May 28, 2019

Watch Report No.9

Watch Report No.9      Apr. 23, 2019

§
Japanese Foreign Policy: Maintaining Strong Sanctions and Building Confidence are Contradictory

[Note: Watch Report 9 was issued on April 23 prior to DPRK missile tests on May 9, which will be discussed in subsequent Reports. However, the tests do not change the tension between sanctions and confidence building that influences denuclearization talks.]

Chairman Kim Jong-Un’s policy speech
On April 12, Chairman of the Workers’ Party of Korea, Kim Jong-Un, made policy speech at the First Session of the 14th Supreme People’s Assembly of the Democratic People’s Republic of Korea. [1] In his speech, Chairman Kim stated his policy which focuses on “concentrating all national resources on economic construction,” and in stating his policy, he conveyed important messages on inter-Korean relations and US-DPRK relations as well.

Regarding inter-Korean relations, Chairman Kim stated that, “the entire nation ardently hopes that the historic Panmunjom Declaration and the September Pyongyang Joint Declaration will thoroughly be implemented so that the peaceful atmosphere on the Korean peninsula will continue and inter-Korean relations will improve uninterruptedly.” Regarding US-DPRK relations, Chairman Kim appreciated the US-DPRK Joint Statement again by saying that, “the June 12 DPRK-US Joint Statement was a historic declaration announcing to the world that the two countries which had been hostile to each other from one century into the next would write a new history of relationship.”

On the other hand, Chairman Kim harshly criticized the US stance for the negotiations at the Hanoi summit and stated, “We are neither pleased nor willing to see summit talks like the Hanoi summit talks re-enacted” and, “here is no need for me to obsess over the summit talks with the United States out of thirst for the lifting of sanctions.” Additionally, Chairman Kim clearly stated his current stance. He said, “we will be patient and wait till the end of this year to see whether the United States makes a courageous decision or not.”

At the press conference held on March 15, the DPRK First Vice Foreign Minister Choe Son-Hui stated that Chairman Kim will soon announce his decision on the DPRK’s next move, [2] and the above messages are probably Chairman Kim’s decision that Choi had mentioned. To summarize Kim’s policy, the DPRK’s position is that the DPRK will not be obsessed with seeking the lifting of the sanctions and, while supporting its economy with self-reliance, continue negotiations based on the US-DPRK and inter-Korean summit agreements.

Japan’s diplomacy is insensitive to the situation
Although Kim Jong-Un’s policy has remained cool-headed, it is clear that the DPRK seriously views the continued sanctions as indication of a “hostile policy.” In his same policy speech, Chairman Kim stated his critical analysis that economic sanctions are a means of “disarming us first, overthrowing our social system later.” Despite that, or because of that, Chairman Kim called for his people not to plead for the lifting of the economic sanctions, but to achieve economic development through alternate means.

As just described, if mishandled, the issue of the economic sanctions has the potential of having a decisively negative impact on negotiations on denuclearization and peace of the Korean Peninsula. Despite that, concern about this issue in Japanese politics has remained unchanged for a long time.

In Diet deliberations, it can be pointed out that the level of interest in the denuclearization and peace on Korean Peninsula is low.

The House of Representatives Committee on Foreign Affairs of the ongoing 198th ordinary Diet session started on March 6, 2019 and by the issue date of this report (April 23), sessions of the Committee on Foreign Affairs have been held 8 times and have spent 19 hours and 23 minutes on question-and-answer between the government and Committee members. However, only 7 out of all 30 Committee members (20 from ruling coalition parties --18 from Liberal Democratic Party and 2 from Komeito – and 10 from opposition parties) have taken up the issue of the Korean Peninsula, and only one hour and 41 minutes has been spent on the issue of the Korean Peninsula, which accounts for 8.7% of total amount of time spent for question-and-answer.

Additionally, Diet members and the Ministry of Foreign Affairs (MOFA) had shared generally the same view on “maintaining strong pressure” on the DPRK through economic sanctions based on UN Security Council resolutions. In fact, the issue of the sanctions would have provided a good starting point to deepen discussions on the Japanese government’s policy on the Korean Peninsula. However, no such discussions have taken place.

From that viewpoint, the question-and-answer session on March 8 regarding US-DPRK negotiations based on the joint statement at the Singapore summit between a Diet member Kokuta (Japanese Communist Party) and Foreign Minister Kono struck at the heart of the issue and revealed the Japanese government’s statements that warrant future discussion.

House of Representatives member Kokuta: “As stated in your policy speech, you have clearly expressed your stance to support US-North Korean peace process, and what do you think is important for the US and North Korea to advance process toward denuclearization and building a peace regime…?”
Foreign Ministry Kono: “I think there are two things. One is that the international community needs to continue to implement UNSC resolutions in solidarity as it has done thus far, and the other is that the US and North Korea need to build solid mutual confidence each other. In particular, as we are demanding North Korea to give up their nuclear weapons and missiles, if North Korea is not confident that they will be able to gain security guarantees to its regime, it would be difficult to realize North Korea’s CVID (complete, verifiable, and irreversible disarmament). Therefore, confidence building between the US and North Korea is essential.” [3]

The meaning of the phrase used in Foreign Minister Kono’s answer, “implement UNSC resolutions” is used as code for maintaining sanctions as strictly as ever. This can be surmised from Kono’s later remarks at the press conference after the Japan-US Security Consultative Committee (US-Japan ‘2+2’) held in Washington DC on April 19, 2019, about one month after Kono had answered at the Foreign Affairs Committee. At the press conference, Foreign Minister Kono stated that, “we need to implement Security Council resolutions until North Korea makes CVID for all the weapons of mass destruction and the missiles of all ranges,” and additionally, Kono explained to the reporters that, “we need to take care of the issue of ship-to-ship transfer, and we need to work with the other partner countries to prevent this ship-to-ship transfer.” [4]

In summary, Foreign Minister Kono answered that both “strict implementation of UNSC resolutions” and “building confidence with DPRK” are necessary to advance the US-DPRK negotiations. Kono was right in pointing out the importance of confidence building.

However, are those two approaches compatible? This very question would provide clues as to how to deepen discussions over Japanese foreign policy on the North Korean issue. Thus far, the Diet hasn’t debated this question.

There are arguments for and against the assertion that UN Security Council’s strong sanctions forced the DPRK to be engaged in dialogues. However, the situation has changed since then. Today, 17 months have passed since the nuclear and missile tests that directly triggered the sanctions were suspended and almost one year has passed since the dialogues started. As described above, the DPRK views the stance of those who continue to reject lifting sanctions as indication of a hostile policy. Under the current circumstances, insisting on “strict implementation of sanctions on the DPRK based on UNSC Resolutions,” for all intents and purposes, sends a message contrary to “building confidence.”

On April 10, carrying a written appeal to Foreign Ministry Kono, the Peace Depot, which   manages the Watch Report project, visited the Ministry of Foreign Affairs (MOFA) and met Mr. Ishikawa, Deputy Director-General of MOFA’s Asian and Oceanian Affairs Bureau, the number two figure of the Bureau which oversees issues of the Korean Peninsula. The first item of the written appeal to the Government of Japan was to “stop strengthening and maintaining economic sanctions on the DPRK’s nuclear and missile development, consider the merit of phased lifting of sanctions and appeal internationally the need of the phased lifting.” [5] The Peace Depot has the international society, including the UN Security Council, in its mind, as the intended recipient of the appeal. By pointing out that UNSC resolutions have repeatedly stated that “it (the Security Council) is prepared to strengthen, modify, suspend or lift the measures as may needed in light of the DPRK’s compliance,”[6] as pointed out in Watch Report No.8, the Peace Depot urged the Government of Japan to take actions accordingly. As the contents of Peace Depot’s appeal were contrary to current policy of the Japanese government, no progress was made in the discussions during the meeting. The Peace Depot has intensified lobbying Diet members. (Ichiro YUASA, Hiromichi UMEBYASHI)

[1] KCNA, April 14, 2019
http://kcna.kp/kcna.user.home.retrieveHomeInfoList.kcmsf Search for the article in the page ‘Supreme Leader’s Activities’ from date.
[2] The article by NEWSIS Korean, March 25, 2019
  Full text of the opening of Choe Son-hui’s remarks is translated into Japanese on Korea News No.766, March 26, 2019, by The General Association of Korean Residents in Japan.
[3] The minutes of House of Representatives the Committee on Foreign Affairs, March 8, 2019 (informal translation by the present authors)
[4] “Remarks With Acting Secretary of Defense Patrick Shanahan, Japanese Foreign Minister Taro Kono, and Japanese Defense Minister Takeshi Iwaya at a Joint Press Availability for the U.S.-Japan 2+2 Ministerial,” U.S. Department of State, April 19, 2019
[5] “Denuclearization in Korean Peninsula and the 2020 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons : Request for calling for fundamentally reviewing Japanese Nuclear Deterrence Policy (tentative),” Peace Depot, April 10, 2019
[6] For example, OP 28 of UNSC Resolution S/RES/2397(2017)
https://undocs.org/S/RES/2397(2017)

May 9, 2019

Watch Report No.8

Watch Report No.8      Apr. 1, 2019

§It Is Wrong for the United States to Restore Its Hard Line towards North Korea. The United States Should Shift its Policy to the Easing of Economic Sanctions in a Phased Manner.

Ever since the unsuccessful ending of the second US-DPRK Summit that took place in Hanoi on February 27-28, there are signs that the situation on the Korean Peninsula is getting worse.

US foreign policy is apparently reverting to a hard line stance. At a Special Briefing held at the US Department of State on March 7, a week after the Summit, a senior official of the State Department clearly indicated the US intention not to take a step-by-step approach to denuclearization [1]:
Reporter’s question: …Can you say confidently that all of the different members of President Trump’s advisory team on the negotiations with North Korea were in agreement with the all-or-nothing strategy the President ultimately embraced in Hanoi? And I ask because there’s the appearance that Mr. Bolton may have had the most influence over the President’s decision not to embrace a more step-by-step approach that others on the team had advocated for in the weeks leading up to this summit.
Senior State Department official: …[N]obody in the administration advocates a step-by-step approach. In all cases, the expectation is a complete denuclearization of North Korea as a condition for all the other steps being – all the other steps being taken. It has very much been characteristic of past negotiations to take an incremental approach to this that stretches it out over a long period of time, and quite honestly, has failed on previous occasions to deliver the outcome that both sides at least ostensibly committed to. This would be in the 1994 Agreed Framework negotiations as well as in the Six-Party Talks. So we’re trying to do it differently here. The President has made abundantly clear to Chairman Kim that he’s personally invested in taking North Korea in this direction if North Korea gives up all of its weapons of mass destruction and the means of delivery…

Thus, the Trump administration unanimously clarified its intention to oppose a step-by-step approach. Moreover, the administration ascribed the failure of past negotiations to the adoption of step-by-step approaches, an assertion that lacks factual grounding. This policy is different from the tone of the speech made at Stanford University by Stephen Biegun, US Special Representative for North Korea, the content of which was introduced in “Watch Report No. 5.”

However, Biegun himself confirmed the above-mentioned senior State Department official’s statement at the 2019 Carnegie International Nuclear Policy Conference, which was organized by the Carnegie Endowment for International Peace on March 11. The New York Times Pentagon Correspondent, Helene Cooper, who facilitated the dialogue with Biegun at the Conference, compared his own words in his Stanford speech with those of the senior official and asked him, “Which is it?” Biegun replied, “the semantic differences (between the two words) I have to say escape me,” and concluded [2]:
“We are not going to do denuclearization incrementally. The President has been clear on that and that is a position around which the U.S. government has complete unity. …we would be in a position where we would be lifting all the economic pressure that's been imposed upon North Korea for the totality of its weapons of mass destruction programs.”
“…the administration has been clear from the President on down that we will not lift these sanctions until North Korea completes the process of denuclearization.”

According to Biegun’s explanation on that day, the Trump administration’s current foreign policy can be summarized as follows: The US and DPRK made four agreements at the Singapore Summit: (1) establishing new US-DPRK relations; (2) building a lasting and stable peace regime; (3) complete denuclearization of the Korean Peninsula; and, (4) commitment to recovering POW/MIA remains. As all four of these are linked with one another, the administration is ready to pursue them in parallel. However, denuclearization is at the foundation of everything. The administration is trying to convince the DPRK that an all-at-once denuclearization can advance the other priorities all at once too. In response to the question, “[I]f the North agreed to more limited sanctions relief in exchange for Yongbyon, would you be receptive?”. Biegun gave no clear answer, but he did not deny the possibility.

On March 30, Reuters published an exclusive story [3] based on a piece of paper they had obtained. According to the article, the paper, which was assumed to have been handed from President Trump to Chairman Kim Jong-Un, included demands from the US on denuclearization - that the DPRK transfer its nuclear weapons and all its fissile material to the United States. Those demands remind one of the so-called Libya model, which John Bolton, U.S. National Security Affairs Advisor to the President, used to advocate. Though such a model is unlikely in this case, still it cannot be denied that the denuclearization scenario that the Trump administration intended to implement immediately may have had this kind of proposal.

At any rate, a “non-step-by-step denuclearization” policy lacks reality and is almost a fantasy. The United States and the DPRK have a long history of mutual distrust that cannot be swept away easily. In this situation, it would be impossible to persuade the DPRK to give up its nuclear weapons all at once, for nuclear weapons represent the DPRK’s sole deterrence against the US. With the Trump administration clinging to such a policy, there may be a danger that US-DPRK negotiations will squander the current historic opportunity for peace.

On March 15 in Pyongyang, DPRK Vice Minister of Foreign Affairs Choe Son-hui invited and spoke to the resident diplomats and foreign media. The purpose of the meeting was to warn about this danger. Among the foreign media, the Associated Press (AP) and the Russian News Agency TASS were confirmed to have been present. Meanwhile, on March 25, NEWSIS, a South Korean Internet media outlet, obtained and released the full text of Vice Minister Choe’s opening remarks at the meeting. Compared to the AP article [4], the message from the raw, full text published by NEWSIS [5] sounds cooler, giving the impression there is more room for future negotiations.

The most important part in Vice Minister Choe’s opening address is the following passage:
“When we made a practical proposal in the talks (in Hanoi), President Trump adopted the flexible position that an agreement would be possible if a clause was added stating that the sanctions could be re-imposed if North Korea resumed nuclear activities after the sanctions were lifted. However, because of their continuing hostility and mistrust, US Secretary of State Mike Pompeo and White House National Security Advisor John Bolton created obstacles to the two leaders’ efforts to have constructive negotiations, and ultimately the summit didn’t produce meaningful results.”

According to this passage, while President Trump was flexible about the partial lifting of sanctions against the DPRK, Secretary Pompeo and Special Advisor Bolton were not.

The Watch Report has repeatedly emphasized that “phased sanctions relief” is the key in US-DPRK negotiations. It seems this is becoming a reality. The DPRK has been taking the position that the UN Security Council Resolutions posing sanctions against them are invalid in the first place, and that they do not accept those resolutions. There may well be a diverse range of opinions, both for and against, regarding such DPRK’s position. In the meantime, however, Choe’s remarks stating that, “There is no cause at all to preserve the sanctions in a situation where we have been suspending nuclear tests and ICBM test-launches over the past 15 months. We are sure the UN Security Council can answer this question even more clearly,” should be understandable for most people. While there may be some point in claiming that the imposition of strong sanctions opened the dialogue with the DPRK, what reason can there be for maintaining strong sanctions at this stage when the DPRK has already started the dialogue and is willing to continue it? What is happening now is that sanctions are beginning to disrupt the continuation of dialogue.

Most of the UN Security Council’s sanctions resolutions on DPRK contain the following provision:
“(The UN Security Council) affirms that it shall keep the DPRK’s actions under continuous review and is prepared to strengthen, modify, suspend or lift the measures as may be needed in light of the DPRK’s compliance.” (For example, Operative Paragraph 28 of the latest resolution S/RES/2397 (2017) [6] and Operative Paragraph 32 of the preceding resolution S/RES/2395 (2017) [7].)

In other words, the sanctions resolutions of the Security Council are adopted under the premise that the sanctions would be tightened or eased according to the DPRK’s status of compliance with the resolutions. This is why the Security Council kept tightening sanctions, in a phased manner, every time the DPRK conducted nuclear tests or missile launches. By the same token, it is a natural duty of the Security Council to discuss phased sanctions relief in the present situation.

Civil society must raise its voice and urge action, not only by the US, but by their own governments and by the UN Security Council. (Hiromichi UMEBAYASHI and Kana HIRAI)

[1] U.S. Department of State, “Senior State Department Official On North Korea,” March 7, 2019  https://www.state.gov/r/pa/prs/ps/2019/03/290084.htm
[2] “A Conversation with U.S. Special Representative Stephen Biegun,” Carnegie Endowment for International Peace, 2019 Carnegie International Nuclear Policy Conference, March 11, 2019
[3] “Exclusive: With a piece of paper, Trump called on Kim to hand over nuclear weapons,” Reuters, March 30, 2019
[4] Eric Talmadge, “NKorean official: Kim rethinking US talks, launch moratorium,” AP, March 15, 2019
[5] An article by NEWSIS (in Korean), March 25, 2019
Full text of the Choe Son-hui’s opening remarks is translated into Japanese on Korea News No.766 by The General Association of Korean Residents in Japan. March 26, 2019

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