The U.S.-North Korean Human Rights Act of 2004: A Summary

Abstract

An Analysis of the ActOn October i8, 2004, President George W. Bush signed into law the North Korea Human Rights Act, thereby creating the position of special envoy for North Korean human rights, and calling for all North Korea-U.S. negotiations to be tied to the country's progress on human rights issues. In addition, the new law authorizes the president to provide funds for nonprofit groups to advance human rights in the country and requires verification that humanitarian and nonhumanitarian aid is used for nonpolitical purposes. The law also seeks to assure increased protection for North Korean refugees.The North Korean government is one of eight regimes to receive the designation of countries of particular by the U.S. State Department. This label is reserved for only the most severe violators of religious freedom.In a statement announcing the president's signing of the bill, the White House outlined the envoy's duties in accordance with the president's authority to conduct foreign relations. The White House reiterated its commitment to alleviating the su∂ering and repression of the North Korean people, stating that the act will provide new tools to address human rights by focusing e∂orts to help both those who flee the regime and those who are trapped inside the country. The president's signature on the law was declared to be testimony to the United States' concern for and commitment to the welfare of the North Korean people.The passage of the law is seen as a method to increase pressure on North Korea to improve its human-rights practices. According to the Korea Times, the law allows Washington to supply up to $20 million per year to individuals and nongovernment organizations around the world who are helping North Korean refugees in third countries. In addition, it permits North Korean defectors to the South to apply to immigrate to the United States.The Korea Times also reports that the law, which will be e∂ective during 2005- 2008, makes it harder for the international community to provide aid to the North unless Pyongyang improves human rights conditions for its poverty-stricken people. In South Korea, many are arguing that the bill will make it more di[double dagger]cult to work with the North Koreans. South Korea's ruling Uri Party expressed its doubts on the passing of the new law, saying that it could aggravate inter-Korean relations and exert a negative influence on the Korean economy.The paper also warned that the current North Korean nuclear stando∂ would be further complicated by passage of the law and that it would damage the sixway nuclear talks that have already been derailed. It was considered that the passage of the bill would compel the Northern regime to step up its o∂ensives against Washington, thereby delaying the resumption of the nuclear dialogue or even threatening continuation of the talks. Yonhap News reported in January that North Korea had asked the United States to negate the human rights act in order to revive the talks. While making the demand in an article in its party newspaper, Rodong Sinmun, the North, however, stopped short of making it a condition for its attendance at the six-party talks that also involve South Korea, China, Japan, and Russia.A Short Description of the ActH.R. 40ii, titled North Korean Human Rights Act of 2004 consists of five main sections: short title (section i), the table of contents (section 2), the plight of North Korean refuges (section 3), declarations of purposes (section 4), and definitions of terms used in the Act (section 5).Section 1. Short TitleThis Act may be cited as the 'North Korean Human Rights Act of 2004.'Section 2. Table of ContentsThe table of contents for this Act is as follows:Sec. 1. Short title.Sec. 2. Table of contents.Sec. 3. Findings.Sec. 4. Purposes.Sec. 5. Definitions.TITLE I-PROMOTING THE HUMAN RIGHTS OF NORTH KOREANSSec. …