The National Human Rights Commission of Korea (NHRCK) declared its position on the North Korean human rights issue on December 12, 2006 by announcing " the NHRCK" s Stance on North Korean Human Rights Issues," which had been adopted at a Plenary Committee meeting the preceding day.
Based on the two premises of the universality of human rights and the promotion of peace on the Korean peninsula, the announcement not only presents the South Korean government with a basic approach and policy direction toward the issue of North Korean human rights, but also lays down the role the NHRCK should play to improve the human rights situation of North Koreans.
△ The Background of the Announcement
Since 2003, NHRCK has made multifaceted efforts to identify the situation of North Korean human rights violations. It had performed fact-finding surveys, conducted field work abroad, and listened to the voices of a broad range of experts. These experts included scholars, related organizations, relevant authorities, and over 10 foreign ambassadors to South Korea. The Commission also launched a Special Committee on North Korean Human Rights Issues, composed of five commissioners (chair: Ms. Young-Ae Choi, a standing commissioner), to formulate its stance on North Korean human rights issues. The formation of the Special Committee was based on a announcement adopted at the 26th Plenary Committee meeting in December last year. The Special Committee has since carried out 21 rounds of reviews. And finally on December 11, 2006, the Plenary Committee deliberated on and adopted " the NHRCK" s Stance on North Korean Human Rights Issues."
△ The Announcement" s Structure and Content
" The NHRCK" s Stance on North Korean Human Rights Issues" mainly comprises three parts: the background of the announcement; the grounds for and scope of the announcement; and the recommended approach and policy toward North Korean human rights issues.
Among others, the NHRCK does not limit the scope of " North Korean human rights" to the human rights of North Korean who live in North Korea (hereinafter referred to as " human rights in North Korea" ). Rather, the Commission" s definition of North Korean human rights embraces the human rights of North Korean refugees living in South Korea and other nations. The concept also includes human rights related to such inter-Korean humanitarian issues as separated family members, South Koreans abducted by the North, and South Korean soldiers captured by the North mainly during the Korean War (POWs). Furthermore, the Commission confirms through the announcement that the issue of North Korean human rights should be addressed in a peaceful and systematic manner based on an in-depth understanding of North Korean society and human rights as well as a sound perception of the stern reality on the Korean peninsula.In dealing with North Korean human rights, especially " human rights in North Korea" , the NHRCK looks at three related aspects: the principle of the universality of human rights, the special nature of the inter-Korean relations, and the South Korean government" s responsibility to address the issue of North Korean human rights. First, in light of the principle of the universality of human rights, the international community may ask a country that fails to protect universal human rights in its territory to take corrective actions. However, the uniqueness of the relationship between South and North Korea should be taken into account in addressing the situation of North Korean human rights. Finally, the Commission finds that international law and the Constitution of the Republic of Korea provide the legal grounds for the South Korean government" s efforts to improve North Korean human rights. The NHRCK also concludes that they also lay down the South Korean government" s obligation to do so.
However, notwithstanding Article 3 of the constitution (Article 3 [Territory] The territory of the Republic of Korea shall consist of the Korean peninsula and its adjacent islands.), the stark reality on the Korean peninsula limits the role that the Commission can play in terms of scope and legal grounds as Articles 4 (Article 4. [Scope of Application] This Act shall apply to all citizens of the Republic of Korea and all foreigners residing therein.) and 30 (Article 30. [Matters Subject to Investigation of Commission]) of the National Human Rights Commission Act of the Republic of Korea are construed in a way that the Commission is not supposed to pursue activities against human rights abuses committed in North Korea" s territory where the South Korean government cannot exercise effective jurisdiction. That is why the Commission deems that human rights violations committed in North Korea cannot be included within the scope of NHRCK investigative activities. Yet, the Commission holds that there are exceptions. South Korean POWs captured by North Korea, South Koreans abducted by North Korea, separated families, and North Korean refugees living in South Korea are the exceptions. In such cases the victims are citizens of the Republic of Korea, and thus the Commission may address individual human rights cases involving such victims.
△ Recommended Basic Approach and Policy Direction Toward North Korean Human Rights
The NHRCK confirms through the announcement that an approach based on the following principles should be employed to improve North Korean human rights:
(1) With regard to the improvement of North Korean human rights, the universality of human rights, which has been advanced through the international community" s diverse efforts, should be respected;
(2) Peace on the Korean peninsula is directly related to the right of the residents of South and North Korea to live a peaceful life, and thus North Korean human rights should be improved through peaceful means;
(3) Discussions on and the approach to the issue of North Korean human rights should be directed toward the practical improvement of the North Korean human rights situation; and
(4) In dealing with the issue of North Korean human rights, the government and civil society should provide each other with critical advice and collaborate with each other so that activities on both the governmental and civic levels may be carried out in a complementary and cooperative manner.
Regarding the issue of North Korean human rights, the Commission presents a policy direction with the following five elements based on the aforementioned principles:
First, the government should make practical efforts to improve North Korean human rights by strengthening its cooperative relationship with the international community. The government should make active efforts to alert the international community to the need for more discerning wisdom in addressing the issue of North Korean human rights, taking into consideration the principle of the universality of human rights and the unique nature of the inter-Korean relations.
Second, the government should separate humanitarian support for North Korean residents from political issues and press ahead with projects to extend humanitarian assistance to North Korean residents in a way that promotes their right to survival. To that end, the government needs to implement such measures as a monitoring system to ensure transparency in the process of distributing humanitarian aid. At the same time, the government should strive to formulate more fundamental solutions to resolve the chronic food shortage in North Korea.Third, along with active diplomatic efforts to improve the stark human rights reality in which North Korean refugees abroad are placed, the government should pursue institutional measures to protect their human rights, e.g., the placement of more personnel with responsibility. Furthermore, it should also lay out a systematic and active solution to protect the human rights of South Korean residents who were previously North Korean refugees.
Fourth, the government should take more specific actions to resolve such humanitarian issues as separated families, South Korean POWs, and South Koreans abducted to the North. Regarding such issues, the government should sit at the negotiating table with North Korea with no conditions in an effort to heal the wounds and pain of all the victims related to those issues. It also needs to take institutional and practical measures, e.g., assignment of more personnel with responsibility, to compensate the victims for their physical and emotional damage and to rehabilitate their compromised reputation.
An effort to improve North Korean human rights should be based on facts to ensure effectiveness, as unconfirmed information may distort the issues of North Korean human rights. Thus, finally, the government should identify the status of North Korean human rights through objective and thorough information gathering, surveys and evaluation.
The Commission, with regard to the improvement of North Korean human rights, will review existing government policies related to North Korean human rights. It will also perform policy-related activities, e.g., issuing recommendations and expressing opinions, on such policies. In addition, the NHRCK will bolster its exchanges and cooperation with international human rights organizations as well as domestic and foreign NGOs. Moreover, the Commission will continuously develop a broad range of activities continuously to improve the North Korean human rights situation, including fact-finding surveys and policy research on a range of North Korean human rights areas. Such areas refer to human rights practices in North Korea; the human rights status of North Korean refugees overseas; human rights issues related to South Korean POWs, South Koreans abducted to the North and separated families; and the advancement of the human rights of South Korean residents who were formerly North Korean refugees.
