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SPEAKING FREELY
US-N Korea: Mixing nuke, human rights diplomacy

By Rebecca MacKinnon

Speaking Freely is an Asia Times Online feature that allows guest writers to have their say. Please click here if you are interested in contributing.

WASHINGTON - Several hundred people - human-rights activists, politicians, members of Christian groups and some North Korean defectors - recently rallied in front of the United States Capitol Building on "North Korea Freedom Day". There were media events, exhibitions and testimony by activists, experts and North Korean defectors before the US House of Representatives' International Relations Committee. The goals: to call attention to Pyongyang's abominable human-rights record and to demand passage of the North Korean Human Rights Act.

The act and related debates over how human rights should fit into Washington's North Korea policy have received little attention in the US media, which finds the ongoing saga of nuclear diplomacy to be more worthy of regular news coverage. The fact that North Korean leader Kim Jong-il's regime routinely commits human-rights abuses and atrocities against its people is not considered a "new" story, nor is the fact that Washington has been largely powerless to do anything about North Korea's human-rights situation.

Similarly, the US hasn't been able to do anything to stop North Korea developing nuclear weapons - it is believed to have several - and the current China-sponsored six-party talks (a working-level session is scheduled for next Wednesday in Beijing) are aimed at defusing the nuclear crisis and persuading North Korea to end its nuclear program permanently in exchange for security guarantees, economic aid and cheap energy. The six are North Korea, South Korea, China, Japan, Russia and the United States.

Addressing a crowd of several hundred people in front of the Capitol steps last week, Republican Senator Sam Brownback of Kansas warned that history will harshly judge a government that fails to do something about North Korea's estimated 200,000 political prisoners, reported chemical- and biological-weapons experiments on human beings, and the brutal punishment of thousands of North Korean refugees after they are caught in China and repatriated. Inaction on North Korea's human-rights situation, he argued, is as appalling as inaction in the face of the Holocaust, the killing fields in Cambodia, or the genocide in Rwanda. Brownback is chairman of the Senate Foreign Relations Subcommittee on East Asian and Pacific Affairs.

"We criticize the contemporaries of those tragedies, asking, 'Why didn't you do more? Why did you not act?' Our future generations will look at us and ask the same questions. This is our time to act," Brownback said of North Korea.

UN condemns N Korean rights abuses
The United Nations Commission on Human Rights in Geneva recently passed a strong resolution of censure, citing North Korea's extensive and grave human-rights abuses and calling for investigation by a UN rapporteur.

Activists say Washington should demonstrate its concern for the human rights of the North Korean people, without going to war.

Brownback is spearheading the North Korean Human Rights Act in the Senate, which has yet to begin deliberations on the proposed legislation. A sister bill in the House of Representatives has been amended and recommended for passage by the House International Relations Committee and is now being examined by the House Judiciary Committee, which must also approve or make further amendments before the bill moves on to a full House vote. The bill must also pass the Senate, and then any differences between the House and Senate versions must be reconciled before it goes on to the president to be signed into law. The proposed legislation can be read here (PDF file). 

If passed, the North Korean Human Rights Act would express a "sense of Congress" that human-rights issues must be a "key concern" in US dealings with North Korea, and would require all economic assistance to North Korea to attach human-rights conditions, ie, no aid without concrete demonstrations that human rights are improving. It would call for increased pressure on the United Nations High Commissioner for Refugees (UNHCR) to demand access to North Korean refugees in China, and it would call for heightened diplomatic pressure on China to halt its policy of catching and repatriating North Korean refugees.

The act would also allocate funding to assist non-governmental humanitarian organizations working surreptitiously in China as part of the perilous "underground railroad" for North Korean refugees. It would fund increased radio broadcasts into North Korea and the smuggling into North Korea of radios capable of receiving them. Finally, the North Korea Human Rights Act would enable substantial numbers of North Korean refugees to apply for and receive asylum in the US.

Staffers working on Capitol Hill say there are concerns over issues of immigration and "homeland security": how would North Korean refugees be effectively screened to prevent spies from getting in? That concern, some predict, combined with Washington's ongoing preoccupation with Iraq, could mean that the act may not be passed by both houses until much later this year, perhaps after the November election. But in the end, the immigration issues are expected to be worked out, if not watered down, and support for the act, once it goes to a general vote in both houses, is likely to be broad-based and bipartisan. As one House staffer puts it: "Who wants to go on record as being against human rights in North Korea?"

Would a human rights act do any good?
Indeed. Who does? But realistically, what can the North Korean Human Rights Act accomplish if its goals and methods are not fully integrated into Washington's overall diplomatic strategy toward Pyongyang?

Defector An Hyuk, who came to Washington to testify, believes the act will send an important message of support and encouragement to North Koreans who want to leave their country. He believes it will contribute to a weakening of the regime. "In North Korea there are rumors that this act is just about to be passed," he said. "The rumor goes that if it is passed, there will be refugee camps in Russia or China to receive all the defectors on the run. So this is already bringing changes in North Korea."

The reality is that the US does not have the power to make Russia and China set up refugee camps. China has shown no indication of reversing its policy of repatriating North Koreans who flee over the border, insisting they are "economic migrants", not refugees. Even those in Washington who support the act's goals are not optimistic that China can be persuaded to change its policy, or that the UNHCR is likely to be permitted to assist these refugees in China in the near future.

The act would make it even harder for the US government to appropriate any economic assistance to North Korea without strong human-rights conditions attached. "If there's any money going to the North Korean government, the human-rights portfolio has to be dealt with," said Brownback. This could potentially have implications for the ongoing six-party nuclear talks. If US economic assistance were to become part of a denuclearization deal with North Korea, it would have to be tied to improved human-rights practices - or at the very least, more open monitoring of how the assistance is being used and whether it reaches the intended needy recipients.

But critics argue that the lack of coordination between the still non-existent North Korean Human Rights Act and US nuclear diplomacy only serves to weaken both. "There's a failure on the part of the administration to find a manner to adequately incorporate it into the policy in terms of where it fits and when it can be employed," said Ambassador Charles "Jack" Pritchard, a former top aide in the negotiations with Pyongyang by the administration of US President George W Bush. "If you fail in the effort to resolve the nuclear issue, and you have a transfer of weapons of mass destruction [WMD] technology to non-state players at some point in time, where do human rights or the political prisoners in North Korea stand next to the next World Trade Center disaster in America? And what is Senator Brownback going to say at that point in time?" Pritchard said in an interview with Asia Times Online.

Act would be clear on the need for change
In the context of the six-party talks, aimed at defusing the North Korea nuclear crisis, Bush administration officials speak of giving North Korea some kind of "security guarantee" in exchange for the verifiable dismantling of its nuclear-weapons programs. Official US policy is not to seek regime change in North Korea, despite the fact that Bush has said on the record that he "loathes" Kim Jong-il. The North Korean Human Rights Act, on the other hand, would be more up-front and honest not only about US distaste for the North Korean regime, but also about America's desire to foster fundamental change in the nature of that regime.

While the act's proposed language carefully avoids any mention of "regime change" per se, its proponents make no bones about the legislation's ultimate goal. "You're really trying to end the regime," said former US ambassador to Seoul James Lilley, who also served as ambassador to China and representative in Taiwan. "This would contribute to it." The idea is that an increase of pro-democracy broadcasts and smuggled radios, combined with active encouragement by the US government for North Koreans to flee their country, would help to de-legitimize Kim Jong-il's government - or force it to change fundamentally.

But while the act stands on moral high ground, it also contributes to the jumble of mixed messages about Washington's true intentions toward Pyongyang. That in turn makes it difficult for any US diplomat to negotiate anything credibly with North Korea - on nuclear disarmament or anything else.

This does not mean, however, that Washington should set aside its human-rights concerns in favor of an exclusive focus on disarmament - or, for that matter, that the priorities should be reversed. Nor should a more balanced focus on human rights mean the abandonment of a sincere US commitment to the peaceful resolution of the Korean Peninsula's problems.

The point is that a North Korea policy that balances human rights with disarmament concerns would be more honest. The reality of US politics is that no North Korea policy is likely to gain broad bipartisan support in Congress - or solid support from the public - unless that policy addresses the oppressive nature of the North Korean regime. No politician can benefit politically from appearing "soft" on North Korean human rights.

Thus the mixed messages about US intentions toward North Korea will continue as long as human-rights and disarmament policies are not properly coordinated and integrated. This would require a policy overhaul, and would by no means be easy. But the alternative is the current, ineffectual status quo: a toothless North Korea policy that lacks both consensus and honesty of intent. Such lack of honesty is obvious not only to the North Koreans - leaving them with little incentive to do a disarmament deal or any other deal - but is also very obvious to the South Koreans and Chinese, whose close cooperation with the US will be essential to facilitation, support and enforcement of any eventual deal.

To coordinate more effectively with China and South Korea on the shared goal of ending North Korea's nuclear-weapons program, Beijing and Seoul need to be convinced that Washington is being candid with them about its true policy objectives on North Korea. They may not agree with all US objectives, but at least there will be no further time and energy wasted in debate and speculation over what those objectives really are. All of Washington's cards must be clearly and forthrightly placed on the table and presented as the result of a broad policy consensus in the United States: a consensus that includes serious human-rights concerns and a desire to bring about change in North Korea, preferably through peaceful means. Opinion polls do show that most Americans do not want another Korean War, but without internal consensus, honesty and candor about intentions, the hope of peacefully disarming North Korea or substantially improving the lot of its people without conflict will remain small.

Rebecca MacKinnon is a Shorenstein Fellow at the Kennedy School of Government, Harvard University, Cambridge, Massachusetts. She is the former Tokyo bureau chief for CNN. She can be reached at nkoreazone@yahoo.com. She runs a North Korea weblog, www.NKzone.org.

(Copyright 2004 Rebecca MacKinnon. All rights reserved.)

Speaking Freely is an Asia Times Online feature that allows guest writers to have their say. Please click here if you are interested in contributing.


May 6, 2004



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