Pyongyang's re-engagement

For the first time in a decade, North Korean officials and a senior United Nations representative have held an official meeting. Earlier this week in New York, Marzuki Darusman, the UN special rapporteur on North Korea, and the Korean officials discussed the possibility of a first-ever visit of a UN delegate to the isolated communist nation in exchange of a modification in a General Assembly draft resolution dealing with North Korea.

The resolution, prepared by the EU and Japan, and supported by Darusman, calls on the UN Security Council to refer the case of North Korea's dismal human rights record to the International Criminal Court (ICC).

A UN Commission of Inquiry (COI) report documents widespread human rights abuses in North Korea, including the use of prison camps, torture, starvation and killings on a daily basis.

Darusman believes that the threat of a possible referral to the ICC might have forced the officials in Pyongyang to engage with the international community. He tells DW that a likely UN official visit to the country would be a breakthrough in international efforts to get the first hand knowledge of North Korea's rights situation.

DW: You urged the UN General Assembly to submit a report on human rights violations in North Korea to the UN Security Council and its subsequent referral to the ICC. What do you hope to achieve through these actions?

Marzuki Darusman: I hope to achieve two things – one, of course, the acceptance of the UN Commission of Inquiry's (COI) report and its recommendations within the Security Council; and two, to put the issue of North Korea's rights abuses on the UN agenda.

The COI mandate was to present the report to all UN organs, including the Security Council. We have asked the Security Council to consider referring the issue to appropriate international justice organizations, including the ICC.

Will it be sufficient to put pressure on Pyongyang?

There have been interesting developments in the past three to six months. In fact, more has happened in the previous six months than in the past ten years - since the office of the special rapporteur on human rights was instituted. It is no coincidence that the North Korean government is now a bit more engaged with the international community than before. It has also re-engaged with the universal periodic review process in Geneva (UPR). I think that the officials in Pyongyang now feel more pressure than before.

How would you explain North Korea's new "openness"?

Any sort of openness is welcome. There may be things which can't be immediately explained or understood, but we should look at the positive side of the issue and Korea's willingness to re-engage. We shall take it from there.

Your meeting with North Korean officials was the first ever between a UN rights investigator and representatives of the North Korean regime since the special rapporteur's office was created ten years ago. What was your experience of the talks?

The meeting took place on the request of my office. We have been trying for this for a long time through North's permanent mission in Geneva and New York, but until Tuesday, October 28, our requests had always been declined. It shows that Pyongyang's diplomatic approach is evolving.

My talks with Korean officials were quite open. They invited me to visit their country at some stage. They also raised concerns about parts of the resolution's text and indicated that if these issues could be resolved, things could move forward. On the whole, it was a cordial and frank discussion, and they made their intentions very clear.

What are their objections to the draft resolution?

They proposed that specific parts of the text be reviewed. This, of course, relates to operational paragraphs 7 and 8, which specifically mention culpability at the highest level of governance in North Korea in relation to human rights abuses in the country. Paragraph 8 also talks about referring the matter to the Security Council and a further referral to the ICC.

Knowing that it is a very sensitive topic, what in your opinion is the best way to deal with North Korea?

It has to be a combination of many things. We must continue to express our concerns and put political pressure; at the same time there has to be some space for possible cooperation and collaboration with the regime. Therefore, for things to move ahead, we shouldn't leave out any option.

Will Pyongyang continue to cooperate if the case eventually goes to the ICC?

I think it is clear to the Korean officials that things have come to this point after ten years of foreign investigation by a commission set up by the Human Rights Council. Therefore, there will be some sort of accountability at some stage. That, of course, doesn't exclude the possibility of short-term actions.

North Korea should give access to UN agencies and allow them to work with its officials to address immediate human rights problems. That, in my view, will help improve the overall situation of the North Korean people.

Marzuki Darusman is the United Nations' special rapporteur on North Korea.