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Seoul's decision not to join initiative against arbitrary detention raises eyebrows in international community
By Kang Seung-woo
The government's decision not to participate in a new international initiative denouncing the arbitrary detention of foreign nationals for political purposes ― the latest in its repeated acts of negligence over human rights violations ― could make a bad impression on the United States and the international community, raising concerns among them over the country's "illiberal" behavior, according to diplomatic experts.
The Canadian-drafted Declaration Against the Use of Arbitrary Detention in State-to-State Relations was announced, Feb. 15, and 58 countries, including the U.S., Japan, Australia and almost all members of the European Union, have joined the non-binding declaration. It mainly takes aim at countries like China, Iran, Russia and North Korea that have been often accused of illegally and immorally detaining foreign nationals for diplomatic gain.
The Moon Jae-in administration has been in hot water over its ignoring of North Korean human rights abuses in order not to "provoke" Pyongyang and "promote" inter-Korean reconciliation. This was highlighted by its decision not to co-sponsor a United Nations resolution condemning the human rights situation in the North for the second straight year in 2020 despite Moon's past career as a human rights lawyer ― a situation that may sound paradoxical to the international community.
In addition, the government's decision seems incomprehensible as six South Korean nationals have remained detained by the North Korean regime for years, and until recently, five South Koreans had been held by Iran over its assets that had been frozen here before Teheran released four of them earlier this month ― with one still in custody.
In response to growing questions over the decision, the foreign ministry said last week it was "having an understanding of the issue" and planned to keep an eye on the international community's discussions on the initiative.
"The irony of a progressive government taking a stand against efforts to strengthen international human rights may get noticed around the democratic world," Robert Manning, a senior fellow at the Atlantic Council, told The Korea Times.
Manning said Seoul's decision appeared part of consistent pattern of the Moon administration of avoiding policies ― like the ban on sending information on democracy into North Korea ― that might offend North Korean leader Kim Jong-un in the mistaken belief that it will somehow lead Pyongyang to respond to Seoul's many overtures to reduce tensions and advance North-South reconciliation.
At the end of last year, the National Assembly, dominated by the liberal ruling Democratic Party of Korea, passed a bill preventing mainly North Korean defectors and activists here from flying propaganda leaflets critical of the Kim Jong-un regime over the border into North Korea, drawing a backlash from the international community, including U.S. congressmen who claimed it criminalized humanitarian outreach to the North.
"That said, some are concerned of a growing trend in international affairs of a democracy-authoritarian divide that may heighten tensions and confrontation creating turbulence in the international order. But as a moral issue, adhering to the rule of law is a fundamental basis of human rights," Manning added.
Harry Kazianis, a senior director of Korean Studies at the Center for the National Interest, said the South Korean government needs to maintain a balance in drawing up policies linked to its northern neighbor.
"South Korea will forever be in a tough balancing act in trying to ensure human rights are infused into government policy, but at the same time, ensure those policies don't antagonize nations that have very different ideas on human rights," he told The Korea Times.
"And that means for the foreseeable future, Seoul will have to try and strike a challenging balance when it crafts those policies, especially in the case of North Korea."
The new U.S. administration is emphasizing human rights and democratic principles in its foreign policy, raising speculation that South Korea's decision may cause some strains in the alliance between Seoul and Washington ― although it is not likely to pose a great challenge to bilateral ties, according to the observers.
"The Joe Biden administration I doubt has any concerns when it comes to this move by the Moon government as Team Biden is consumed with coronavirus mitigation and economic rebuilding. The Moon government can rest easy knowing there will be no angry phone calls coming from Washington anytime soon," Kazianis said.
Manning also did not see it as an issue causing major tension in bilateral relations due to the growing security challenges in Northeast Asia and the imperatives of the alliance in the face of North Korea's growing nuclear and missile capabilities.
"However, there is concern in Congress and in the U.S. foreign policy community about illiberal trends in South Korea that may impact images and enthusiasm for the ROK," he added. The ROK refers to the Republic of Korea, South Korea's official name.
