Measures to address the violation of human rights in North Korea

Forum: Issue: Student Officer: Position: Security Council Measures to address the violation of human rights in North Korea Ga Hyeon Shin Chair Introduction In the contemporary society, human rights are something that is definitely obtained by every single person in the world. It is even more common to find places where human rights are strictly protected by laws. Many member states have been working on making attempts to address any violation of human rights occurring in their communities; meanwhile, North Korea has only worsened its situation. Due to its absolute oppressive regime and totalitarian power, it has always been a threat to its citizens who wish to obtain their freedom, including freedom of expression, religion, movement, and other rights. The government and its own Human Rights Association stated that the nation has not spotted any violation of human rights and has also made several attempts to improve its situation. However, it is apparent that international laws that are designed to protect human rights and tackle violations have been disregarded. For instance, according to Human Rights Watch, some cases of unknown, enforced disappearance of North Koreans who have been accused of political crimes, Christian proselytizing, or simply attempting to flee to South Korea were reported. This issue dates back to the 18 th century when there were similar cases of South Koreans and other foreign nationals being kidnapped by agents from North Korea. Considering what have been evaluated by several human rights organizations, it can be said that the situation in North Korea did not improve from the past. From the article published by Asian Review, United Nations stated that a condemnation is certainly necessary to address the issue of long-standing and ongoing systematic, widespread and gross violations of human rights occurring in North Korea. Several resolutions were submitted to alert its severity and to address issues; however, due to North Korean government s unwillingness to take a concrete steps to resolve issues with UN, the standard of living conditions such as poor infrastructure, famine, and lack of sanitary water worsen lives of North Koreans even more. Chair Report Page 1 of 13

Definition of Key Terms DPRK DPRK is an acronym for Democratic People s Republic of Korea, as known as North Korea. Human Rights Protected by international law, it is known as inalienable rights which are obtained by every human starting from a point you are born. This covers several basic rights, such as right to life, freedom of speech, movement, and of pursuing happiness, as well as other substantive rights, such as rights to a fair trial and freedom from torture and slavery. As a society has gotten more complex, there have always been conflicts and violations of human rights. To address issues, numerous organizations, both local and international, take actions and make resolutions to improve situations even little by little. Few of well-known specialized organizations are UN Human Rights Council, Amnesty International, and Human Right Watch. Guilty-by-Association This term is used for a person who is told to be guilty, not because of committing a crime but being associated with a person who actually committed a crime. Arbitrary Arrest and Detention Arresting or punishing a person who has not committed any crime against laws. Repatriation Returning an individual to a country where he/she came from. Enforcement of Patriotism It is enforced to show a vigorous support and love for a person s country. In North Korea, there is a severe consequence if a citizen fails to show a patriotism. History AFTER Wars In 1945, The Korean Peninsula was divided along 38 th parallel line after World War II. This allowed North Korea to establish the Provisional People s Committee of North Korea (NKPPC) under the leadership of Kim Il-sung who was the first totalitarian dictator. Chair Report Page 2 of 13

The Korean War In 1950, North Korea which maintained a close political relations with Soviet Unions and China invaded South Korea. The United Nations sent military troops and aids to support South Korea. After three years of war, both nations reached a negotiations and consensus of ending the war. The Korean Demilitarized Zone (DMZ) which acts as a buffer zone between North and South Korea was established by the governments of North Korea, United Nations and China. Restructure of its regime and political relations The dictator of North Korea began to eliminate any threatening enemies or elements which possibly threatened his regime and power. Since 1960s, a lot of assassinations and political incidents began to occur all over the world, mainly targeting South Koreans. A massive execution occurred in 1969, killing over 6000 people and sending 70,000 to prison camps. ATTEMPTS to Address Human Rights Issues In 1981, North Korea ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights for a purpose to address human rights issues. In 1991, North Korea officially joined the UN which demonstrates the government s willingness to interact with other international communities and solve global issues. However, although the treaty and promise were, it was a definite failure for North Korea since many incidents violated its protocols. Also in 2001, the government ratified the Convention on the Rights of the Child; however, still violations are widely found. STANCE and International Response North Korea s Official Stance towards Human Rights Violations Over many years, numerous economic and political sanctions were imposed on North Korea as a warning for its government regarding to the violation of human rights. However, it was clear that the North Korean authorities is not willing to cooperate with UN or any other international organizations to address issues. They denied an access for an investigation due to political reason. In the past, North Korea ratified several treaties and agreement; however, those were not actually effective to address issues since the government did not make an attempt to tackle them but worsened it, such as harsh, inhumane punishments. International Response towards abuses and violations in North Korea In 2015, U.N. raised a voice that the leader of North Korea, Kim Jong Un, should face international justice for ordering systematic torture, starvation, killings and other human rights violations. The United States imposed economic sanctions on North Korea and keeps pressuring its government to address issues. South Korean government has a long history of interacting with Chair Report Page 3 of 13

North Korea. They made lots of provision of humanitarian aids and support to improve situations in North Korea, but all of actions taken against abuses in North Korea were ineffective. Timeline of Relevant Resolutions, Treaties and Events Date September 14, 1981 Description of event The International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights The North Korean government decided to sign this agreement; however, it failed to follow several protocols. Bombing of Korean Air Flight October 9, 1987 This bombing resulted an innocent death of 115 passengers. This was done by a direct order from Kim Jong-Il. The North Korean famine January, 1994 Due to the collapse of the Soviet Union and North Korea s decades of mismanagement, severe famine occurred in North Korea, resulting 78 percent of north Korean children suffering from malnutrition and famine. This was thought to be blamed on the government s unfair resources distribution according to its classification. Death of Dictator Kim Il-Sung July 8, 1994 February 27, 2000 This resulted a slight change in its political regime as a complete power inheritance was made to his son Kim Jong-il. Ratification of the Convention on Elimination of All Forms of Discrimination against Women The government signed this treaty to tackle issues regarding to women s rights; however, violations were constantly made even after its ratification. Ratification of the Convention on the Rights of the Child February 27, 2001 October 18, 2004 Even after its ratification, the treaty was not effective enough to address issues of protecting rights of the child. Treaty to Assist North Korean Human Rights Chair Report Page 4 of 13

President of the United States decided to assist to protect human rights and to provide aids to refugees. A North Korean Human Rights Act October 18, 2006 Japan agreed to report annually regarding to North Korean human rights situations. This act established a North Korean Human Rights Week. UN Universal Periodic Review December 7, 2009 North Korea made a clear stance of not accepting any of suggestion or recommendation designed to address issues in its Universal Periodic Review. Evidence of Crimes Against Humanity February 1, 2013 UN Human Rights Council provided a thorough evidence The North Korean government decided to sign this agreement; however, it failed to follow several protocols. UN Calls for North Korea Rights Probe November 18, 2014 A UN committee called for the Security Council to refer North Korea to the International Criminal Court over its human rights record Arrest of US Student January 22, 2016 North Korea arrested US Student Otto Frederick Warmbier for hostile act and was served 15 years of hard labor for attempting to steal a propaganda sign from a hotel. Death of US Student June 19, 2017 US student Otto Warmbier sent home from North Korea dies, creating a huge international criticism and concern over human rights violation in North Korea. Key Issues INHUMANE Treatment in Detention Harsher policies and punishments for border crossers Since 2004, the government of North Korea officially stated that a consequence for crossing borders or having any contact with South Koreans, missionaries, or aid workers will result a severe consequence and punishment which could vary from years to an indefinite term in prison. Recently, the government announced that anyone who attempts to cross borders regardless of their reasons will be sent to prisons. Often, prisoners are sent to political prison camps and Chair Report Page 5 of 13

experience a mistreatment such as sexual coercion and abuse, beatings and torture by guards, and forced labor in dangerous and sometimes deadly conditions. Arbitrary detentions and arrests Because of its totalitarian military regime, detentions and arrests occur unreasonably which violates civil liberties. Recently, a US student who was convicted of subversion was sentenced to 15 years because of taking a propaganda banner in a hotel. This case captured an international attention even more after the death of this student. Some people, regardless of nationality, are arrested arbitrarily without knowing its reason. In general, prisoners held in camps had not been convicted of any internationally recognized criminal offence but were detained for guild-byassociation. EXPLOITATION and Mistreatment of refugees Constant Threat of Repatriation According to the 1951 Refugee Convention and its 1967 Protocol, it is a violation to return persons to a territory where their lives would be threatened (Human Right Watch) because of a possibility of putting a risk of harsh punishment and torture. However, North Koreans who fled from North Korea are categorized as illegal migrants in China which force them to be arrested and repatriated. It is proven with testimonies that there is an inhumane consequence and punishment for people who fled the country. Moreover, increasing punishment for border crossers worsen situations even more which threatens them to be in a more serious risk. Discrimination and Exploitation Even after North Koreans cross borders and flee from their home country, a torture does not stop. Because of a lack of protection and laws towards North Koreans, people are discriminated and exploited for various ways. In China, a verification of identity is required to receive any types of social services. For North Korea children who do not have any identity, this system prevents them from registering for school and getting education. Women are often sold for a forced marriage and sexually exploited. Due to a categorization of illegal migrants, it is extremely hard for North Koreans to search for jobs which leads them to suffer a starvation and to live in unsanitary living conditions. For children, this system prevents them from getting education. Enforcement of Patriotism In North Korea, it is absolutely forbidden to speak or state anything hostile or criticizing regarding to any governmental activities. North Koreans must show their loyalty and obedience towards their government. If anyone, regardless of nationality, fails to show or acts in a criticizing Chair Report Page 6 of 13

manner, he/she will be subjected to face a severe consequence and punishments. This violates a freedom of expression. Major Parties Involved and Their Views RELEVANT Countries South Korea Compared to North Korea, South Korean government has worked well to promote human rights or to prevent any further violations of human rights thorough monitoring. According to East West Center, South Korean government feels it is absolutely necessary to address issues in North Korea; however, the government should avoid criticizing North Korea s human rights record or inserting human rights issues into inter-korean negotiation. Since both government work on achieving a peaceful reconciliation and unification, South Korea intervening with North Korea s human rights issues will only worsen a tension between them. Over many years, South Korea has provided significant quantities of humanitarian aids to improve its situations. Several UN resolutions which suggest of having more conferences and symposia to raise awareness of North Korean violations were voted by South Korean government. In February 2016, South Korean government closed down the Kaesun Industrial Complex which is located at near a border between South and North Korea as an economic sanction. Also North Korean Human Rights Acts was passed by South Korean authorities in order to make a provision of humanitarian aids and protection for North Koreans. Japan Japan has recently passed a law regarding to North Korea human rights violations. This law mainly focuses on addressing issues of North Korean abductions of Japanese civilians and raising public awareness of abuses and violations occurring in North Korea. Japanese government has worked cooperatively with UN to bring an effective measures to condemn abuses. POWER of Five Nations United States United States has imposed several effective sanctions and has taken actions to tackle human rights abuses and violations in North Korea. An economic sanctions were made to alert North Korean government about a seriousness of this issue. U.S. government made attempts to target its military which operates as secret police, harsh punishment, dangerous labor camps and prisons, and ultimately the Kim regime. However, the concern is often sanctions designed to Chair Report Page 7 of 13

address issues can possibly increase a tension between North Korea and U.S, which can lead to other forms of conflict. President Trump has assigned North Korea to be a top foreign policy priority. China China is one of the nations that is directly involved or has an interaction with North Korea due to geographical and political reasons. Because regions of Northern China is where most North Koreans who flee their home country settle, several key issues, such as mistreatment and exploitation of North Korean refugees, occur there. However, Chinese government s stance on North Korea human rights violations and abuses was shown when they dissociated from the resolution adopted by UN General Assembly. Moreover, when the UN High Commissioners from Refugee asked the Chinese authorities for a permission for an access to refugee camps in China, they denied access. In response, UN requested China for further cooperation. UNITED Nations Organization Commission of Inquiry on Human Rights in the Democratic People s Republic of Korea (COI) To investigate and take further actions against human rights violations and abuses in North Korea, UN HRC established this committee in 2013. The committee gathers information regarding to any human rights issues in North Korea through collecting victims testimonies, accounts of survivors and witnesses, and investigation. Recently, the committee requested North Korea a permission for an investigation. In particular, they deal with, for instance, violations of the right to food, torture and inhuman treatment, enforced disappearances, arbitrary detention and such. The United Nations High Commissioner for Human Rights In 2003, this committee wrote a report on the human rights violations in North Korea and assigned a Special Rapporteur to investigate. Cooperation of European nations and nongovernmental organizations allowed a further investigation and more importantly made an obligation for North Korea to submit an annual report on their human rights situation; however, it was not effective at all. Evaluation of Previous Attempts to Resolve the Issue As a seriousness of human rights violations and abuses gets deeper in North Korea, many attempts from international organizations and several neighboring nations were made; however, some of them were not effective enough to tackle issues at hand. Chair Report Page 8 of 13

On March 23 in 2016, UN HRC submitted a resolution dealing with human rights issues as well as promoting justice and protection for victims in North Korea. This resolution also include a potential method with a cooperation with the International Criminal Court to hold violators account. However, North Korea has decided to ratify total four human right treaties, but North Korean government restricts all forms of freedom which definitely violate protocols in treaties. The resolution submitted by the Commission on Human Rights in 2003 included an obligation for North Korean government to submit an annual report on human rights issues occurring in North Korea as well as to permit an access for further investigation. However, human rights situations which have gotten worse over the years proved that the resolution was ineffective to tackle issues. Still, a lack of information regarding to this issue makes it hard for organizations to take actions against its violations and abuses. Possible Solutions Since human rights issues are such sensitive issues, actions should be taken with an additional carefulness. UN HRC should review any attempts or actions taken in the past in order to analyze a root and cause of failure or ineffectiveness. Considering an official stance of the North Korean government regarding to human rights violations made recently, any possible sanctions can lose its power in terms of pushing its authorities to stop violations and abuses. Instead of imposing sanctions, having international conferences designed specifically to discuss about North Korea human rights violations could be more effective and this will help to promote raising public awareness in order to intensify political and economic pressure. Instead of having an annual conference, it will be more effective to have an international conference every three month. The UN Commission of Inquiry on Human Rights (COI) can invite relevant countries and power of five nations to bring more impactful resolutions towards this issue. Member nations at the conference can discuss any topics regarding to violations of human rights in North Korea; however, it is highly suggested to select a few key issues for each conference and discuss more thoroughly. Regarding to resolve an issue of a threat of repatriation, UN High Commissioner for Refugee can cooperate with United States, South Korea, and Japan to make a provision of humanitarian aid and protection for North Koreans who flee from their home country. It is absolutely necessary to gather information of situations and discrimination occurring in refugee camps in order to bring a more effective measures to address this issue. It is strongly recommended for those three member nations to cooperate and to establish a policy that can provide a safer environment for North Koreans and victims. Because once North Koreans who fled are forcefully repatriated, it is likely that they will be sentenced for years or perhaps face a death penalty. This is considered a very urgent matter which needs an international Chair Report Page 9 of 13

attention. The government of China should cooperate with UN and permit an access for further investigations in regions where most of refugee camps are located. If possible, UN High Commissioner for Refugee can build a center where North Koreans can receive basic services including food, housing, clothes, and education if necessary. More importantly, they will be under a protection of UN which will not put them in danger of forceful repatriation. In order to stop the North Korean government to continue arbitrary arrests and detention, it is important to remind them that arbitrary detention is prohibited as it is shown in Articles 9 of the Universal Declaration. The Working Group on Arbitrary Detention was established for a purpose to investigate any cases that violate an international law relevant to arbitrary arrests and detentions. This committee should monitor situations occurring in North Korea and gather information. Due to North Korea s totalitarian military regime, it is impossible to directly intervene with the government and to tackle issues directly. Therefore, establishing an international law regarding to arrests and detention and applying to cases of arbitrary arrests of foreigners by North Korean police can possibly lessen a severity of this issue. Chair Report Page 10 of 13

Questions a Resolution Should Answer (QARSA) Yangon Model United Nations 2018, IX Annual Session How could UN provide humanitarian assistance in areas where there is a constant threat of repatriation and mistreatment towards North Korean border crossers in Northern China? How should international organizations cooperate to investigate human rights violations occurring in North Korea? Regarding to arbitrary arrests and inhumane punishment, how should International Criminal Court of Justice handle this issues against North Korean government? How are the economic sanctions or any international actions taken against human rights violations and abuses in North Korea effective? Consider the tension emerging between the state s sovereign rights and international cooperation on human rights. Should international community tolerate and recognize North s Korea s selfidentity to guide their own measures to address human rights violation? Bibliography Chair Report Page 11 of 13

Brunnstrom, David, and Additional Ben Blanchard. U.S Sanctions North Koreans for 'Flagrant' Rights Abuse. Reuters, Thomson Reuters, 27 Oct. 2017. China, North Korea, and Human Rights 'Dialogue'. Human Rights Watch, 30 Aug. 2017. Cohen, Roberta. The UN High Commissioner for Human Rights and North Korea. Brookings, Brookings, 28 July 2016. Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea. OHCHR Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea. Justice Needed for North Korea's 'Disappeared'. Human Rights Watch, 5 Sept. 2017. Nichols; Michelle. North Korea Halts U.N. Charm Offensive over Human Rights Record. Reuters, Thomson Reuters, 10 Nov. 2014. North Korea: Harsher Policies against Border-Crossers. Human Rights Watch, 29 Apr. 2015. North Korea. Human Rights Watch, 12 Jan. 2017. OHCHR Working Group on Arbitrary Detention, UN. Time of North Korea Human Rights History. Timeline - The Committee for Human Rights in North Korea. UN Slams North Korea for Human Rights Abuses. Nikkei Asian Review, 15 Nov. 2017. Further Reading Blank, Stephen J., et al. A New UN Approach to Human Rights in North Korea: The 2017 Special Rapporteur's Report 38 North: Informed Analysis of North Korea. 38 North, 10 Dec. 2017. North Korea. Human Rights Watch, 2 May 2017. Osborne, Simon. North Korea SHOCK Photos: What Life Is Really like behind Kim Jong-Un's Iron Curtain. Express.co.uk, Express.co.uk, 1 Dec. 2017. Ross, Eleanor. U.N. Rejects North Korean Human Rights Abuses and Promises Deeper Investigations. Newsweek, 29 Mar. 2017. Chair Report Page 12 of 13

Stories from Survivors Reveal Horrors of Prisons Camps in North Korea. Amnesty International USA, 4 Mar. 2013. UN: Expose Abuses of Women in Detention in North Korea. Human Rights Watch, 6 Nov. 2017. Chair Report Page 13 of 13