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KNCCK and civil society statement on Anti-Leaflet law [Dec 2020]

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< South Korean Civil Society Joint Statement on Law Prohibiting Launching Leaflets over the Inter-Korean Border >


On December 14th, a law prohibiting the launching of leaflets over the inter-Korean border was passed during a plenary session of the South Korean National Assembly. The bill was passed on the grounds that hostile actions such as scattering fliers into North Korean territory and broadcasting propaganda around the border violate inter-Korean agreements that have been made between South and North Korean leaders. ‘The Anti-leaflet Law’, which includes penal measures against those convicted of violating the law, is a new amendment to the <Development of Inter-Korean Relations Act>.

The law comes two years and eight months after the leaders of South and North Korea promised to “cease all hostile acts against each other in every domain including land, sea and air that are the root cause of military tension and conflicts … including the loud-speaker broadcasting and scattering of leaflets in the areas along the Military Demarcation Line.”[1] It is regrettable that it has taken so long for parliament to act on the agreement. Nevertheless, it is better late than never that they have acted.

Over the past ten years the 1.12 million South Koreans living in the borderlands have been forced to hold their breath each and every time a defector led group has sent flyers over the Demilitarized Zone (DMZ). Fearing for their safety when leaflets are launched it has been difficult for these people, consisting of mostly farming communities, to go about their normal everyday lives. In October 2014 a community center in Jung-Myeon, Yeoncheon-gun in the South was left scarred by bullets after North Korean anti-aircraft guns fired at a leaflet balloon launch. It is a well-established fact for Koreans that tension and clashes around the border damage inter-Korea relations and ultimately threatens the fragile peace that holds on the peninsula. This is why the two leaders specifically included the cessation of such activities around the border when they signed the <Panmunjom Declaration for Peace, Prosperity and Unification of the Korean Peninsula>.

Despite this agreement, some defector led groups exploited gaps in legislation and continued engaging in hostile activities around the border. They thereby consistently jeopardized the security of the seventy-five million people living on the Korean Peninsula. Last June we witnessed this crisis culminate in North Korea’s destruction of the ‘North-South Joint Liaison Office’. Faced with this crisis, the residents living in the borderlands decided to act. 77% of the residents living in Gyeonggi Province showed support for the governor’s anti-leaflet administrative order, and some 4,900 organizations in civil society came forward with statements calling for an end to hostile activities around the border. All South Korean provincial governments bordering the DMZ, including Gyeonggi and Gangwon Provinces and Incheon Metropolitan City, urged lawmakers to make the ‘Anti-leaflet Law’ a top legislative priority for the 21st National Assembly. It was under these circumstances that the lawmakers came to acknowledge that “a new amendment is needed to protect the life and safety of the people, promote peace by upholding and enforcing the words of the agreement made between North and South Korean leaders, ultimately fulfil our constitutional duty to try to achieve peaceful reunification.”

Some defector led groups are pushing back against the new amendment, claiming it undermines ‘freedom of expression’. This is despite the fact that back in 2016, the Supreme Court of South Korea ruled in favor of government measures curbing hostile activities around the border. Political institutions in the U.S. that have been financing and endorsing hostile activities around the border have taken it upon themselves to criticize the South Korean governments’ legislation, an outright interference in South Korea’s domestic affairs. Tomas Ojea Quintana, the United Nations Special Rapporteur for Human Rights in North Korea, has emboldened these groups in calling for the protection of their ‘freedom of expression.’

We stand together in denouncing these claims. Those who make these claims not only have zero regard for the lives and safety of those residents living in the borderlands, some of them also carry ulterior motives and are undermining the peace and security of the Korean Peninsula.

Launching leaflets over the North Korean border is a hostile activity that serves only to escalate tensions and has no bearing on human rights and freedom of expression. Some of these defector led groups have faced criticism in that they make a financial profit from these activities. These groups should not be allowed to undermine our efforts to construct a community of peace and reconciliation on the Korean Peninsula. They must cease their efforts to nullify the new law, and stop engaging in hostile activities altogether. Certain politicians and groups in the U.S. should reflect on and cease their misguided interferences that threaten our vision of peace and inter-Korean reconciliation. Special Rapporteur Quintana, should desist from statements where the language of ‘human rights’ is used to support activities that undermine the peace and security of the Korean Peninsula.

Our government must take all necessary actions to ensure the safety and wellbeing of the 1.12 million residents living in the South Korean borderlands by preventing any and all attempts by defector led groups to engage in hostile actions around the border for the three month period before the law comes into effect. As a ‘Safety Law for Borderland Residents,’ we hope that the law can assuage residents’ insecurity and help forge a new path for the improvement of inter-Korea relations out of the current stalemate.

December 18th, 2020



  • The Southern Committee on 6.15 Joint Declaration

  • Korean Council for Reconciliation and Cooperation

  • Korea NGO Council for Cooperation with North Korea

  • The Corporate Association of Gaeseong Industrial Complex

  • Kumgang Enterprise Association

  • Association of Inter-Korean Economic Cooperation

  • Movement for One Korea

  • Independence Movement Veterans Families’ Association

  • Korean Peasants League

  • Korean Confederation of Trade Unions

  • Women Making Peace

  • Federation of Korean Trade Unions

  • YMCA Korea

  • YWCA Korea

  • Korea Alliance for Progressive Movement

  • Heung Sa Dahn (Young Korean Academy)

 

 

 

Guide to Signatories

 ‘The Southern Committee on 6.15 Joint Declaration (6.15공동선언실천 남측위원회)’ Committee headed by distinguished figures from civil, religious, and academic sectors. Organizes joint actions designed to promote peace and reconciliation between two Koreas

‘Korean Council for Reconciliation and Cooperation (민족화해협력범국민협의회)’ A permanent consultative body created in 1998 in an attempt to 'promote cooperation and strengthen ties between persons and organizations in North- and South Korea. Consists of around 200 NGOs, political parties, and religious groups.

‘Korea NGO Council for Cooperation with North Korea (대북협력민간단체협의회)’ Council of 55 South Korean NGOs whose purpose is to deliver humanitarian assistance and facilitate economic development projects in North Korea

‘The Corporate Association of Gaeseong Industrial Complex (개성공단기업비상대책위원회)’ Associated founded to facilitate cooperation and joint actions by companies whose manufacturing plants were established inside the Gaeseong Industrial Complex

‘Mt. Kumgang Enterprise Association (금강산기업협회)’ Represents 49 South Korean companies that have invested in tourism ventures in the Mt. Kumgang area

‘Inter-Korean Economic Cooperation Association’ (남북경제협력협회) Association of companies with interests in inter-Korean cooperation

‘Movement for One Korea (겨레하나)’ An organization created in 2004 that is working to promote peace and reconciliation between North- and South Korea with around 8,000 members

‘Independence Movement Veterans Families’ Association (독립유공자유족회)’ Association founded in 1964 to honor the heroism of those who resisted Japanese occupation and represent the voices of their descendants.

‘Korean Peasants League (전국농민회총연맹)’ A council of farmers’ groups created in 1990. There is a union representing each province and in 100 cities/counties around South Korea

‘Korean Confederation of Trade Unions (전국민주노동조합총연맹),’ One of two nation-wide trade union associations in South Korea. Due-paying members exceed 1.31 million people

‘Women Making Peace (평화를만드는여성회)’ Created in 1996 the organization works to promote women’s rights, peaceful reunification of the Korean Peninsula, and women’s solidarity movements across the globe.

‘Federation of Korean Trade Unions (한국노동조합총연맹)’ One of two nation-wide trade union associations in South Korea. Due-paying members exceed 1 million people

‘YMCA Korea (한국YMCA전국연맹)’ First founded in Korea in 1903 and has 67 branches across the country

‘YWCA Korea (한국YWCA연합회)’ First created in Korea in 1922 and has 53 branches across the country

‘Korea Alliance for Progressive Movement (한국진보연대)’ An alliance of 25 NGOs and 10 Metropolitan City Organizing Committees formed with the goal of obtaining citizens’ rights, improving democracy, opposing war and achieving independent unification

‘Heung Sa Dahn (흥사단)’ Founded in 1913 by An Chang-Ho, one of the leading Korean independence movement figures. It consists of 125 academies around South Korea and has around 3,200 members

 

 

[1] <Panmunjom Declaration for Peace, Prosperity and Unification of the Korean Peninsula> (2018)