North Korean Human Rights Act

Floor Speech

NORTH KOREAN HUMAN RIGHTS ACT -- (Senate - September 22, 2008)

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Mr. BIDEN. Mr. President, I am pleased that the Senate is considering H.R. 5834, a bill to reauthorize the North Korea Human Rights Act. The act underscores U.S. concern about the poor human rights conditions inside North Korea and the difficulties faced by thousands of North Koreans who have fled the country and become refugees. I support this bill because I believe our Government's approach to North Korean human rights and refugee issues must be seamlessly integrated into a coherent strategy that promotes regional peace and stability, advances core U.S. national security interests by verifiably eliminating North Korea's pursuit of nuclear weapons, and step by step encourages North Korea to adhere to international norms in the areas of human rights, security, and trade.

It is essential that the United States reach out and begin a dialogue with North Korea on issues related to basic human rights. Four years ago, I was proud to work with my colleague, Senator Brownback of Kansas, on an amendment to the North Korean Human Rights Act that created within the Department of State a Special Envoy for Human Rights in North Korea. In reauthorizing the act, the Congress expresses its intent that the envoy should be a full-time employee, and Congress elevates the post to the rank of ambassador, subject to the advice and consent of the Senate. The incumbent special envoy has pursued his duties part-time while residing outside of Washington, making coordination with the Department more difficult and limiting the overall effectiveness of his diplomatic efforts. By expressing the sense of the Congress that the new ambassador should be a full-time position, the Congress does not preclude the possibility that the President may find it desirable to nominate as ambassador an individual who already has other duties closely related to those to be pursued by the Ambassador for North Korean Human Rights Issues. Indeed, such dual assignments are not uncommon within the State Department.

The bill acknowledges that the new Ambassador for North Korean Human Rights Issues should be able to participate in policy planning and implementation with respect to refugee issues, particularly given the fact that returning refugees are among those most likely to be persecuted by North Korean authorities. But it is my expectation that the State Department's Bureau of Population, Refugees, and Migration (PRM) will continue to play the leading role on North Korean refugee issues, engaging with China and other nations to ensure humane treatment in accordance with international norms. PRM has the staffing, expertise, congressional authorization, and experience needed to spearhead U.S. efforts in this area, and they should continue to do so.

The new Ambassador for North Korean Human Rights Issues will have to approach the job with quiet determination and considerable patience. Discussing human rights issues with North Korean authorities will not be easy, and the new ambassador will need to have both excellent diplomatic skills and a deep understanding of East Asia and the particular circumstances on the Korean Peninsula. Change will not come easily, and is more likely to flow from dialogue and engagement than from bombast and condemnation.

There are many issues on the table, ranging from family reunification visits for the thousands of Korean-Americans with relatives in the north, to ending the persecution of people of faith inside North Korea. Other humanitarian issues may also enter the mix, including food security and public health. It is my hope that the new ambassador will work with our treaty ally, South Korea, and with other countries neighboring North Korea to craft an approach to human rights issues that can, step by step, see an improvement in the lives of average North Koreans and compassionate care for those who have fled the country. In this effort, the ambassador may find it useful to draw appropriate lessons from the Helsinki process in Europe, but ultimately the approach will have to be one that is specifically tailored to the North Korean situation.

As Congress passes this legislation, we must not lose sight of the fact that members of the Bush administration are toiling to convince North Korea to resume the disablement of its nuclear facilities and to agree to a verification mechanism for its nuclear declaration. These efforts are of vital importance. It is regrettable that progress has been derailed over a dispute about sanctions relief and the verification protocol. North Korea should understand that if Pyongyang honors its commitments, we stand ready to honor ours. On the basis of action-for-action, I hope the United States and North Korea, along with other members of the Six Party Talks, will work to accomplish the denuclearization of the Korean Peninsula and the full integration of North Korea into the community of nations. In exchange for the complete and verifiable elimination of its nuclear weapons programs, North Korea stands to receive energy assistance, sanctions relief, and security assurances from the United States and other members of the Six Party Talks. I look forward to the day when North Korea is truly at peace with its neighbors and enjoys normal relations with the United States. It is a future that is within North Korea's grasp if it abandons its pursuit of nuclear weapons.

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