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North Korea and

► SohHyung Kim
Human Rights
► Alex
► 조은샘
► 장서연
► 배상호 and Human Rights
Globalization
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Introduction to HR in
Contents North Korea

International Legal
Response

Case Studies

Globalization and Human Rights


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Introduction
► Background of dictatorship
► Human Rights Violations in North Korea

SohHyung Kim
Globalization and Human Rights
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International Legal
Response #1
► Response of UN
► The Commission of Inquiry on North Korea

Alex
Globalization and Human Rights
1971 2005
SK is
recognized by the UN North Korea & Commission of
➝ SK participated in South Korea were Inquiry on Human
the UN since then as admitted to the UN Rights in the DPRK
an observer

UNGA
adopted resolution
NK gained to condemn the HR
observer statues situation in NK
➝ 21 resolutions have
been made

1948 1991 2013

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Globalization and Human Rights
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Resolutions of the UN and its effects

► 5 resolutions during the Korean War


► 1991 resolution against NK accession to membership in the UN
► Several resolutions against NK missile and nuclear program

► As a result, several economic sanctions been made against NK


▪ Pursue for denuclearization
(not as related to HR as to geopolitical power or interests)

► The efforts of the UN more focused on the reduction of the NK nuclear


threat rather than to solving the human rights vulnerability of the NK
citizens or foreign visitors to the country.

Globalization and Human Rights


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2013 Meeting for the Inquiry of HR in DPRK

► Regarding testimonies from defectors


► Regarding the Japanese citizens abducted by NK
► Investigators where denied access to NK
► The NK gov. accused of being involved in systematic, widespread and
gross human rights violations (allegations of crimes against humanity)
► The UN voted to refer NK to the International Criminal Court for Crimes
against humanity in 2014
► Position of NK:
Under the Juche idea, NK human rights theory regards rights as conditional
➝ collective rights take priority over individual rights
► NK released its own DPRK Association for Human Rights Studies
► Agreed to implement 113 of the 268 recommendations to improve HR performance

Globalization and Human Rights


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Report Findings of Commission of Inquiry in NK #1

► Violations
• Thought, expression, religion
• State's monopoly of thought
• No competing ideas or organizations
• Harsh Enforcement
• Seepage of foreign media
► Discrimination
• State policy of social classes
• Discrimination of women
► Movement and residence
• Residence
• North-South family reunions
• Domestic and international travel
• Trafficking of women and violence against children
Globalization and Human Rights
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Report Findings of Commission of Inquiry in NK #2

► Food
• States monopoly over food distribution
• Structural deficiencies
• Obstruction of humanitarian aid

► Arbitrary detention, torture, executions & prison camps

► Abductions & enforced disappearances from other countries


• Korean war abductees
• Denial of repatriation of prisoners
• Foreign citizens abductions

Globalization and Human Rights


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North Korean Answer

► Under the Juche idea, NK human rights theory


regards rights as conditional rather than
universal
→ Collective rights take priority over individual rights

► NK released its own DPRK Association


for Human Rights Studies

► NK agreed to implement 113 of the 268


recommendations to improve human rights
performance

Globalization and Human Rights


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Conclusion of UN perspective

► UN
(UN Human Rights Council & UN Commission
of Inquiry on Human Rights) acknowledges
and condemns human rights violations in NK

► The economic sanctions are directed more towards


denuclearization and reduction of missile threats
rather than to the reduction of human right
violations.

Globalization and Human Rights


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International Legal
Response #2
► Response of NGOs

조은샘
Globalization and Human Rights
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Roles of NGOs

► Collecting information

► Raising awareness

► Working directly with victims

Globalization and Human Rights


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Roles of NGOs

► Unearth verifiable information about North Korea’s overall


human rights situation
• Satellite images
• Testimonies
► Collecting information
► Governments and the UN rely on information by NGOs
► Raising awareness
► E.g. Data Base Center for North Korean Human Rights
► Working directly with victims

Globalization and Human Rights


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Roles of NGOs

► Citizens’ Alliance for North Korean Human Rights


• Concerts, art exhibitions, seminars, meetings in Korea & abroad

► Christian Solidarity Worldwide


► Collecting information • “North Korea: A Case to Answer, A Call to Act” (2007) report

• Concluded that the North Korean regime is committing crimes


► Raising awareness against humanity
• Called on the UN to establish a Commission of Inquiry to
investigate
► Working directly with victims
• Formed the International Coalition to Stop Crimes Against
Humanity in North Korea
Globalization and Human Rights
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Roles of NGOs

► Material assistance

► Richardson Center
• Works to free Americans held by criminal organizations &
► Collecting information hostile regimes

► Raising awareness ► Lawyers for Human Rights and Unification of Korea


• File complaints over North Korea’s abuse of POW during the
► Working directly with victims Korean War

Globalization and Human Rights


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Challenges of NGOs

► Denies human rights abuses

► Lack of resources

► Severely restricted, influenced by the international political environment,


expelled, cannot reside in North Korea

► No change in the right to freedom of religion

► Reduced number of North Korean defectors

Globalization and Human Rights


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Positive Effects of NGOs

► Raised awareness → influenced states and the UN

► Work with different actors


• Richardson Center – US government
• NGA – NGOs
• North Korea Freedom Alliance

► Anecdotal evidence
• 2009 “human rights” was included in North Korea’s constitution
• Less severe abuses in prison

Globalization and Human Rights


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Case Study #1
► Otto Warmbier

장서연
Globalization and Human Rights
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Brief Outline of Otto Warmbier Case

► Accused of “hostile act” and attempt to hurt working class

► Detention period: Jan 2016-Jun 2017 (527 days)

► Sentenced 15 years of hard labor

► OW confessed he plotted to steal the propaganda banner from his hotel


for a Methodist church & Z Society, which had links with the CIA

► Fell into coma from sleeping pill and botulism

► Released as a “humanitarian gesture” from North Korea

Globalization and Human Rights



"I never, never should have allowed myself to be lured by the United States
administration to commit a crime in this country,”

"I wish that the United States administration never manipulate people like
myself in the future to commit crimes against foreign countries.”

From Otto Warmbier’s confession, 2016.

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Globalization and Human Rights
“The timing of this sentence, amid increasing
international tension, calls into question the
motivation behind the proceedings.” Was the
Arnold Fang, Amnesty International arrest
justifiable?

Violation of Scripted
-The right to a fair trial (Article 14)
ICCPR Confession?
-The right to be treated with humanity, dignity and
respect while in detention (Articles 7 and 10).
ICCPR

“His ordeal could have been prevented had he not


been denied basic entitlements when he was
arrested, such as access to consular officials and
representation by an independent legal counsel of Sufficient Kangaroo
his choosing” Evidence? Court?
Tomás Ojea Quintana, UN Special Rapporteur

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Globalization and Human Rights
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CCTV Footage

► Korean Central News Agency


provided low resolution
CCTV footage.

► Hotel staff reported missing


poster the next day she
returned to work

Globalization and Human Rights


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UN Security
Possible Options for Council refer
International Justice situation to
International
Criminal Court

Prosecute for
Treaty
Violation

UN Security Council
establish
Ad Hoc Tribunal

Globalization and Human Rights


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Case Study #2
► North Korean Refugees

배상호
Globalization and Human Rights
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NK Intelligence Command Spy Incident

► Involves NK refugee Hong Kang Chul (HKC)

► On March 2014, NIK accused HKC of espionage directed by NK


Intelligence Command

► NIK confirmed that HKC “acknowledged” his spy activities


& the media publicized this

► Few months later, the court found HKC innocent despite his confession

Globalization and Human Rights


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Why proven innocent?

► HKC’s confession stands as the only evidence

► Yet, HKC’s testimony was filled with inconsistencies


& peculiarities

► Major problems with the investigation &


interrogation

Globalization and Human Rights


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Joint Interrogation Center

► NK Refugee Protection Center

► A subordinate department of the NIK created in 2008

► All NK refugees must be interrogated under this department

► Series of human rights violations occur

Globalization and Human Rights


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Hong Kang Chul’s Case Main Issue

► This is not limited to HKC

► Other refugees also experience discrimination


in interrogation & daily lives

► Isolated from public, solitary confinement


► Problems persist in
• Government level
► Prohibited from consulting lawyers
• Public level
► Physical and verbal abuse

► Coerced to forge statements

Globalization and Human Rights


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Problems persist in

► Governmental Level ► Those who carry out these problematic interrogations are not punished

► Public Level ► Overly open interpretation of the National Security Act


(renounces any action made through broad interpretation and thereby
violates basic human rights)

► While agreeing to provide basic subsidies for NK refugees,


the South Korean government has yet to organize national foundations
for NK refugee human rights

Globalization and Human Rights


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North Korea
Human Rights Act

► The Act came to effect in 2016

► Almost 12 years after the United States

► Almost 10 years after Japan first signed theirs

► Deeply embroiled in politics

► Progress is remarkably slow

Globalization and Human Rights


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Problems persist in

► Governmental Level

► Public Level ► Has sufficient awareness of HR violations but most feel no urgency

► Mostly indifferent to human rights violations experienced by refugees

► Continue to discriminate North Korean refugees

Globalization and Human Rights


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Possible solutions

► The two Koreas still at war → complicates Human Rights issues

• Expanding the passive department of Database for NK Human Rights


to a more active NK Human Rights Foundation

• Individuals try to put aside animosity for & discrimination against


NK refugees

Globalization and Human Rights


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Conclusion
► Discussion Questions

Globalization and Human Rights



“Systematic, widespread and gross human rights violations
have been and are being committed by the
Democratic People’s Republic of Korea, its institutions and officials”.

“The gravity, scale and nature of these violations reveal a State


that does not have any parallel in the contemporary world”.

The Commission of Inquiry by the UN Human Rights Council (2014 report)

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Discussion Questions
Q1. Does the international community have a responsibility to act
to stop human rights violations in North Korea?

Q2. There are concerns that aid given to NK is used wrongly by the Kim regime.
At the same time, reports show that citizens are suffering due to sanctions.
How should this dilemma be solved?

Q3. In the recent South and North Korea Summit, Kim Jong Eun mentioned
NK defectors for the first time. What is the significance of this
& do you think issues revolving NK refugees may finally
come to an end or undergo major changes?

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Thanks!
Any questions?

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Globalization and Human Rights

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