The Chance for Change?
North Korea, or the Democratic People’s Republic of Korea (DPRK), is a country surrounded by mystery. With its tightly-controlled borders, severe censorship and decades of economic sanctions from the international community, it remains largely an enigma to the outside world.
But while North Korea’s leaders remain non-compliant on many of their international obligations and the human rights abuses they impose on the citizenry, one thing that is not in question is their commitment to the principle of ‘guaranteed sovereignty.’
The DPRK has long proclaimed that its constitution was specifically designed to protect and preserve the national independence and self-determination of its people and give them the right to enjoy their own culture and way of life. But what is the basis upon which this right is protected? Does North Koreahave a written constitution?
The Already Structured Framework
In short, yes. It is true that the DPRK does have a written constitution. But unlike most countries, North Korea’s constitution is neither a ‘living’ document or a supreme law of the land.
Since 1972, the North Korean constitution consists of a single document, known as the ‘Ten Principles for Establishing a Monolithic Ideological System’. This document serves as the governing document for the state, with its basic framework providing a clear outline for the general direction of government, law and order.
The Ten Principles cover a wide range of topics, from the basic rights of citizens to the role of the state in social and economic matters. The document also outlines the country’s commitment to ‘the Socialist system of government and socialism-oriented economy’, although it remains to be seen how the North Korean government will balance these commitments with its historical adherence to a strictly centrally planned economy.
The Circumstantial Success of the North
Despite the absence of a true legal system in North Korea, its constitution appears to have been a success. The country has survived sanctions and boycotts, famine and internal strife. It has achieved some remarkable economic growth, and despite its current challenges, the country enjoys a higher standard of living than many of its neighbors.
It is also possible to argue that the lack of an entrenched constitution has allowed for a more flexible approach to economic change, even if the results have been mixed. North Korea has opened up some of its sectors to outside investment, introducing new economic policies such as the Special Economic Zone, which offers greater freedom to entrepreneurs.
These developments, although limited in scope and largely managed from above, suggest a greater movement towards reform and an increased willingness to accept changes from abroad.
The Role of Rule of Law
The North Korean constitution has remained largely unchanged since its inception in 1972, with few amendments to its core principles. This has led to criticism from some quarters that the document is outdated and fails to provide the necessary legal protections that other democratic systems enjoy.
Despite this criticism, North Korea is not without its legal structures. The country maintains a penal code, as well as a range of social, economic and political laws. The government also utilizes ‘decree laws’, which are legal instruments issued by the Supreme People’s Assembly that provide guidance on a range of topics.
The Integration of Human Rights
Human rights remain a major problem in North Korea, but even here the constitution may play a part in bringing about positive change. Article 13 of the Ten Principles states that ‘all citizens shall enjoy all their human rights and freedoms’, and although the country’s record on human rights remains dismal, there have been some tentative steps towards greater respect for fundamental rights.
One of the most important is the recent adoption of a new labor code, which enshrines certain protections for workers and introduces new labor regulations that may go some way towards improving conditions for the country’s workforce.
It remains to be seen whether the new labor code will be enforced in practice and whether it can be a part of a broader shift in the North Korean approach to human rights.
The Impediments of International Reputation
The North Korean government is unlikely to publicize its constitution or permit it to be tested through a rigorous, independent evaluation process. Its lack of commitment to international law and its frequent violations of basic rights mean that the DPRK remains a pariah state.
Although there have been some promising signs of change in recent years, the country’s isolation from the global community and its history of human rights abuses mean that it is likely to remain an international outlier for some time to come.
The Economic Guarantee
The North Korean economy has suffered under international sanctions and restrictions on trade, but in recent years it has taken steps to open up more of its markets to outside investment. This has included the establishment of a number of Special Economic Zones, which promise a more attractive environment for foreign investors.
The government has also taken steps to modernize its economy, introducing new laws and regulations to encourage greater competition and opening up some of its key sectors to foreign direct investment.
The hope is that these measures can help the country reduce its dependence on foreign aid and attract investment from abroad, as well as helping to create jobs and promote economic growth.
The Substantial Role of China and South Korea
The role of China and South Korea in supporting the North Korean economy has grown in recent years. China has long been one of the country’s most important trade partners and has provided economic assistance to Pyongyang in the form of food and fuel.
South Korea has also been an important source of investment for North Korea, with its business conglomerates taking part in a number of joint projects.
Both countries have opportunistically recognized the potential of North Korea in the past, but both are also wary of the potential political consequences of a closer economic relationship.
The Disbelief in North Korea’s Constitution
Critics of North Korea argue that its constitution is a sham and a tool used by the government to repress its citizens and maintain its absolute power.
They point to the regime’s frequent disregard for the rule of law, its lack of an independent judiciary and its refusal to accept international standards of human rights as evidence of its disregard for the Ten Principles.
In response, the government maintains that its constitution is an important document, which enshrines the rights and freedoms of its citizens and clarifies the role of its government in the economic and political life of the country.
The Formidable Leadership of Kim Jong-un
The prospect of fundamental, political change in North Korea is difficult to imagine without meaningful reform, but this remains a distant prospect while Kim Jong-un remains in power.
Despite the introduction of more liberal economic policies, Kim’s government is unlikely to loosen its grip on the reins of power and is unlikely to allow for the introduction of a true democratic system, free from state interference.
Although a new constitution could theoretically serve as a basis for reform, the chances of this happening under Kim Jong-un are slim.
The Heightened Role of Technology
The use of digital technology has been rising in the last few years, but the success of these projects and the extent to which they bridge the gap between the DPRK and the rest of the world remain to be seen.
The government has launched a number of initiatives to promote the use of digital technology in the economy, such as the Digital Economy Vision and the Pyongyang IT Park. But much of the work being undertaken remains shrouded in secrecy and its effective use is yet to be seen.
Some experts point to the potential of digital technology to enable market liberalization and direct engagement with the rest of the world, while others suggest that the government will continue to use it to monitor and control the activities of the population.
The Country of Conflict
The North Korean constitution is largely seen as a formality by outsiders, but its continued existence speaks to the importance of North Korea’s ‘sovereignty guarantee’.
The country remains locked in a state of conflict with the international community, with its human rights record being widely condemned and its economic development being clamped down on by sanctions and restrictions.
In the absence of meaningful reform, the Democratic People’s Republic of Korea remains a formidable force in the geopolitical landscape. Whether it is capable of navigating a course towards a more liberal future remains to be seen.
The Alliance With the United States
The relationship between North Korea and the United States is complex and tense. It remains unclear whether the current administration in Washington is willing to engage with the North in any meaningful way, despite the occasional diplomatic overtures.
Some analysts argue that the North is unlikely to back down on its nuclear ambitions without meaningful US concessions, while others caution against offering too much too soon in the hope of securing a breakthrough.
In the meantime, Washington and Pyongyang remain in a stalemate, with both sides seemingly unable to find a way out of the impasse.
The Creation of a Transport Network
The North Korean transport sector is currently limited, with its railway network in particular being in poor condition. Since 2018, the government has been undertaking a major overhaul of its railway system, with the aim of modernising the network and making it more efficient.
These efforts could potentially help to foster greater economic integration with its neighbors, particularly China, and provide the necessary infrastructure for the expansion of trade.
But the project is expensive, and with few sources of external financing available, it remains to be seen whether the government can muster the necessary funding to carry out the necessary works.
The Role of Sanctions in the North
The international sanctions that North Korea has been subjected to since 2006 has had a profound effect on its economic development, causing lasting damage to its already faltering economy.
The sanctions regime has blunted the ability of North Korean businesses to import essential goods, sent money abroad and access desperately needed capital for investment. And the country has long argued that this has had a disastrous effect on its people, with food shortages and unemployment being widespread.
At present, it is unclear whether or when the sanctions regime might be lifted or eased, but it is clear that until this happens, the North Korean economy will remain crippled and its citizens will bear the brunt of this.
