A Study on International Human Rights Regime and North Korean Human Rights
The purpose of this study is to analyze the intervention in the human rights situation in North Korea by the international human rights regime and the aspects of the nation's responses by reframing them using "spiral model"; in order to examine the possibility of the phased change in the North Korean human rights. In that the core execution body of the international human rights regime is the United Nations; this study carries out an analysis on the relation between the regime and the North Korean human rights around the UN that plays a leading role in promoting human rights in the international community by enforcing a variety of systems.
This study focuses on the fact that North Korea responds to the pressure from the international human rights regime to improve the level of human rights with selective cooperation rather than unilateral denial; and therefore; it is based on the recognition of problem that the spiral model; which falls into theory of gradual change in human rights; can be applied to the North Korean human rights issues. The spiral model is a theory that describes the process of change in which human rights norms are internalized and implemented in human rights violating countries; under the influence of the international human rights regime.
This study analyzes North Korea's responses to pressure from the international human rights regime on the issue; based on four-phase typology of denial; tactical concessions; prescriptive status and prescriptive internalization. The current human rights situation in North Korea can be assessed as in the phase between denial and tactical concessions. Since North Korea's human-rights violations were exposed to the outside; the issue has drawn attention and criticism from the international community. Amid this; the UN has taken various measures through the activities of Charter-based bodies; Treaty-based bodies and others; to enhance the human rights in North Korea. In particular; the UN has adopted the North Korean Human Rights Resolutions at the level of the General Assembly and the Human Rights Commission; and North Korea has strongly opposed this move and maintained a strong "denial" stance.
But on the other hand; North Korea has shown a "selective" cooperative attitude toward the international human rights regime by signing the International Covenants for Human Rights; submitting national reports; participating in the Universal Periodic Review and others. In addition; it can be assessed that North Korea shows the sign of entering into early "prescriptive status" in that it is amending some of its laws reflecting the demands of the international community. This means that the relation between the international human rights regime and the North Korean human rights is making a progress in a positive direction for improving the human rights in the nation.
But these behaviors of North Korea cannot be seen as standing for the fundamental change in the awareness of human rights among the nation’s authorities and the practical improvement of the human rights for its people. Due to a gap between the North Korean laws and the reality of human rights; the people of the nation are still suffering a serious human rights violation. Therefore; in order to substantially improve the human rights in North Korea; a measure is needed to make North Korea move from the "tactical concessions" phase to the "prescriptive status" phase; through expanding the scope of the cooperation on human rights issues between the nation and the international community.
However; there are some difficulties applying the spiral model to the human rights situation in North Korea. The spiral theory presents the "establishment of a transnational human rights network" as the key factor in the transition from the "tactical concessions" phase to the "prescriptive status" phase; however; currently; there is no civil society or resistance group which works in cooperation with international human rights organizations. Thus; this study will conduct an analysis focused on the process of the transition from the "tactical concessions" phase to the "prescriptive status" phase; proposing the "reform and opening" of North Korea as the condition under which such a change in the human rights situation can be realized.
For the fundamental improvement of the North Korean human rights situation; a policy measure that could affect the nature of the nation's regime should be taken. In this state in which the interaction between the international community and North Korea is being made at a very limited level; there is limitation in eliciting a substantial change in the North Korean human rights; and there is a need for driving force that can bring social structural changes inside North Korea.
Above all; the improvement of the North Korean human rights can be realized on the foundation of the changes in the "awareness and policies of the nation's authorities" and in order that its promise with the international community can be fulfilled; there should be a "need for cooperation" that leads the nation to implement the international human rights norms. For the North Korean regime faced with the challenge of overcoming economic difficulties; the reform and opening is likely to act as a factor to increase the nation's need for cooperation with the international community and elicit the change in its attitude. In addition; it is also noticeable that in the process of reform and opening; the awareness of human rights among the North Korean people can be raised through the contact with external cultures and information.
Given that North Korea is unlikely to fully accept the international human rights norms in the current phase; for the direction of the improvement of the North Korean human rights; a "gradual and phased approach" needs to be considered. In that North Korea is the UN member state and one of the parties of the four human rights conventions including the "International Convention on Civil and Political Rights"; the UN' s intervention on human rights can be an effective means of improving the human rights in North Korea. Along with this; for the fundamental and sustainable improvement of the human rights situation in North Korea; it needs to push forward "changes from the inside of North Korea" in aspect of leading it to establish the environment and ability to comply with international human rights norms in addition to the pressure from the international community.
카카오톡
페이스북
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