The North Korean Human Rights Act (NKHRA) was passed on March 3, 2016, by the Seoul National Assembly in the Republic of Korea. The act sets clear guidelines for the protection and advancement of human rights for current and former North Korean citizens in accordance with the Universal Declaration of Human Rights. The North Korean Human Rights Act became effective on September 4, 2016.
Act No. 14070 (NKHRA) outlines everything from the funding, research, and agencies to be established in order to carry out the purpose of the act. The NKHRA will create an annual plan to remedy alleged human rights abuses in North Korea and provide humanitarian assistance to North Korean citizens. It calls for the formation of an advisory committee that addresses problems faced by prisoners of war and separated families in the North. With the large number of afflicted individuals targeted by the NKHRA in mind, the act gives preference to the most vulnerable social groups such as children when assistance is to be provided. The act also aims to secure the physical safety of defectors and increases the flow of information to them by providing appropriate financial assistance to South Korean civil groups vis a vis specifically created bodies such as the North Korea Human Rights Foundation and the North Korean Human Rights Archive.
Background
Since the mid-2000s, the Seoul National Assembly has promulgated legislation that seeks to foster a more informed relationship between the Republic of Korea (ROK) and the Democratic People's Republic of Korea (DPRK). The most notable new enactments include the Inter-Korea Exchange & Cooperation Act, the Inter- Korean Cooperation Fund Act, the Development of Inter-Korea Relations Act, and most recently the North Korean Human Rights Act. Over this period, some NGOs have been openly critical of governmental commitment to addressing issues of human rights in North Korea. These groups have argued that attention given to humanitarian issues in North Korea tapered off following the Great Famine or "Arduous March." Historically, consistent aid-focused campaigns were positively correlated to the amount of aid provided to the DPRK after 1995. From 2004 to 2012, bilateral and multilateral aid expressed a steep downward trend before eventually returning to its pre-1995 levels, as the broad network of NGOS campaigning for North Korean aid became limited to a few strategic advocacy groups. Organizations like Good Friends (Choŭn pŏddŭl) continued to bring awareness to North Korean human rights abuses by distributing photographs of famished North Korean children as one method for generating funding.
Such scrutiny came after various iterations of what ultimately became the NKHRA spent eleven years working its way toward approval from the National Assembly. During this time, both the United States and Japan passed legislation addressing North Korean human rights in 2004 and 2006, respectively. A 2014 UN Commission of Inquiry Report did little to assuage the concerns of human rights advocacy groups after the commission identified clear examples of the afflictions of North Korean citizens. In response, the Human Rights Foundation (HRF) later developed a Global Coalition for the North Korean Human Rights Act in September 2015 as a part of its continued Disrupt North Korea Project upon voicing its frustration with the National Assembly. The group consists of policymakers, activists and former heads of state. Prominent members include: Jimmy Wales, Larry Diamond, Viktor Yushchenko, Steven Pinker, Emil Constantinescu, Nurul Izzah Anwar, and Srdja Popovic. Seeking to bring awareness to alleged North Korean human rights abuses and to pressure the South Korean government to be more proactive, the Human Rights Foundation, among others - including Amnesty International and Human Rights Watch - continue to advocate for human rights in North Korea following the enactment of the NKHRA.