Table of Contents

Preface

1. Human Rights Mechanisms in the DPRK

1) Review

─ Physical Geography

─ History

─ Guiding Ideology and Social System

2) Views and Stand of the DPRK on Human Rights

① Human Rights is Independent Rights.

② Popular Masses Enjoy Genuine Human Rights

③ Human Rights is State Sovereignty.

④ Basic Human Rights and its Standards.

─ Basic Human Rights.

─ Human Rights Standards

3) Development of Human rights Mechanism in the DPRK

(1) Foundation for the Establishment of Human Rights Mechanisms

(2) Establishment of Democratic Human Rights Mechanisms

(3) Democratic Human Rights Mechanisms in the Wartime

(4) Establishment of Socialist Human Rights Mechanisms

(5) Consolidation of the Socialist Human Rights Mechanisms

4) Human Rights Mechanisms in the DPRK

(1) Ensurance of Human Rights by the Constitution

(2) The System of Human Rights Laws

(3) Organs for the Protection & Promotion of Human Rights

(4) System of Human Rights Education and Dissemination

2. Enjoyment of Human Rights by the DPRK Citizens

1) Political Rights

(1) Right to Vote or to be Elected

(2) Freedom of Speech and Press

(3) Freedom of Assembly and Association

(4) The Right to Freely Participate in State Governing

(5) Freedom of Religion and Thought

2) Civil Rights

(1) Right to Life

(2) Right not to be subject to Torture

(3) Right not to be subject to Slavery

(4) Right to Personal Liberty and Security

(5) Right to Fair Trial

3) Socio-economic Rights

(1) Right to Work

(2) Right to Social Security

(3) Right to Adequate Standard of Living

4) Social and Cultural Rights

(1) Right to Education

(2) Right to Participate in Scientific & Cultural Activities

(3) Right to Health

5) Rights of Special Group

(1) Rights of Women

(2) Rights of the Child

(3) Rights of the Aged Persons

(4) Rights of the Persons with Disabilities

3. DPRK Position and its Efforts for the Protection and Promotion of Human Rights at the International Level

1) Principled Stand of the DPRK on the Protection and Promotion of Human Rights at the International Level

① Views on the Protection and Promotion of Human Rights at the International Level

② Views and Principled Stand on International Human Rights Instruments

2) Faithful Implementation of the International Human rights conventions

① DPRK-acceded International Human Rights Instruments

② Implementation of the International Human Rights Instruments to which the DPRK is a Party

3) International Cooperation in the Field of Human rights

4. Main Obstacles to the Promotion of Human Rights in the DPRK

1) Hostile Policy of the United States and Its Attempts to Stifle the DPRK

(1) Hostile Policy of the United States

(2) War and Aggressive Manoeuvres

(3) Economic Sanctions

(4) Nuclear Issue

2) Anti-DPRK Human Rights Campaign by the US and its Followers

(1) Reactionary Nature of the Anti-DPRK Human Rights Campaign on Human

(2) The Criminal Moves by the US and its followers to internationalize “the DPRK Human Rights Issue”

5. Prospects for the Protection and Promotion of Human Rights in the DPRK

1) Policies and Measures for the Protection and Promotion of Human Rights of the Korean People

2) Continued Efforts for Perfect Human Rights Legal Mechanisms

3) Safeguard of National Sovereignty & Creation of Peaceful Environment

Conclusion

Appendix

Review of the DPRK Association for Human Rights Studies

Preface

Recently, distorted views are floated by anti-DPRK hostile forces about the realities of the DPRK, especially its human rights situation, causing serious misunderstanding thereof.

The United States and its followers are pursuing persistent anti-DPRK human rights campaigns aimed at interfering in its internal affairs and eventually overthrowing the social system by fabricating “human rights issue” of the DPRK to mislead international opinions and raise it to the United Nations.

However, truth will always prevail and cannot be covered by whatever means.

The DPRK Association for Human Rights Studies, with a view to helping the international community have a correct understanding of the human rights situation in the DPRK, publishes this comprehensive and detailed report on the history of the Government’s efforts for protecting and promoting human rights, realities, obstacles to its efforts in ensuring human rights, and status of implementation of its international obligations.

This report has been prepared on the basis of studying and analyzing a huge number of documentations such as official documents, human rights-related laws and publications of the DPRK, international human rights instruments, documents and data of international human rights organizations and the current situation of the country as well.

Contributions and views were solicited from State organs such as the Presidium of the Supreme People’s Assembly, Supreme Court, Ministry of Foreign Affairs, Education Commission and Ministry of Public Health, non-governmental organizations (social organizations) like the Korea Education Fund and Korean Federation for the Protection of Persons with Disabilities and professors and researchers at the institutions of legal education and studies including Law College of Kim Il Sung University and Legal Institute of the Academy of Social Sciences and many other individuals.

This report was published with consent to any insufficient and incomplete parts in its contents.

1. Human Rights Mechanisms in the DPRK

This part provides a summary of the geographical location, history, and social system of the DPRK, views and stand of the DPRK in respect of human rights and development of legal system of human rights protection, as well as the current situation of the country.

1) Review

─ Physical Geography

Korea is situated in the east of the Asian continent. It consists of the Korean peninsula and 3,452 islands around it, extending over a total area of 223,370 square kilometres.

The northern part of the Peninsula is bordered by China and Russia with Amrok River and Tuman River between two sides. The Korean Peninsula is surrounded by East Sea, West Sea and South Sea of Korea, faced with Japan in its East Coast.

With nearly 80% of its territory mountainous, it has high mountains, deep valleys, hilly areas and thick forests. The six famous mountains, namely, Mt. Paektu, Mt. Kumgang, Mt. Myohyang, Mt. Kuwol, Mt. Chilbo and Mt. Jiri are well known to the world.

There are rivers, lakes and springs in many different parts of the country, ranking it among those countries with plenty of water sources. Mineral water and hot springs numbering 179 are well known for their good quality.

Korea has four seasons of spring, summer, autumn and winter; each season has its distinctive characteristics and unique beauty.

Considering the size of its territory, Korea is rich in mineral resources. Hence, they say its area should be measured by cubic meters, not square meters.

In particular, Korea ranks among the leading countries in the world in terms of deposits of iron ores and magnesite. The area of limestone deposits, the main raw-material of cement, covers 25~35% of its land and coal deposits amount to billions of tons.

─ History

Korea is a land of Korean ancestors that lived there generation after generation from ancient times, and one of the origins of human culture where they created and succeeded their own Taedonggang Culture.

In the early 3,000 B.C., Tangun, the founding father of the Korean nation, opened a new era of civilization by founding Ancient Korea with Pyongyang as its centre, which was the first ancient state in the eastern Asia.

Koreans, a homogeneous nation with the same blood, language and culture, lived in one land from ancient times. They are a resourceful nation that created material and cultural wealth through their creative activities.

Koreans were the first in the world to invent iron-clad warship, metal types and astronomical observatory. Numerous historic sites and relics including Koguryo tomb murals and historic relics in Kaesong were registered as the world cultural heritages.

In modern times, Korea was turned into the arena of competition between big powers, finally suffering the disgrace of being occupied by the Japanese aggressors in early 20th century.

Under the leadership of the Great President Kim Il Sung, Korean people waged a 20-year long anti-Japanese revolutionary struggle to liberate the country on August 15, 1945.

On Sep. 9, 1948, they formed a genuine people’s government for the first time in the national history by founding the DPRK that represents the interest of the entire Korean nation.

The US imperialists occupied the southern part of Korea after the World War II under the pretext of “liberating” it and invaded the northern part of Korea on June 25, 1950 to eliminate the country in its infancy. However, the Korean people performed a world-startling heroic feat by defeating the US who boasted of being “the strongest” in the world.

Korea was first divided into the north and the south after the liberation from the Japanese military occupation with the 38th parallel of the north latitude as a border and then after the Korean War by the military demarcation line drawn in accordance with the Korean Armistice Agreement.

Upholding the banner of independence and self-reliance, Korean people successfully carried out the anti-imperialist, anti-feudal democratic revolution, post-war reconstruction and socialist construction, and established in 1958 the first socialist system in the East.

After the establishment of the socialist system, the DPRK strengthened the political foundation of the country by dynamically carrying out the three revolutions of ideology, technology and culture and laid firm foundations of the independent national economy by carrying out the historical task of industrialization in a short span of 14 years.

In the DPRK, great efforts were exerted to raising people’s living and cultural standards, thus resulting in a great advance in basically meeting their needs for food, clothing, housing, education, cultural activities and health care. Taxation was abolished and systems of universal free medical care and free education have been put in place.

In the late 1980s and early 1990s when many countries were undergoing great political turmoil due to the collapse of the socialist system and the return of the capitalist system, the DPRK continued to maintain its socialist system and worked hard to safeguard its ideology and system and provide people with happy life.

The DPRK strengthened its defense capabilities by virtue of the Songun politics, successfully went through the Arduous March and Forced March and laid firm foundations on the basis of which the building of a prosperous and powerful country could be dynamically pushed forward.

The 60-year long history of the DPRK is a history of self-reliance in which Korean people established and strengthened the people-centered socialist system under the wise leadership of the great President Kim Il Sung and the great leader Kim Jong Il.

If the DPRK had yielded to unprecedented trials and difficulties and depended on others or given up the principle of self-reliance in the face of the pressure of outside forces, the socialist system centred on popular masses could not have been safeguarded and its identity would have disappeared with the collapse of world socialist system.

─ Guiding Ideology and Social System

The guiding ideology of the DPRK is the Juche idea.

In a nutshell, the Juche idea means that man is the master of everything and decides everything. In other words, it means that man is responsible for his own destiny and also has the capacity to shape his destiny.

The Juche idea is the most scientific and revolutionary guiding ideology as it guarantees, through adherence to the principles of independence, self-reliance and self-defense in the activities of the State, the status of the people as the masters of the revolution and construction in the political, material and military fields, realizes the independence of the people in all aspects of social life and advances the revolution and construction to victory.

All the achievements made by the Korean people in their efforts to build and strengthen the socialist system represent the triumph of the line and policies of the DPRK guided by the Juche idea and vivid manifestation of superiority and stability of the government of the DPRK.

The Juche idea is the ideology of believing in people as in heaven. Take full responsibility for and protect people’s future and spare nothing for the promotion of their welfare – this is a political doctrine and principle of activities of the DPRK Government.

The Government of the DPRK guided by the Juche idea is carrying out its responsibility and mission as a representative of people’s independent rights, organizer of their creative abilities and activities, householder responsible for their living conditions and protector of their independent and creative life.

The social system of the DPRK which has embodied the Juche idea is a people-centered social system in which people are the masters of everything and everything serves them.

Its political system is popular as it makes people masters of state governing, serves them and bestows upon them priceless political integrity.

Its economic system ensures people an independent and creative working life, as well as affluent and civilized living standard. Its cultural system enables people to create and fully enjoy socialist culture.

All the lines and policies adopted and implemented in the DPRK, a people-centered social system are directly related to ensuring people’s independent rights, with top priority given to their interests and convenience.

Under such social system, the Korean people enjoy a worthwhile and happy life without any social and political uncertainty, and beautiful traits of helping each other and sharing joys and sorrows under the slogan of “one for all and all for one” are witnessed in various social life.

The Korean People are convinced that their state and social system based on the Juche idea are the most superior and popular one as it guarantees them genuine freedom and rights and place absolute trust in it, making devoted efforts to further consolidate and develop it under the wise leadership of the respected Marshal Kim Jong Un.

2) Views and Stand of the DPRK on Human Rights

At present, countries and nations have their own views and stand on the concept of human rights, and international human rights instruments adopted so far fail to provide unified and correct definition thereof.

Furthermore, certain countries and hegemonic forces are spreading their values and grossly distorted human rights views, while violating the sovereignty of other countries and infringing upon their human rights.

Under such a situation, without a correct view on human rights, countries cannot guarantee their people genuine human rights or properly deal with human rights issues arising at the international level by counteracting the arbitrariness and high-handedness of hegemonic forces.

Placing human being at the centre of all considerations and in consideration of the actual realities of the country and practical experience, the DPRK endeavors to protect and promote the genuine human rights with correct views and stand on human rights.

The following are the main views and stand of the DPRK on human rights:

* Views and stand of the DPRK with respect to human rights are based on the people-centered Juche idea, the most scientific ideology for the protection and promotion of people’s independence.

① Human Rights is Independent Rights.

As human rights literally mean the rights of human beings, their concept should be defined on the basis of human nature.

Independence is intrinsic to the nature of human being. The right to realize independence is after all the independent rights; that is the human rights.

Independence is an attribute of a social being desirous of living and developing in an independent way as the master of the world and his destiny.

Independence is the life and soul of man, a social being. Man can maintain his dignity and worth as a social being and live a life worthy of a human being only when he achieves independence.

If man is to achieve independence, he needs to have the right empowering him to realize it. It is because the right embodies his wishes and needs, as well as the responsibility on the part of the State concerned to ensure that it is realized.

Independent right reflects independent wishes and demands of a man desirous of living and developing free from all sorts of restrictions and subjugation as the master of the world and his own destiny, and makes it possible for him to maintain and realize it.

The rights that do not embody independent will and demand of man or fail to realize them are not human rights in the real sense of word.

This shows that any discussion of human rights apart from the independent nature of man is meaningless, and that human rights cannot be protected and realized unless man’s independence is realized.

Man’s activities to realize his independence cover all aspects of social life.

For this reason human rights are independent rights that enable man to hold his position and play the role as the master in all fields of social life including politics, economy and culture.

In the final analysis, if human rights are regarded as independent rights, the efforts to realize them are just. However, protection and promotion of “human rights” based on unscientific viewpoint on man’s nature cannot be justified no matter which country claimed them or which international document “confirmed” them.

② Popular Masses Enjoy Genuine Human Rights

Human rights are defined in international human rights instruments as the “rights of all members of the human family” or “rights of all human person”.

It is understandable that the definition of human rights is given in such broad terms since it should be acceptable to all states and nations with different social and political systems and different level of development.

Such definition has some significance in avoiding argument and dispute among different states and nations concerning the concept of human rights and leading them to compromise and agreement.

However, the failure to provide clear-cut definition of human rights in the international instruments gave room to different countries to interpret it in their own ways.

Those who make such interpretation can be divided into two groups.

In the first group they argue whether human rights are the rights of individuals or collectives, while to the second group belongs to those debating whether human rights have class character or super-class character.

Whether human rights are the rights of individual or collective – the former is the right of an individual as a member of the collective. Therefore, the right of individual apart from the social collective is unthinkable.

Popular masses demand the genuine rights, the independent rights, to live and develop independently and creatively free from the all kinds of fetters of nature and society and they are the owner of creative capability to realize it.

As historical facts show that all rights that the people in different time championed are presented by their intention and demand and realized by their efforts.

The rights that do not reflect their demand and the right that is not guaranteed by the people’s efforts can not be regarded as genuine rights.

The independent demand of the social collectives for the existence and development of the collective is the common demand of the social members and independent demand of the individual is the demand which one deserves as the member of the society with guarantee from the collective.

The demand of the popular masses, social collective, represents the demand of the community and coincides with the demands of each member of the social collective.

In this context, guaranteeing human rights, in its true sense, means meeting both demands of collective and its members.

The true ideal of human rights to fulfil the demands and interests of the popular masses is out of agenda in countries where class confrontation, inequality, exploitation and oppression are rampant. The human rights in such countries are not meant for the popular masses which form majority of the society.

Regarding the human rights as the rights of the popular masses does not mean it ignores the general concept of human rights as defined in the international human rights instruments.

③ Human Rights is State Sovereignty.

At present, respect of sovereignty and non-interference in other’s internal affairs are recognized as the main principles in international relations.

It is important in international relations to respect other country’s independence and sovereignty and refrain from infringing upon them and interfere in matters under the jurisdiction of other country.

Nevertheless, the US and some western countries are of the view that the human rights comes before the state sovereignty, and the interference in other’s internal affairs is justified under the pretext of the “protection of human rights”.

The issues including political system, policy planning and its execution, administration of state organs, customs duty, nationality, ties and measures of each country in the international relation fall under category of internal affairs.

The same applies to the policy, mechanism and measures of each country related to ensuring the human rights.

Human rights is internal affairs and it presupposes the ensurance of state sovereignty. It is by no means an object of interference or a tool to justify it.

From this perspective, the DPRK maintains that human rights is state sovereignty.

In other words, it means that state sovereignty is the national independent rights.

People meet their independent needs in each national state as a unit.

The national sovereignty is needed to meet the demand of people in each national state.

All the people in each country exercise the human rights to meet the independent right of their own with the state ensurance of systematic and legal guarantee.

This means that the human rights is secured and guaranteed by the sovereignty of each country and nation, not by the interference and instruction of any country or international organizations.

In case a state loses its sovereign right, then human rights of the people and its promotion will remain a paper argument.

The colonial history of Korea in the past and violations of human rights currently committed by hegemonic forces in some countries such as Iraq clearly proves this fact.

* Korean people were subject to a miserable life worse than a dog of a family having funeral due to the deprivation of the country by the Japanese Imperialists. Japanese Imperialists occupied Korea by force of arms and trampled down all rights of Koreans under the gangster logic “Koreans should obey the Japanese laws or they shall die.”

There are big or small and developed or developing countries but no country has the right to trample upon the sovereignty of other nations.

Sovereignty of each country is equal; it is the absolute and inalienable right for all countries.

Human rights and state sovereignty are not the matter of theory. These are the serious political and legal matters which are directly connected with the destiny of sovereign country.

Therefore, high vigilance is required not to permit any act of interference by some countries and international human rights organizations under the name of “human rights protection”.

Not allowing any act of interference means the implementation of obligations by each country in promoting the human rights at international level.

④ Basic Human Rights and its Standards.

─ Basic Human Rights.

o Assessment of Different Views on Basic Human Rights.

At present, there are a lot of mentions about identifying basic human rights in international human rights instruments but no definition is given in that regard.

Not only in the arena of the international human rights but on the international political stages, various opinions circle around on the issue to which rights belong to the basic one among the rights which people have.

At present time the origin of the basic human rights are found in the “Declaration of the Rights for Human Being and Civilian” adopted in France on August 26th 1789 and “Declaration of Independence” adopted in US on July 4, 1776 in the capitalist world

The Declaration adopted by France asserts that “freedom, property, safety and resistance to the suppression” are the basic human rights while the “life, freedom and the pursuit of happiness” are regarded in such a way in the US Declaration.

But “basic human rights” in these declarations can not be the general basic human rights because it confirmed and consolidated the political and economic hold of the bourgeoisie.

Also there is view that the right of peace, right of environment is the basic.

It is the fact that the issue of the peace and environment presents itself as a very important one in the safety of the human rights today when aggression of hegemonic forces and acts of war are becoming evermore undisguised and the pollution and destruction of global environment threaten the existence of human beings.

But those can not be the basic human rights.

The meaning and content of the basic human rights can not be changed even though new matters of rights arise and they become the important rights.

Rights of peace and environment and asserted other rights are different in the content but they are asserted because of the lack of the guarantee of the basic human rights.

o Socio-political Rights, the Right of Dignity, the Right to Existence and Inviolability constitute Basic Human Rights

Basic human rights are the most important one which is the foundation and source of all rights. In other words, campaigning for the other rights can not be thought without basic human rights.

From this point rights bellow belong as follows.

First of all socio-political rights for protecting the socio-political independence belong to the basic human rights.

Socio-political independence is vital to the human, social being.

Without it, human is a social outcast and can not escape from the slavery even though he has physical life.

Socio-political independence can be campaigned through rights, the guarantee and exercise of socio-political right which contains the content of the freedom and right which people can participate in the realization of state authority, state management and socio-political activity.

If the human doesn’t become the political master with socio-political right and exercise, he can not be guaranteed the economic and cultural rights.

This shows that socio-political rights is the basic rights based on the human’s all rights and the most important right that can make him occupy the position and play the role as the master of the state and society.

There is right of dignity which the man should be respected socially in the basic human rights.

In the world the most dignified and valuable being is human.

Everything in the world has value of its own when it serves the human, the most dignified and valuable being.

Dignity and value of human can be exercised fully through the achievement of the social, moral equability, free development and exercise of right to be treated manly.

Moral discrimination is the insult to the dignity of human and slavery and inhuman and dishonourable morality and forcible acceptance is the infringement to the human dignity and right no matter it is done for any reason.

Also the international human rights documents confirmed that the right of dignity is the basic human right.

Right of existence and inviolable right also belong to the basic human rights.

Economic life is the field of social life that is essential to the existence and development of human.

Human can maintain its existence and glorify it when he has the right in the economic life which are rights of labour and ownership, and right of existence and exercise it freely.

Any exercise of rights can be thought without guarantee of freedom.

Human can exercise the human rights fully and peacefully when the inviolable rights, the right not to be in confinement and arrested imprudently, are guaranteed.

─ Human Rights Standards

o Assessment on Human Rights Standards in the International Human Rights Instruments

“Human rights standards” in the international field were established through the UN’s activity for the adoption of the human rights conventions after World War II.

Human rights standards established in the international human rights instruments reflect the reality of international community with existence of various idea and system and have the general standards and goals which each country should achieve in the arena of human rights.

Much progress has been made in the protection and promotion of human rights by the establishment and adoption of human rights standards.

But confrontations and contradictions exist between the states and groups over human rights standards and its adoption and it has been the serious international political and legal issue.

The important reason is the anti-human act of the US and western countries.

It will be explained in detail.

There is no human rights standard which every country can accept.

In every respect international human rights standards were reflected human noble ideal and justice to protect the human rights and established but that does not mean ignorance of demand and interests of people in every country.

Furthermore international human rights standards do not copy “standards” of particular countries or demand to follow it evenly.

As the guarantee of the human rights takes place with each national state as a unit, reality and demand of the national state should be concerned inevitably in analysing and applying the international human rights.

This means that international human rights standards should be established to be fit for the demand and reality of the national state and each state can establish human rights standards of their own and apply them.

o Negative nature of the “human rights standards” of the US and Western countries

The US and western countries misuse universality of the human rights standards established in the international human rights instruments and they are going still endless lengths in their manoeuvres to force their “human rights standards” upon other countries as they did before.

These countries make the rumour afloat that their “human rights standards” are the “fair standards” and “the best standards” which can be decided and solve all issues in the field of human rights.

It is axiomatic that “civilization” and “standards” of US and western countries, the boss infringing upon the human rights, can not be the unique human rights standards in the world.

“Human rights standards” of the US and western countries are reactionary ones applied in the imperialist way of thinking, with the view of value and way of life which look down, oppress and dominate others.

Nobody in international community empowered them to establish the international “human rights standards”.

These countries, unqualified to discuss the noble human rights, pretend to be “incarnation of human rights” and have been trying to force their standards as universal ones.

It was proved vividly that “COI” attempted to bring down the DPRK by collecting the prejudiced “data” without any scientific accuracy and objectivity in the content and raising the publication of “report” of intervention which is extreme in the selectivity and double-dealing standards.

Starting from the one-sided interests non-relevant to the human rights, US and western countries are exercising the collective force upon the countries maintaining their specific system and political mode by accusing them as “states infringing upon human rights”.

If the act of politicization, selectivity and double-dealing standard of the US and its followers, unqualified to discuss the genuine human rights, is connived, acts of taking issue with particular countries selectively for the political cause will be rampant more and more.

The acts of the US and western countries should not be allowed to go on as they happened in the arena of international human rights ; criticizing and taking issue with the human rights situation of the other countries for one reason that they are not their “allies” or “partners.”

o Standards of Human Rights Approved by the People is just

In every county those who demand the human rights and campaign it are the people and the one who decide and analyse is the people, too.

The standards which reflect the demand and intention people and realize it, is the human rights standards and that is the fair and genuine human rights standards if the people like.

There are so many countries in the world and each country is different not only in the field of political system but also in the fields of history, custom, economy, standards of cultural development and life style.

In such situations, the human rights standards should be established to meet the demand of people in each country.

No doubt that it is necessary to respect and consider the principles of international law and standards established in the international human rights documents as circumstances that countries established the human rights standards which meet the demand of people.

It is related that the principles of international law and human rights standards were reflected and established on the noble intention and desire for the building of new world with guarantee of genuine human rights and development of relations between countries based on independence.

Establishment and applying the human rights standard which respects the standards established in the international human rights instruments and fits for demand and reality belong to the sovereignty of each country.

Human rights could be only guaranteed by principled standards which respect the principle of international law and demand of people in each country, not by the arbitrary “standards” geared toward the narrow, selfish and vulgar purposes.

Government of DPRK has established the fair standard and guarantees all rights of social beings universally.

Through the practical life experience Korean people assure that human rights standards of DPRK are the true and fair standards which can guarantee their independent right.

“Human rights standard” based on the American view of value should never be applied to DPRK and used for the political purposes and precondition with development of relations.

3) Development of Human rights Mechanisms in the DPRK

The human rights protection system established in the DPRK right after its liberation from the Japanese colonial rule has a history of nearly 70 years.

For space constraints all of the particulars cannot be covered.

Therefore, the process of establishment and development of human rights protection system in the DPRK will be summarized, divided into several stages.

(1) Foundation for the Establishment of Human Rights Mechanisms

Efforts in the DPRK to establish the human rights protection system started with the laying of foundations.

As a structure on strong foundation is secure, so the effective human rights protection system requires good groundwork.

① Abolition of Colonial Anti-Human Rights Laws

Each and every law manufactured by Japan in Korea in the past were unprecedentedly evil, anti-human rights laws aimed at depriving Korean people of all political freedoms and rights, and forcing colonial slavery upon them.

Abolition of these evil laws that served to systematize servile submission and deprivation of rights was the first priority for the establishment of the human rights protection system that provides genuine democratic freedom and rights to Koreans.

Thus, soon after the liberation measures were taken to declare that all the laws and regulations enforced under the Japanese colonial rule were no longer effective and no legal order was permissible which was opposed to the building of a new country and the interests of the Korean people.

It was the manifestation of the will of the Korean people to verify by law that all laws that oppressed and plundered the Korean people and fettered Korea as a colony were abolished and to establish a new human rights protection system for the guarantee of the freedoms and rights of Korean nation on the basis of the democratic legal order.

Given the fact that in those days (1945) new democratic state laws were not yet enacted, these measures were significant as they laid down general principles to be adhered to in abolishing evil Japanese laws and enacting and enforcing new democratic human rights laws.

It was regarded as something unavoidable in former colonies to continue to enforce some of the colonial laws or refer to them when preparing bills.

Quite a few countries are known to have done so.

But Korea adhered to the principle of abolishing the whole lot of evil colonial laws and establishing a new legal system and order for the protection and promotion of the freedoms and rights of people on the basis of the democratic and revolutionary legal consciousness of people and as required by the new society.

② Establishment of Organizations for Human Rights Legislation

First priority was given to establishing local people’s committees and adopting legal instruments.

Organization of the mechanism for the enactment of the human rights and augmentation of its function and role became the important issue to establish the human rights mechanism in the liberated Korea without united central legislature.

Hence, various kinds of meetings including conference of people and inhabitants’ sessions were held and representatives were elected by the will of people and the local organs of power were organized.

Through these local organs of power popular and democratic policies were suggested to establish new democratic legal order and legal documents were made including decision, order, and proclamation for its implementation.

It shows that new popular and democratic documents of the human rights instruments were made from the level of the local people’s committee.

Even though the legal documents of local people’s committee represented the idea of local people and local effect but they played an important role in the establishment of popular and democratic human rights mechanism as the document of codified style which represent the consensus of the local people and protect their interests.

Thus, 10 Administrative Bureaus of north Korea were organized and enactment was undertaken.

As local people’s committees were set up in the north after the liberation of the country, it was necessary to strengthen relations between committees in all sectors including economy to give unified guidance to the economic sectors. On this purpose, the 10 Administrative Bureaus were organized on November 1945.

The 10 Administrative Bureaus, the sectional and central administrative organ, which gave instructions to each section of the economy and kept economy of each province connected, enforced various kinds of the human rights documents including decisions, proclamations, orders, rules and restriction.

As human rights law documents of local committee of people had effect in the scope of its region, the documents of the bureaus of north Korea had legal effect in every field across north Korea.

The enactment of the human rights law documents of bureaus was big progress for the organization and management of united human rights mechanism.

And provisional committee of north Korea was established and enactment was undertaken.

In Korea the provisional people’s committee of north Korea was established, the central government body of north Korea in the conference of the representative of democratic political parties and public organizations, administrative bureaus and people’s committee on February 8, 1946.

Provisional People’s Committee of north Korea was the legislative organ with the function of popular democratic dictatorship that enacted and enforced the united human rights laws and regulations all over north Korea.

From the time of establishment of the Provisional People’s Committee of North Korea and enactment of the human rights laws and regulations the united mechanism was established for the human rights instruments in Korea.

③ Democracy in Judicial System

Work of democracy in judicial system was the popular and revolutionary work of establishment of judicial system which protected the rights and interests of people by abolishing the old-fashioned judicial system that used to serve for the Japanese Imperialist rule.

Thanks to the democracy in judicial system, pro-Japanese elements and national traitors could be cleaned up while establishing the people-oriented and democratic human rights mechanisms and countering all the moves of the hostile forces.

By this 10 Administrative Bureaus of north Korea were organized and provision to organize the public prosecutor offices and court of justice of each level were made and systems of dual-instances was applied in judgment and people’s jury system was established.

After the establishment of Provisional People’s Committee of north Korea, the democracy in judicial system was accelerated even more.

Several laws and regulations including provision of Provisional People’s Committee of north Korea on March 6, 1946, “Fundamental Principle of the Organization and Function of Bureau of Justice, Court of Justice and Public Prosecutor Office” extensively regulated the fundamental principles of the duty, organization and activity of the judicial administrative and court of justice and prosecution organs.

These laws and regulations became legal foundation that judges could adjudicate fairly on the basis of the interests of Korean people and democratic legal consciousness on the condition that the laws and regulation such as civil and criminal substantive laws and regulations were not ready.

Democratic legal procedures and preliminary proceedings of organs court of justice and preliminary trial were also regulated.

Provisions of PPCNK “Regulations on the criminal judgment of the judicial organs of north Korea” (May 14, 1946) and “Law on criminal case examination of the security organs of prosecution level of north Korea” (June 20, 1946) regulated democratic principle in the organizing and activity of the court of justice.

Judges were elected in the people’s assembly – genuine organ of power of people – according to the provision of PPCNK “On the Election of Judges” for the first time in the history of DPRK on January 14, 1947.

This meant that court of justice was formed by the genuine representatives of people and became the court of justice that guaranteed the rights and interests of people in the true sense.

And also independence of judge was recognized and principle of open trial and rights of defence and appeal of accused were guaranteed by the enactment of the several legislations in order to realize democracy in judicial system.

Thus the democratic rights and freedom of people were guaranteed and democratic judicial system which guaranteed the construction of new fatherland was established after liberation in a short period of time.

(2) Establishment of Democratic Human Rights Mechanisms

After the liberation of the country, the establishment of democratic human rights mechanisms was raised as the important issue in the construction of new fatherland.

At previous time, corrupt class of feudal rule oppressed the people’s will and made people ignorant so that they could exploit and rule as they pleased.

Furthermore, the Korean people had nothing but to suffer from the absence of the rights and slavery in decades of occupation of Japanese Imperialists.

The system is needed that can guarantee the democratic freedom and rights of the people who led a miserable life due to maltreatment, contempt and ignorance for centuries. Under such system, the people could actively participate in the construction of new country full of pride as true master of the state and society.

The main principle in the establishment of democratic human rights system was the system that can ensure the democratic freedom and rights of the people.

Representative legal laws and regulations are as follows.

① Democratic Election Legislation

Democratic election legislation in the DPRK was established by the enactment of the laws related with the election of representatives in the local and central power organs.

The election law of representatives of local power organ includes the “Decision of the 2nd Enlarged Committee of Provisional People’s Committee of north Korea on the Election of the Member of People’s Committee of Sub-county, County, City and Province “(Decision of PPCNK on September 5, 1946) and “Election Regulation of Member of People’s Committee of Sub-county and ri of north Korea” (Decision of PPCNK on January 7, 1947).

These election laws regulated all the comprehensive rules to guarantee democratic election, including fundamental principle, procedure of framing list of elector, electoral district and sub district, procedure of candidate nomination, procedure of election and procedure of confirmation of result of election.

These laws had their own characteristics with the deepest consideration to legalize democratic electoral principle by means of universal, equal and direct suffrage by secret ballots, and to offer conveniences to the people in the election.

Election laws on the reflection of the intention of the popular mass for the first time in the history of DPRK regulated the content to make people elect the representatives directly thus 99.6% of the wholes electors participated in the election.

Approval rate was 97% in election of provincial level, 95.4% in the level of city and 96.9% in the level of county.

Representative one among the election laws and regulations of the central organ of power was “Regulation on the election of representative of People’s Assembly of north Korea”.

According to this law the election of representatives of central organ of power held on February 17 to 20, 1947 was conducted in the ratio of five to one candidate of people’s committee of province, city, and county on the basis of democratic principle by secret ballots.

As a result 237 candidates from all walks of life including 86 from Workers’ Party of Korea, 30 from Democratic Party, 91 from Chongu Party, 91 independent representatives (34 women, 7 enterpriser, 10 merchants, 4 handcraft men, and 10 religionists among them) were elected as representatives of the central organ of power.

The fact that candidates from all walks of life were elected and broad masses of people participated in the election and cast the favourable vote, showed that election law established in Korea was democratic one which reflected exactly the demand of people who exercise the political rights through election.

By the establishment of election law, Korean people could have the absolute legal guarantee which they could exercise the political rights to the full and freedom by assuming the power

② Labour Legislation

In the DPRK, genuine and democratic labour legislation were established by the Labour Law and its detailed regulations.

Guaranteeing genuine rights of labour to the workers and office workers and improving the condition of labour and material life fundamentally is the important content of guarantee of democratic rights and freedom.

Laws and ordinances were promulgated on June 24, 1946 by the decision of the PPCNK.

“Labour Law of the Workers and Office Workers in north Korea” with 26 articles regulated extensively democratic freedom and rights including the 8-hour workday, equal wage system, paid vacation, social insurance system.

Particularly important one in the content of labour laws was to regulate the introduction of the 8-hours workday.

By regulating the introduction of the 8-hour workday remnants of the forced labour of Japanese colony which forced the unlimited labour time and severe labour condition, was abolished and the avenue of new life of labour was opened.

The introduction of 8-hour workday was the creation of the solid foundation that solved the biggest issue in the fulfilment of the independent and creative labour life and could accelerate the construction of the country dynamically by firing workers’ voluntary zeal.

The labour law regulated to introduce the 7-hour workday to the workers who worked underground and in the section of production that was harmful labour conditioned.

Considering that the intensity of the expenditure labour was different from the labour condition, it was the just step to guarantee the health and safety of life of workers.

According to this law child labour was prohibited completely in every field.

And it also regulated the issue of absolute abolishment of murderous famine wage system of during colonial time, introduction of the two week regular paid vacation to the workers and office workers, issue of the introduction of additional vacation of two week except for the regular vacation and the affair of introduction of social insurance such as issue of medical aid and payment subsidy according to the loss of the labour ability and death.

After promulgation of the labour law, PPCNK intensified the supervision and control for the enforcement of labour law while making people understand advanced content of the labour law and its enormous significance.

So the Labour Law was enacted and enforced in the whole region of north Korea in a short period of time.

After that as the situation developed several regulation that materialized and developed the law were established

Thanks to the democratic labour law, all the Korean workers and office workers could be free from the severe and forced colonial labour and gain the genuine and democratic freedom and rights. And fundamental change was made in their works and lives and the dramatic development was accomplished in the construction of new fatherland.

③ Gender Equality Legislation

In the past, the Korean women were ill-treated and regarded with contempt domestically and socially for a long time due to the idea of predominance of men over women. Especially situation under the colonial rule of Japanese imperialist were miserable and tearful indeed.

Japanese imperialists forced great number of Korean women and let work hard like beast of burden in the caves and wire entanglements in manufacturing war supplies. They even committed all kinds of atrocities such as forcibly drafting women to the war and to serve as sex slaves.

The number of Korean women who lost their youth and lives due to inhuman oppression, exploitation and unbearable acts of manly insults, was countless.

Out of this, legal confirmation and complete guarantee of women’s rights had been one of the essential issues in democracy in society and democratic human rights mechanism the after liberation.

Law for Gender Equality was established by enactment of several laws and regulations on the equality between men and women.

On July 30, 1946, PPCNK promulgated decision No. 54 “Law on Gender Equality in north Korea” to abolish the remnants of Japanese Imperialist colony and reform the feudal relation between men and women and let them to participate to the social life including politics, economy and culture.

Law declared that Korean women who were forsaken from the world and lived under the ill-treatment and contempt had equal rights with men in all fields of social life including political, economic and cultural life.

First of all, law for gender equality granted equal political freedom and rights with men.

By this law, women could participate in the election of all levels and had the right to vote and to be elected.

Also it regulated women had rights on same labour like men and rights of education.

This was the popular regulation which liberated them from the colonial labour life and absence of rights of education and guaranteed the equal stands with men in the economic life and made them to be creators of science and culture and enjoyers of it.

It regulated age of marriage, rights of free marriage and divorce, rights to claim the expense of bringing up a child and rights to inherit of assets and land equal with men. It also regulated to prohibit polygyny, feudal traditional customs which infringed the human rights such as the slave trade, licensed prostitute, unlicensed prostitute and professional entertainer system.

The promulgation of the law for gender equality was the century-old declaration of women’s liberty that realize the earnest desire of Korean women who tried to abolish the old wicked customs of predominance of men over women handed down for thousands of years and look forward the equal stands and rights with men.

PPCNK adopted the decision No. 78 of PPCNK “Detailed Regulations to Enforcement of Law for Gender Equality” (September 14, 1946) for the strict enforcement of law for equality between men and women.

Decision regulated in detail every provision relevant to the rights which could be demonstrated in actual life.

By establishment of the law for equality between men and women, all kinds of colonial and middle-aged wicked evils were thoroughly abolished which violated the human rights of Korean women for a long time. Women could also exercise the equal rights with men in the socio-political life and family life and the legal guarantees were made that could respect and protect the dignity and human rights of the Koreans.

Lots of laws and regulation were enacted and enforced to guarantee the democratic freedom and rights to people in social life including science, education and public health and the domestic measures were taken in relations with the laws.

④ Legalization of Democratic Human Rights Mechanisms by virtue of the Constitution

The DPRK Constitution was adopted with the founding of the DPRK in September 1948.

The Constitution integrated the democratic freedom and rights granted and ensured to people through individual law and regulations.

Declaring the equal rights of citizens in all spheres of social life, the Constitution stipulated, first of all, the rights in the political sphere including the right to elect and to be elected, freedom of speech, press, assembly, demonstration, mass meeting, association, religion and holding of religious ceremonies as well as the right to organize and join political parties, public organizations and other institutions.

This was the legal expression of political independence of people as the fundamental freedom and rights attained in the sphere of socio-political life.

The constitution also stipulated the rights of the working people in the sphere of economic life; the right to equal pay for equal labour, the right to material assistance through social insurance system and the right to management of small- and middle-size trade and industry.

The Constitution specified the rights in the sphere of social life; the right to compulsory primary education and education in college and university at the state expense, the right to protection of marriage and family, the right to inviolability of the person, the right to submission of complaints and petitions.

The Constitution also stipulated the right of asylum and the equal rights of minority citizens.

Rights and freedom of citizens as specified in the Constitution were mere legalization of what the people living in the northern half of Korea were already enjoying, since citizens as the masters of the country and society were entitled to such rights and freedom.

Rights and freedom of citizens specified in the Constitution were the practical rights and freedom which were guaranteed politically by the state power, materially by the successes of democratic reform of economy, legally by the individual laws and regulations.

With the adoption of the Constitution, the issue of fundamental law, which is most important in the human rights mechanism, was settled satisfactorily, laying legislative foundations for the human rights laws and their further development in an integral form.

Since the adoption of the Constitution, the limitations of individual human rights laws were overcome and the human rights laws and regulations defining the social relations of the same field were systematized in integrated context according to a certain standard.

At the same time, great efforts were made to improve and perfect the human rights mechanism by adopting sectoral codes such as the Law on Establishment of Tribunals, Penal Code, Laws of Criminal Procedures, etc.

As a result, the democratic human rights mechanism was established basically in the DPRK.

The establishment of democratic human rights mechanism was the epoch-making landmark in the course of development of human rights law to guarantee the independent right of popular masses.

It also provided practical answers to the countries which achieved national independence from colonial or semi-colonial rule of imperialism and began construction of new society on how to enact and enforce the human rights laws and regulations.

(3) Democratic Human Rights Mechanisms in the Wartime

The Korean War (June 25, 1950-July 27, 1953) provoked by the US brought the Korean people untold sufferings and calamities.

The brutal air bombing and artillery shelling by the US severely destroyed factories and enterprises, and turned urban and rural areas into ruins.

In the period of strategic temporary retreat during the Korean War, the US massacred the innocent people indiscriminately, destroyed and burned down hundreds of thousands of houses, a large number of schools, hospitals, factories and enterprises, set the tax-in-kind stores and peasants’ rice stacks on fire and plundered a large amount of food and livestock.

The war deteriorated the people’ livelihood drastically and produced many war victims and orphans.

However, the people’ livelihood was relatively stable during the 3-year war period, and there was not a single case of death due to starvation or cold other than those killed by the US indiscriminate and brutal air bombing and artillery shelling.

This is the precious fruition of the people-oriented policies and efforts of the DPRK Government which paid deep attention to the people’ life, health and the stability of their livelihood, and maintained and developed the democratic human rights mechanisms even in the wartime.

① Maintaining Human Rights Mechanisms

The history of world wars spans thousands of years but it is the Korean War only, in which human rights mechanisms for the people were defended and people’ livelihood stabilized even in the severe circumstances of war.

As the wartime ordinances take strict and legal sanctions against the slightest behavior of violating the labour discipline or laying down weapons and deserting the battlefield, it has been recognized that they generally slight the protection of people’ s life and health, and the people’s livelihood in particular.

For this reason, it has become unavoidable that human rights mechanisms in peace time are either abolished or reduced to a mere name in wartime, the consequences of which were factories, hospitals, schools, houses burnt to ashes, countless refugees and orphans, deterioration of people’ lives.

Providing necessary human and material resources to the front and preventing disturbance of the rear were the only things that mattered.

However, the DPRK Government regarded the protection of people’ s lives and the stabilization of their livelihood as the most important nationwide work and an important mission of the wartime ordinances.

From such viewpoint and attitude, the DPRK Government has taken people-oriented legal measures such as the enactment and enforcement of legislation to ensure the rights of people in the circumstances of war, which other countries couldn’t imagine even in peacetime.

For example, according to such legislation as the Cabinet decisions ”Decision on the relief measures for war victims (November 20,1950) and ”Decision on the measures for stabilization of people’s livelihood in the Fatherland Liberation War”(January 25,1951), camps for war victims and orphans, old people’s homes and orphanages were set up, food and shelter provided, and all convenience offered through public catering and commercial networks.

Several legislation, such as the Cabinet decisions ”On lending working food to calamity-stricken peasants”(March 13,1952) and ”On measures to provide houses to workers and officers”(September 2,1952), provided the poor and calamity-stricken peasants with conditions for living and production and those who lost their jobs in the war with settled jobs, stabilized the lives of the workers and officers and raised their income.

Along with the measures to stabilize people’s material life, many legislation on education and culture were enacted and enforced for the stability of their cultural life.

Thanks to such legal measures for the protection of people’s life and health and the stabilization of their livelihood, no one died of hunger or was left homeless in severe war circumstances, and the children kept on studying without any interruption.

The people-oriented legal measures played an effective role in giving full play to the people’s strength and wisdom in their struggle for victory in the war.

② Evolution of Human Rights Mechanisms

Democratic human rights mechanisms of the DPRK were not at a standstill during the wartime but developed further in expectation of victory.

One good example is the free medical care system enforced in wartime .

The state’s measure to enforce universal free medical care system at its expense is the most popular public health policy.

It was not just an administrative affair but an important political work of realizing the long-cherished desire of the people and bringing earlier victory in the war.

It was by no means easy to enforce the universal free medical care system at state expense during the time of war decisive to the destiny of the country.

For the successful enforcement of free medical care system, a state should appropriate huge fund to public health and provide necessary material conditions. At that time, the DPRK was short of fund, and all medical facilities built in the post-liberation period have been completely destroyed in the war.

However, the DPRK Government was firmly determined to enforce the universal free medical care system for the protection of people’s life and health despite the heavy state burden and many obstacles arising in the war, and adopted the Cabinet Decision No. 203 on the enforcement of the universal free medical care system at state expense on November 11, 1952.

This Cabinet decision stipulated that the medical treatment and medicine at state-owned medical treatment and prevention institutions shall be provided free of charge to both in-patients and out-patients, and that Korean People’s Army medical treatment and prevention establishments shall also offer universal free medical care to ordinary people.

According to the Cabinet decision, the free medical care system was introduced for the first time in history from November 1, 1953 .

The universal free medical care system enforced in the fierce flames of Fatherland Liberation War is characteristic in that all citizens of the country were provided access to free medical care without discrimination.

The universal free medical care system enforced in the grim days of the war is the culmination and fruition of the love for the people shown by the DPRK Government which spares nothing for the protection of people’s life and health.

(4) Establishment of Socialist Human Rights Mechanisms

① Adoption of the Socialist Constitution

With the successful fulfilment of postwar rehabilitation and socialist revolution and the dynamic acceleration of socialist construction, socialist relations of production held undivided sway, and the collectivist character prevailed in all spheres of social life.

Against this background, the DPRK was faced with the task of fully legalizing the rights and freedom to be enjoyed by the people in socialist society, and of establishing the socialist human rights mechanisms.

The 1948 Constitution and the democratic human rights legislation could not correctly reflect the newly developed socialist relations as they were mere consolidation of victory and achievements gained in the struggle to eliminate remnants of the Japanese colonial rule and feudal customs and provide the people with the democratic rights and freedom.

For this reason, it was necessary to consolidate the achievements gained in the socialist construction and establish the human rights mechanisms to provide and promote the rights in reflection of the newly-developed socialist human relations in socialist society.

The adoption of the Socialist Constitution is highly significant for establishing the socialist human rights mechanisms.

It is because the Socialist Constitution, as a fundamental mother law, regulates all spheres of state and social life, and indicates the direction and sets criteria in the framing of other legislation.

All the laws in socialist law system are enacted in keeping with the requirements of the Socialist Constitution, and the Constitution and all sector-specific laws based on it build the framework of the law system.

The DPRK adopted the ”Socialist Constitution of the DPRK” in December, 1972, at the First Session of the Fifth Supreme People’s Assembly.

With regard to the fundamental rights of citizens, the Constitution elucidated the principle of collectivism on which the rights and duties of the DPRK citizens were based, and specified that the State would effectively guarantee genuine democratic rights and liberties as well as the material and cultural well-being of all its citizens, and that the rights and freedom of citizens would be amplified with the consolidation and development of the socialist system.

The Constitution stipulated the rights of citizens in the sphere of political life including the right to elect and to be elected and the freedom of speech, of the press, of assembly, demonstration, association, religious beliefs, complaints, petitions, etc.

The Constitution also stipulated the rights of citizens in the sphere of economic and cultural life including the right to work, rest, free medical care and education, and the freedom of scientific, literary and artistic pursuits, etc.

The Constitution stipulated the rights of the people in need of special protection of the state and society, social status and rights of women equal to men, protection of marriage and family, inviolability of the person and the home, privacy of correspondence, legal protection of Korean nationals abroad, the right of asylum, etc.

* The basic rights of citizens stipulated in the Socialist Constitution are explained in details in page 40.

The Socialist Constitution fully reflected the interests and demands of workers, peasants, soldiers, working intellectuals and thoroughly defended their interests, legally guaranteeing all conditions to ensure genuine freedom and rights of all citizens in every sphere of social life.

The adoption of the Socialist Constitution was not only an epoch-making event of historic significance in the revolutionary struggle and construction work of Korean People but also marked a milestone in the establishment and development of socialist human rights mechanisms.

② Establishment of Sector-specific Human Rights Mechanisms

Following the adoption of the Socialist Constitution, the DPRK was faced with the task of adopting and revising the sector-specific human rights laws and their detailed regulations in keeping with the requirements of the Constitution.

The human rights laws of the socialist society are branched into distinctive sections of laws according to their specific characteristics, and these are linked organically together to form the integral system.

Sector-specific human rights mechanisms are based on such sectoral human rights laws.

The overall adoption and revision of sectoral human rights laws on the basis of the Socialist Constitution was not only a requirement of the socialist lawmaking but also an inevitable necessity in view of the reality of the DPRK where the socialist construction embarked on a new phase of development.

At that time the Socialist Constitution, the basic law that regulated all state and social activities and laid down the fundamental rights and duties of citizens, has been adopted but many sectoral human rights laws were not passed yet, while the existing sectoral laws did not meet the developing requirements of the socialist society.

Although the adoption of the Socialist Constitution was a great historic event in the Korean revolution and in the social and political life of the Korean people, it alone could not substitute for various codes of conducts in all spheres of social life.

For this reason, the DPRK eliminated all outmoded remnants of capitalism in the human rights laws and regulations, and enacted and enforced new socialist human rights laws, thus establishing the sector-specific human rights mechanism, that is, the sectoral-specific human rights law system.

The following are the typical laws that are significant in the establishment of sectoral human rights mechanism.

─ Law on the Enforcement of the Universal 11-Year Compulsory Education System

The basic aim of educational policy of the DPRK was to develop general education, improve and strengthen the popular educational system, and train a large number of technical cadres.

In particular, the introduction of compulsory education system in the field of general education was of great significance in ensuring the working people’s right to learn.

Despite the postwar difficulties, the DPRK introduced the universal compulsory primary education system in 1956, the universal compulsory secondary education system in 1958, and based on earlier successes, passed the law on the introduction of universal 9-year compulsory technical education system in 1966.

For the enforcement of this law , a dynamic struggle was launched to strengthen the material and technical foundations of schools, build up the ranks of competent teachers , improve the contents and methods of education, increase the term of education, and establish the education system of correspondence course and evening schools.

As a result, all preparations for the enforcement of the universal 11-year compulsory education system had been made to give the new generation the highest level of general education before and after the adoption of the Socialist Constitution.

Keeping up with developing realities, the law “On the introduction of Universal 10-Year Compulsory High Education and Compulsory 1-year Preschool Education” was adopted at the Second Session of the Fifth Supreme People’s Assembly on April 9, 1973.

This law declared that the universal 11-year compulsory education system would be introduced from 1972-1973 school years.

With the adoption of the law on the introduction of universal 11-year compulsory education, all the rising generations were granted the right to learn at state expense.

This far surpassed the standard set by the international human rights instruments including the international convention on economic, social, and cultural rights which stipulated that primary education should be compulsory.

The DPRK first introduced the universal 11-year compulsory education system in September 1972 and fully enforced it from September, 1975.

The 11-year compulsory education system has now developed into the 12-year compulsory education system under the law adopted at the Sixth Session of the Twelfth Supreme People’ Assembly in September 2012.

─ Law on the Abolishment of the Taxation System.

After the liberation, DPRK regulated and enforced the single popular taxation system.

Since then, it systematically took legislative measures for the improvement of taxation system in a way of reducing tax, and took the historic measure of completely abolishing the system of agricultural tax in kind in the period of overall socialist construction

The DPRK has the unique system of socialist production. Thanks to the system, the DPRK could fully afford the necessary funds for the economic and cultural construction, improvement of people’s livelihood, and the state management with the income of socialist state-run enterprises and cooperative organizations

In this circumstance, it was not necessary to maintain any longer the taxation system, the legacy of the old society.

Therefore, the state adopted the law ”On the Complete Abolition of Taxation System” on March 21, 1974.

Under the condition that the system of agricultural tax in kind had been abolished, the overall abolition of taxation system was to let the workers and officers free from tax once and for all.

That’s why the law completely abolished the small amount of tax paid by workers and officers.

The decision of the Administration Council (now Cabinet) for the correct enforcement of law on the complete abolition of taxation system was adopted on March 30, 1974.

The law and decision on abolishing the taxation system turned DPRK into a tax-free country for the first time in history and firmly guaranteed the realization of the historic cause of completely freeing the Korean people from tax burdens.

─ Law on the Establishment of the Tribunals and Civil Procedures Law

The Law on the Establishment of Tribunals adopted in November, 1976 is a sector-specific code which regulates the duties and competences of courts and other relevant organizations participating in the judicial activities, their organization and principles of activities, working procedures and methods by correctly embodying the state’s judicial policy and the constitutional principles of judgment

The Law on the Establishment of Tribunals has become the powerful legal weapon with which to protect the people’s sovereign and socialist system, citizen’s legitimate rights, life and properties from all sorts of infringements, enables all the state organs, enterprises, social cooperative organizations to correctly abide by the state law, and to wage an active struggle against all sorts of criminals.

The newly adopted Civil Procedures Acts (enacted at the same time as the law on the establishment of tribunals) consists of fundamentals of civil proceedings, general regulations, jurisdiction, litigators, evidence, litigation, judicial preparations and hearing, judgment and decision, second trial, extraordinary appeal, retrial, and the execution of judgment and decision.

The adoption of the Civil Procedures Acts provided legal guarantee for the smooth settlement of civil cases in accordance with the socialist principles, the requirements and interests of the people.

─Law on the Nursing and Upbringing of Children & Land Law

The law on nursing and upbringing of children was adopted at the Sixth Session of the Fifth Supreme People’s Assembly on April 29, 1976, as it was necessary to legally confirm the brilliant achievements gained in DPRK to nurse and educate children, and to further strengthen and develop this work.

The law on nursing and upbringing of children was the first sector-specific code of the DPRK that regulated the main systems in the field of nursing and upbringing of children.

The law on nursing and upbringing of children is the most popular one that guarantees the equal and impartial nursing and education of children at the expense of state and society, and at the same time, the most advanced one that guarantees the scientific and cultural nursing and upbringing of children.

The land-law adopted at the Seventh Session of the Fifth Supreme People’s Assembly on April 29, 1977, not only clearly defined the land ownership but also defined such issues as its important contents; the issue of doing planned land development as required by the master-plan for land development, of launching the nationwide and countrywide movement for land conservation and protection, of actively improving the paddy and dry fields and making an effective use of them, and so on.

Land law, a legalized land program of DPR Korea, was of significance in bringing about a great change in the development, protection, and management of land and improving the people’s living environment.

ㅡ Socialist Labour Law & Public Health Law

The DPRK adopted a new socialist labour law (April 18, 1978) which legally confirmed the achievements gained in the process of implementing the democratic labour law and the government’s labour policy and contained the principles and requirements of socialist working life.

The Labour Law proclaimed after the liberation was a democratic labour law to liberate the workers from colonial and feudal exploitations and oppressions but the socialist labour law is the new one which regulated the socialist working relationship to provide the independent and creative working life to the working people emancipated from the exploitations and oppressions.

The DPRK adopted the Public Health Law at the Fourth Session of the Sixth Supreme people’s assembly on April 3, 1980, to legally confirm the proud achievements gained in the most superior socialist health system and the field of public health, and develop the work of public health to a new higher stage as required by the developing reality.

The Public Health Law comprehensively regulated all the problems related to the public health services such as the basic principle of public health, complete and universal medical care system, health protection by the prophylactic policy, Juche-oriented medical science and technology, material supply to the work of public health, health workers, the true servants of people, public health establishments, their guidance and management and so on.

The Public Health Law firmly guaranteed the complete realization of the Korean people’s desire to enjoy a long life in good health by further consolidating and developing the socialist health system and boosting up the public health services to a new higher stage.

In addition to this, DPRK launched a dynamic struggle to enact and enforce the several sector-specific laws for the guarantee of people’s freedom and rights.

As the Socialist Constitution was adopted, and on the basis of it, sector-specific human rights laws were enacted and enforced, the socialist human rights mechanisms were fully established to make a big progress in promoting and protecting people’s freedom and rights.

(5) Consolidation of the Socialist Human Rights Mechanisms

① Adherence to the Socialist Human Rights Mechanisms

The fall of Berlin wall, the symbol of Cold War between the East and West in November 1989, led to the collapse of socialism in several countries of East Europe, and eventually the dissolution of the Soviet Union.

The western countries described this event as the victory of bourgeois human rights system over socialist human rights system, and viciously undertook the anti-socialist human rights offensive as never before.

In particular, the US, wielding their human rights standard and concept of value, launched a frantic anti-socialist, anti-DPRK human rights campaign to orchestrate what was done in other countries in the DPRK that legally guarantees the independent rights of the popular masses.

The prevailing situation raised as an urgent task the issue of adhering to DPRK sovereignty and the socialist human rights mechanisms by further enhancing the functions and roles of laws to cope with the frantic anti-DPRK and anti-socialist manoeuvres of imperialists and reactionaries.

For this reason, the DPRK conducted the work of further strengthening the functions of people’s democratic dictatorship and increasing the nation’s defence capabilities in every way.

The important thing here is that the state structure has been turned into the one of attaching importance to national defence.

At the Third Session of the 9th Supreme People’s Assembly held in 1992, the Socialist Constitution was amended and supplemented for the first time to separate the national defence commission from the Central People’ Committee, and upgraded it to DPRK National Defence Commission and put it before the Central People’ Committee.

And the legal status of the National Defence Commission was stipulated to be the top military guidance organization of state power.

Since then, the supreme leadership of national defence exercised by the Central People’ Committee has been handed over to the DPRK National Defence Commission.

At the First Session of the 10th Supreme People’s Assembly held in 1998, the Socialist Constitution was again amended and supplemented to newly readjust and improve the state machinery as required by Songun era, and regulated the status of the national defence commission as the supreme military leading organization and the general national defence management organization.

Therefore, the legal status of the national defence commission has been enhanced as never before and the mechanism that legally guarantees the realization of Songun politics has been established.

After that, the Socialist Constitution was again amended to create the independent chapter ”Chairman of the DPRK National Defence Commission” in which his legal status, term of office, duty and authority have been clearly regulated, and to declare that the political guidance system of the DPRK is the state machinery of attaching importance to national defence headed by the chairman of the national defence commission.

Such constitutional regulation of the machinery of attaching importance to the national defence has remained unchanged in the constitutional amendment in April, 2012 which regulated the first chairman of the national defence commission.

The overall regulation of machinery of increasing the national defence capabilities in the Socialist Constitution has provided the firm machinery and legal guarantee which can strengthen the national defence capabilities against the US military manoeuvres to stifle DPRK and maintain and develop the human rights law system.

Along with the establishment of state machinery of attaching importance to the national defence commission through the Socialist Constitution, the DPRK conducted the work of enacting and enforcing the legislation to further strengthen the struggle against anti-socialist and anti-revolutionary crimes and to overcome the non-socialist practices.

The DPRK adopted the ”DPRK Criminal Law” as a decision No. 6 of the Standing Committee of the Supreme People’s Assembly on December 15, 1990.

New criminal law of the DPRK further strengthened the struggle against the anti-socialist crimes in keeping with the new conditions and environment of prevailing situation and class struggle.

As a result, the DPRK waged an intensive legal struggle against all sorts of hostile elements that were attempting to allure people to the world of degeneration, dissoluteness and crimes, and to overthrow the socialist system in the end.

And it further strengthened the struggle against the non-socialist practices such as illegalities and corruptions, delinquent behaviours, gambling taking place in the country, while thoroughly frustrating the ideological and cultural infiltrations and psychological smear campaign of the US to ideologically disrupt the country from within.

With these legal measures, the DPRK could foil the anti-DPRK, anti-socialist manoeuvres of the US and its followers defend and adhere to the socialist human rights mechanisms and give full play to its advantage.

② Full-fledged Mechanism of the Socialist Human Rights

The DPRK not only defended the socialist human rights mechanisms but also dynamically pushed ahead the work of improving and perfecting according to the people’s independent demands and developing reality.

The work of perfecting the socialist human rights system was mainly conducted in the way of enacting the new sectoral human rights laws or revising and supplementing some regulations.

The sectoral laws, the main contents of which were about satisfying the people’s material and cultural demands, were enacted in the way of regulating the new human rights fields and enriching the contents of existing human rights law system.

Several laws such as the Medical Care Law (December 1997) were enacted and enforced so that the people could enjoy medical treatment of preventing diseases, relieved from the worries of flood and disease, under the free medical care system, and live in a more hygienic living conditions.

Several laws on the legal protection of the rights of individuals who has contributed to the development of science and technology such as the Invention Law(May, 1998) were enacted and enforced to successfully establish the legal system of guaranteeing the intellectual property rights, one of the main contents in the international guarantee of human rights.

The Law on Work Norms (December, 2009) and the Law on the Labour Protection (July, 2010), further detailed Socialist Labour Law, were enacted and enforced as independent laws so that they could realize exact labour remuneration according to its quality and quantity, provide safer and more hygienic and cultural working conditions to the working people, and creditably protect and promote their life and health.

By adopting the law on the universal 12-year compulsory education system in November 2012 and codifying it in the Socialist Constitution and the related, all students could acquire the general basic knowledge and modern technical knowledge, and the secondary general education could be further completed.

The enactment and enforcement of several laws such as the Law on the Protection of the Elderly (April, 2007) ensured the legal and smooth settlement of the issue of guaranteeing the rights of the specific group, an important component of the human rights mechanisms.

Together with the enactment and enforcement of sectoral human rights laws, the revision and supplement of existing human rights laws was actively pushed forward.

From the mid-1990’s, many human rights laws were revised and supplemented in reflection of the changing reality and people’s growing demands for human rights under the slogan ”Serve the People”.

Many human rights laws were revised and supplemented in 1999 alone.

The human rights mechanisms of the DPRK which have been formed and developed in the 70-year-long history is a superior system that thoroughly and practically guarantees the people’s human rights in all fields of social life including politics, economy and culture.

The formation and development process of the human rights mechanisms in the DPRK have following characteristics: it has embodied the Juche character and national identity and has been formed and developed in reflection of the people’s independent desire and demands, the socialist nature has been strengthened in its composition and whole contents, and it has become more concretized in detail in keeping with the development of social life, and developed in the way of further guaranteeing its realization.

The human rights mechanisms are a great result of the efforts of the Korean people as masters, and at the same time, the precious wealth that cannot be ruined as it has deeply rooted in the life of Korean people as their destinies.

4) Human Rights Mechanisms in the DPRK

Human rights, which are guaranteed and realized in each state as a unit, call for the well-organized legal and organizational guarantee of the state.

The well-regulated legal and organizational system in the DPRK defends guarantees and promotes the human rights, the independent rights of the popular masses, on the basis of Juche idea, the genuine idea of defending human rights.

The human rights mechanisms established in DPRK consist of the Constitution and its human rights law system, the mechanism for the ensurance of human rights, and the system of human rights education at large.

(1) Ensurance of Human Rights by the Constitution

The Socialist Constitution of the DPRK widely regulates the state management principles in the fields of politics, economy, culture to defend and promote the human rights, the independent rights of the people, the basic rights and obligations to be possessed and exercised by the citizens, and the state mechanism that guarantees their realization.

The Constitution serves as the fundamental state law that gives the direction and standards in the framing of laws and regulations related to human rights.

① Adoption and Amendment Procedure of the Socialist Constitution

The first constitution of DPRK was first adopted at the First Session of the Supreme People’s Assembly on September 8, 1948, and it was the people’s democratic constitution.

The Socialist Constitution of DPRK was adopted at the First Session of the Fifth Supreme People’s Assembly on December 27, 1972.

The constitution adopted in 1972 reflected the achievements gained in the DPRK socialist revolution and construction, and formed a system (11 chapters, 149 articles) of regulations on the fundamental principles to be adhered to in the field of politics, economy, and culture, the basic rights and duties of citizens, the composition and missions of state organs in the socialist society.

The constitution adopted in 1972 was amended and supplemented to have seven chapters and 171 articles at the Third Session of the Ninth Supreme People’s Assembly on April 9, 1992, to have the preamble, seven chapters and 166 articles at the First Session of the Tenth Supreme People’s Assembly on September 5, 1998, and to have the preamble, seven chapters and 172 articles at the First Session of the Twelfth Supreme People’s Assembly on April 9, 2009.

Afterwards, it was again amended and supplemented at the Second Session of the Twelfth Supreme People’s Assembly on April 9, 2010, at the Fifth Session of the Twelfth Supreme People’s Assembly on April 13, 2012, and at the Seventh Session of the Twelfth Supreme People’s Assembly on April 1, 2013.

The existing DPRK Socialist Constitution, which was amended and supplemented several times in keeping with the requirements of changed circumstance and developing reality, consists of preamble, Chapter 1 Politics (Articles 1~18), Chapter 2 Economy (Articles 19~38),Chapter 3 Culture (Articles 39~57) Chapter4 Defence (Articles 58~61), Chapter 5 Basic rights and duties of citizens (Articles 62~86), Chapter 6 State mechanism(Articles 87~168), Chapter 7 National emblem, flag, anthem, capital(Articles 169~172).

The DPRK Socialist Constitution, as a people-oriented constitution possessed of peculiar system and content, serves as the firm legal guarantee in the work of accelerating the building of socialist thriving nation, realizing the independent and peaceful reunification of the country, developing the state relations, and defending and promoting the people’s human rights.

② Contents and Characteristics of Human Rights-related Provisions in the Socialist Constitution

* The state mechanisms regulated in the Socialist Constitution of the DPRK are on pages 53-56

─ Principles for Ensuring Human Rights

The Socialist Constitution, which regulates the state management principles in the field of politics, economy, culture and national defence from Chapter 1 to Chapter 4, basically set the principled matters including the policies, conditions, and measures for the guarantee of human rights in these chapters.

The typical examples in the field of politics are as follows.

The Sovereignty of the DPRK resides in the workers, peasants, working intellectuals and all other working people. The working people exercise power through their representative organs-the Supreme People’s Assembly and local People’s Assemblies at all levels. (Article 4)

The organs of State power at all levels, from the country People’s Assembly to the Supreme People’s Assembly, are elected on the principle of universal, equal and direct suffrage by secret ballot. (Article 6)

The social system of the DPRK is a people-centred system under which the working people are the masters of everything and everything in society serves the working people. The State shall defend and protect the interests of the workers, peasants, working intellectuals. (Article 8)

The DPRK shall champion the democratic national rights, of Koreans overseas and their rights recognized by the international law as well as their interests. (Article 15)

The DPRK shall guarantee the legal rights and interests of foreigners in its region. (Article 16)

The State shall promote unity with the world public defending independence and opposing all forms of aggression and interference. (Article 17, Paragraph 3)

The law of the DPRK reflects the wishes and interests of the working people and is a basic instrument of State administration.

Respect for the law and its strict adherence and execution is the duty of all institutions, enterprises, organizations and citizens.

The State shall perfect the system of socialist law and promote the socialist law-abiding life. (Article 18)

The completion of socialist legal system includes the one of legal system to guarantee human rights.

The typical examples in the field of economy are as follows.

The ownership of the state, social cooperative organizations and the individuals are regulated and protected. (Article 21, 22, 24)

The State shall protect private property and guarantee the right to inherit it by law. (Article 24, Paragraph 4)

The DPRK regards the steady improvement of the material and cultural standards of the people as the supreme principle of its activities.

The increasing material wealth of society in our country, where taxes have been abolished, is used entirely to promote the well-being of the working people.

The State shall provide all working people with every condition for obtaining food, clothing and housing. (Article 25)

Working people should be freed from difficult, tiresome labour and to narrow down the distinctions between physical and mental labour. (Article 27, Paragraph 2).

The State shall undertake, at its own expense, the building of production facilities for the cooperative farms and modern houses in the countryside. (Article 28, Paragraph 2)

Labour in the DPRK is the independent and creative labour of the working people, freed from exploitation and oppression. (Article 29, Paragraph 2)

The working day shall be eight hours. The length of the working day shall be reduced by the State in arduous trades and other special categories of work. (Article 30, Paragraph 1, 2)

In the DPRK, the minimum working age is 16 years (Article 31)

The national economy of the DPRK is a planned economy. The State shall draw up and implement the plans for the development of national economy in accordance with the laws of socialist economic development so that the balance of accumulation and consumption can be maintained correctly, economic construction accelerated, the people’s living standards steadily raised and the nation’s defence capability strengthened. (Article 34, Paragraph 2)

The typical examples in the field of culture are as follows.

The DPRK shall make the whole of society intellectual. (Article 40)

In building a socialist national culture, the State shall oppose the cultural infiltration of imperialism and any tendency to return to the past, protect its national cultural heritage, and develop it in keeping with the existing socialist situation. (Article 41, Paragraph 2)

The State shall develop universal compulsory 12-year education. (Article 45)

The State shall train competent technicians and experts by enhancing the regular educational system as well as different forms of study while working. (Article 46)

The State shall provide education to all pupils and students free of charge and grant allowances to students of universities and colleges. (Article 47)

The State shall maintain all children of preschool age in crèches and kindergartens at State and public expenses. (Article 49)

The State shall provide sufficient modern cultural facilities. (Article 53)

The State shall protect people’s lives and improve the working people’s health by consolidating and developing the system of universal free medical service and improving the district doctor system and the system of preventive medicine. (Article 56)

The State shall adopt measures to protect the environment in preference to production, preserve and promote the natural environment and prevent environmental pollution so as to provide the people with a hygienic environment and working conditions. (Article 57)

The mission of the armed forces of the DPRK is to safeguard the interests of the working people, to defend the socialist system and the gains of the revolution from aggression and to protect the freedom, independence and peace of the country. (Article 59)

If these constitutional regulations (typical examples were given) are put together, they provide visual evidence how concrete, realistic, and wonderful policies, conditions, and measures (some of them directly regulated the human rights) have been taken by DPRK, the people-centred socialist system.

And the situation of DPRK itself in which the genuine human rights are guaranteed proves the validity and their realization.

─ Basic Rights of Citizens Stipulated in the Constitution

The DPRK Socialist Constitution set an independent chapter and regulates the citizen’s basic rights.

It is divided into the political and civil rights, socio-economic and cultural rights, and the rights of specific group at large.

The political and civil rights are as follows:

The right to elect and be elected (Article 66)

The right to freedom of speech, of the press, of assembly, demonstration and association. (Article 67)

The freedom of religious beliefs (Article 68)

The right of complaints and petitions (Article 69)

Inviolability of personal liberty and home and privacy of correspondence (Article 79)

The right of freedom of residence and travel (Article 75)

The right to protection of marriage and family (Article 78)

The socio-economic and cultural rights are as follows:

The right to work (Article 70)

The right to rest (Article 71)

The right to free medical care and social security (Article 72)

The right to education (Article 73)

The right to freedom in scientific, literary and artistic pursuits (Article 74)

The rights of specific groups are as follows:

The people who have made contributions to the country and people have the right to special care of the state and society (Article 76)

Equal social status and rights with men (Article 77, Paragraph 1)

The right of mothers and children to get special protection. (Article 77, Paragraph 2)

The DPRK shall grant the right of asylum to foreign nationals persecuted for struggling peace and democracy, national independence and socialism or for the freedom of scientific and cultural pursuits. (Article 80)

─ Characteristics of Basic Rights Stipulated in the Constitution

Citizen’s basic rights regulated in the Socialist Constitution have its inherent characteristics that are distinguished from the other countries’ constitutions.

In the first place, it is the concrete rights that should be possessed and exercised in all fields of state and social life.

As mentioned above, the rights in the Constitution mainly included the rights that should be