The North Korean Human Rights Act: Help and Hope for a Suffering People
- Aug 1, 2004 - comment
The recent unanimous votes by both the U. S. House and Senate in passing the North Korean Human Rights Act (H.R. 4011) provide a wonderful victory for millions of suffering North Koreans. Despite significant differences on other issues, our nation is united in its determination to assist the North Korean people in their time of desperate need.
Kim Jong Il should take note of the overwhelming support this bill received in Congress, despite his objections. The United States will not be bullied or dictated to, certainly not by a man who has shown such total disregard for human life. Under this man’s rule, hundreds of thousands of North Koreans are languishing in a vast gulag system, where they are subjected to such inhumane treatment as starvation, torture, rape, gas chambers, infanticide, and hard labor. Millions of North Koreans have starved to death, while Kim Jong Il and his supporters have lived in luxury off of the world’s kindness. And in return, Kim Jong Il exports such products as illicit drugs, counterfeit money, and weapons systems.
We are a generous people, and rightly so, God has been very good to us. But we cannot allow our generosity to be misused. There is irrefutable evidence that the vast majority of humanitarian aid sent to North Korea never gets to the most deprived and suffering people in that oppressed nation. The North Korean Human Rights Act assures the continued distribution of humanitarian aid, but it also puts into place some safeguards that will help us monitor the distribution of that aid. And any non-humanitarian aid from the United States to Pyongyang is tied directly to measurable progress on human rights in North Korea.
This bill, and the unanimous vote it received, sends an unmistakable message to Kim Jong Il that we will not turn a blind eye to his treatment of his people in exchange for his empty promises on weapons of mass destruction. The North Korean Human Rights Act says to the people of North Korea, “We have seen and we have heard, and we are determined to come to your aid.”
(A summary of the North Korean Human Rights Act follows.)
The North Korean Human Rights Act of 2004, HR 4011
Summary of the bill as passed by the U.S. House of Representatives on July 21, 2004 and referred to the U.S. Senate.
North Korean Human Rights Act of 2004 – Expresses the sense of Congress that: (1) the human rights of North Koreans should remain a key concern in future negotiations between the United States, North Korea, and other parties in Northeast Asia; (2) the United States should increase its support for radio broadcasting to North Korea to 12 hours per day; (3) the United Nations has a significant role to play in promoting and improving human rights in North Korea; (4) the United Sates should explore the possibility of a regional human rights dialogue with North Korea that is modeled on the Helsinki process, engaging all countries in the region in a common commitment to respect human rights and fundamental freedoms; (5) the Government of China has obligated itself to provide the United Nations High Commissioner for Refugees (UNHCR) with unimpeded access to North Koreans inside its borders to enable UNHCR to determine whether they are refugees and whether they require assistance; (6) the UNHCR should render assistance to displaced North Koreans in China through appropriate professional and nongovernmental organizations; (7) the UNHCR should pursue a multilateral agreement to adopt a `first asylum’ policy that guarantees safe haven and assistance to North Korean refugees.
Authorizes the President to: (1) provide grants to private, nonprofit organizations to promote human rights, democracy, rule of law, and the development of a market economy in North Korea; (2) increase the availability of information inside North Korea by increasing the availability of information sources not controlled by the Government of North Korea; (3) appoint a special envoy for human rights in North Korea within the Department of State to coordinate and promote efforts to improve respect for the fundamental human rights of the people of North Korea; (4) provide assistance through U.S. nongovernmental and international organizations to provide humanitarian assistance to North Koreans inside North Korea in a way that maximizes the likelihood that the assistance will reach the most vulnerable North Koreans, and that significant increases in assistance should be conditioned upon substantial improvements in transparency, monitoring, and access to vulnerable populations throughout North Korea; and (5) provide assistance to organizations or persons that provide humanitarian assistance or legal assistance to North Koreans who are outside of North Korea without the permission of the Government of North Korea. Such assistance should be used to provide (a) humanitarian assistance to North Korean refugees, defectors, migrants, and orphans outside of North Korea, which may include support for refugee camps or temporary settlements; and (b) humanitarian assistance to North Korean women outside of North Korea who are victims of trafficking, as defined in section 103(14) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(14)), or are in danger of being trafficked.
Prohibits U.S. agency humanitarian assistance to the Government of North Korea without certification that North Korea has taken steps to ensure that (a) such assistance is delivered, distributed, and monitored according to internationally recognized humanitarian standards; (b) such assistance is provided on a needs basis, and is not used as a political reward or tool of coercion; © such assistance reaches the intended beneficiaries, who are informed of the source of the assistance; and (d) humanitarian access to all vulnerable groups in North Korea is allowed, no matter where in the country they may be located.
Prohibits U.S. agency nonhumanitarian assistance to the Government of North Korea without certification that North Korea has made substantial progress toward (a) respecting and protecting basic human rights, including freedom of religion, of the people of North Korea; (b) providing for significant family reunification between North Koreans and their descendants and relatives in the United States; © fully disclosing all information regarding citizens of Japan and the Republic of Korea abducted by the Government of North Korea; (d) allowing such abductees, along with their families, complete and genuine freedom to leave North Korea and return to the abductees’ original home countries; (e) significantly reforming its prison and labor camp system, and subjecting such reforms to independent international monitoring; and (f) decriminalizing political expression and activity.
States that for refugee or asylum status under the Immigration and Nationality Act, a national of the Democratic Republic of Korea shall not be considered a national of the Republic of Korea.
Directs the Secretary of State to facilitate the submission of applications under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) by citizens of North Korea seeking protection as refugees (as defined in section 101(a)(42) of such Act (8 U.S.C. 1101(a)(42)).
Requires annual reports from the appropriate U.S. agencies on progress made in the various provisions of the bill.
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