1 . The Unique Characteristics of the System and Human Rights
A. G rowing Pressure on North K orea to Improve Human Rights
human rights as a universal value. To justify the monopoly of power by a specific person or a group of persons and to deny fundamental human
three years (2003, 2004, 2005), the UNCHR has adopted the “Resolution on Human Rights Situation in North Korea.” In addition, the 60th UNCHR meeting in 2004 has stepped up the pressure by appointing a
“special rapporteur” on human rights in North Korea, who is responsible for reporting about the situation to the UN General Assembly and the UNCHR. The 61st UNCHR meeting in 2005 has extended the term of office of the rapporteur by one year and called upon North Korea to open doors for him and allow him free inspection activities.
However, North Korea has reacted hostilely to these calls of the international community, arguing that the resolutions were politically motivated and were part of an attempt to bring down the Kim Jong-il regime. Currently, the most pressing issue in the region is to secure peace and stability on the Korean Peninsula through a peaceful resolution of the nuclear issue. Since the nuclear issue is directly related to world peace and the stability of Northeast Asia, a stable management of the situation is critically important for all parties concerned. For this reason, the South Korean Government is pursuing a prudent policy through which it hopes to bring about improved inter-Korean relations and the relaxation of tension on the Korean Peninsula. Public calls by South Korea for the improvement of human rights in North Korea could backfire without significant practical impact, and worsen inter-Korean relations. South Korea’s policy priority should be on the maintenance of peace and stability on the Korean Peninsula.
The South Korean Government believes that human rights should be promoted as a universal value, and it has expressed concerns about the human rights situation in North Korea. However, the government has been criticized for its passive behavior at the United Nations and UNCHR meetings when it repeatedly did not participate in, or abstained from, the process of adopting the North Korean human rights resolutions.
The South Korean Government policy of “four principles” on North Korean human rights is designed on a more realistic level to improve,
through inter-Korean reconciliation and cooperation, the human rights of North Koreans. South Korea has repeatedly made clear that it will actively cooperate with the international community in a concerted effort to improve the human rights situation in North Korea. The South Korean Government, through its “explanations on voting (EOV)”at both UN and UNCHR forums, has stated that it was not taking a by-stander’s position on the North Korean human rights issue, and that it also has called upon North Korea to make serious efforts to improve the human rights situation through dialog and cooperation with the UN and the international community.
The South Korean Government has also focused on a realistic policy for improvement of human rights in North Korea. It has actively provided urgent and pragmatic support measures to help out the North Koreans’ most serious needs, including grains, fertilizer and medical equipment, and to prevent starvation and alleviate food shortages that threaten the North Koreans’ most critical human right, the right to survival. Even though there is some criticism about the manner of the assistance extended to North Korea, the South Korean Government continues to respond favorably to North Korea’s requests for assistance, in order to continue the “separated family reunion”projects and to resolve the issues of abducted South Koreans and POW/MIAs. The South Korean Government continues to admit to South Korea the North Korean defectors who ask for protection to enable them to stay abroad. These efforts of the South Korean Government received highly favorable comments formfitting Muntarbhorn, the UN special rapporteur on North Korean human rights, when he visited South Korea in November 2005.
In his reports to the 61st UNCHR meeting (Mar. 29, 2005) and the 62nd UNCHR meeting (Aug. 29, 2005), Vitit Muntarbhorn, the UN special rapporteur, has given a generally negative assessment of the human rights situation in North Korea. Sharply criticizing serious
violations of the right to life, as well as limitations of liberal rights, the special rapporteur has emphasized that these were clearly the responsibility of the North Korean Government. He then called upon international cooperation for immediate action to improve the situation.8 The Special Rapporteur, in his “6-point human rights proposal,”has called for the following. (1) North Korea must fulfill the terms of all human rights treaties it has signed. (2) North Korea is encouraged to accommodate various recommendations contained in the special rapporteur’s reports to the UN General Assembly. (3) South Korea should continue its support for the North Korean defectors. (4) The two Koreas should resolve the issue of abducted South Koreans. (5) North Korea should guarantee on-site observations of the distribution of humanitarian assistance materials. (6) North Korea should include human rights improvement measures in its economic development plans.9
The European Union has presented a resolution to the UN General Assembly calling for the improvement of human rights in North Korea and calling upon the North Korean authorities to carry out the terms of the resolutions of UNCHR. This EU resolution was adopted on Dec. 16, 2005. North Korean human rights have now become a pressing issue of the international community. The EU has reminded North Korea of its position and concern about the human rights situation there.
In the absence of visible improvements on the part of North Korea, the United Nations has indicated that it will take up the issue every year; and pressures on the North Korean government will continue to mount.
8Address of Mr. Vitit Muntarbhorn, Special Rapporteur on the Situation of Human Rights in the Democratic People’s Republic of Korea, 29 Mar. 2005, UN Committee on Human Rights, Sixty-first session, Item 9 of the provisional agenda, pp. 1～13.
Also see, “Situation of Human Rights in the Democratic People’s Republic of Korea,” United Nations General Assembly, A/60/150, 29 Aug. 2005.
9The Chosun Ilbo, Nov. 11, 2005.