and Changes of the N.K.H.R. i. Assessment and measurement ii. Nature and causes iii. Recent changes2. How to Improve the Situation i. Theories and experiences ii. Critical assessment of U.S. policy iii. Policy alternative: principles/measures

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Attitudes toward the Human Attitudes toward the Human Rights Problem in North KoreaRights Problem in North Korea

Before the late 1980s- political and ideological approach- domination of security strategy

After the end of the Cold War and the democratization of South

Korea- regime change versus humanitarian assistance- pressure/containment versus engagement

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ASSESSMENT & ASSESSMENT & MEASUREMENTMEASUREMENT

Of the Human Rights Of the Human Rights Situation in North KoreaSituation in North Korea

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U.N. on the N.K.H.R. U.N. on the N.K.H.R. SituationSituation

Resolution 2004/13 of the U.N.C.H.R. - “its deep concern about continuing reports of systemic, widespread and grave violations of human rights in the D.P.R.K.”

- a request for the appointment of the Special RapporteurU.N. Initiative “as a window of

opportunity to engage with the world, particularly with the U.N., to improve the human rights situation in the country” for North Korea

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Human Rights Situation in North Korea

by the Special Rapporteur Catastrophic food

shortages and subsequent food crisis

Restriction of basic freedom, detention centers, and political discrimination

Control of movement, and refugees or displaced persons

Dismantlement of basic social service (health, education)

Restriction of political participation and non-access to information

Rise in infant mortality, malnutrition, trafficking, inhumane punishment upon return

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Two ProvisosCredibility of

Testimonies- Distinguish between

system-specific abuses and general-but-individual abuses

- In the latter cases, we need to approach the testimonies more carefully.

Danger of Comparison

Two negative influences (1) Reversal of

priority between famine and other abuses

(2) Demonizing N.K. and inducing excessive policies

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How to measure the N.K. Human Rights

Human Rights in Principle - insufficient legal protection and compliance

with international norms - negative gap between de jure / de facto

Human Rights in Practice - a lot of event-based reporting of H.R. violations - Freedom House: N.K. as ‘not free’ state

Policy Outcomes related to H.R. - UNDP categorized N.K. as ‘high priority country’ - Bank of Korea: economic recession in the 1990s

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NATURE AND CAUSESNATURE AND CAUSES

Of the Human Rights Of the Human Rights Situation in North KoreaSituation in North Korea

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Character of the N.K.H.R. Situation

• System-specific Characteristic - A typical “centrally controlled

bureaucracy” or classical socialist system

- Especially, after the late 1960s, the “unitary ruling regime” with the ideology of “Juche”

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Three Contextual Qualifications

System of Division - Korean war and division directly influence the

N.K.H.R. situation. See V. Muntarbhorn.

Change of Political Regime - The unitary ruling regime rose in the 1960s

and began to weaken from the mid 1990s.

Economic Crisis in the 1990s - Economic crisis provoked a humanitarian

disaster and weakened governmental control.

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No attempt to understand the human rights situation in the Democratic People’s Republic of Korea can be totally separated from the challenge of peace and human security in the region. … The fact that the Democratic People’s Republic of Korea is heavily militarized raises a question concerning equitable allocation of resources - the need to reallocate those resources to promote and protect human rights. No attempt to understand the human rights situation in the Democratic People’s Republic of Korea can be totally separated from the challenge of demilitarization and disarmament in the region. Muntarbhorn, 2005, p.8, paragraphs 23 & 24.

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Complexity of the N.K. Situation

Policy ImplicationsMilitary tensions and security

crises as a pretext for repression. => Improvement of inter-Korean relations and

détente in the Korean Peninsula as a key factor for the alleviation of the N.K.H.R. situation.

From a “strong, intolerant, and oppressive state” to “state failure”

=> Economic and social restoration as a point of departure for human rights improvement.

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RECENT CHANGESRECENT CHANGES

Related to the Human Related to the Human Rights Situation in North Rights Situation in North

KoreaKorea

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Even small changes are important.

The process of improving the human rights situation is a long, a long, phased, and complex process phased, and complex process of system-and-norm change.of system-and-norm change.

=> Even small changes could be important signs of the beginning of norm compliance and system change.

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Three Significant Changes

① Continued contact with international society on the subject of human rights - UN, AI, EU, etc.

② Human rights-oriented establishment, amendment, and supplementation of laws.

③ Economic reforms and open door policies since the early 2000s.

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Meaning of Changes All these changes would be part of the

N.K. authorities’ survival strategy. But, they show:① N.K. is changing in the progressive

direction.② N.K. is attempting economic reforms as

other socialist countries did.③ The insufficiency and inefficiency of

changes and reforms will eventually provoke more radical changes.

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Premises of Discussion Following

We tried to show in the first part:1. The North Korean authorities behave

within the general maxims of political regime and international relations.

2. North Korea is changing and the appropriate and continuous efforts of international society will probably result in the peaceful transformation of its regime.

In the second part, we discuss how to improve the N.K. human rights situation.

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THEORIES AND THEORIES AND EXPERIENCESEXPERIENCES

Policy ImplicationsPolicy Implications

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Dynamics of International Human Rights Compliance

What is the relative role of external pressure versus internal commitment?

Three Explanatory Factors: Power, Self-Interest, Norms

Three Levels of Actions: International/Regional, Domestic, and Domestic-International Interactions

Cardenas, 2004, p.214.

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Five Conditions of Compliances

1. Existence of relevant international norms

2. Material interests of a major power3. Transnational network activism4. Domestic allies in target states5. Domestic political elites who either

view themselves as being vulnerable internationally or care about their international reputations

Cardenas, 2004, p.219.

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Logic of ViolationThree Closely related

Conditions1. National security threats2. Pro-violation constituencies (for

example, members of the coercive apparatus and domestic economic elites)

3. Rules of exception (i.e. certain legal and belief systems, which support oppressive institution)

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Policy ImplicationsInternational threats and coercive

sanctions as security threats could aggravate the N.K.H.R. situation.

Economic development is the sine qua non of the amelioration of H.R. situation.

A first step for N.K. is creating material and moral conditions necessary for the rise of civil society.

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Experiences ofSouth Korea and China

• The policy of “pushing violations” is more effective than that of “pulling compliance”.

• South Korea: diminution of security threats, economic development, civil movement, and democratization

• China: economic reform, open door policy, economic development, and amicable foreign policy

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CRITICAL ASSESSMENTCRITICAL ASSESSMENT

Of U.S. Human Rights Of U.S. Human Rights Policy toward North KoreaPolicy toward North Korea

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Bush Administration’s Policy

To raise the tone of criticism and international pressures toward the N.K.H.R. situation.

To connect the issue of H.R. with a settlement of nuclear conflict and an improvement of diplomatic relations.

To have established a law called the “N.K.H.R. Act of 2004” that directly influences the N.K. domestic situation.

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Types of Human Rights Policy

CONJUNCTION

DISJUNCTION

SANCTION/INTERVENTION

TYPE I TYPE II

AID/DIALOGUE

TYPE III TYPE IV

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WEAKNESS 1WEAKNESS 1

Inconsistency between policy objectives

- Security or Human Rights? - We are not sure if security-based and

human-rights based policies can go together.

- The U.S. seems to take advantage of the N.K. human rights situation in order to justify the hawkish policy toward N.K.

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WEAKNESS 2WEAKNESS 2 Inconsistency between end

and means - Hawk engagement is not suitable to

improve the N.K.H.R. situation. - Without diplomatic relations,

expressing hostile intention will result in negative consequences.

- To spread radios and facilitate North Korean’s acquisition of refugee status in the U.S. may be a security threat to N.K.

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WEAKNESS 3WEAKNESS 3 Misconceptions of situation,

process, and human rights - The U.S. thinks of the human rights

problem as an issue separated or separable from the general situation of N.K.

- The long process of compliance requires consistency and patience of policy.

- The Bush Administration has a narrowly defined understanding of human rights.

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POLICY ALTERNATIVEPOLICY ALTERNATIVE

Principles and MeasuresPrinciples and Measures

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Comprehensive and Practical Comprehensive and Practical ApproachApproach

Principle 1: Structural and Historical Approach to the N.K.H.R. Situation

=> Economic Restoration and DétentePrinciple 2: For reasons of emergency,

more urgent consideration should be given to the subsistence rights.

Principle 3: A pragmatic approach, i.e. “ a constructive step-by-step approach”

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MeasuresMeasuresMeasure 1: To begin real negotiation

with N.K. and to separate security issues from human rights problem.

Measure 2: To increase humanitarian assistance and to let international actors offer more economic aids to N.K.

Measure 3: To accept the concept of “division of roles” and to permit international human rights actors to do their jobs.

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Criticism of Hazel SmithCriticism of Hazel SmithBy introducing policy initiatives based on ostensibly humanitarian principles but designed to be rejected by Pyongyang, combined with security demands that would in effect mean a voluntary dismantling of what North Korea considers is its only negotiating card, the U.S. administration is able to avoid negotiation while appearing to act in good faith. … Unfortunately, the idea that the use of coercion instead of persuasion, and rhetoric rather than reality, will bring security to the Korean Peninsula is mistaken. Smith, 2004, p.45.