Choking off information into North Korea a bad move

Canada needs to oppose South Korea's new law, say Jack Kim and Sean Chung.

In early 2018, we were one of 12 groups invited to speak at a civil society roundtable ahead of a foreign ministers' summit on North Korea in Vancouver. It was chaired by then-minister of Foreign Affairs Chrystia Freeland and then-secretary of state Rex Tillerson, and attended by 20 countries.

As civil society, we were asked to provide comments on how Canada could contribute to a diplomatic solution to the North Korea issue. Some advocated for “maximum pressure” through sanctions, while others advocated for “maximum engagement” through a peace treaty and removal of U.S. military from South Korea.

When it came to our turn, we simply asked the minister to look around the room and see how many North Korean-born activists were seated among us. Zero. Whatever the solution, we urged the Canadian government to help North Koreans with lived experiences and loved ones still in North Korea secure a seat at the solution-finding table.

The government of South Korea did exactly the opposite.

On Dec. 14, President Moon Jae-in's ruling party pushed through a partisan bill in the National Assembly that imposes a maximum sentence of three years imprisonment or a fine of up to 30 million won (around C$35,000) on those distributing leaflets, USBS, or money into North Korea. The bill was signed into law on Dec. 29 and goes into effect on March 30.

North Korean escapees, in a continuing effort to share information with those back home, are heavily involved in all the activities described in this bill. We believe that this bill is designed to create a chilling effect for human rights activists and deter them from sending information

Information-sharing efforts are crucial in chipping away at the fortress the North Korean regime has set ...

into North Korea. For a country that has been described as one of the “least free” countries in the world, these information-sharing efforts are crucial in chipping away at the fortress the North Korean regime has set to keep information away from its people.

Since the passage of the bill, South Korean officials have been working overtime to convince an increasingly skeptical foreign audience that the law only “prohibits actions that cause danger to people's lives and safety.” They recently issued an “interpretative guideline” that outlines a narrower use of the law, only on the distribution of leaflets in inter-korean border areas. But, given the separation of powers in South Korea, the law's interpretation and scope will be determined in South Korean courts, not by the ministry.

While the Moon administration cries foul at the criticism of its brazen move, let's consider its record on the issue. Last year, the Moon government forcibly repatriated two North Korean fishermen back to North Korea in violation of international law. This year, it engaged in a “discriminatory crackdown” using its executive power to threaten and revoke charity licences, target office inspections, and limit access to recently resettled North Korean escapees for human rights documentation. In the dogged pursuit of some sort of rapprochement with the Kim Jong Un regime in the North, the Moon administration has tried to systematically “sweep under the rug” things disliked by the regime, in a pattern of appeasement. This bill falls into this pattern of appeasement.

As a former human rights lawyer himself, we urge President Moon to reconsider the legislation and its impact on human rights suppression in North Korea.

And, as we did in 2018, we again urge the Canadian government to remember North Korean voices in its foreign policy. This time, that means quietly urging the Moon government, a close friend and ally, to reconsider its law.

Kim is board chair, and Chung is executive director, of Hanvoice, which believes Canada has the opportunity to lead on human rights advocacy in North Korea.