1. Progress
o Both the ruling and opposition parties
proposed an integrated bill on North Korean human rights and referred
both bills to the Foreign Affairs and Unification Committee
(2014).
* Opposition-party lawmaker Shim Jae-kwon and
ruling-party lawmaker Kim Young-woo sponsored "a bill for the
promotion of human rights in North Korea" in April 2014 and
"a North Korean human rights bill" in November 2014,
respectively.
o The bills proposed by the ruling and
opposition parties were introduced to the Foreign Affairs and
Unification Committee (November 24, 2014), a public hearing was
conducted (December 19, 2014) and meetings of a legislation
subcommittee under the Foreign Affairs and Unification Committee were
held (December 3, 2014, January 6, 2015, and February 11, 2015).
o The Foreign Affairs and Unification Committee's executive
secretaries from the ruling and opposition parties reached a
compromise through discussions, except on some major issues, and
reported the results to the leaderships of both parties in August
2015.
o The ruling-party and opposition-party
leaderships discussed and reached an agreement on major issues
concerning the North Korean Human Rights Act between December 2015 and
February 2016.
o The legislation subcommittee of the
Foreign Affairs and Unification Committee approved the bill and the
Judiciary Committee passed it at the plenary session on February 26,
2016.
2. Significance of the Enactment of the North
Korean Human Rights Act
□ The Act is the first law to
comprehensively prescribe the human rights improvement of the North
Korean people.
o The Act serves as a first step to
improve the grave human rights situation of the North Korean people
and enhance their quality of life.
o Through this Act,
South Korea joins the efforts to realize the universal values of all
humanity, dubbed human rights, and delivers a message of hope and the
expectation of a happy unification for the North Korean people.
□ The Act contributes to protecting and promoting the human
rights of the North Korean people directly and indirectly by
establishing “the Center for Investigation & Documentation on
Human Rights in North Korea” (provisional name) and “the Foundation
for Human Rights in North Korea” (provisional name).
o
South Korea can warn the North Korean authorities by systematically
recording and preserving the North's crimes against humanity and
prevent additional human rights violations.
o South
Korea is able to provide support for various projects to improve human
rights that can substantially help the North Korean people through
public-private cooperation by establishing “the Foundation for Human
Rights in North Korea.”
□ Through the Act, South Korea
is able to carry out systematic and balanced human rights policies
toward North Korea based on national consensus.
o It is
possible to implement balanced North Korean human rights policies
through including a variety of experts in each field and class
recommended by the National Assembly in the process of carrying out
the policies.
o The Act lays the institutional
foundation to draw up and carry out consistent and systematic North
Korean human rights policies in the mid-and long-term through the
Basic Plan for the Promotion of Human Rights in North Korea.
3. Main Contents of the North Korean Human Rights Act
o The government shall establish the Basic Plan for the
Promotion of Human Rights in North Korea every three years and its
Implementation Plan every year and report them to the National
Assembly in order to protect and promote the human rights of the North
Korean people.
o The government shall create the
Advisory Committee for the Promotion of Human Rights in North Korea
under the Ministry of Unification to offer policy advice on human
rights improvement in the North.
o The government shall
appoint an ambassador-at-large on North Korean human rights under the
Ministry of Foreign Affairs to cooperate with international
organizations and groups and foreign governments and enhance the
international community's interest in promoting human rights in North
Korea.
o The government shall set up “the Foundation
for Human Rights in North Korea” to conduct research and surveys
concerning North Korean human rights and humanitarian aid, develop
policies, and support civic and social organizations.
o
The government shall establish “the Center for Investigation &
Documentation on Human Rights in North Korea” under the Ministry of
Unification to collect, record and study information about North
Korean human rights and transfer the findings to the Ministry of
Justice every three months.
* The government shall set up an
organization in charge of preserving and managing the data under the
Ministry of Justice.
4. Explanation of Major
Provisions
□ Basic Principle and State's Obligation
[Article 2]
o The Act defines the state's duty to make
efforts to improve the North Korean peoples' rights to pursue dignity,
value, and happiness as human beings and promote their human rights in
every area of life.
o The state shall strive to develop
inter-Korean relations and establish peace on the Korean Peninsula as
well as promote human rights in North Korea.
□ Advisory
Committee for the Promotion of Human Rights in North Korea [Article
5]
o The government shall set up the Advisory Committee
for the Promotion of Human Rights in North Korea under the Ministry of
Unification to offer policy advice regarding human rights improvement
in the North and the Committee shall be composed of an equal number of
members recommended by the ruling and opposition parties.
o The government shall secure fairness and balance in human rights
policies toward North Korea by gathering various opinions from our
society by including persons recommended by the ruling and opposition
parties.
□ Basic Plan and Its Implementation Plan
[Article 6]
o The government shall carry out systematic
North Korean human rights policies in the mid-and long-term through
the provision that the government shall draw up and implement the
Basic Plan for the Promotion of Human Rights in North Korea every
three years.
o In addition to the Basic Plan, the
government shall establish its Implementation Plan for each year and
report both to the National Assembly, allowing checks from the
legislature.
□ Inter-Korean Dialogue on Human Rights
[Article 7]
o The Act stresses the joint efforts of
South and North Korea through a provision that requires both sides to
hold an inter-Korean dialogue session on major human rights issues
concerning the promotion of human rights in North Korea.
□ Humanitarian Aid [Article 8]
o The Act specifies
such standards as: △Complying with the international standards for
humanitarian aid, △Guaranteeing transparency, and △Supporting the
underprivileged first, thereby guaranteeing transparency in accordance
with international standards in the process of providing humanitarian
aid to the North.
o The Act first prescribes the
standards for humanitarian aid toward North Korea.
□
International Cooperation to Promote Human Rights in North Korea
[Article 9]
o The Act stipulates that the government
shall appoint an ambassador-at -large on North Korean human rights
under the Ministry of Foreign Affairs to enhance the interest of the
international community through cooperation with international
organizations and groups and foreign governments.
o The
Act specifies that the government shall join the international
community's efforts to improve human rights in North Korea and seek to
establish an organic cooperation system with the international
community.
□ Foundation for Human Rights in North
Korea. [Article 10-12]
o The Act requires the
government to establish “the Foundation for Human Rights in North
Korea” to conduct research and studies, develop policies, propose
opinions to the government, and support relevant civic and social
organizations regarding North Korean human rights and humanitarian
aid.
o The government shall carry out various projects
to improve the human rights of the North Korean people through
public-private cooperation by setting up “the Foundation for Human
Rights in North Korea” and create the framework to fund these
activities.
□ Center for Investigation &
Documentation on Human Rights in North Korea [Article 13]
o The government shall establish “the Center for Investigation &
Documentation on Human Rights in North Korea” under the Ministry of
Unification to systematically collect and record information about the
human rights conditions in the North and human rights improvements,
and transfer the collected data to the Ministry of Justice every three
months.
o The effect of protecting the human rights of
the North Korean people directly and indirectly is expected through
establishing “the Center for Investigation & Documentation on
Human Rights in North Korea” and recording and preserving all the
cases of human rights violations against North Korean people.
□ Report to the National Assembly, etc. [Article 15]
o In addition to the Basic Plan for the Promotion of Human
Rights in North Korea, the Minister of Unification shall report to the
National Assembly the followings: △The North Korean human rights
situation, △The results of the efforts to improve human rights in the
North and any improvements, and △The progress in the repatriation of
Korean War POWs and abductees and the reunion of separated
families.
o The Act prepares the means for the National
Assembly to more actively participate in the government's North Korean
human rights policies, thus checking the government.