Seoul must address limitations of its North Korean human rights law

Eleven years after its initial proposal, the North Korean Human Rights Act was finally passed on September 4. This marks the first time that the South Korean government has officially acknowledged a need for action on the issue of North Korean human rights, igniting optimism that this may bring about realistic changes to address the unparalleled human rights violations occurring in North Korea. 

In addition to establishing a North Korean human rights foundation, the South Korean government will begin concerted efforts to meticulously document North Korean human rights violations to hold accountable those responsible. 

Substantial progress appears likely, as the new foundation has been designated an annual budget of 13.4 billion won (approx 12.3 million USD) to support existing efforts undertaken by non-governmental North Korean human rights organizations based in South Korea, subject to a grant application and screening process. The foundation is currently in the midst of selecting its board of directors and finalizing organizational management details. 

However, critics have pointed out several limitations inherent in the bill. After considerable political wrangling between the ruling and opposition parties, its wording now stipulates that “North Korean defectors residing in a third country” will not be protected under the bill, ostensibly due to diplomatic sensitivities and the uncertain nature of North-South Korea relations. 

“Over the past 11 years, the Saenuri Party (including the Hannara Party) have consistently sought to include an article guaranteeing protection of North Korean defectors residing in third countries, but this has been omitted as a result of negotiations with the opposition (Minjoo) party. Seen from a human rights perspective, priority issues have been left out and these must be urgently addressed,” said Lee Won Woong, Professor of Social Welfare at Catholic Kwandong University. 

Many have also voiced concerns over the absence of plans to promote the right to information and freedom of information for North Koreans. 

“Kim Jong Un shows no intention of abandoning nuclear weapons, so rather than engaging the North Korean regime, we have no choice but to attempt to engage the people of North Korea. In order to do this, we need a proactive strategy to support freedom of information. So it is difficult to understand why there isn’t an article in support of information dissemination and radio broadcasting into North Korea,” said Cho Han Bum, senior researcher at the Korea Institute for National Unification. 

Kim Young Hwan, researcher at the Network for North Korean Democracy and Human Rights, added, “Efforts to secure freedom of information in North Korea will change the mindset of North Korean residents, which will initiate irreversible change at the grassroots level.” 

Legislative assembly member Ha Tae Kyoung of the Saenuri Party has been pushing for the introduction of a second North Korean human rights bill in light of the recent concerns. “There needs to be an additional bill to secure the right to information for North Korean residents and we must work together again to prepare for such a bill.”