Regarding the reality of Right to Information in N Korea

Muhammad Muzahidul Islam :

Article 19 of UDHR provides that ‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers’.
It is important to note that North Korea is a party to the ICCPR and article 19 of this instrument provides that ‘Article 19 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals’.
It is pertinent to mention here the relevant portion from the declaration of the SDGs; 16.10 ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements. North Korea is supposed to be honest and sincere to the observance of the commitments that come from the declaration of the SDGs.
According to the 2023 World Press Freedom Index- North Korea ranked 180th position out of 180 countries. And according to this report “The Democratic People’s Republic of Korea (DPRK), one of the worlds’ most authoritarian regimes, tightly controls information and strictly prohibits independent journalism”. With regard to the media landscape this report stated that “The Korean Central News Agency (KCNA), the government’s official mouthpiece, is the only permitted news source for North Korea’s media. The regime tightly controls the production and distribution of information and strictly prohibits independent journalism. A few foreign press agencies such as Agence-France Presse (AFP) and Kyodo News are officially present in the country but operate under close surveillance, which impairs their reporting ability”.
In relation to the political context the report mentioned that “Kim Jong-un, son and grandson of late dictators Kim Jong-il and Kim Il-sung, is the supreme leader of a totalitarian regime that bases its power on surveillance, repression, censorship and propaganda. He personally ensures that the media only imparts content that praises the party, the military, and himself”.
It is true that article 67 of North Korean constitution enshrines freedom of the press. However, the regime has the little respect to this legal provision. With regard to Socio cultural context this report mentioned that “The regime has allowed a widespread adoption of mobile phones, including smartphones, but has developed technical measures which allow it to completely control communications within the country’s intranet. North Koreans can still be sent to a concentration camp for looking at an online media outlet based outside the country”.
I would like to share with you about the information on ‘safety’. The report also stated that “As a result of the regime’s desire for complete isolation from the world, journalists have been arrested, deported, sent to forced-labour camps, and killed for deviating from the party’s narrative. In 2017, the government even sentenced South Korean journalists to death in absentia for only commenting on the country’s economic and social situation”.
In an article (Outside Information: One of the Keys to Empowering North Korean Citizens as Agents of Change, by Lynn Lee, published by 38 North) the author concluded that “Despite the severe punishments and the regime’s effort to control access to outside information, North Korean citizens are willing to take these risks, are hungry for more information and want to be connected to the outside world. The demand for increased and diverse content is only growing. North Korean citizens whose mindsets have been changed by outside information may play an essential role in building a democratic future for themselves and others. The international community must prioritize access to information and ensure these increasingly informed citizens play a critical role in formulating North Korea policy”.
Because of the legislative and administrative measures of the regime in North Korea, people are not only prevented from consuming any foreign media but also are punished for doing so. The regime has little respect to the commitments that come from the SDGs. And the regime has little attention to the legal obligations that come from the International human rights instruments.

(The writer is Barrister-at-Law and advocate at the Supreme Court of Bangladesh)