Dec. 8th: Inquiry on Crimes Against Humanity in N. Korean Political Prisons

As one who has played a small role in organizing this event, I’m pleased to announce it here at OFK:image002

In my capacity as one of the co-organizers of the Inquiry on Crimes Against Humanity in North Korean Political Prisons, I write to invite you to a groundbreaking hearing that will feature live testimony from three North Korean defectors: a former prisoner, a former prison guard, and a former official from the Ministry of People’s Security, which oversees North Korea’s network of gulags. Three renowned jurists will preside over the hearing: Navanethem Pillay (Chair), Mark Harmon, and Thomas Buergenthal. Collectively, these luminaries have served on the International Criminal Court (ICC), International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for the Former Yugoslavia (ICTY), the Khmer Rouge Tribunal (ECCC), and the International Court of Justice (ICJ). Notably, it was during Ms. Pillay’s tenure as the United Nations High Commissioner for Human Rights that the U.N. Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (“COI”) conducted its investigation and issued its landmark report. The hearing also will feature expert testimony from renowned experts on North Korea’s gulags and its penal system generally — David Hawk and Ken Gause. With pro bono assistance from the law firm of Hogan Lovells, the case will be presented by members of the IBA’s War Crimes Committee, Greg Kehoe, Federica D’Alessandra and Steven Kay, Q.C., the latter of whom worked on notable trials such as the Milosevic case (ICTY), and the Kenyatta case (ICC).

The hearing will be held at the Johns Hopkins School of Advanced International Studies (SAIS) on December 8th in Washington, D.C.

The Inquiry is an unofficial follow-on to the United Nations COI referenced above, and will focus solely on alleged crimes against humanity in North Korean political prisons. The Inquiry seeks to advance three goals: (1) to increase awareness of human rights violations in North Korean political prisons, (2) to explore the practical and legal barriers associated with holding the architects and overseers of the political prison system accountable for alleged crimes against humanity, and (3) to provide a model that other civil society organizations may wish to replicate when accountability for past or ongoing human rights violations has proven elusive because of inaction by the international community or otherwise.

To RSVP, please contact Ms. Sosseh Prom at sosseh.prom@int-bar.org.

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The North Korean Army’s rape epidemic

Screen Shot 2016-04-21 at 8.12.22 AMA few days ago, the Korea Times carried a profile of Lee So-yeon, a native of Hoeryong in North Korea’s far northeast, who defected to the South in 2008, did menial jobs for a few years, later earned her bachelor’s degree in social welfare from Gukje Cyber University based in Suwon, and then founded an NGO called the North Korea Women’s Union.

Founded in 2011, the group hosts talks at schools and other groups, and provides job training and psychological counseling to defectors as well. What makes Lee, a defector, stand out is that she comes forth to speak about the ordeals of women defectors from North Korea.

“Whether it’s in the restaurant business, in the radio industry or something else, I believe North Korean defectors groups all are working for unification, for the democratization of North Korea and for change in North Korea,” Lee said in a recent interview at her office in Dangsan-dong, western Seoul. [Korea Times]

By Lee’s reckoning, she endured far less than other women refugees whose accounts she’s heard: “[W]hen I hear the stories of other female defectors, I think they are the stuff for movies.” After all, Lee was only caught and sent back for one attempted defection, and only spent one year in a North Korean prison for it. The interview briefly mentions that Lee previously served in the North Korean army’s signal corps, but doesn’t mention what she endured during her service. But elsewhere, Lee talked about what army life is like for female soldiers in North Korea, and what she said was horrifying.

“Out of 120 soldiers in my unit, there were only 20 men, but they were all high-ranking officers. I was in the 1st squad, but a couple of squad leaders in the 2nd squad raped every single one of the low-ranking female soldiers,” Lee testified.

[….]

One defector, Kim Eun-mi, who worked as a railway attendant, said in the conference, “women crew members often fell victim to sexual assault and rape, which was common in trains carrying soldiers, especially in the evening when lights were turned off.”

Kim also mentioned that she worked under a squalid condition where female crew had to “reuse sanitary pads that were already solidified (with blood).”

Choi Su-hyang, a former nurse in the North Korean Army, left the country for the South in 2014. She pointed out that 30 to 40 percent of the North‘s military personnel are women, who are often raped and assaulted by superior officers.

Adding to the sexual assault, she added, most military soldiers, both males and females, suffer from malnutrition, and are at high risk of contracting diseases like hepatitis and tuberculosis. [Korea Herald]

A New York Times blog also took notice of the accounts, but could have found many other consistent ones. New Focus International has previously reported that North Korean soldiers commonly stalk and rape civilian women, often impregnating them or infecting them with sexually-transmitted diseases contracted from prostitutes. Women aren’t the only victims, either. Male soldiers also suffer frequent abuse, including sexual abuse, by their superiors.

To maintain such a large army in proportion to its population, the North Korean military has long terms of enlistment, often as long as ten years. Soldiers aren’t allowed to marry or have girlfriends, so rape and prostitution become outlets for their desires. The state and the command don’t punish rape or abuse — sexual or otherwise — thus creating an environment of impunity.

“Those who got pregnant were sent to a hospital in the city of Haeju, South Hwanghae Province, the only hospital in the vicinity of the military base,” Lee said, according to the report. “Medical personnel in the hospital who found out about the incident divulged the fact after two years.”

Rape targeting female soldiers is frequent at North Korean military bases and those responsible are rarely punished, she said. Victims are often dishonorably discharged from the military.

“Authorities, aware of time and money invested in nurturing high-ranking male officers, are reluctant to punish them, although they are responsible for the crime,” Lee said. [Korea Times]

The U.N. Commission of Inquiry found evidence of frequent rapes and murders of female inmates in its prison camps, and that violence against women both in public and in the home was commonplace.

I’ve prosecuted and defended multiple sexual assault cases in the U.S. Army (nearly all of them soldier-on-soldier, with an occasional civilian wife as the accuser), and it must be the case that sexual assault is a serious problem that every army has to confront. That’s just a demographic inevitability. What implicates a command as responsible for the problem is whether it investigates and prosecutes credible allegations, whether it maintains a fair process to try the accused, and whether it punishes the guilty. What’s clear is that the North Korean government appears to be doing none of those things. What’s less clear is why some self-described feminists in this country give the North Korean government a free pass for that.

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South Korean National Assembly passes human rights bill. Finally.

Last month, I leveled some bitter criticism at South Korea’s opposition Minju Party for blocking North Korean human rights legislation (ironically enough, “Minju” means “democracy”). This week, after an eleven-year battle, the opposition finally gave up its obstructionism, yielded to the tides of morality and history, and allowed the bill to pass the National Assembly. The final vote for 212 for and 24 abstentions (and none against?).

Belated as it was, this victory gives us some reasons to rejoice. First, it’s a hopeful sign that some in the Minju Party are breaking with their tradition of anti-anti-North Korean willful blindness to the horrors in the North. This is fresh evidence that South Korea’s political realignment on North Korea policy goes on.

Second, we finally get to see what the bill does in enough detail to see that it does some useful things, which I’ll discuss in ascending order of importance. It creates committees and commissions studies to keep human rights issues in the government’s policy and plans. As with the American analog to the South Korean bill, it is sometimes necessary to force diplomats not to forget such things. When it becomes law, the bill will also require Seoul “to seek human rights talks with North Korea.”

There will be needed reforms to humanitarian aid programs, prioritizing “children and pregnant women as being the main recipients of government humanitarian aid,” and mandating that aid “should be monitored for transparency in accordance with international standards.” This reflects concerns that, as Yonhap puts it, “past government food assistance ended up in the hands of the North Korean military and the ruling elites instead of helping ordinary people.”

Then there is the weighty question of accountability, which has been much on the mind of Special Rapporteur Marzuki Darusman and Justice Michael Kirby. One of the bill’s more controversial provisions was its creation of an archive of human rights abuses in North Korea. The opposition objected to the prosecutorial implications of housing this database in the Justice Ministry and wanted it kept in the Unification Ministry. In the end, the ruling Saenuri Party mostly got its way — the Unification Ministry will collect, archive, publish the information, but will also share it with the Justice Ministry.

The goal of establishing the human rights archive, inspired by the post-war German model, is to monitor and document the crimes of the North Korean dictatorship. It is vital to note that no such archive or record has ever existed in South Korea. [Human Rights Foundation]

The bill’s most consequential provisions direct a new human rights archive to collect and publish “information about human rights in North Korea,” to Korean audiences on both sides of the DMZ. That pleases some of us …

“We in the Global Coalition are delighted that the South Korean government will—for the first time ever—finance the defector organizations that send films, e-books, radio broadcasts, and educational materials to the North Korean people.”

The North Korean Human Rights Act also establishes a public campaign to raise awareness about North Korea’s human rights violations and takes steps to ensure that South Korean humanitarian aid is not misused by the Kim regime. The goal of establishing the human rights archive, inspired by the post-war German model, is to monitor and document the crimes of the North Korean dictatorship. It is vital to note that no such archive or record has ever existed in South Korea. [Human Rights Foundation]

… and makes other people deeply uncomfortable.

Some critics say the foundation may assist civic groups that send leaflets or make radio broadcasts to North Korea to provide information to people about their authoritarian homeland. [AP, Hyung-Jin Kim]

As if that’s a bad thing. As if North Korea doesn’t have extensive propaganda and influence operations of its own in South Korea. It’s not like the North Koreans have a legitimate complaint here, but legitimacy has never been an object for Pyongyang. Its state media says that enactment of the bill into law will result in “miserable ruin.”

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. Despite overwhelming evidence to the contrary, the Obama Administration’s official view is that North Korea is “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.” Discuss among yourselves.

Of the many heroes in this story, none stands greater than former political prisoner, lawmaker, and Governor of Kyonggi Province Kim Moon-soo, whom I profiled here and here during the Paleozoic era of this blog. Kim sponsored the original form of this legislation back in 2005, near the height of the Sunshine Policy’s popularity.

“While its passage is long overdue, the country can now defect (sic: deflect?) international criticism for not approving a North Korean human rights law,” said Kim Moon-soo, who first submitted the law 11 years ago. “People inside the North will know about the law’s enactment and it will put considerable pressure on the political elite in Pyongyang.” [Yonhap]

One day, Governor Kim will make a fine President of a united Korea. Let’s also remember the hard work of Hwang Woo-yea, who fought for years to get this bill through the National Assembly.

Other proponents, including Kim Seong-min of Free North Korea radio and Park Sang-hak of Fighters for a Free North Korea, both refugees from North Korea who became dissidents in exile — and at least one of them, the target of an assassination attempt by North Korean agents — were more skeptical. Understandably, both complained about the long delay in the bill’s passage.

Kim Seong-min, head of Free North Korea Radio, based in Seoul, said it took too long for the bill to be passed, especially in light of the suffering endured by North Koreans all these years. The defector-turned-activist, who came to the South in 1999, voiced hope that the new law would give civic groups in the South championing North Korean human rights “big momentum” to speed their work and help get outside information into the North. [….]

Others like Park Sang-hak, head of a leading civic group that flies anti-North leaflets across the border, criticized the bill for having a clause that calls for improvement in inter-Korea relations. “I don’t see why the bill encourages dialogue with an evil-natured regime,” said the activist. [Yonhap]

Another reason to rejoice is that the hard work of NGOs like the Human Rights Foundation, among many others, paid off. Thor Halvorssen, Garry Kasparov, and the HRF had joined the push for the bill and were understandably pleased by its passage.

Last September, the Global Coalition visited Seoul to campaign for the Act and hosted a widely-publicized press conference that included Garry Kasparov, Serbian democracy advocate Srdja Popovic, North Korean defector Ji Seong-ho, and South Korean lawyer Kim Tae-hoon. Other members of the Global Coalition include Malaysia’s opposition leader Nurul Izzah Anwar, Harvard cognitive scientist Steven Pinker, Wikipedia founder Jimmy Wales, Stanford political scientist Larry Diamond, North Korean defector Jung Gwang-il, Peru’s former president Alejandro Toledo, Romania’s former president Emil Constantinescu, and Ukraine’s former president Viktor Yushchenko.

South Korea’s failure to pass the bill had become a global embarrassment.

“The Republic of Korea has taken its head out of the sand and has finally confronted the cruelty and horror of the North Korean dictatorship. It is a victory for all who support human rights and human dignity,” said HRF chairman Garry Kasparov. [Human Rights Foundation]

Oh, and this, via HRF:

Its North Korea program has resulted in multiple threats of violence emanating from the North Korean government including threats of assassination, bodily harm, and missile attacks on HRF staff, members, and associates. [Human Rights Foundation]

President Bush removed North Korea from the list … oh, never mind. Congratulations to all who fought for this soon-to-be law, and please donate your old flash drive to Flash Drives for Freedom.

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Rev. Tim Peters is feeding N. Korea’s hungry, and showing us how to re-think food aid

The Rev. Tim Peters, a man who embodies everything I admire about the word “Christian,” leads the group Helping Hands Korea, which has been helping North Koreans escape for more than a decade. Now, he’s putting into action what I call “guerrilla engagement,” reaching inside North Korea covertly and helping its oppressed and starved classes achieve material independence. He’s doing it by harnessing the private sotoji farms that operate on the edge of legality, and which may have saved North Korea from famine last year.

Rather than just spiriting a trickle of refugees to freedom abroad, he is also smuggling nutrient-rich vegetable seeds into North Korea, in a bold effort to provide food security for the 24.9 million people still trapped behind its barbed wire borders.

This campaign comes at a critical time. Due to some minor land reforms in the North, rural families now are allowed to cultivate tiny plots of land privately. A China-based refugee explained to him: “We have the land now, but we don’t have seeds.” [….]

Reverend Peters recalled of that time: “We sent the first batches into North Korea using various networks. Soon after that, another Catacombs member, Ed, mentioned that his grandfather bequeathed to him a chestnut orchard some time ago. I half-jokingly said: ‘Ed, are all those chestnuts just rotting on the ground when you’re over here in Korea?’ The next thing I knew, his family had sent a big box of seeds from America as a donation to our initiative. That is how The Seed Project began.”

Catacombs volunteers — a motley assortment of graduate students, English teachers, military personnel, and local high school students — now gather weekly at a small art gallery. Their goal is to repackage high-quality vegetable seeds with Korean planting instructions, while keeping up-to-date on the latest North Korea headlines. This winter, they have prepped over one thousand units. [Rachel Stine, The World Post]

I’m proud to call Rev. Peters, and several other participants in this program, my friends:

Despite the religious nature of Peters’ approach, Catacombs enjoys significant support from human rights activists on the secular left. At any given meeting, a third of the attendees are atheist or agnostic. Included in this demographic is regular attendant Craig Urquhart. A Canadian activist, Craig recently donated approximately 100 packets of organic, heirloom seeds designed to grow well in frosty climates.

“It’s not like we’re sending Bibles North,” he said. “We’re sending seeds – food – and a path to a better future. Sending seeds North is one way to help North Koreans who suffer repression by their government. It slightly reduces their dependence on the state dictatorship and it fosters food independence. There’s no negative to this kind of engagement.”

Kurt Achin, a Seoul-based journalist and Catholic supporter of the program, remarked: “I met Tim in 2004 when I came over here to report on defectors and human rights. I am a huge supporter of his quiet approach.”

My only complaint about this otherwise groundbreaking article is that it cites low estimates of the percentage of food-insecure North Koreans. According to recent U.N. reports, that number is somewhere between 70 and 84 percent. Admittedly, U.N. assessments should be treated with skepticism; they may well be skewed by both regime manipulation and the hoarding of food, including sotoji-grown food.

The obvious challenge for this program will be to stay covert and avoid the state’s domination. After more than two decades of humanitarian aid from the U.N. and various NGOs — aid that has long been subject to diversion and manipulation — North Korea is still in a chronic food crisis despite being an industrialized society in a temperate zone with more than enough cash to feed every last North Korean. And after all, how different is the weather in North Korea (perpetual food crisis) from that in South Korea (no food crisis)?

Without a doubt, regime-sanctioned aid must have helped many (but certainly not most) needy North Koreans, but it has not solved the larger food crisis, and may even be contributing to it. As Benjamin K. Silberstein writes, “Humanitarian aid is given with the best of intentions, but in the long run, by helping the North Korean regime avoid necessary policy choices, it may be harming rather than helping the North Korean population.” Or, as Nicholas Eberstadt wrote recently:

There is one final, and particularly bitter, piece in the puzzle: the role of foreign aid in financing and ultimately facilitating North Korea’s ruin. Mirror statistics reveal that the DPRK has never been self-supporting. To the contrary, it has relied on a perennial inflow of foreign resources to sustain itself. Since 1960, North Korea has reportedly received more than $60 billion (in today’s dollars) more merchandise from abroad than it has shipped overseas. Nearly $45 billion of that came from Beijing and Moscow—a figure we can treat as a rough approximation of total Chinese and Soviet/Russian financial support.

Why didn’t these massive transfers result in any appreciable measure of long-term economic advancement? The work of economists Craig Burnside, David Dollar and Lant Pritchett, published in the late 1990s under the aegis of the World Bank, suggests an answer: Aid can have a negative effect on growth when a recipient state has a bad business climate, because foreign subsidies allow the regime, in the short term, to escape the consequences of its misrule. In such cases, the greater the volume of aid, the bigger the harm.

Unfortunately, North Korea’s horrific economic performance was enabled in part by leaders abroad who sent billions of dollars to Pyongyang. Those resources allowed the Kim dynasty to continue policies so patently destructive that they would have been forced to cease, or at least to moderate, them absent subsidy from overseas.

International aid workers and humanitarian policy makers have always feared that foreign assistance, through cascading mishaps, might leave recipients poorer and worse off in the end. [Wall Street Journal]

If Helping Hands can keep operating below the state’s radar, it can be a small beginning for a series of far greater things. With material independence comes intellectual independence. If you want to donate to Helping Hands Korea, here’s a link.

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Video: N. Korea human rights conference at SAIS, with keynote by Hon. Michael Kirby

On Tuesday, I took a day off from the day job to attend an outstanding conference, organized by the International Bar Association, the Defense Forum Foundation, Robert F. Kennedy Human Rights, the Committee for Human Rights in North Korea, the North Korean Freedom Coalition, and the Johns Hopkins School of Advanced International Studies. Rather than describe it, I’ll just give you a little weekend viewing and post the whole thing.

The first video starts with introductions by Jae Ku of SAIS, and speeches by Sen. Cory Gardner, Amb. Ahn Ho-Young, and Amb. Lee Jong-Hoon. After this, there were five panels:

9:45am-11:15am Panel I: Human Rights in North Korea Today

  • Moderator: Greg Scarlatoiu: Exec. Director, Committee for Human Rights in North Korea (HRNK); 
  • Robert Herman: VP for Regional Programs, Freedom House
  • Amb. Lee Jung-Hoon: Ambassador for Human Rights, Republic of Korea
  • Amb. Robert King: Special Envoy for North Korean Human Rights Issues, State Department
  • John Sifton: Asia Advocacy Director, Human Rights Watch

11:30am-1:00pm Panel II: Sanctions

  • Moderator: Sung-Yoon Lee: Professor, Fletcher School of Law and Diplomacy
  • Frank Jannuzi: President & CEO, The Maureen and Mike Mansfield Foundation
  • Bruce Klingner: Senior Research Fellow, The Heritage Foundation, Asian Studies Center
  • William Newcomb: Former Member, UN Security Council Panel of Experts on DPRK Sanctions
  • Joshua Stanton: One Free Korea

1:00pm-2:00pm LUNCHEON AND KEYNOTE SPEECH: Hon. Michael D. Kirby, Chair, U.N. Commission of Inquiry on Human Rights in the Democratic Republic of North Korea.

Special thanks to Shaquille for taking this photo:

IMG-20151027-00068

2:00pm-3:30pm Panel III: Accountability for Human Rights Violations

  • Moderator: Roberta Cohen: Non Resident Senior Fellow, Brookings Institution, Committee for Human Rights in North Korea (HRNK)
  • Param-Preet Singh: Senior Counsel, Human Rights Watch, International Justice Program
  • Morse Tan: Associate Professor of Law, Northern Illinois University College of Law
  • David Tolbert: President, International Center for Transitional Justice

3:45pm-5:15pm Panel IV: Indigenous and Cross-Border Activities Aimed at Advancing Human Rights in North Korea

  • Moderator: Suzanne Scholte: President, Defense Forum Foundation
  • Jieun Baek: Fellow, Harvard University, Belfer Center for Science and International Affairs
  • Scott Busby: Deputy Asst. Secretary, State Department, Bureau of Democracy, Human Rights, and Labor
  • Kang Cheol-Hwan: President, North Korea Strategy Center
  • John Fox: Founder, I-Media
  • Kim Seong Min: Founder, Free North Korea Radio


The unsung heroine of the conference was a young woman named Sosseh, who works for the International Bar Association. Sosseh handled the organization, scheduling, and logistics of all of the events, and made it all run like clockwork.

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U.N. report demands that N. Korean leaders be held accountable through prosecution, sanctions

marzukiU.N. Special Rapporteur Marzuki Darusman has issued another report on human rights in North Korea (or more accurately, the lack thereof). The bad news is that the situation hasn’t improved, and North Korea and China are still stonewalling:

Regrettably, the situation remains the same, despite the grave concerns reiterated by the international community in different forums. The Special Rapporteur also reflects on issues around accountability for those human rights violations, which should be addressed at an early stage, and on current efforts by the international community to address the human rights situation in the Democratic People’s Republic of Korea in general.

3. The Special Rapporteur wishes to highlight from the outset that in March and again in June 2015 he requested meetings with delegates from the Democratic People’s Republic of Korea to follow up on the discussions that he had with them in October 2014 in New York. He regrets that his requests were declined. He firmly believes in the value of dialogue and hopes that the authorities will answer his future request positively.

The good news is that the report itself is strong — exceptionally so. In clear and strong language, it recounts the reports of North Korea’s recent waves of purges and executions, its failure to make progress on the return of abductees, its refusal let divided families reunite, and evidence that North Korea and China systematically abuse North Korean women, including by forcing them into sexual slavery.

41. The Special Rapporteur notes with great concern from the data provided by the Ministry of Unification on arrivals of defectors in the Republic of Korea that more than 70 per cent of the defectors are women. A striking estimate of 70-90 per cent of those women reportedly become victims of human trafficking and are subjected to, inter alia, forced marriage and sexual exploitation in China and in other Asian countries.14 They are particularly vulnerable to actions by smuggling gangs, whose influence has significantly increased recently owing to the clampdown by Chinese authorities on charities and evangelical groups from the Republic of Korea that used to facilitate their escape through China. 

42. Female overseas workers from the Democratic People’s Republic of Korea sent to China have also fallen victim to sexual exploitation. It was reported that, in June 2014, the Government of China deported a group of female workers in a food factory because they were forced into prostitution at night, upon instructions from an executive of the factory and with the complicity of the security personnel from the Democratic People’s Republic of Korea in charge of their surveillance. The latter was also forcibly repatriated.

The report also denounced China’s inhumane repatriation of refugees, including children, to an uncertain fate in North Korea.

36. In that regard, the Special Rapporteur is strongly concerned by reports indicating that a group of 29 citizens of the Democratic People’s Republic of Korea, including a 1-year-old child, were detained by the Chinese authorities in Shandong and Yunnan provinces between 15 and 17 July 2014 and subsequently forcibly returned to their country of origin.12 Their whereabouts were unknown at the time of writing. In addition, in October 2014, the Chinese authorities reportedly arrested 11 individuals (10 adults and 1 child aged 7) from the Democratic People’s Republic of Korea who were seeking to enter Myanmar in the southern region of Yunnan province.13 Their whereabouts are also unknown.

37. The Special Rapporteur notes that the Committee against Torture included that case in its list of issues in relation to the fifth periodic report of China. It sought information about their fate upon return and enquired, inter alia, whether there were “post-return monitoring arrangements in place to ensure that those returned to the Democratic People’s Republic of Korea are protected from the danger of being subjected to torture” (CAT/C/CHN/Q/5/Add.1, para. 9). He hopes that the Government of China will clarify the matter during the fifty-sixth session of the Committee, in November 2015.

38. The Special Rapporteur regrets that his requests to meet representatives of the Permanent Missions of China in Geneva and New York in March and May 2015, respectively, were unsuccessful. He remains available to engage in constructive dialogue with the Government of China to find a sustainable solution to that pressing issue.

Some of the report’s best language, however, dealt with North Korea’s exports of forced labor for hard currency. Its choice of words in this context — “forced labor,” “slave labor,” “contemporary forms of slavery” — deserves to draw greater global attention and action. And it names names:

26. According to various studies, it is estimated that more than 50,000 workers from the Democratic People’s Republic of Korea operate abroad. 8 The vast majority are currently employed in China and the Russian Federation. Other countries where workers operate reportedly include Algeria, Angola, Cambodia, Equatorial Guinea, Ethiopia, Kuwait, Libya, Malaysia, Mongolia, Myanmar, Nigeria, Oman, Poland, Qatar and the United Arab Emirates.

27. The overseas workers are employed mainly in the mining, logging, textile and construction industries. Their conditions of work have been documented by civil society organizations that conducted interviews with former overseas workers.

They found that:

    (a) The workers do not know the details of their employment contract;

    (b) Tasks are assigned according to the worker’s State-assigned social class (songbun): the lower classes are reportedly assigned the most dangerous and tedious tasks. Workers with relatives in the country are preferred, to ensure that they will fully comply while abroad;

    (c) Workers earn on average between $120 and $150 per month, while employers in fact pay significantly higher amounts to the Government of the Democratic People’s Republic of Korea (employers deposit the salaries of the workers in accounts controlled by companies from the Democratic People’s Republic of Korea);

    (d) Workers are forced to work sometimes up to 20 hours per day, with only one or two rest days per month. In some instances, if they do not fulfil the monthly quota imposed, they reportedly do not get paid;

    (e) Health and safety measures are often inadequate. Safety accidents are reportedly not reported to local authorities but handled by security agents;

    (f) Workers are given insufficient daily food rations;

    (g) Freedom of movement of overseas workers is unduly restricted. Workers are under constant surveillance by security personnel from the Democratic People’s Republic of Korea in charge of ensuring that they comply with the Government’s rules and regulations. Those agents confiscate the workers’ passports. The workers are also forbidden to return to the Democratic People’s Republic of Korea during their assignment;

    (h) Workers are threatened with repatriation if they do not perform well enough or commit infractions. Defectors apprehended are sent back to the Democratic People’s Republic of Korea.

28. It is alleged that the host authorities never monitor the working conditions of overseas workers.

29. It is worth noting that the Government of the Democratic People’s Republic of Korea is paying increased attention to the scrutiny by foreign media and organizations on its overseas workers. In April 2015, it issued instructions to overseas workers and supervisors to prevent anyone from reporting human rights abuses in the workplace. Workers and supervisors have reportedly been ordered to destroy any recording equipment, confiscate the memory cards and even assault the person documenting the abuses. Failure to do so would result in the worker or supervisor being punished, although it is not clear what type of punishment would be applied.

30. The Special Rapporteur notes (with satisfaction) the decision in May 2015 of a construction company in Qatar to dismiss 90 employees from the Democratic People’s Republic of Korea (nearly half of the workforce employed) for alleged repeated violations of domestic labour legislation. According to the company, “supervisors responsible for the well-being of their workers have been continuously forcing them to work more than 12 hours a day. The food provided to their workforce is below standards. Site health and safety procedures are ignored regularly”.

10 One of the workers reportedly died as a result of such treatment. The company agreed to keep the remaining workers from the Democratic People’s Republic of Korea under the condition that they no longer breach any rules. 

31. The Special Rapporteur takes all such reports very seriously. He intends to pay close and sustained attention to the issue in future, with the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR) office in Seoul. To that end, he calls upon the Member States concerned to grant him, his successor and OHCHR staff access to verify all of the allegations.

32. The Special Rapporteur reminds the Democratic People’s Republic of Korea of its obligation under article 8 of the International Covenant on Civil and Political Rights not to engage in forced labour. He stresses that companies hiring overseas workers from the Democratic People’s Republic of Korea become complicit in an unacceptable system of forced labour. They should report any abuses to the local authorities, which have the obligation to investigate thoroughly, and end such partnership.

In other places, the Special Rapporteur’s report shows why his office needs investigative support to keep up with the evidence. Paragraph 16, for example, cites unverified reports that Camp 15 was being dismantled, but we’ve since seen reliable reporting, backed by satellite imagery, that refutes this claim. The report also cites reports that nine North Korean children repatriated by the Laotian government might have been executed or sent to Camp 14, but fails to note that Pyongyang, no doubt mindful of the attention they’ve attracted, later showed (at least some of) the children on television. These are distracting errors, but now that the Seoul field office has started its work, we can expect to see the quality, length, and frequency of the Special Rapporteur’s reports improve.

It’s equally apparent that the Seoul field office, which is working under threats of violence by Pyongyang, needs the Special Rapporteur to offer it some protection from those threats. After all, the Reconnaissance General Bureau is both willing and able to carry out assassinations inside South Korea. Marzuki denounced those threats at length:

65. In relation to the third point, the Special Rapporteur notes with deep concern the series of threats issued by the authorities and media of the Democratic People’s Republic of Korea against the Seoul office. On 23 June 2015, the Ministry of Foreign Affairs of the Democratic People’s Republic of Korea issued a statement accusing the “hostile forces” in the international community led by the United States of America of using the field presence to plot against the Democratic People’s Republic of Korea and “incite confrontation under the pretext of protecting human rights”. On 30 March 2015, the Pyongyang Committee for the Peaceful Reunification of Korea released a statement threatening an attack against the then forthcoming office and accusing the Republic of Korea and the United States of orchestrating a human rights plot against the Democratic People’s Republic of Korea. The statement specifically said: “we will never sit back and watch as South Korea hosts the United Nations office on human rights of DPRK in Seoul. As soon as the nest for an anti-DPRK (North Korea) smear campaign is in place in the South, it will immediately become the first target for our merciless punishment.” In May 2015, the newspaper Minju Joson stated that “[the Democratic People’s Republic of Korea] will never pardon but mercilessly punish those hell-bent on the anti-DPRK ‘human rights’ racket, whether they are the puppet forces or their masters or those going under the mask of any international body”. 18

66. This is not the first time that the Democratic People’s Republic of Korea has issued a threat. On 9 June 2014, a spokesperson for the Pyongyang Committee for the Peaceful Reunification of Korea released a statement protesting against the OHCHR field office in the Republic of Korea, threatening punishment and attacks at those involved in the plan, as well as staff in the office, referring to the plan as a scheme led by the United States and the Republic of Korea. 

67. The Special Rapporteur urges the authorities of the Democratic People’s Republic of Korea to cease issuing such threats. He believes that it is totally unacceptable for the Government of a United Nations Member State to issue a statement that blatantly threatens punishment and attacks on a United Nations office and its staff members. He stresses that the Democratic People’s Republic of Korea, as a member of the United Nations, has a responsibility under the Charter of the United Nations to protect the United Nations, its staff and its assets.

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. Despite overwhelming evidence to the contrary, the Obama Administration’s official view is that North Korea is “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.” Discuss among yourselves.

Clearly, then, this Special Rapporteur will not let the world forget what the Commission of Inquiry told us about crimes against humanity in North Korea. He repeated his call to hold the responsible North Korean officials accountable:

49. The Special Rapporteur remains convinced that the accountability track must be pursued urgently, in parallel with sustained efforts to seek engagement with the Democratic People’s Republic of Korea. It is an irreversible process that the authorities will have to face sooner or later.

50. In his view, issues around accountability should be addressed at an early stage and with long-term strategies in mind. A process of reflection and discussion on possible accountability mechanisms and processes should start as soon as possible. This should not be done, as in previous instances with other countries, at the last minute of a change process.

Both Pyongyang and Beijing have ignored the Special Rapporteur’s attempts to engage them, and to cooperate with an investigation of the allegations. Beijing still intends to block any attempt by the Security Council to hold Kim Jong-Un accountable. Yet the Special Rapporteur did not yield on the urgency and importance of accountability. In addition to repeating the Commission of Inquiry’s call for a referral to the International Criminal Court, it called for establishing an ad hoc tribunal, and a human rights contact group of member states. Which sounds a lot like what S. 2144, a bill introduced by three Republican U.S. Senators, also called for (see, e.g., sections 302 and 305). The report also called for financial accountability through targeted, bilateral sanctions. 

55. In addition to a possible referral to the International Criminal Court, the Security Council, as encouraged by the General Assembly, should consider the scope for effective targeted sanctions against those who appear to be most responsible for acts that the commission deemed to constitute crimes against humanity. While the Council has yet to consider taking action on the matter, the Special Rapporteur welcomes the steps that some Member States have begun to take on a bilateral basis in that direction.

I don’t know what states other than the U.S. the Special Rapporteur might have had in mind. The logic is clear: if the Security Council won’t act, then it’s up to member states to use their national laws, and to mobilize world opinion, to force Pyongyang to change. And thankfully, that’s exactly where things seem to be headed. Indeed, one sees an almost unprecedented convergence here between a U.N. report and a Republican-led Congress. Meanwhile, President Obama sits passively, like the king of an ancient Asian vassal state, deferring to the emperor in the Forbidden City.

The U.N. has not shown itself to be an effective agent for action, but at least reports like these, and the excellent reports of the U.N. Panel of Experts monitoring sanctions compliance, show that the U.N. can still be an effective fact-finder. Eventually — though too late for far too many North Koreans — better facts will make better policies.

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Twenty women Senators do what @GloriaSteinem and @WomenCrossDMZ won’t: Stand up for women in N. Korea’s gulag

With the possible exceptions of Mosul and Raqqa, there may be no worse place on earth to be a woman today than inside North Korea’s prison camps. There, according to a U.N. Commission of Inquiry, “the conditions of subjugation of inmates, coupled with the general climate of impunity, creates an environment, in which rape perpetrated by guards and prisoners in privileged positions is common.” The Commission found that “[w]ithout exception, pregnant victims are subject to abortion or their child is killed at birth.” High percentages of female prisoners die of starvation, disease, torture, and arbitrary execution.

One former prisoner, a woman named Kim Hye-sook, told the Commission of Inquiry that “the women who worked in the mines of Political Prison Camp No. 18 feared assignment to the nightshift, because guards and prisoners preyed on them on their way to and from work and rape them.” Another witness “reported that the guards of Camp No. 18 were especially targeting teenage girls.” A former guard told of “how the camp authorities made female inmates available for sexual abuse to a very senior official who regularly visited the camp,” and that “[a]fter the official raped the women, the victims were killed.” One former guard recalled that after the commander of his unit raped a woman, who subsequently gave birth, “[t]he mother and her child were taken to the detention and punishment block, where the baby was thrown in the feeding bowl for the dogs.” (U.N. Commission of Inquiry, Full Report, para. 766) Another former guard at Camp 16 told Amnesty International that “several women inmates disappeared after they had been raped by officials,” and concluded “that they had been executed secretly.” 

Especially beautiful women suffered the most. It has been known that Kim Byeong-Ha, who was the Bowibu director and set up political prison camps in 1972, selected pretty women and slept with them in an inspection visit to the camps. Then those women were transferred to the director of the 3rd Bureau (Pretrial Examination Bureau) of the Bowibu and used as an experiment subject and killed. [….]

There is a “Cadre Guest House” at No. 14 Political Prison Camp. It is a special building where ministers or deputy ministers from Pyeongyang stay. When senior officials come from Pyeongyang, pretty maidens aged 21 to 25 are selected among female inmates, bathed and then sent to them. After the officials make a sexual plaything of those females, they charge the women with fleeing and kill them to keep secrets. [Korean Bar Association, 2008 White Paper on Human Rights in North Korea, page 165]

To this evidence, the Committee for Human Rights in North Korea adds a new report on the expansion of Camp 12, Chongo-ri (opens in pdf), to include a special women’s section.

chongo-ri-72-mi

According to HRNK:

Sometime after 2008, however, a women’s section was added to Kyo-hwa-so No. 12, reflecting the huge increase of refouled (forcibly repatriated) North Korean women from China. Five additional former prisoners from Kyo-hwa-so No. 12 Jongo-ri interviewed in Seoul in March 2015 update this enlargement of the Jongo-ri prison. This reflects North Korea’s ongoing policy to wrongfully imprisoned persons for reasons not permitted under contemporary international law. Many of the North Koreans who are deprived of their liberty and subjected to forced labor and inhumane conditions suffer this punishment for having taken actions that are explicitly provided for and protected in international law, including conventions that North Korea has acceded to.

It would be fair to call Chongo-ri a “death camp.”

The first edition of Hidden Gulag (2003) cited the testimony of a former prisoner on the deplorable conditions and high rates of death in detention at Kyo-hwa-so No. 12. Between December 1998 and July 1999, “Out of twenty-three prisoners who entered on the same day… only two survived. The rest died within eight months of arrival, from hard labor and sub-subsistence food rations–small mixtures of corn and beans, with rice added only on holidays.” A former prisoner interviewed for that report believes that eight hundred prisoners died while he was there; so many, according to what another prisoner told him, that the guards had to burn the corpses.

This former prisoner reported that he weighed 50 kilograms (kg) (110 pounds (lb)) prior to his arrest and only 30 kg (66 lb) upon his release from Kyo-hwa-so No. 12. This was fifteen years ago during North Korea’s “great famine.” Reportedly, not all that much has changed in this regard at Kyo-hwa-so No. 12. Tudor and Pearson, publishing in 2015, wrote that “it is common for men serving time there to lose 30 kilograms [66 lb] in body weight. Many end up starving to death.”[*] One of the former women prisoners at Jongo-ri interviewed for this present report in March 2015, Ms. Kim Min-ji, reported that during her time in Kyo-hwa-so No. 12 from 2009 to 2011, nearly all people lost weight and many died of malnutrition and related diseases.

Images of Chongo-ri were first published at this site in 2009.

Screen-Shot-2014-01-28-at-9.03.56-PM-700x509

In January 2014, two OFK readers first brought the expansion of the camp to my attention, and I published this image of the expanded camp.
Screen-Shot-2014-01-28-at-9.03.32-PM-700x511

The new women’s section was added sometime between 2009 and 2013. HRNK’s report contains the first accounts of the women who were held there:

Another former female prisoner at Jongo-ri interviewed for this report in March 2015, Ms. Choi Min-gyang, went from 57 kg (125 lb) to 27 kg (60 lb) during her time at Kyo-hwa-so No. 12 Jongo-ri (mid-2008 to September 2010). She was put in the ho-yak-ban (severely sick) unit and lost consciousness. Her condition was so severe that prison officials called her family to come get her rather than deal with her death. It took her a year to regain her health, after which she fled to China and on to South Korea.

Another woman prisoner interviewed for the present report stated that she weighed 79 kg (174 lb) while in China, but her weight during pre-trial detention in North Korea dropped to 34 kg (74 lb). She arrived at Kyo-hwa-so No. 12. Jongo-ri in 2010 already so weak that the prison authorities initially did not want to accept her. Nonetheless, even though she was clearly weak and sick, she was assigned to the logging work unit and fed only rotten corn. She never regained her weight until she was released in 2012.

Two male former prisoners at Jongo-ri interviewed for this report in March 2015 indicate that, for men, Kyo-hwa-so No. 12 has operated almost the same for several decades.

The vast majority of the women who live and die at Chongo-ri have been “convicted” in five-minute sham trials of nothing that any other country recognizes as a crime — fleeing across the border to escape starvation and earn a living. The women prisoners of Chongo-ri aren’t even defectors; if they were, they’d end up in far worse places. Many of the women at Chongo-ri were forced to make wigs, presumably for export, to earn hard currency for the regime. Let us not forget the men of Chongo-ri, who worked in an unsafe mine, or a furniture factory, where deadly accidents were common.

What is most maddening about all of this is that it isn’t the cause celebre of Hollywood stars, famous activists, or the big names of the Human Rights Industry, because in terms of numbers and depravity, it deserves to be. That’s why it adds just a drop of hope to a sea of despair when all 20 female U.S. Senators, Republicans and Democrats, take a moment to remember North Korea’s female political prisoners in this resolution.

(16) serving as a composite for prisoners of concern worldwide, an estimated 80,000 to 120,000 political prisoners, including men, women, and children, who are detained in the brutal political prison camps of North Korea where starvation, forced labor, executions, rape, sexual violence, forced abortions, and torture are commonplace and whose offenses, according to defectors, include—

(A) burning old currency or criticizing the currency revaluation of the Government;

(B) sitting on newspapers bearing the picture of Kim Il Sung or Kim Jong Il;

(C) mentioning the limited formal education of Kim Il Sung; and (D) defacing photographs of the Kims;

It merits mention that the resolution was in support of the Samantha Power-led #Freethe20 campaign. No, words and hashtags will not free any prisoners. The hard truth is that few of the women in Chongo-ri or the other camps today will ever get out alive. But words can build a consensus toward policies that can free the next generation of prisoners.

And what of the world’s most famous women’s rights activist, Gloria Steinem? A woman who is rightly remembered both for her activism for the rights of women, and for human rights globally? Today, she has cast her lot with the notorious North Korean sympathizer Christine Ahn and Code Pink, opposing the very pressure that can force Pyongyang to end its atrocities against North Korean women. Instead, a woman who was once arrested for blocking the street in front of the South African Embassy, and who supported the sanctions and isolation that forced the end of apartheid, when asked about sanctions to force change in North Korea, answers: “The example of the isolation of the Soviet Union or other examples of isolation haven’t worked very well in my experience.”

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The book cited is “North Korea Confidential,” by James Pearson and Daniel Tudor. It’s one of several books I’m reading, as scarce time permits. So far, I’ve found it well researched and interesting.

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Need a round-trip ticket to Korea? Want to donate to a good cause? Look no further. (updated)

I’m posting this at the request of a friend in the North Korea Freedom Coalition:

As you recall, Ambassador Jung-Hoon Lee, ROK Ambassador for Human Rights, offered contribute the following item to the silent auction on May 1: $1500 for the purchase of a voucher for a roundtrip fare from Washington, DC to Seoul. We did not find a buyer for this item on the night of the auction but Ambassador Lee has generously extended his offer. After speaking with a local travel agency we can purchaser a voucher for $1450 with the following stipulations:

1) TICKETS MUST BE ISSUED ON/BEFORE MAY 30, 2015

2) VALID FOR TRAVEL COMMENCING ON/AFTER SEP 12, 2015 BEFORE DEC 16, 2015

3) This price is weekday fare (departing Monday through Friday)….

If you’re interested, here’s contact information for the NKFC.

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Update: Amb. Lee has generously agreed to donate the cost of the ticket. Thanks to those who tweeted and shared this post.

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Forgive Shin Dong Hyok the man, but not Shin Dong Hyok the activist

What had always puzzled me the most about Shin Dong Hyok’s account of growing up in and escaping from Camp 14 was how someone raised in such isolation from the rules of North Korean society could have had the resources and survival skills to infiltrate all the way from the Taedong River to the Chinese border, and then successfully cross it. How did he replace his prisoner clothing? How did he find money to bribe railroad police and border guards? What did he eat?

In my post on Camp 14, I linked to a video where Shin was asked those questions (see 49 minutes in). I wrote that Shin’s answers didn’t quite satisfy me, but I offered no opinion as to the veracity of his account. Although those questions were never answered to my satisfaction, including in Shin’s book, I had no basis to call him a liar, either. I decided to let the readers judge for themselves.

In one way, Shin’s admission that he lied about growing up in Camp 14 might answer those questions. Shin now says that he was transferred across the river to Camp 18 when he was six. Until its fences were taken down, Camp 18, as horrible a place as it was, was the least brutal of North Korea’s largest camps. In Camp 18, or perhaps in another kind of camp called a kyo-hwa-so, Shin could have acquired the materials and survival skills necessary to infiltrate through the world’s most policed state. That Shin did that much is still beyond serious question. On balance, I still think it’s likely that Shin spent some time in a camp. People I trust have seen the scars on his back, and he has other injuries consistent with torture and child labor.

(Update: in the comments, Curtis points out that North Korea has unintentionally acknowledged that Shin was in Camp 18 as a child. Thanks to Curtis, as always, for his exceptional detective work.)

But none of that means we should ever trust Shin again. Once a witness perjures himself, no responsible advocate can ever call him to testify again, and most courts would instruct the jurors to disregard his testimony in its entirety. I’ve met Shin, and although I couldn’t bring myself to ask him about Camp 14, he’s clearly a bright and energetic young man. In some other capacity, he can still have a great future. As an activist, however, his credibility is gone. No man matters more than the truth itself.

What troubles me most about Shin’s admission won’t be Pyongyang’s crowings, or those of North Korea’s noisy sympathizers — the tendentious and unreadable Marxist academics, the cleverer ones who argue from ignorance, the mendacious profiteers, or the combustible know-nothings — although that’s something we can all look forward to. Smart and fair-minded people will continue to ignore these people, because they can see that the weight of the witness testimony and satellite imagery is still overwhelming. Shin isn’t the only witness from Camp 14, and his admissions don’t alter our understanding of the other camps in the slightest. Indeed, Shin’s account gained the prominence it did because it was an outlier.

Of course, not all people are smart or fair-minded, and the world’s more simplistic thinkers will conclude from this that all of the survivors are liars. Many of them already wanted to conclude as much.

As much as this troubles me, what troubles me much more is how much this admission will hurt the kind-hearted people I know and call my friends, who embraced Shin as a son or a brother. At this moment, they’re the ones whose pain I feel the most. Shin the man, the friend, the adopted son and brother, can be forgiven, but Shin the activist can’t be. And no matter how much of his account you’re still willing to accept as true, those he has hurt the most are the millions of North Koreans, including thousands of camp inmates, who remain in North Korea, and who might yet be saved if the world unites to act on their behalf.

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Update: To put a finer point on it, Shin is one of 25,000 refugees to come out of North Korea, including dozens who have described crimes against humanity in multiple prison camps. The U.N. Commission of Inquiry did not accuse North Korea of crimes against humanity based on the account of one man, but on the testimony of 80 witnesses and experts, and on 240 confidential interviews with victims and other witnesses. The press accounts suggest that it was some of those other witnesses who forced Shin to come clean. Good for them.

That doesn’t get Shin off the hook for lying to us, but it doesn’t get Kim Jong Un off the hook, either.

Update 2: Drop whatever you’re doing and read Curtis’s post on this. The splitting irony of it is that the North Koreans have actually done an excellent job of corroborating Shin’s new story — that he grew up in another camp, just not the same one he’d originally claimed. Had the North Koreans said nothing at all, I wouldn’t know what to believe. They probably didn’t count on Curtis’s extraordinary, encyclopedic knowledge of every second- and third-level administrative district in North Korea, or his ability to explain the significance of what Shin’s father said in the video it released, or to spot the inconsistencies that suggest that he was coached. But as I’ve said so many times before, never underestimate Curtis.

Update 3, Jan. 20, 2015:

Michael Kirby, chairman of the Commission of Inquiry into North Korea, said that Shin’s testimony consisted of only two paragraphs in the 400-page report and that he was only one of hundreds of North Korean witnesses.

“It’s a very small part of a very long story. And it really doesn’t affect the credibility of the testimony, which is online,” he said. “Lots of people took part (in) this inquiry. Their stories are powerful and convincing, and these stories do not only represent Shin but other people in North Korea.”

In a reversal of his story told for years, Shin told Harden on Friday that he had been transferred to another prison, Camp 18, when he was 6, instead of spending his entire life inside North Korea at the total control zone Camp 14, the author says on his website.

The distinction of whether Shin was imprisoned in Camp 14 or 18 was not a deal breaker for Kirby.

“It seems as if the issue is whether he was in the total control zone, or whether he was in an ordinary prison camp. In another words, it’s whether triple horror or double horror,” Kirby said. [CNN]

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Dear President Bush: You had eight years.

The George W. Bush center has released a call for “a new approach” to improve human rights in North Korea, complete with a video of the former President, looking a little older than the man we once knew.

It’s hard to disagree with anything in the Bush Center’s call. For example, it calls for raising global awareness of the situation, citing polls showing that just half of Americans have heard of North Korea’s political prison camps. (This polling, of course, was done before Seth Rogen likely reached many of those among our great, silent idiocracy on the left side of the bell curve. But still ….)

The Bush Center also calls for the empowerment of refugees, of whom just a few dozen were admitted into the United States during Bush’s presidency, and whom the Chinese freely dragged across the border to the waiting arms of the North Korean Ministry of Public Security with nary a peep from President Bush himself.

It calls on governments to make human rights a priority, although the Bush administration itself effectively sidelined human rights in its dealing with Pyongyang, sought to establish full diplomatic relations with it in spite of its crimes against humanity, and pulled punches in describing those crimes in order to appease those who would continue to commit them.

Finally, the Bush Center calls on the U.S. and non-governmental organizations to step up their information operations in North Korea. This yields its most useful proposal:

Both government and the technology industry have a role to play in developing and funding new content dissemination methods that cannot be blocked by the North Korean government, including broadcasting systems. Content going into and coming out of the country should also be improved, focusing on the condition of people in North Korea.

But there are also some important things missing from that call. How, for example, will we put direct pressure on the regime responsible for these crimes without war? How will we even up the imbalance of power between the people and the state? Is there any way to achieve such a balance without destabilizing the state itself? And wouldn’t equalizing that imbalance of power to a degree require us to begin by reversing many of Bush’s own ill-advised decisions?

More broadly, what’s missing from this call is anything remotely controversial. Compare it, for example, to the specificity and thoughtfulness of calls by The Robert F. Kennedy Center and The Asan Institute. By comparison, the Bush Center’s proposals could just as well have been ghostwritten for Angelina Jolie. Not only would Jolie have attracted more media interest, she would also have the advantage of not having been President of the United States from 2001 to 2009.

By saying all of this, I don’t mean to sound ungrateful. It is better than nothing at all, although I wonder how much effect Mr. Bush’s call will have, aside from pulling a thin protective cover over his own legacy. I concede that Bush’s call today is probably more in line with the former president’s personal beliefs than many of the decisions he made at the nadir of his political power. But all of these calls by President Bush would carry far more weight and credibility if he would begin them with a forthright acknowledgement of his own errors.

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Update: OK, I have to admit that Victor Cha’s accompanying report contains many more detailed proposals, although I still wished for more depth and specificity. In its small intestine, for example, is a passage where Cha suggests returning North Korea to the list of state sponsors of terrorism, reversing the decision his President made in 2008.

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Help Change North Korean Society From the Ground Up By Breaking the Information Blockade

graphic: Beyond the Border: Moving Information into North Korea

Kang Chol Hwan is best known for the Aquariums in Pyongyang, in which he tells how he was raised in a political prison camp for an unknown “crime” “committed” by his grandfather.

Perhaps less well known is that Kang started the North Korea Strategy Center in Seoul several years ago, and for years they have been sending in DVDs, USBs, etc. loaded with movies, TV shows, and information about the outside world (eg, a copy of Wikipedia).

The ways in which North Korea attempts to block access to news and information about the outside world have been well documented on this blog and elsewhere, as has the gradual erosion of those controls. NKSC and other groups seek to accelerate that trend by sending in media that informs and that gets North Koreans thinking. Some examples of what they send in:

We send over media such as Hollywood movies, dramas, and documentaries – content that shows the outside world to the North Korean people. Recent examples include The Book Thief (to show freedom of information),The Pursuit of Happyness (free markets), Human Planet foreign culture), 50/50 (welfare), Midnight in Paris (foreign culture), and Tyrant (authoritarianism). [NKSC Indiegogo campaign]

That’s right, NKSC is in the middle of its first Indiegogo fundraising campaign, and they need our financial support and our help to spread the word. I am friends with several present and past staff members at NKSC and can attest to their dedication and tireless hard work. And though they perhaps wouldn’t want me to mention it, I can attest to their self-sacrifice in working at a non-profit organization in Korea such as theirs (put it this way: the wages and, to a lesser extent, the social status accrued by those in the NKHR field in South Korea is not something that most of their fellow countrymen, or many others for that matter, aspire to).

Here’s a short video about NKSC’s media dissemination work.

For more on the topic of how exposure to outside information affects North Koreans, be sure to read A Quiet Opening (PDF), the report that Nat Kretchun and Jane Kim wrote for InterMedia in 2012 (which included research by NKnet).

Visit NKSC’s Indiegogo campaign page and learn more by clicking one of the graphics at the top or bottom of this post.

Whether you’re able to donate to the campaign or not at this time, please share it widely with your friends and relations!

-Thanks, Dan Bielefeld

USBs, DVDs, radios sent into NK to date by NKSC

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Must read: RFK Center calls for a “rights up front” policy toward N. Korea

The report, by the Robert F. Kennedy Center for Justice and Human Rights, along with the Executive Director of the Committee for Human Rights in North Korea,* calls on the U.S. to defer its pursuit of Agreed Framework III, and instead confront the very reason why Pyongyang shouldn’t have nuclear weapons, and why diplomacy with it will continue to fail:

Only when North Korea begins to develop a record of improvement on human rights can it engage with the U.S. on other issues, including security, the economy, a peace treaty, or eventual normalization of diplomatic relations. Indeed, improving North Korea’s human rights record should be the litmus test of North Korea’s credibility to engage on other issues. After all, if a government has no regard for the lives of its own people, what regard does it have for the lives of others? What deters it from provoking a war, or proliferating missile technology and weapons of mass destruction to terrorists? [Robert F. Kennedy Center]

In doing so, the report also challenges an exhausted and paralyzed foreign policy establishment that, at least with respect to North Korea, has become a hospice for dying dogma and hasn’t had an original idea since 1989:

For a quarter of a century, U.S. diplomatic strategy has sought to separate and narrow its disagreements with North Korea, to solve them sequentially. Yet the path to solving all of these disagreements is barred by the same obstacle – North Korea’s isolation and secrecy. The agreed framework of 1994 and 2007 agreement both broke down over verification. Similarly, without transparency, the World Food Program cannot monitor the access to food aid, the International Atomic Energy Agency cannot monitor disarmament, and North Korea will deny that its prison camps even exist – including one that is directly adjacent to its nuclear test site. Without transparency, there can be no verification. Transparency in humanitarian matters such as food aid and the treatment of prisoners cannot be sidelined if there is to be a verifiable denuclearization of North Korea.

The report recites Pyongyang’s lengthy history of ignoring U.N. requests to cooperate with human rights inquiries—a history that illustrates the disingenuousness of its recent, often inartful, efforts to “engage” the EU and other U.N. member states.

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Yeonmi Park appeals to the conscience of Europe

It is her first time in Ireland and, indeed, Europe. But at the age of just 21, this sweetly-confident, intelligent and tiny-framed young woman, who managed to flee the famine-torn country at the age of 13, is already a global spokesperson for her own people – a people terrorised into submission and silence while the wider world ignores what she describes as a “holocaust”. [Irish Independent]

Screen Shot 2014-10-20 at 6.51.15 AMMiss Park’s life went from latent terror to a living hell when her parents were arrested.  

Yeonmi and her sister, Eunmi were left to fend for themselves, at the age of nine and 11, foraging on the mountainsides for grasses, plants, frogs and even dragonflies to avoid starving to death. “Everything I used to see, I ate them,” she said.   Asked if any adults around knew the children were surviving alone, Yeonmi tries to explain.   “People were dying there. They don’t care… most people are just hungry and that’s why they don’t have the spirit or time to take care of other people.”

Park was reunited with her parents later, but what happened to them next may be worse than death. There’s also video at that link; unfortunately, it didn’t embed.

Let’s hope that Park evokes Ireland’s own historical memories of a famine caused by government indifference and cruelty. If nothing else, maybe the Irish government will do a better job of enforcing U.N. sanctions against selling luxury goods to Pyongyang.  

Commendably, the EU is now leading the U.N.’s effort to hold Kim Jong Un and his regime accountable for crimes against humanity. That is a vast improvement over its role until recently, which was predominantly one of softening and even violating U.N. sanctions designed to pressure North Korea to change.

Park’s visit is not only welcome for its impact on pubic opinion and policy in Europe, but also because another North Korean is leading the world toward how it should respond to the crisis in her homeland.

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Silencing Park Sang-Hak won’t end North Korea’s threats (updated)

For the first time since 2010, North Korea has fired across the border into South Korean territory, this time with 14.5-millimeter anti-aircraft guns. The North Koreans were shooting at the second of two launches of balloons carrying a total of 1.5 million leaflets, by North Korean refugee Park Sang-Hak and the Fighters for a Free North Korea.

The North Koreans didn’t respond to the first launch of 10 balloons at noon, but at around 4:00 in the afternoon, they fired on a second group of 23 balloons. Thankfully, no one got hurt, at least on the southern side. It’s not clear whether the North Koreans hit any balloons, although the 14.5 ammunition probably cost more than the balloon and its cargo. A few rounds landed “near military units and public service centers in Yeoncheon County,” near the DMZ, and one of them did this:

14.5mm hole

[via Yonhap]

The Soviet-designed 14.5-millimeter anti-aircraft gun comes in 2- and 4-barrel variants, as this quaintly aged U.S. Army training film shows.

True to their word, the ROKs shot back. They used K-6 machine guns, which are similar to the American M-2 .50 caliber machine gun, a slightly smaller caliber than the 14.5. Despite Park Geun-Hye’s public instructions to return fire without waiting for her permission, the ROKs didn’t shoot back until 5:30, about 90 minutes after the North Koreans fired. This time lag suggests that the front-line soldiers held their fire until they received orders from higher up their chain of command, although it’s not clear how high.

Rather than give the ROK Army the last word, the North Koreans fired again after this.

In launching the balloons, Park Sang-Hak and his compatriots defied threats from North Korea, because if you have the brass to sneak across the border into China and make it to South Korea, and if you’ve already survived one assassination attempt, you’re no ordinary man, you’re a honey badger who learned to shave, dress himself, and speak Korean.

Needless to say, the South Korean government’s “call for restraint,” to avoid harming “burgeoning fence-mending between the Koreas,” has no effect on such beings:

“We, defectors, run toward the frontline of freedom and democratic unification to end Kim Jong-un’s three-generation power transition in order to fulfill Hwang’s lifetime goal of liberating North Koreans and democratizing the country,” read the leaflets, which were launched with one-dollar bills and other pamphlets.

“In the North, Hwang is known to have died tragically. This campaign is meant to let North Koreans know he is buried in the South Korean national cemetery.” Park Sang-hak, the head of the activists group, said. [….]

Continuing its previous statements, Pyongyang warned through its official Korean Central News Agency a day earlier that Seoul should stop the activists from sending the anti-North Korea leaflets or face an “uncontrollable catastrophe” in inter-Korean relations. [Yonhap]

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. The Obama Administration’s official view is that North Korea is “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.” Discuss among yourselves.

Right after the statement from the North, the unification ministry asked the civic groups to scrap their plan, citing inter-Korean tensions. Despite its call, however, the government largely retained its long-standing hands-off position on the issue, saying it has no legal ground to stop them. “The issue is something that the leaflet-scattering group should decide for themselves,” a unification ministry official said on condition of anonymity.

Which is good, because a lot of South Koreans want their government to block Park Sang-Hak from sending any more of his leaflet balloons.

Now, far be it for me (of all people) to denigrate the critical importance of setting the right ambience for North Korea. But if solving the North Korean nuclear crisis is really all about mood lighting, scented candles, and Marvin Gaye music, Park Geun-Hye might be a bigger problem than Park Sang-Hak, at least if you judge by what the North Koreans themselves are saying:

North Korea resumed its direct criticism of South Korean President Park Geun-hye on Friday, warning that her “nasty” remarks toward Pyongyang may dampen a rare mood of inter-Korean reconciliation.

In a statement, the National Reconciliation Council took issue with Park’s comments earlier this week that the communist neighbor is showing an ambivalent behavior of provocations and peace gestures. [….]

“(Park’s remarks) are an unacceptable provocation against us,” said an unnamed representative for the North’s council, a working-level agency dealing with inter-Korean affairs.

It is an “impolite and reckless” act, which throws cold water on the mood of improved inter-Korean relations created by a high-profile North Korean delegation’s trip to the South last week, read the statement. [Yonhap]

See also, etcetera. Sure, you can always say that the responsible thing is to avoid antagonizing violent people. Some might even say it’s the government’s job to prevent anyone else from offending violent people, even if the offense is caused by completely non-violent expression. Send leaflets over North Korea and it’s just a matter of time before they answer you with artillery, right? In the same spirit, if your newspapers print blasphemous cartoons, if your authors write blasphemous books, or if some guy publishes a crappy blasphemous movie on YouTube, hey, people might riot, other people might get hurt, and really, isn’t the mature thing to do to censor ourselves just this one time? Or maybe just one more time, because the North Koreans are offended by some dumbass American movie, and Japan wants to get its hostages back? Or because North Korea is offended by a British TV series? Or by Kim Seung Min’s radio broadcasts? Or by the election of a defector to the National Assembly, whom Pyongyang threatened to “hunt down?” Or by a policy proposal by the President of South Korea, one that North Korea also answered with artillery?

By now, you can see where this ends. Or, to be more accurate, where this doesn’t end, ever.

~   ~   ~

Update: The ROK Government now says that it is mulling “appropriate” measures to protect its citizens from similar incidents in the future, but that those measures will not include preventing more launches.

“As we said previously, there is no legal ground or relevant regulation to forcibly block the leaflet scattering as it is a matter to be handled by civilian groups on a voluntary basis,” he said at a press briefing. “The government, which is in charge of the safety and security of our people, will instead push for appropriate steps to deal with the matter.”

This is a more promising direction. Under U.S. constitutional law, the government can lawfully place reasonable restrictions on the time, place, and manner of speech that’s protected under the First Amendment.

If Korean courts interpret the ROK Constitution similarly, and if the ROK Government were to restrict the FFNK from launching from populated areas or near military installations, that might be constitutional, would allow the launches to continue, would avoid rewarding a violent response to non-violent speech, and might also reduce the risk that North Korean attacks would harm bystanders.

Just remember this: Park and the FFNK are South Korean citizens, too.

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