Current Democracy of North Korea - Essay Example

Current Democracy of North Korea Current issues with North Korea The concept of democracy has not always been popular in the human history. Democracy is a new phenomenon that was always characterized by "disorder" and mob rule. However, from the 20th century, democracy became a universal idea that has been espoused by many governments regardless of regime type and structure. In North Korea, DPRK represents the welfare of the citizens. The DPRK recognizes and embraces a myriad of Constitutional rights, principles and privileges. Article 1, for instance, stipulates that the party is the symbol of unity. The working class represents the sovereignty of the people (Scalapino, 2003). Article 4 states that the Supreme Peoples Assembly, as well as the local peoples assembly, represents the sovereignty. Article 6, 89, and 138 guarantee all citizens direct universal suffrage through a secret ballot. Additionally, representatives should be closer to constituents or else they face a vote of no confidence (Article 7). Article 8 protects and respects the rights of the Korean people; North Korea guarantees legitimate interests and rights to all foreigners as long as they are within the territory of DPRK (Article 16). What is more, all enterprises, institutions, citizens, and organizations are expected to endorse the laws that enshrine those rights (Scalapino, 2003). The DPRK is such that it guarantees freedoms and democratic rights of all citizens in all aspects of social and state life. The freedoms and rights comprise universal suffrage well as the right to participate in national elections or appointments as long as such individuals have attained the age of 17. The North Korean democracy entails the freedom of the press, of speech, demonstration, assembly, association, religion, and the right to file petition and appeal (Yoon, 2003). Article 74 of DPRK grants freedom to participate in literary, scientific, and artistic activities. Article 75 provides for the freedom of travel and residence. Women have equal status and rights just as men. The citizens have the tight to their privacy both in personal correspondence and at home. Additionally, the Korean people are secluded from illegal searches. The North Korean government believes that democracy implies addressing issues of social welfare. For instance, the citizens have a right to free healthcare, right to rest, right to state support for individuals who cannot take care of themselves. Their democracy also entails the right to education. Besides, maternity leave is extended to all mothers and children (Scalapino, 2003). Unfortunately, the DPRK Constitution also contravenes democratic ideas in a number of ways. It stipulates, for instance, that "military first and chuch’e [主體]" are its guiding principles. The North Korean State is managed and organized in line with democratic centralism (Article 5). As such, the DPRK carries out all its activities under the Korean Workers Partys leadership. As such, the state strives to fortify the dictatorship of the democracy of the people. The Csonstitution requires the state to carry out vigorous mass movements and Cultural Revolution to trail all people as the perpetrators of socialism. Article 42, for instance, states that the state “shall abolish the old-fashioned society’s means of life and institute a new socialist-style of life in full measure in all fields”. The term "abolishing outdated society" has a liberation connotation that implies the collapse of the 19th Century Chinese world order. It can also mean colonialism during the 20th century (Yoon, 2003). Nonetheless, a part of Article 42 validates the DPRKs total eradication of civil society as well as the construction of the mass movements to get rid of freedoms and individualism that the constitution usually protects. The incorporation of artists and creative writers to generate works of great artistic and ideological value as well as enlist a wide range of masses in artistic and literary activities ensure that creative expression is only accepted within conduits sanctioned by KWP and the state. Art and literature should be revolutionary, church-oriented, nationalistic and socialist in content. Responsibilities and rights are based the socialist principal and not on the rule of law (Yoon, 2003). Collective compliance with state principle is integrated into the military, which has the authority to conduct military-first revolutionary line to protect the core of the revolution. According to the constitution, the state should realign the entire army, modernize it, arm everyone, and transform the country into a fortress, by arming the people and the people ideologically and politically. Private property rights and rigorously restricted. In fact, Article 21 states that there will be no limit to property that the state can own, and that all the countrys natural resources, air transportation, railways, postal organs and telecommunications, as well as enterprises, factories, banks, and ports shall be solely owned by the state (Yoon, 2003). The progress of North Koreas Democracy State regulation and control of resources are core instruments for social control and well as regime sustainability. The ruling elite have the mandate to reward loyalists and reprimand disloyal citizens and traitors by distributing or withholding resources. The state control usually eliminates the demand for markets, which can have major political and economic effects. As such, the North Korean government is very insecure concerning the market since the reforms were meant to control the economy. The current market activities witnessed in liberal activities have literally been illegalized in North Korea. In fact, the country relies on prosecutors, legal statutes, and courts to run the society and effect centralized control (Scalapino, 2003). According to Article 162 of the DPRK Constitution, some of the duties of the court include: Protecting the DPRKs sovereignty, socialist system, state property, and cooperative organizations, peoples property and constitutional rights through legal activities Ensuring that all enterprise, organs, citizens, and organizations accurately observe state laws and actively struggle against law offenders and class enemies Although the DPRK has frequently adopted a number of international legal procedures and standards such as nullum crimen and habeas corpus, no outstanding process applies to political crimes (Scalapino, 2003). There have been reports of detention, imprisonment, prosecution, and extreme violence. Citizens who cannot live according to the expectations of the state live under great fear, both for themselves as well as for their families. Apparently, this deterrent effect has been effective. However, extending the discretion to the security organs creates unusual rent-seeking prospects. Although there have been major gains in democracy, at least as compared to "outdated systems," corruption is still prevalent in North Korea (Suh, 2008). As such, the economy has stagnated. Widespread corruption- practically created by security apparatus and legal code- could undercut the integrity and the credibility of the security institutions charged with the responsibility of preserving and protecting the state. Through the leadership of the KWP, the DPRK and the Korean people are required to revere the Great Leader Comrade Kim II Sung as the supreme president North Korea. As such, the people are expected to complete the revolutionary cause by defending the leaders ideas as well as espousing his achievements. The DPRK endorses hereditary succession. The current king, Kim Jŏng-il is the DPRKs supreme leader. As such, he has the mandate to issue orders that magnify the supreme law that is immune from legal review or challenge from the citizens or nay other institutions (Suh, 2008). Based on these powers vested in the king, various schools of thoughts concur that North Korea is yet to achieve full democracy that will let the desires and dreams of the people come first; one that will promote a fair and free market that as opposed to that hurts undermines the spirit of competition. A modern democracy has to embrace free and fair elections, protect human rights and social freedoms, freedom of religion, an independent judiciary and separation of powers. The DPRK has failed in every category for an operating democracy. It has probably edged closer to the totalitarian ideal form of government. This makes the party not to be as democratic as it ought to be. What is true, though, is that the party has stood the test of time, perhaps longer peers. Totalitarian leaders and dictators often face challenges and threats (Suh, 2008). The rent-seeking opportunities are particularly far-reaching in personalistic systems. Nonetheless, even the utmost dictators sometimes become victims of such systems because of the resources and the attention that they must expand so that they remain in charge. Terror then becomes commonplace in regimes that are not democratic. Such cases have been witnessed in North Korea. The high-handedness practiced in such regimes and the repercussions of losing power, which sometimes results in casualties, or exile, lead leads to a tradition of violently dealing with political differences. For instance, it would be recommended that the DPRK conducts checks and balances, and perhaps limit the power of the military to as to avoid personality systems of government. The recipes of militarized regimes include dictatorship and need to use the military to settle even disputes that are international in scale. The national division and rent-seeking economy that hinders the modernization of traditional military forces aggravate the North Korean case (Grinker, 2008). The outcomes of such include continuing commitment to develop weapons of mass destruction as well as related delivery systems. In conclusion, having looked at the current issues facing North Korea as well as their democratic systems, the current DPRK seems to be headed for failure. This notwithstanding, the regime could last for a considerable length of time. International intervention would include forceful enforcement of democracy although this move would require a costly war that would be politically untenable. Perhaps containment and deterrence would be the major policy instruments for improving democracy in North Korea (Grinker, 2008). The change the North Korean people need to be generated from within as well as from the government. References Grinker, R. R. (2008). Korea and its futures: Unification and the unfinished war. Palgrave Macmillan. Kim, S. (2006). Civil society in South Korea: From grand democracy movements to petty interest. Journal of Northeast Asian Studies, 15(2), 81-97. Scalapino, R. A. (Ed.). (2003). North Korea Today (No. 135). Praeger. Suh, D. S. (2008). Kim Il Sung: The North Korean Leader. Columbia University Press. Yoon, D. K. (2003). Constitution of North Korea: Its Changes and Implications, The. Fordham Intl LJ, 27, 1289. Read More