Showing posts with label southkorea. Show all posts
Showing posts with label southkorea. Show all posts

3/21/2016

English Translation of South Korea's North Korean Human Rights Act


North Korean Human Rights Act
Law No. 14070
Enacted: Mar. 3, 2016, Entry into force: Sept. 4, 2016

Article 1 (Purpose)
The purpose of this Act is to contribute to the protection and improvement of North Koreans’ human rights by pursuing the rights to life and liberty as defined in international human rights treaties, including the United Nations’ Universal Declaration of Human Rights.

Article 2 (Basic Principles and Responsibilities of the State)
(1) The State shall acknowledge that the North Korean people have the right to human dignity and to pursue happiness, and shall endeavor to promote the protection and improvement of North Koreans’ human rights.
(2) The State, while promoting the protection and improvement of North Koreans’ human rights, shall also endeavor to develop inter-Korean relations and work towards peace on the Korean Peninsula.
(3) The State shall consistently provide sufficient financial resources to promote the protection and improvement of North Koreans’ human rights.

Article 3 (Definitions)
The term “North Korean,” as used in this Act, means persons who reside in the area north of the Military Demarcation Line, and have formed the basis of their livelihood—including immediate family members, spouses, or workplace—in that area.

Article 4 (Relationships with other Acts)
In endeavoring to promote the protection and improvement of North Koreans’ human rights, this Act shall apply except in cases where there are special provisions in the Inter-Korean Exchange and Cooperation Act, Inter-Korean Cooperation Fund Act, and Development of Inter-Korean Relations Act.

Article 5 (North Korean Human Rights Advisory Committee)
(1) The North Korean Human Rights Advisory Committee (hereafter “the Committee”) shall be established under the Ministry of Unification for the purpose of deliberating on policies to promote North Koreans’ human rights.
(2) The Committee shall be composed of ten or fewer members recommended by the National Assembly, and the chairperson shall be elected by and from the members. In selecting the Committee members, the negotiating body of the current or former party of the incumbent President shall recommend one half of the members, and the negotiating bodies of other parties shall recommend one half of the members. Committee members shall be commissioned by the Minister of Unification.
(3) Necessary matters concerning the composition and management of the Committee shall be prescribed by Presidential Decree.

Article 6 (Basic Plan for the Promotion of North Koreans’ Human Rights and Implementation Plan)
(1) The Minister of Unification shall formulate a basic plan to promote the protection and improvement of North Koreans’ human rights (hereafter “basic plan”) every three years in consultation with the head of relevant central administrative agencies and the Committee. A basic plan shall include the following matters.
  1. Research on human rights conditions in North Korea 
  2. Measures to protect and improve North Koreans’ human rights, including, but not limited to, inter-Korean human rights dialogue and humanitarian assistance 
  3. Other matters deemed necessary for protecting and improving North Koreans’ human rights, as determined by Presidential Decree 
(2) In accordance with the basic plan, the Minister of Unification shall formulate every year an implementation plan (hereafter referred to as “implementation plan”) in consultation with the Committee.
(3) Once the basic plan and implementation plan have been formulated, the Minister of Unification shall inform the National Assembly without delay.

Article 7 (Promoting Inter-Korean Human Rights Dialogue)
(1) The Government shall pursue inter-Korean human rights dialogue regarding important matters in promoting the protection and improvement of North Koreans’ human rights.
(2) Necessary matters regarding the appointment of the representatives participating in inter-Korean human rights dialogue shall be governed by Article 15 of the Development of Inter-Korean Relations Act, with the necessary modifications.
(3) Other necessary matters in pursuing inter-Korean human rights dialogue shall be prescribed by Presidential Decree.

Article 8 (Humanitarian Assistance)
(1) The State shall observe the following matters when providing humanitarian assistance to the North Korean authorities and North Korean agencies for the purpose of promoting the protection and improvement of North Koreans’ human rights.
  1. The distribution of assistance shall be conducted transparently and in compliance with internationally recognized standards. 
  2. The most vulnerable groups, including children and pregnant women, shall be prioritized in the provision of assistance. 
(2) The State shall endeavor to ensure that humanitarian assistance delivered by private organizations observes the conditions stated in the sub-clauses of clause (1).

Article 9 (International Cooperation to Promote North Korean Human Rights)
(1) The State shall cooperate with foreign governments, international institutions, international organizations, and other entities with regards to people-to-people exchanges and information sharing in promoting the protection and improvement of North Koreans’ human rights, and shall endeavor to raise international attention towards promoting human rights in North Korea.
(2) In accordance with clause (1), the Ministry of Foreign Affairs may appoint an Ambassador-at-large for Human Rights in North Korea (hereafter “Ambassador for International Cooperation on North Korean Human Rights”) to promote international cooperation for promoting human rights in North Korea.
(3) Necessary matters concerning the Ambassador for International Cooperation on North Korean Human Rights, including duties and qualifications, shall be prescribed by Presidential Decree.

Article 10 (Establishment of North Korean Human Rights Foundation)
(1) The Government shall establish the North Korean Human Rights Foundation (hereafter “the Foundation”) to investigate human rights conditions in North Korea, and to conduct research and develop policies on matters related to promoting the protection and improvement of North Koreans’ human rights, including inter-Korean human rights dialogue and humanitarian assistance.
(2) The Foundation shall be an incorporated body, and it shall be duly formed once it is registered at the physical location of its main office.
(3) The Foundation shall conduct the following projects, and each project may be managed by a specialized body.

1. Projects to promote the protection and improvement of North Koreans’ human rights, including inter-Korean human rights dialogue:
A. Investigation and research on human rights conditions in North Korea
B. Formulating and recommending policy options for the Government on issues including inter-Korean human rights dialogue
C. Other projects reviewed by the Committee and assigned by the Minister of Unification
D. Providing support to civic society organizations necessary for conducting the above projects

2. Projects to promote the protection and improvement of North Koreans’ human rights, including humanitarian assistance:
A. Investigation and research on the need for humanitarian assistance in North Korea
B. Formulating and recommending policy options for the Government regarding humanitarian assistance to North Korea
C. Other projects reviewed by the Committee and assigned by the Minister of Unification
D. Providing support to civic society organizations necessary for conducting the above projects

(4) Other necessary matters concerning the establishment of the Foundation shall be prescribed by Presidential Decree.

Article 11 (Operation of the Foundation)
(1) Funds for the Foundation’s operation shall be drawn from the following.
  1. Contributions by the government
  2. Other income
(2) The Foundation may accept voluntarily donations with the approval of the Minister of Unification, provided that such donations are used for purposes within the scope of the Foundation’s activities, notwithstanding the provisions under Article 5.2 of the Act on the Collection and Use of Donations.
(3) The Minister of Unification shall manage and supervise the Foundation.
(4) If deemed necessary for the Foundation to achieve its objectives, the Minister of Unification may request the heads of relevant agencies to send to the Foundation public officials belonging to such agencies.
(5) Unless otherwise prescribed by this Act, the provisions of the Civil Code concerning incorporated foundations shall apply in regard to the Foundation, with the necessary modifications.
(6) Other necessary matters concerning the management and supervision of the Foundation and the process for accepting donations shall be prescribed by Presidential Decree.

Article 12 (Composition of Foundation Board Members)
(1) The Foundation shall have not more than twelve board members, including a president. The board shall be composed of individuals recommended by the National Assembly, including two board members recommended by the Minister of Unification. In recommending the board members, the negotiating body of the current or former party of the incumbent President shall recommend one half of the members, and the negotiating bodies of other parties shall recommend one half of the members. The board members shall be appointed by the Minister of Unification.
(2) With the exception of the president and other full-time members as designated by the articles of association, the board members will serve in a part-time capacity.
(3) The president shall be elected from among the board members. The term for the president and the executives shall be three years, and all board members may be re-appointed once. The term of ex officio board members shall be the term of their office.
(4) Other necessary matters concerning the selection of board members for the Foundation shall be prescribed by Presidential Decree.

Article 13 (Database Archive for North Korean Human Rights)
(1) The Ministry of Unification shall establish the Database Archive (hereafter “the Archive”) for North Korean Human Rights to collect and record information related to human rights conditions in North Korea and promoting the protection and improvement of North Koreans’ human rights.
(2) The Archive shall conduct the following activities and collect, research, document, and publish information and other materials.
  1. Matters related to investigating and researching the human rights situation of the North Korean people
  2. Matters related to South Korean prisoners of war, abducted South Korean citizens, , and separated families
  3. Other matters as reviewed by the Committee and deemed necessary by the Minister of Unification
(3) The activities listed under clause (2) may be entrusted to external institutions. For this purpose, financial support may be provided within the scope of the budget.
(4) The Archive shall have a director appointed or commissioned by the Minister of Unification. The director shall be chosen from among senior government officials or civilian experts who have extensive knowledge and experience in the area of human rights in North Korea.
(5) The materials collected and documented by the Archive shall be transferred every three months to the Ministry of Justice, under which a specialized body shall be established for the purpose of preserving and managing such records.
(6) Other necessary matters concerning the composition and management of the Archive shall be prescribed by Presidential Decree.

Article 14 (Cooperation with Relevant Institutions)
(1) In conducting tasks that aim to promote the protection and improvement of North Koreans’ human rights, the Minister of Unification may, as deemed necessary, request administrative agencies, public institutions, and relevant individuals to submit information, provide testimony, and provide other forms of cooperation necessary to policy implementation.
(2) The heads of administrative agencies or public institutions and relevant individuals shall, upon receiving requests under clause (1), comply with such requests in the absence of any specific reasons to the contrary.
(3) The heads of relevant central administrative agencies and local governments who seek to enact or amend an Act or ordinance related to the activities proscribed under this Act shall notify the Minister of Unification thereof.

Article 15 (National Assembly Report)
(1) In addition to the basic plan and implementation plan, the Minister of Unification shall give an annual report to the National Assembly before the beginning of the regular session regarding the following matters.
  1. Human rights conditions in North Korea
  2. Degree of progress and results pertaining to efforts to promote the protection and improvement of North Koreans’ human rights
  3. Formulation of plans regarding South Korean prisoners of war, abducted South Korean citizens, and separated families, and degree of progress in the implementation of such plans
  4. Evaluation of projects referred to in sub-clauses 1 to 3, as conducted by the government, central administrative agencies, and local governments
  5. Other matters as deemed relevant by the Minister of Unification
(2) In relation to reports referred to in clause (1), the National Assembly may, when deemed necessary, request rectification or improvement.

Article 16 (Application of Penal Provisions relating to Public Officials)
In the performance of their duties, the executives and staff members of the Foundation may be considered public officials subject to Article 127 and Articles 129 through 132 of the Criminal Code.

Article 17 (Penalty Provisions)
Any person who receives financial support under this Act by fraudulent or other illegal means shall be punished by imprisonment for not more than three years or by a fine not exceeding thirty million won.


Addenda (No. 14070, March 3, 2016)


Article 1 (Entry into force)
This Act shall enter into force six months after the date of its promulgation.

Article 2 (Preparation for Establishment of the Foundation)
(1) The Ministry of Unification shall appoint a founding committee of not more than seven individuals within thirty days of the promulgation of this Act, so that they may execute tasks related to the establishment of the Foundation.
(2) The founding committee shall prepare the articles of association of the Foundation and obtain authorization from the Minister of Unification. Once this authorization has been received, the founding committee shall complete without delay the registration of the Foundation through joint signatures.
(3) As soon as the registration has been completed, the founding committee shall hand over its affairs without delay to the president of the Foundation, and thereafter, the members of the founding committee shall be deemed to have been released from commission.
(4) Expenses incurred in relation to establishing the Foundation shall be borne by the State.


Translated by Hyebin Jeon, HRNK Research Intern

Edited by Raymond Ha, HRNK Office Manager and Outreach Coordinator

3/08/2016

An HRNK Interview with Robert Collins, Author of "Pyongyang Republic: North Korea's Capital of Human Rights Denial"


Q1: What was your motivation to be a leader on North Korean human rights?

Robert Collins: When I decided to retire from the army six years ago, I felt that my knowledge could be useful in writing materials that would contribute to an overall understanding of how North Korea makes its decision and to how they carry out their policies. And so, since retirement, I’ve just continued with what the army taught me to do over those decades at the end of the 20th century and doing it unilaterally. And now I’m doing it in support of HRNK.

Q2: What do you think is the relationship between human rights issues and security concerns for the U.S. – R.O.K. relationship regarding North Korea?

Robert Collins: The deplorable human rights condition of North Korea has a direct impact on their military. They have a million man army that can’t be composed of everybody in the country that is on the positive side of the political classification system—songbun. Many, if not close to half, are recruits—those that receive a denial of human rights through their entire life because they have been classified, socially and politically, as enemies of the state. Therefore, they have grown up with inadequate food, poor education, poor housing, and the opportunities that they receive in the military are very, very limited. Those in the lower songbun classifications can’t become officers. The few that do can’t go past the company grade. And even up until a few years ago, many of the individuals in the North Korean military that were regarded as low songbun—low trust on the political scale—weren’t even allowed to carry weapons because they didn’t trust them.

Q3: What is most striking to you about the structure of the Kim Regime?

Robert Collins: The Organization Guidance Department (OGD) of the Korean Workers Party is the party within the party. It is the center of power, the center of regime governing administration that compels everybody in North Korea to follow supreme leaderism and to follow supreme leader guidance. Every leader is evaluated for their ability to do that and that evaluation comes from the Organization Guidance Department or the OGD. So, it is this organization that compels the regime and the population to carry out all regime orders. For NGOs, when and if they ever have an opportunity to enter North Korea and try to help the North Korean population, they must understand that the front people they are talking to are controlled by the OGD.

Q4: How difficult is it for North Korean defectors to resettle in South Korea?

Robert Collins: The problem is that the two countries have developed a different understanding of societal norms. And so, when North Koreans come to the South, they have a problem adjusting. It’s a severe problem and the South Korean leadership is well aware of it.

Q5: Do you believe that the closure of the Kaesong Industrial Complex will impact human rights policy for North Koreans?

Robert Collins: The closure of the Kaesong Industrial Complex leaves a lot people without a job in North Korea. Tens of thousands of people were employed in that complex so quality of living is going to be severely decreased for those individuals. At the time, that’s not President Pak’s responsibility. Her population is her responsibility. So the issue would be not so much human rights, but overall quality of life is going to deteriorate and there will be no improvement of human rights to try and make that improvement in their quality of life happen in the Kim regime.

Q6: What do you believe is the most compelling human rights issue elucidated from your interviews with North Korean defectors?

Robert Collins: Well, when you do a number of these interviews, you quickly learn that life in North Korea is very, very difficult and much of it is based in sorrow. And during these interviews, it’s compelling to watch the sorrow come out of their life story about how they got from what kind of lives they led in North Korea, how they escaped, and how they came to South Korea. These are very compelling and a lot of sorrow and unhappiness that is related to malnourishment, starving to death of family members, basic denial of human rights, and not even understanding that some of those human rights are denied. And so, over the years, one can see that these stories become even more and more sorrowful or even more and more compelling and sad. That drives one to believe that situations are just getting worse in North Korea for individuals—for populations in North Korea. The quality of life continues to deteriorate in North Korea for those that live in the provinces, particularly those in the northeast.

Q7: Do you see a time when the Kim Regime’s policy of human rights denial is no longer sustainable?

Robert Collins: Yes, as a matter of fact I do. That time would be the fall of the Kim regime. Until that time, the Kim regime will continue to carry out its aggressive policies towards the United States and the Republic of Korea, and at the same time, carry out the human rights denial for the North Korean population. Those go hand in hand. He’s got to—in his mind with the concept of Suryong-jui or supreme leaderism—compel the population to support him personally in not only the survival of the regime, but also in policies that are relevant to peninsula security issues, R.O.K.-U.S. relations, North Korea-U.S. relations, and North-South relations.


Edited by Rosa Park, Director of Programs and Editor

Original transcription by Liz Cheek, HRNK Research Intern

3/01/2016

The Korea Society Featuring HRNK Executive Director Greg Scarlatoiu

The Korea Society
"North Korean Human Rights: Two Years beyond the COI Report"
February 18, 2016


Stephen Noerper: Welcome to the Korea Society. We’re delighted to have you here this afternoon on a very important anniversary—that of the second year since the release of the United Nations Commission of Inquiry (UNCOI) on Human Rights Abuses in North Korea. This is an area that we know many of you in our studio audience here feel very strongly about and we welcome all of our viewers online as well as those listening via podcast or watching the video. We are delighted to have with us Greg Scarlatoiu, who is the Executive Director of HRNK, the Committee for Human Rights in North Korea. And we are absolutely delighted to welcome a member of his Board, Ambassador Winston Lord, who is in our audience today as well.

Before we begin in our discussion with Greg, we wanted to offer a few minutes of commentary from Seoul with a frequent guest to the Korea Society, Ambassador Lee Jung-Hoon, who is the South Korean Ambassador for Human Rights. He was unable to join us physically here today, but is very much with us in spirit and wanted to offer a few comments to kick us off. So, this will be about seven minutes of his thoughts on where we are at two years since the release of the UNCOI. Peter? Thank you.

Peter Stuehmke: Welcome Ambassador Lee. What do you make of the COI anniversary and current state of play?

Ambassador Lee Jung-Hoon: February is a very important month because it commemorates the second anniversary of the Commission of Inquiry report, which really stands as a landmark event. It really changed not only the way the international community views the North Korean human rights issues in a comprehensive way, but also, I would say that it really changed how the North Korean regime also deals and handles the human rights issue. It really, I think, was a game changer and it remains so. I think it’s very good that we’re addressing this second anniversary and really looking at so many things that were addressed by the COI report.

What has been done? And what still needs to be done? It is a very important gauge as to where we stand and what we still need to do as we move forward. We all know that crimes against humanity is one of the four major violations of international law. But the United Nations, after one year of very intensive investigation, has concluded that in North Korea, crimes against humanity are being committed and that this is something that needs to be referred by the Security Council to the International Criminal Court (ICC) so that those people who are responsible and who are committing these crimes against humanity ought to be prosecuted. It is on the agenda of the Security Council. It has been discussed in the most recent Security Council as well. So, we still need to get to the ICC, but I believe that the foundations are still there. And I think it is very important for the international community, whether it’s individuals, NGOS, churches, or whoever it may be, to keep raising these issues so that a lot of the points that have been raised by the COI can be followed up with.

Peter Stuehmke: What of the North Korean response?

Ambassador Lee Jung-Hoon: North Korea is responding to this issue as it’s never done so before—even at the Security Council level. For example, Ri Su-yong, who is the North Korean Foreign Minister who never came to the UN General Assembly for 15 years, all of a sudden shows up at the General Assembly and addresses the General Assembly by giving a speech. And he did that again in 2015. So, two years in a row. We see high ranking North Korean diplomats making rounds in Europe, meeting with, for example, the EU head of human rights, Mr. Lambrinidis. We have incidents of North Korea inviting Special Rapporteur Darusman to North Korea on the condition that he help to take out those conditions of referral to the ICC. This is hitting the core of the North Korean leadership because they know that now the international community is watching over them. For three years, the North Korean human rights issue will remain as an agenda item so that at any time it can be discussed. But just the fact that a North Korean human rights issue sits as an agenda item at the Security Council is a source of very significant pressure on North Korea. It's fully aware now that the UN, not only the General Assembly, but also the Security Council and the wide spectrum of the international community are scrutinizing the human rights conditions in North Korea. Increased pressure on North Korea is making North Korean violators of human rights think twice. And I think that’s a very important first step towards actual improvement in the human rights condition.

Peter Stuehmke: What of the new Seoul UN office on human rights?

Ambassador Lee Jung-Hoon: Just the fact that the field office was set up is a very significant development. The most important function of this office, number one, would be to continue to get testimonies and collection of data of human rights violations so that it can be kept as records for future reference. Just in case that, let’s just say, the issue does get referred to the ICC or if there is finally reunification on the Korean peninsula. There have to be measures to deal with what has happened in the past. It also serves the purpose of gathering people as a venue for discussions and trying to come up with better policies: improvement of relations so that we can actually begin to see improvements in human rights conditions in the North; just the advertisement factor; or just keeping the issue on the radar so that there’s a greater amount of media coverage. It’s very important, I think, to keep sending the message that the world is looking out.

Peter Stuehmke: What of new US sanction legislation?

Ambassador Lee Jung-Hoon: Once this Sanctions Enforcement Act of the US is in place, I think that it will just add to the pressure that North Korea will feel because it is about a secondary boycott. So it’s not just North Korean individuals and companies, but whoever else deals with North Korea will also be subject to sanctions.

Peter Stuehmke: And [South] Korea's human rights legislation?

Ambassador Lee Jung-Hoon: We remain hopeful that it will pass in the next general election. If it does, it will only add to, for example, the funding of a lot of the NGOs that do great work to deal with human rights problems.

Peter Stuehmke: And in closing, international efforts?

Ambassador Lee Jung-Hoon: I believe that there has to be a comprehensive global campaign. For example, what we have seen against South Africa’s apartheid system, where there was really a concerted effort made by the international community to really target South Africa to get rid of this system of constitutional segregation. And the sanctions, of course, applied to sports, culture, financial investments, and so on. I believe that it will take that kind of concerted effort by the international community to make a dent.

Peter Stuehmke: Thank you, Ambassador Lee.

Ambassador Lee Jung-Hoon: I hope you continue with this effort and I thank the Korea Society for all that you do. Thank you.

Stephen Noerper: And we really do thank Ambassador Lee for taking the time for that. And I’d like to thank Nikita Desai and Peter Stuehmke, part of our staff, for putting all of that together. Thank all of you for your attention.

Greg, we are honored to have you here. You are both a nationally and internationally recognized expert in this area. Your service with HRNK is remarkable as Executive Director and we’re so very pleased to have you on the stage of the Korea Society. Welcome.


What in this very eloquent and concise summary that Ambassador Lee has shared with us grabbed you the most?

Greg Scarlatoiu: Steve, first and foremost, the honor is all mine. Delighted to be here with you today and delighted that Ambassador Winston Lord is in the audience. Ambassador Lee Jung-Hoon visited all of the key points pertaining to the UNCOI and implementation of the UNCOI recommendations. I was extraordinarily impressed with his remarks about the need for a campaign on par with what was done to do away with South Africa’s apartheid. Many of us may have been under the wrong impression that North Korea was one of the most sanctioned countries in the world. It is not. And the sanctions regime as it stands today only addresses counter-proliferation—efforts to counter the proliferation of North Korean nuclear and missile technology. It has nothing—absolutely nothing—to do with North Korea’s crimes against humanity or egregious human rights violations. Now, HR 757, the North Korea Sanctions Enforcement Act, will be most likely—surely I would say—signed by President Barack Obama. This is a piece of legislation that factors in human rights concerns. This is going to be a first. This is a very important part of the story if implementation is adequate and if others participate in implementing these sanctions.

A second point that I would like to make is that yes, a campaign on par with what was done to do away with South Africa’s apartheid is important and if we are to see that, we really need the grassroots organizations. The Committee for Human Rights in North Korea does not have that capacity. We are a research organization. Of course, there is an embedded advocacy element in everything that we do since we deal with North Korean human rights, but we need the large international grassroots human rights organizations to engage in a global campaign to end crimes against humanity and bring improvement to the North Korean human rights situation.

Ambassador Lee Jung-Hoon was right on the mark in his comments on accountability and the need for accountability in North Korea. The UN Commission of Inquiry recommended that the North Korean case be referred by the UN Security Council to the International Criminal Court. As Ambassador Lee said, we’ve had good progress in 2014 and 2015. Both the UN Human Rights Council in Geneva and the UN General Assembly here in New York City had two very strong resolutions on North Korean human rights, addressing both accountability and the ICC referral. Indeed, the Security Council held two meetings on North Korean human rights. North Korean human rights was placed on the agenda. Just a couple of months ago in December 2015, our own Ambassador to the United Nation, Ambassador Samantha Power, gave, I would say, one of the most powerful speeches ever given by U.S. a government official on North Korean human rights. We begin to understand that North Korean human rights violations and crimes against humanity in North Korea pose a threat to regional and international peace and stability. Yes, we are fully aware that merely including an issue in the agenda of the UN Security Council is a procedural issue that requires 9 out of 15 votes of permanent and nonpermanent members. Now, taking up the issue is a different matter. It becomes a substantive matter subject to a veto by a P5 member (a permanent member): potentially China or even Russia. We are fully aware of that difficulty. However, one has to remember that every time China attempts to block an initiative to address the egregious human rights situation in North Korea, China places itself in a position where it’s aiding and abetting a regime that’s committing crimes against humanity. Moreover, I think we have to remember, Steve, that the North Korean Kim regime has been a master of playing one super power against another: the Soviets against the Chinese during the Cold War and arguably, after the end of the Cold War, possibly the United States against the European Union and China regarding humanitarian assistance and other issues on a smaller scale. The point that I would like to make is that this is not a comfortable position for the Kim regime. The Kim regime cannot be comfortable knowing that China is the only one standing between Kim Jong-un and referral to the International Criminal Court.

In addition to the UN Security Council referral, in his most recent report to the UN Human Rights Council submitted just a few days ago, the UN Special Rapporteur, Mr. Marzuki Darusman, reminded us that the UN General Assembly can also rely on its residual powers to establish a tribunal dealing with crimes against humanity in North Korea. If this is done in response to the Security Council’s incapacity, an inability to address a situation that poses a threat to international peace and security, this would go to the precedent of Resolution 377 uniting for peace, which we all recall in relation to the Korean War.

Speaking of Special Rapporteur Darusman’s report, another point that he makes is that one of the recommendations of the UN Security Council was to establish a panel of experts, which would examine the applicable legal standard—a panel of experts that would prepare the ground for accountability in North Korea. The point that the Special Rapporteur makes in his most recent report is that there is no amnesty for crimes against humanity. Moreover, we cannot prepare overnight. We must be prepared when faced with a contingency—with a situation that most likely will require immediate procedures pertaining to accountability. And thus, once again, the Special Rapporteur has called for the establishment of a panel of experts. An international NGO consortium or several international NGOs are sure to push in this direction. This could be another step that we could see in the near future. And of course, as emphasized by Ambassador Lee Jung-Hoon, one very important recommendation of the UNCOI report was implemented: the establishment of a field office of the Office of the High Commission of Human Rights in Seoul. That office has been there just a few months. They’re already doing an extraordinary job collaborating with NGOs in South Korea and beyond, and also continuing to document human rights violations happening in North Korea.

Stephen Noerper: Thank you, Greg. That’s a very comprehensive and bold overview, and we appreciate your eloquence on that. You’ve given us a lot to work with here and I’m sure a lot will come out in the Q&A as well with those in the studio. I’d like to focus in on a few points and ask you for a bit more. One is this issue of China, where South Korea has put a tremendous amount of effort into its diplomacy and where you do have to ask the question about whether China gets to a point where there are trade-offs and whether its defense of the North Korean regime is really worth it. What are the practicalities of where you see China in terms of opposing further movement on this front? Where do you think there might be flexibility? And how does this relate to the broader security dynamic we see now given the January 6 nuclear test, the February 7 missile test, and the movement for stronger sanctions?

Greg Scarlatoiu: Now certainly, fundamentally, China is opposed at the UN to the so called “country-specific mechanisms”: UN Commissions of Inquiry and UN Special Rapporteurs. It’s not only China. It’s the Russian Federation, Venezuela, and others. Of course, the reason is simple: this establishes a precedent. Some other countries might be next. So, the point that China has made, time and time again, is that it opposes this type of country-specific mechanism, but it’s going beyond that. Of course, we could surely have a discussion about the traditional ties between the DRPK and China. We know that this has not always been a love story. There have been great times in this relationship. There have been terrible times in this relationship and in particular, during the days of the Cultural Revolution in China. China continues to be a fairly pragmatic actor. Its approach to North Korea is that it wants stability on its borders and unfortunately, under the current circumstances, China still believes that the only arrangement that can maintain stability on its border is the Kim Jong-un regime—as terrible as it might be. And I hope that China would see how terrible this regime is and what a liability it is. Secondly, China does not want to see any massive refugee inflows. Thirdly, if China can create a couple of business opportunities in the process, so be it.

Doing business in North Korea, of course, is not easy for China either and I’m speaking of those investors who go there for business reasons, for economic reasons. It’s a tough environment: bad infrastructure; the investment has to be front loaded; once you’ve front loaded it, they take you prisoner; informal taxation is a big problem; and North Korea is highly corrupt. So it’s not easy from China’s viewpoint either. Every time North Korea conducts another provocation—a missile launch or a nuclear detonation—China cannot be too happy to see U.S. B-52s, F-22s conducting nuclear bombing exercises so close to Chinese airspace. So China is not happy with North Korea, but at the same time, China has not reached a point where it’s ready to change its fundamental strategic stance on North Korea.

On human rights in particular, China could be tremendously helpful. This is a point made by the UNCOI. China forcibly repatriates North Korean refugees. Of course, China does not repatriate all North Koreans. There are North Korean workers officially dispatched to China by the North Korean government as part of their moneymaking operations. They work under terrible working conditions. This is pretty much bonded labor or forced labor; many organizations see it as slave labor. I’m speaking about those refugees who try to escape those dire circumstances in North Korea. If apprehended, they are forcibly repatriated to the North. China does this because it claims they are "illegal economic migrants" and not political refugees. It claims that many of them are in China because they are hungry and in search of economic opportunity. Are many of them in China in search of economic opportunity? Possibly, but what matters is that China is a party to the 1951 UN Convention Concerning the Status of Refugees, which stipulates that if a person has crossed an international border and upon repatriation faces a credible fear of persecution based on a political rational, then that person clearly qualifies to gain access to the process leading to acquiring political refugee status. As you know, leaving the country without the government’s approval is a criminal act in North Korea. Those returned to North Korea, in particular if they came across South Korean nationals and in particular if they came across Christian missionaries, are subjected to very aggressive interrogation and if it turns out that they did come across South Koreans or Christian missionaries, the punishment is extraordinarily harsh: imprisonment in the political prison camps or re-education camps and in some instances, even death. We’ve had terrible terrible reports, fully confirmed, of women who became pregnant with Chinese men along the road of defection. They were subjected to forced abortions and we’ve had reports of infanticide.

"...what matters is that China is a party to the 1951 UN Convention Concerning the Status of Refugees, which stipulates that if a person has crossed an international border and upon repatriation faces a credible fear of persecution based on a political rational, then that person clearly qualifies to gain access to the process leading to acquiring political refugee status."

So once again, there is a very simple step that China can take by protecting these refugees: allowing them access to the process leading to acquiring political refugee status. If China is afraid of increased numbers of ethnic Koreans in its border areas, the best way to ensure that they leave is to allow them access to this process because if they can approach the High Commission for Refugees and the International Committee of the Red Cross, they won’t stay. They’ll leave. Probably, China’s fear here is a process similar to the “European Picnic” of 1989, when the Hungarians opened their border to East Germany and East Germans were flowing out of West Germany and this is what eventually brought about the fall of the Berlin Wall. Possibly, China might see this as opening the door to a process similar to what happened in Europe in 1989. Thus, bringing about the collapse of the Kim regime in North Korea.

Stephen Noerper: It seems, Greg, there have been two things in recent memory that have elicited a strong response from the North Koreans. One has been the restrictions around Banco Delta Asia and the other has been this and the frequent mention of ICC referral. The regime seems to be taking it very strongly and very personally. Do you have any sense or any intelligence that the behavior of the regime has at all altered in the last two years? Or that there has been any movement within North Korea relative to the camps? Has there been any easing of the gulags as far as you and the community are aware?

Greg Scarlatoiu: Unfortunately, as far as we are aware, there hasn’t been an easing on the gulags. What we have seen is a transformation of the gulag that may be related to international efforts to focus attention on North Korea’s political prison camps. As you know, there are at least four fully functional political prison camps in North Korea where anywhere between 80,000 and 120,000 people are imprisoned. A couple of years ago, one of the camps, located close to the border with China, Camp No. 22 in Hoeryong North Hamgyong Province, was shut down. It ceased to function as a political prison camp. Why? We can speculate that this happened because of international efforts to focus attention on North Korea’s gulag and also because it was so close to the border with China. It was bad PR. There were Chinese businesses in the area. There were Chinese tourists visiting the area. And also, the last thing North Korea wants is another escapee from a political prison camp managing to cross the border into China to tell his or her story about the horrors witnessed in the prison camps: the forced labor, the induced malnutrition, the torture, the rapes, the public executions, and the secret executions happening at the camps.

Most unfortunately, what we also know is that a few thousand inmates, a few thousand prisoners, went unaccounted for. We had reports from sources inside the country that they were put on trains and taken away in the middle of the night. We had reports that many of them were starved to death. They simply went unaccounted for. What we know is that other detention facilities—and this is based on satellite imagery research that we’re conducting corroborated with testimony by witnesses, former prisoners, former guards, former officials in charge of running the camps—have expanded. For example, Camp No. 25 in Chongjin, North Hamgyong province expanded pretty much twofold. These are reports by our organization, the Committee for Human Rights in North Korea, in collaboration with AllSource Analysis in Colorado; this is a satellite imagery company. Amnesty International and others also focused attention on Camp No. 14, for example. That facility has also expanded. It has actually expanded into the adjacent village. So, we have seen a transformation of the political prison camp system in North Korea. It may be in response to international efforts to address North Korea’s human rights situation.

Unfortunately, as pointed out in the UNCOI report itself, the Kim regime still sees these human rights violations as part of its modus operandi. These are not unfortunate side effects. These are at the very core of how the Kim regime operates.

Stephen Noerper: I know tomorrow in Washington you’re participating in a larger event. I was wondering if you could say a few words about that. And also, tell us here and to those viewing and listening, within the field, who do you consider to be the most effective actors right now? And I’m thinking primarily of suggestions in terms of the NGO world. How are they helping to move the agenda along?

Greg Scarlatoiu: Tomorrow we’ll be having an event in Washington DC hosted by CSIS, the Center for Strategic and International Studies, our second anniversary of observation of the UNCOI report. It’s a large conference and very well attended. We still have room for more attendees I hope. Basically, this is a collaborative effort. It’s us, the Committee for Human Rights in North Korea; CSIS; the National Endowment for Democracy; our good and dear friend Ambassador Lee Jung-Hoon and the Human Liberty Center at Yonsei University; and the George W. Bush Institute in Dallas, Texas. This event will feature experts; witnesses; Justice Michael Kirby, the former Chief Commissioner of the UNCOI; and Mrs. Sonja Berserko, another member of the UNCOI. Unfortunately, Mr. Darusman will be unable to join us this time. He was there last year. So this conference will not only focus on the celebration of the UNCOI, but we will also discuss all of these key issues, which are part of the process of moving forward. Anything from the panel of experts to possible future efforts at the General Assembly and to the “rights up front” approach put forth by the UN Commission of Inquiry as a recommendation to those UN agencies involved on the ground in humanitarian operations in North Korea.

This main conference will be followed by our first ever celebration of the memory and legacy of one of our founding board members, Dr. Fred Iklé, who is well known for having been a great American who kept America safe and developed the nuclear deterrence strategy during the years of the Reagan administration in particular. We remember Dr. Iklé as one of the founding board members of our organization and as a board member who was extraordinarily dedicated to North Korean human rights. The stars aligned and our first keynote speaker at the Fred Iklé Lecture is going to be none other than Justice Michael Kirby. This will also happen at CSIS from 4:30 to 6:00 p.m. tomorrow in Washington, DC.

Stephen Noerper: And that’s open to the public?

Greg Scarlatoiu: That is also open to the public.

Stephen Noerper: And so, other than HRNK, other bright lights in the NGO community and other people and organizations we should be paying attention to?

Greg Scarlatoiu: There are different organizations playing critical roles. What HRNK does, primarily, is to investigate and to publish on the North Korean human rights situation based on interviews with witnesses, based on satellite imagery, based on interviews with experts, and based on work out in the field. This is a very important role because this is what those engaged in advocacy need in order to move forward with their advocacy. Of course, there is an advocacy element embedded in what we do because, after all, what we deal with is North Korean human rights. But there are organizations tasked exclusively with advocacy. Their role is extraordinarily important. These are organizations that brought us the UNCOI. This was an effort, I want to say, spurred by NGOs. NGOs were also involved in efforts to push for the passage of HR 757 here in the United States, the North Korea Sanction Enforcement Act. NGOs have been fully engaged in efforts to persuade the National Assembly of the Republic of Korea to pass the North Korean Human Rights Act. This has been going on for more than 10 years now as Ambassador Lee Jung-Hoon said. All we can do is hope to see this act pass.

There are NGOs that have performed, I would say, the most important role of all. These are the NGOs that have been engaged in rescuing North Korean refugees or North Korean escapees. Remember that prior to the great famine that decimated North Koreans in the mid- to late-1990s, we had just seen a handful of refugees or a handful of defectors in South Korea. The numbers have increased sharply during and after the famine, and there are now 29,000 North Koreans, or former North Koreans, living in South Korea. Without their testimony and without their courage, we would not have had the UNCOI, we wouldn’t be seeing all of these efforts going on at the UN and elsewhere. I would say that organizations tasked with rescuing, protecting North Korean refugees, and enabling them to adapt to their new life—in South Korea, in Europe, in the United States, or Canada—perform an extraordinarily important role. And I would also say that NGOs that endeavor to provide training to former North Koreans—in particular, to young former North Koreans in their teens, twenties, and thirties—perform an extremely important role. I’m not trying to say that they should all become political leaders of a reunified Korea, but they need all the help they can get to become leaders and experts in their chosen areas of expertise. This is a mosaic of organizations performing very important roles that are complementary, I want to say, at the end of the day.

Stephen Noerper: Very important. Thank you. And before I turn to the audience, let me just ask quickly if you can say a few words about your work with Radio Free Asia in that I know that support for broadcast into North Korea has been one of the primary emphases both with the new legislation and in terms of some of the debate on how to move things forward.

Greg Scarlatoiu: I want to say that my work with Radio Free Asia is a labor of love just like my work with HRNK. I have had a weekly Korean language column for the past 13 years since 2003. Initially, I was building on my own personal experiences as one who was born and raised in Nicolae Ceausescu’s Romania, and this was the one country most similar to Kim Il-Sung’s North Korea, as you recall, and also as one who had lived for 10 years on a divided Korean peninsula while living, studying, and working in South Korea. I think that broadcasting is extraordinarily important. What we all want to see on the Korean peninsula is change. And change in North Korea can only come from the people of North Korea themselves. What we can do in order to enable them to see that there are alternatives to the current political arrangement in North Korea is to tell them three basic stories.

First and foremost, to tell them the story of their own human rights situation. They don’t know it. They don’t understand it living under such an oppressive regime. Religious freedom and freedom of speech and association have all been embedded in the constitution of the Democratic People’s Republic of Korea, but North Koreans never read their own constitution. That’s the story we need to tell them. We need to tell them about international obligations North Korea has assumed by being a UN member state and thus, bound by the Universal Declaration of Human Rights by being a party to the International Covenant on Civil and Political Rights; the International Covenant on Economic and Social and Cultural Rights; the Convention of Elimination of All Forms of Discrimination Against Women; and the International Convention of Rights of a Child.

Secondly we must tell them the story of the corruption of their leadership, in particular, the corruption of the Kim family regime.

Thirdly, we need to continue to tell them the story of the outside world, in particular, the story of South Korea, which is, as we all know, a miraculous success story. Once one of the poorest countries in the world just a few decades ago, [South Korea is] now the world’s 12th largest economy and moreover, a liberal democracy that’s a model for others in the region and beyond. Yes, a noisy liberal democracy, but that’s how we like liberal democracies—noisy. It’s very important to keep telling these stories to North Koreans and what we know based on surveys conducted by InterMedia and other companies tasked to monitor radio broadcasts into North Korea, former North Koreans interviewed state that about one third of them did listen to foreign broadcasting while they were in North Korea. South Korean broadcasting is also classified as foreign broadcasting. So here we’re talking Radio Free Asia, Voice of America, stations based in South Korea staffed with North Korean defectors, Kookmin TV (Korea TV), KBS, and so on and so forth. So, some North Koreans are listening, but probably not one third of all North Koreans. After all, these were the North Koreans who actively sought out information from the outside world. These are the North Koreans who had the courage to escape. But, nevertheless, we’ve seen the percentage of those who state that they listened to foreign broadcasting on the increase. We have to remember that there are new media storage devices. We know that USBs, DVDs, memory chips—in particular, memory chips and USBs—are very popular in North Korea today. We know that some North Koreans are familiar with the Hallyu (with the South Korean wave), the South Korean pop culture, and soap operas. Extraordinarily important.

Stephen Noerper: Greg, thank you for this very rich hour. Before we close, I wanted to give you an opportunity to share a few thoughts on Ambassador Steven Bosworth, who passed away earlier in January. Those of you who have been with us for programs over January and February know that we have tried to make frequent mention of Ambassador Bosworth’s very deep commitment to and effort for Korea-U.S. relations. We have on our website on koreasociety.org a tribute to Ambassador Bosworth. But I know that he was a mentor and friend to you, and was wondering if you would offer a few thoughts on his guidance and contributions in your life.

Greg Scarlatoiu: Ambassador Bosworth will always be remembered as an extraordinary diplomat. To us, those who graduated from the Fletcher School, he will always be remembered as the Dean who brought the Fletcher School into the 21st century. This has always been an extraordinary school, but he has added new programs, he has brought a true sense of strategic vision, I would say into the next century as well. For that we are all grateful to him. Personally, I am extraordinarily grateful to Stephen Bosworth. It so happened that we arrived at Fletcher at about the same time—both of us from Korea. I also happened to sit on the student council and I got to meet him regularly, at least a couple times a week, and work with him very closely. He was extraordinarily supportive. He was a friend; he was a mentor; he was a role model; and his personal support went to the extent that years after my graduation from Fletcher as I was applying for a position, he picked up the phone and called my employer to provide a recommendation that was tremendously helpful. I will dearly miss Stephen Bosworth. I was deeply saddened to hear the news of his passing. And I think that the best way for all of us to honor the extraordinary legacy of Steven Bosworth is to continue performing our mission. In our case, addressing this extraordinarily difficult situation in North Korea. I’m certain that Stephen Bosworth would be extraordinarily happy to see all of us here today. And what you have done here today, Steve, is an extraordinary way of honoring the legacy of Stephen Bosworth.

Stephen Noerper: Well, thank you very much. Please join me in thanking Greg for his keen insights. We do hope that you join us at koreasociety.org to become a member or to find out about future events. We would also note that this is our twelfth program on North Korean human rights leading up to and since the UN COI, so please feel free to consult and share any of those programs, which are available online, free of charge, in both audio and video form. And we would welcome you back next Thursday for a very interesting discussion on political forecasting: Korea and regional relations that will feature Ralph Casa, the President of Pacific Forums CSIS; Victor Cha who is the Korea Chair at CSIS and Korea Foundation Professor at Georgetown University—Victor will be hosting you tomorrow in Washington; and Scott Snyder of the Council on Foreign Relations. And so, really, three of our nation’s top analysts on political and security issues. Again, 12:30 next Thursday and we look forward to seeing you then. Thank you again for your attention today. Thank you, Ambassador Lord, for sharing your time with us and we’re delighted to have you here.

Greg Scarlatoiu: Thank you.


Edited by Rosa Park, HRNK Director of Programs and Editor

Original transcription by Liz Cheek, HRNK Research Intern

10/09/2015

Muddying the Waters: North Korea’s Deceptive Media Offensive


By Greg Scarlatoiu

Greg Scarlatoiu is executive director of the Committee for Human Rights in North Korea (HRNK) in Washington, D.C. At HRNK, he supervises, manages, and coordinates the drafting, publication, and dissemination of reports investigating the North Korean human rights situation. In close coordination with HRNK’s board of directors, Scarlatoiu shares HRNK’s findings and recommendations with UN agencies and international NGO networks. A seasoned lecturer on North Korean human rights, political security, and economic issues on the Korean peninsula, he has appeared as an expert witness at several Congressional hearings on North Korean human rights. An experienced social audit consultant, he is currently finalizing a report on North Korean workers officially dispatched overseas. For twelve years, Scarlatoiu has been authoring and broadcasting the weekly Scarlatoiu Column to North Korea for Radio Free Asia (RFA). A visiting professor at Hankuk University of Foreign Studies (HUFS) in Seoul, he holds a Master of Arts in Law and Diplomacy (MALD) from the Fletcher School at Tufts University, and an MA and BA from Seoul National University, Department of International Relations. Scarlatoiu was awarded the title of Citizen of Honor, City of Seoul, in January 1999. He is fluent in Korean, French, and Romanian.


On Monday, September 21, 2015, the 30th session of the Human Rights Council in Geneva featured a panel discussion on the situation of human rights in the Democratic People's Republic of Korea (DPRK), including the issue of international abductions, enforced disappearances, and related matters, moderated by Michael Kirby, former chair of the Commission of Inquiry on human rights in the DPRK (UN COI). The panelists included Mr. Koichiro Iizuka, vice secretary-general of the Association of Victims Kidnapped by North Korea.

The main panel was followed by a side event featuring the tragic accounts of South Korean, Japanese, Romanian, Thai, and other nationals abducted by North Korea. The panelists included Mr. Hwang In-chul, whose father was a passenger on Korean Air Lines YS-11, hijacked by North Korean agents on December 11, 1969. Mr. Hwang's father was one of 11 passengers and crew members who were never returned to South Korea.

On the same day, CNN’s Will Ripley and Tim Schwarz published a story based on sources inside North Korea, claiming that Ms. Mun Su Gyong, a North Korean national, was allegedly abducted by South Korean agents while working as a waitress at a North Korean state-owned restaurant in Phnom Penh, Cambodia. One of the sources quoted is the former manager of the respective restaurant, who reportedly believes that South Korean spies posing as North Korean businessmen “frequented the restaurant for two years,” befriended Ms. Mun, and then abducted her, forcing her into a car and driving away. At the time of the alleged “abduction” four years ago, Ms. Mun was twenty years old. The report included an interview with Ms. Mun’s parents.

Source: CNN

By offering this story to a prominent U.S. media organization, the North Korean authorities likely attempted to counter efforts by the UN and the international community to focus attention on South Korean nationals and citizens of other countries abducted by North Korea. As we learned from an excellent David Hawk piece published by US-Korea Institute’s 38 North about a year ago, the North Korean government reacted to the highly critical report of the UN COI through: a “counter-report” by the North Korean Association of Human Rights Studies; a significantly revised approach to the Universal Periodic Review (UPR) mechanism; and a diplomatic “counter-offensive,” which involved the North Korean foreign minister appearing before the UN General Assembly for the first time in 15 years, and so-called “press briefings” focused on denial of the appalling North Korean human rights record.

By offering this story to a prominent U.S. media organization, the North Korean authorities likely attempted to counter efforts by the UN and the international community to focus attention on South Korean nationals and citizens of other countries abducted by North Korea. 


As part of the same strategy, the North Korean regime’s propaganda website, Uriminzokkiri, launched ferocious attacks against UN COI witnesses, including former political prisoners Jung Gwang-il and Shin Dong-hyuk, and also North Korean defector and scholar Cho Myung-chul, the first North Korean escapee to become a South Korean National Assembly member.

On the upside, the North Korean regime’s approach to human rights has surely changed post-UN COI. Its fundamental strategic stance on human rights used to be utter neglect. Always overshadowed by nukes and missiles, human rights would easily disappear off the radar screen of the international community, so the Kim regime knew there wasn’t much to worry about. Post-UN COI, even the North Korean regime has come to the realization that human rights is here to stay, and it can no longer just ignore attempts by UN agencies, foreign government agencies, and international NGOs to shed light on its abysmal human rights situation. Pursuant to the findings of the UN COI, North Korea is no longer seen as a bizarre relic of the Cold War, but as a post-communist, post-industrial, dynastic kleptocracy that is subjecting its own people to crimes against humanity in order to maintain its grip on power.

Post-UN COI, even the North Korean regime has come to the realization that human rights is here to stay, and it can no longer just ignore attempts by UN agencies, foreign government agencies, and international NGOs to shed light on its abysmal human rights situation.


On the downside, North Korean attempts to compromise witnesses and muddy the waters by misleading foreign media organizations will continue. Since the release of the UN COI report in February 2014, CNN has done excellent reporting on the North Korean human rights situation, and perhaps that is why it was the media organization targeted by North Korea’s deception in this case. 

In the particular case of the young North Korean woman allegedly “abducted” by South Korean agents, the story, published undoubtedly with the approval of the North Korean authorities, presents the following problems:


  • The former manager of the respective restaurant claims that Mun Su Gyong had been befriended by "South Korean spies" posing as North Korean businessmen. I have interviewed former restaurant workers who escaped and found their way to South Korea. The waitresses' "befriending" customers is reportedly a big red flag for the managers running these restaurants. The girls who get too close to customers are quickly disciplined, and in extreme cases sent back to North Korea. Sustaining such "friendship" with customers, well known to other waitresses and the manager, would be impossible. One has to remember this is a tightly confined space. The waitresses work and live together under strict surveillance. They are only seldom allowed to go shopping or sightseeing, and even then only in groups, never alone. 
  • With 28,000 former North Koreans already living in South Korea, including some former senior officials, there is absolutely no conceivable need for South Korean intelligence agents to kidnap North Koreans. 
  • There are former restaurant workers already living in South Korea. There would be no practical need for South Korean intelligence agents to kidnap additional restaurant workers. 
  • South Korea is a liberal democracy that has discarded the dark legacy of its authoritarian past. The UN Secretary-General is a South Korean national, the president of the World Bank is a Korean American born in South Korea, and South Korea contributes in many meaningful ways to international humanitarian and development assistance as well as peacekeeping operations. South Korea is not a rogue state conducting abductions of its own nationals or other countries' nationals overseas. It is North Korea that has kidnapped nationals of South Korea, Japan, China, France, Guinea, Italy, Jordan, Lebanon, Macau, Netherlands, Romania, Malaysia, and Singapore.

It is North Korea that has kidnapped nationals of South Korea, Japan, China, France, Guinea, Italy, Jordan, Lebanon, Macau, Netherlands, Romania, Malaysia, and Singapore.

To the reader interested in learning more about North Korea’s abduction of citizens of South Korea and other countries, I highly recommend HRNK’s report “Taken,” by Yoshi Yamamoto, published in the spring of 2011. While I do hope that, if she is indeed alive and separated from her family, Mun Su Gyong will be reunited with her loved ones, one has to remember: 82,959 South Koreans were abducted by North Korea during the Korean War; 3,824 South Koreans, most of them fishermen, have been abducted since the July 27, 1953 Korean War Armistice; 93,000 ethnic Koreans residing in Japan were lured back to North Korea and never allowed to leave, many of them trapped together with Japanese spouses; hundreds of Japanese and Chinese nationals have been abducted to North Korea; and at least 25 nationals of countries other than South Korea, Japan, and China have been reportedly taken against their will. With 180,108 nationals of South Korea and other countries taken by North Korea, that regime must provide a full accounting of those abducted and detained, facilitate the reunification of abductees’ families, return the remains of deceased abductees, and observe the right of freedom of movement by allowing the surviving abductees to return to their families. With abductions by North Korea featured prominently in UN Special Rapporteur on the situation of human rights in the DPRK Marzuki Darusman’s most recent September 8, 2015 report to the General Assembly, this issue is here to stay. The North Korean regime should rest assured that its attempts to muddy the waters and run anti-human rights media campaigns will, once again, be doomed to failure.

With 180,108 nationals of South Korea and other countries taken by North Korea, that regime must provide a full accounting of those abducted and detained, facilitate the reunification of abductees’ families, return the remains of deceased abductees, and observe the right of freedom of movement by allowing the surviving abductees to return to their families. 

To download a free PDF copy of “Taken,” go to: http://hrnk.org/uploads/pdfs/Taken_LQ.pdf.

8/10/2015

Lenin’s Theory of Utility

By Robert Collins


The concept of manipulating others to promote one’s own cause is no doubt millennia old.  It is not an original thought by Lenin.  Those that employed this concept likely existed in the ancient Egyptian dynasties, the Roman Empire and most other political realms, as well as Lenin’s establishment of the communist domain.  Utility is a fascinating concept that somewhat defies logical description – support for an external cause through belief that one’s vision of right will prevail though it contradicts political reality.

Lenin’s theory of utility is based in those that find benefit and comfort from others who are willing to deceive themselves about another’s intent in order to comfort themselves in their view of the world.   To feel good about one’s contribution to a false premise is indeed comforting if one chooses to either ignore reality or choose not to accept political discomfort.  In one recent case, choosing to support the values of human rights denial versus support for the defense of democracy and human rights based upon one’s observation that “I talked to them and they seemed real and sincere” is to ignore human dignity and succumb to the propaganda of deception.

When Code Pink and WomenCrossDMZ visited North Korea they did so without having an appreciation for Lenin’s theory.  The fact that these women met and conversed with North Korean women was apparently, in their minds, a major victory for human rights if one believes their testimony once they crossed the DMZ.  Women of note from among those that crossed praised their opportunity to speak to North Korean leaders and agree that the term “human rights” was included in their statement.  Was there utility for the North Koreans to agree to do so?

Within the context of North Korea’s propaganda-dominated diplomacy, the answer would most certainly be yes.  To be sure, Lenin would have been proud to include it in a statement that had no impact on the reality of his rule.  The same goes for the Kim Family Regime. The North Korean woman who talked to a representative of Code Pink or WomenCrossDMZ was surely not so fortunate to be so self-deceived.  The North Korean woman, or group of women, whom the DMZ crossers so eloquently praised was prepped to say what the party-state wanted them to say – to the last syllable.  That woman has been indoctrinated since she was in pre-school on how to think, what to say, and how to obey the party.  She met her first official propagandist at the age of seven and listened to that person present how the United States was evil to the core and South Korea was merely puppets in the hands of Washington, DC.  Her parents were compelled to listen to the propaganda put out by the education director at every level, the neighborhood unit chief in every local community, and the individual work-line propagandist who gave verbal feedback to everything they admitted during daily and/or weekly self-critique sessions. She has been compelled throughout her lifetime to do the same as her parents. She studied how North Korea’s supreme leader was always right and all had to worship him and do his bidding by serving the wishes of the Korean Workers’ Party.  And yes, that they had to comply with the collective and do so through self-reliance.  But self-reliance in North Korea is more akin to survival in an environment of unparalleled political terror, rather than self-motivation. Even if she had learned that what she heard was absurd – and it is – the secret police prepped her for every meeting and debriefed her on every word that was said.  Every meeting that the Code Pink/WomenCrossDMZ had with individual North Koreans was planned, rehearsed and vetted before it took place. Every North Korean engager of the Code Pink/WomenCrossDMZ was required to report what they heard from every North Korean in their small team, not to mention that based on the secret police’s well-known tactics, there were several undercover secret police female officers within the group as well.

What benefit is there for the Kim Regime in doing this?  The party and the police state control “the happening” and learn how to do a better job with those that serve Lenin’s Theory of Utility by developing such sub-theorems as Kim Jong-un’s Theorem on Manipulating Western NaivetĂ©, or secret police commander General Kim Won-hung’s Theorem on Personal Deception.  

How do we know of this propaganda, deception and the employment of the utility theory?  Every one of the 27,000 North Korean defectors to South Korea has told us as much – in great detail.  Their testimony of human rights denial, political terror, and mental and physical brutality are legion.  Every one of them understands Lenin’s Theory of Utility.  Apparently, such theories are beyond the understanding or at least the appreciation of Code Pink/WomenCrossDMZ.  Useful? You bet…just ask the 27,000.

3/23/2014

The Loopcast Interviews HRNK Executive Director Greg Scarlatoiu


The Loopcast interviews HRNK Executive Director Greg Scarlatoiu on March 22, 2014. The following are the links to the podcast.

On The Loopcast website: http://www.theloopcast.com/2014/03/22/a-look-into-north-korea/

On iTunes: https://itunes.apple.com/us/podcast/the-loopcast/id592320085?mt=2

2/06/2014

Living and Studying in America


By Sung-chul Kim, Former HRNK Intern

Translated and edited by Rosa Park and Amanda Mortwedt Oh


I was born in socialist North Korea. I lived my life struggling to be free from hunger and had little to dream about. After that, I spent more than five years in China in fear because of my precarious status. Despite several arrests and forced repatriations to North Korea, I survived and eventually arrived in South Korea. Not until then could I have a dream and start studying. Now, I have finally experienced America, a country I had dreamed of visiting. In the United States, I finished a four-month long English class, and then completed an internship at the Committee for Human Rights in North Korea (HRNK).

I used to look at those who got to go to school with envy when I was in North Korea and China. I wanted to go to school, playing freely and carrying a school backpack. In China, North Korean refugees don’t have access to a public education, because the Chinese government claims they are “illegal economic migrants.” That made me feel depressed over my being practically stateless. Only after I started studying in South Korea did I begin to forget my sorrow, little by little. When it came to English, I could not even distinguish uppercase and lowercase letters in the beginning. I did not know anything about subjects such as math or history. I was thirsty for learning, and worked really hard, though.

While studying at Han-dong University in Pohang, South Korea, I dreamed about going to America. I wanted to experience America for myself since I had only seen it on TV. While growing up in North Korea, I was told America was an evil empire that invaded my fatherland. When I finally found a program that offered the opportunity to study English in America, I applied and was accepted. The first time I overlooked America from the window of my airplane, I thought that it was a really huge country. When I arrived at the airport, I met those who came to greet me. They helped me open a bank account and get a mobile phone. We had a meal together and then I was given a room. Life was just about to get interesting!

Public transportation in America is not as good as in South Korea. I had to walk for at least twenty minutes to the nearest metro stop. This is a long walk by South Korean standards, but a rather short distance in America. Walking to the station, I practiced my English speaking skills with my flat mate to avoid wasting time.

After my four-month language course was over, I started looking for an internship opportunity. As soon as I found out about HRNK, I asked for a meeting with the executive director. After we sat down and had a discussion about my life, academic interests, and experience in the United States, he asked me to submit my CV, cover letter, and writing sample. A few days later, I was invited to join HRNK’s intern corps. An acquaintance of mine also introduced me to the Lantos Human Rights Commission. The Lantos Commission also offered me an internship, so I began to work for the Lantos Commission on Mondays and Tuesdays and HRNK the rest of the week.

I learned a lot at HRNK, especially about the political prison camps and leadership system of North Korea. Although I was a detainee in a mobile labor brigade myself, I realized that I did not really understand how North Korea’s vast system of unlawful imprisonment worked. I also read the book, “I Saw the Truth of History,” by Hwang Jang-yeop, while researching materials about North Korea. That book enabled me to clearly understand the way the North Korean regime works.

North Korea is a totalitarian regime. Just one spoken or written word from Kim Jung-un becomes law. I, myself, also do not know much about North Korea even though I am from North Korea. This is because it was almost impossible to get access to information about the laws of the country, or how the North Korea was run. The government never even officially acknowledged the existence of the political prison camps. Everything about North Korea was shrouded in secrecy. As soon as we are born, we learn that Kim Il-sung was our great leader, and that absolute “truth” is never to be challenged. I believed this just like many other people. Now it all seems so extreme, an insult to common sense.

While reading through materials published by HRNK, I realized the truth about North Korea that I could never have known before. Also, there were many opportunities to talk with various people whenever I attended human rights events. I talked about the methodology of unification with many people. We discussed whether sudden or gradual unification would be best for Korea. Also, we talked about whether the case of Germany can be a good model for Korea to follow. I think the German case is not suitable for Korea for two reasons. First, East and West Germany had many more exchanges between them compared to North and South Korea. For example, it was possible to watch West German TV programs in East Germany. Second, different from the current situation of North Korea, demonstrations were allowed in East Germany. Also, there are some opinions that point out that South Korea fails to embrace its 27,000 North Korean defectors while West Germany warmly welcomed more than 400,000 East Germans. The chance to discuss these ideas was a great experience for me because I was able to learn about many issues while having a discussion with others. I am especially thankful to my fellow interns and co-workers, who helped me a lot.

I learned a lot from the Lantos Human Rights Commission as well because I was able to learn about other nations’ human rights situations by attending several hearings on Capitol Hill. I learned about violations of human rights in various countries, including Haiti, Burma, Columbia, and Syria. Also, I spent a lot of time sharing North Korean culture with Americans. It was a great opportunity for me because I could talk to foreign friends about the reality of North Korea. Overall, the atmosphere of America feels much more relaxing than that of Korea. People are kind and very hospitable. I will miss America a lot. The precious time I had here, where I was so busy, has passed almost all too soon. Just when it feels like I have almost adapted to American life, it is, unfortunately, time to leave.

Reflections on My Life in America

By Hana Kim, Former HRNK Intern

Translated and edited by Rosa Park and Amanda Mortwedt


I was born and finished high school in North Korea. I then spent eight years in China and five years in South Korea. I have been in the United States for eight months, but time seems to have gone by too fast. It is almost time to return to South Korea. What have I gained from my experience in America? The thought that I may not have gained anything significant worries me. I feel ashamed at the thought that I fall short of the expectations of those who supported me. However, I certainly feel like I have experienced and learned many things.

Language Study and Travel


Before coming to America, I made various plans filled with enthusiasm. My plans ranged from mastering English, traveling across the country, making American friends, and meeting people in various fields, to participating in all sorts of events, forums, and so on. It seems that I have completed most of these plans so far. I was so excited, thinking that speaking English would be natural to me once I came to America. Looking back, I find myself laughing.

Nevertheless, I still believe I have progressed. Although I am not completely satisfied, my English has become much better compared to when I could not even speak a word in front of foreigners. Most of all, it is certain that my fear of English has disappeared. When I meet Americans I try to express myself in English, despite my poor grammar. Americans praise me, saying I am good at English. I feel proud when people compliment me on my English, but I still feel ashamed of my broken English. I know I can learn English faster if I take the initiative to engage in dialogue without fear. However, I’m at the level of just listening when there is a dialogue among colleagues. Still, I am thankful that I can understand English to a higher degree, which was not possible at first.

When I was in South Korea, I wrote down a list of “My Dreams,” which included traveling to America and studying a language abroad. The four-month long language class that I took as soon as I came to the United States was especially effective. As it was an intensive course, I could actually see that my English was getting better at a rapid speed. I became confident to the point where I felt that I could go anywhere by myself without a guide.

I have been to every corner of Washington, D.C. at least once and have visited several museums. The best thing about living in D.C. has been the ability to grasp the history of America. Although traveling can be quite expensive, I did not miss an opportunity to travel and visited Luray Caverns in Virginia, New York City, and the Niagara Falls. Traveling was like a tonic for my life. Having been alone for more than ten years after I left North Korea, I was accustomed to living alone, fearlessly and confidently. However, I could not avoid feeling depressed from time to time. Whenever I was feeling gloomy, traveling helped me find strength.

South Korean Culture and My Host Family


Currently, I am doing a ‘home-stay’ by living with an ordinary American family. The host family is a young couple about my age with many young kids. They are busy because of their children but always take care of me whenever I have some trouble or need something. One of the reasons that I chose to live in a ‘home-stay’ was to experience American culture, while actually living with an American family. There is not a huge difference in family culture between South Korea and America. One thing that is strikingly distinctive, though, is that it is still not common to see husbands help with family affairs in the ordinary Korean family. However, it was always left to the husband to do the dishes in the American family I lived with. American husbands help with almost all the chores around the kitchen.

Additionally, when my host family held a party with their co-workers and neighbors, I was able to experience preparations for the party, and I learned how it works, and how to enjoy it. One clear thing I observed was that parties are totally different between Korea and America, especially when it comes to the drinking culture. It feels very classy to enjoy a party with just a couple of glasses of wine or champagne. Surely, I also like the party culture of Korea but, frankly, I prefer that of America.

Internship


I started my internship at the Committee for Human Rights in North Korea (HRNK) after finishing four months of English language study. The moment I had dreamed of since interviewing for the internship was finally accomplished. While I was naturally interested in human rights in North Korea since I was born and raised there, I had another reason that made me determined to work for HRNK. When I was in South Korea, I worked for various human rights organizations. At that time, I distributed flyers disclosing the reality of the human rights conditions in North Korea to passers-by in the hot summer sun. Watching people passing by indifferently, I doubted whether my efforts could actually cause any change in North Korea.

Back then, I could not imagine that there would be any organization working for the human rights of North Koreans. Only after I came to America did I see the work of HRNK. I believe that if we combine our voice with America, a super power, it would be very effective for those who are struggling with a desperate reality. This is why I finally decided to work at HRNK. I began to work with the expectation that I would be able to know more about human rights and to learn sensible ways to solve the problems in North Korea.

HRNK is doing many things. First, HRNK conducts research about the reality of the human rights condition in North Korea. Second, it publishes reports based on this research to increase awareness in the international community. HRNK also rectifies misunderstandings people might have about human rights in North Korea through various events and forums. HRNK’s research materials can be used as a medium to change circumstances. Publications such as “Lives For Sale,” “Hidden Gulag,” “Taken,” and “Songbun,” should be read by those who are interested in North Korean human rights.

In my humble opinion, as a human, it goes against what is right to leave the situation of North Korea as it is. Now, following the wishes of those who work for the betterment of North Korea, a UN Commission of Inquiry on Human Rights in North Korea has been in operation for almost a year. I hope it will have a significant impact on North Korea.

As an intern at HRNK I have had the opportunity to attend a variety of events related to North Korea. Because of this, I have realized that there is an increasing number of people working for and interested in North Korea human rights. Also, through HRNK’s publications, I have learned much more about the reality of North Korea. Although I was born and raised in North Korea, the world I experienced there was narrow. As a result, I feel so thankful that I am able to do what I want to do while eating hot meals and sleeping comfortably. Also, I inevitably feel the responsibility to do whatever I can for North Koreans.

To contribute to improving people’s consciousness about the reality of human rights in North Korea, I uploaded an essay to the HRNK blog about my experience back in North Korea. In addition, I wrote a report entitled, “Alternatives for the Improvement of Human Rights in North Korea.” While I admit that the alternatives I suggested are not suitable for the current reality, they are actions to take at some point in the future. I hope that my report will have some relevance for thorough preparation in the context of the broader picture.

There are many interns who decided to work for HRNK because of their great interests in human rights in North Korea. My supervisor and co-workers always helped me with kindness, even though they might have been uncomfortable due to my poor English. Thanks to their help, I managed to successfully accomplish my given tasks. Also, I was able to continue studying English after work. I deeply appreciate their kindness. I feel sorry, though, because it feels like I am ‘spinning my wheels’ with my English. I should study English harder and steadily after I go back to South Korea as well.

What I felt all the more keenly while living in America is that many more people than I thought are interested in North Korea. More surprisingly, there are a number of people who are actively working for human rights in North Korea. I have no doubt that these efforts of tremendous people who care about human rights can induce positive change in North Korea.