Aug 16, 2019

Watch Report No.12

Watch Report No.12      July. 17, 2019

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The Reopening of US-North Korea Talks Should Seek Small Deals, Not a Big One

On June 30, US President Donald Trump and DPRK Chairman Kim Jong-un surprised the world with their electrifying third summit in Panmunjom, right on the military boundary between North and South Korea. Four months after the summit in Hanoi, Vietnam, where they failed to reach an agreement about the process of denuclearization and the lifting of sanctions, a wide disparity persists between the positions of the US and the DPRK. Concerns have been expressed about the reopening of talks, with worries that President Trump, with his eyes set on the next year’s election, may give up his “big deal,” demanding the complete denuclearization of DPRK in one stroke, and instead resign himself to “small deals,” thereby accepting the DPRK’s status quo. However, the accumulation of those “small deals,” in fact, provides a key to negotiations for the complete denuclearization of the Korean Peninsula.

Since the Panmunjom Summit, voices within the Trump administration have been reported, showing the United States’ flexible stance toward the DPRK. For example, Stephen Biegun, US State Department Special Representative for North Korea Policy, said in his talks on June 28 with Lee Do-hoon, Korean Ministry of Foreign Affairs Special Representative for Korean Peninsula Peace and Security Affairs, that the US “is ready to hold constructive talks with the North to move the commitments of the June 12 Singapore Joint Declaration forward in a simultaneous and parallel manner” [1]. Also, Mr. Biegun reportedly told US media – on the condition it is kept off the record – that the US government was considering plans in which the DPRK would implement a “complete freeze” of its WMD programs, and in return the US would provide humanitarian aid or expand people-to-people talks between the two countries [2]. In addition, the NHK reported on one of the minority opinions within the Trump administration. According to the report, a plan was being developed as a possible breakthrough, in which the US conducts partial and temporary lifting of economic sanctions while it assesses the DPRK’s behavior [3].

Regarding these flexible attitudes of the Trump administration, some observers fear that DPRK’s complete denuclearization might be left behind. For example in Japan, the anchor of NHK’s major news program expressed his concern that “Trump might resign himself to a small outcome, a small deal, in face of his Presidential election” [4].

However, in order to break the stalemate after the Hanoi Summit, there is, in Biegun’s words, a “need for a flexible approach” [5]. In his April 12 policy speech, Kim Jong-un also argued that “both sides should give up their unilateral terms and seek a constructive solution that meets each other’s interests” [6]. Biegun, who takes charge of the matter at the working-level, understands the situation and shows a flexible attitude by stating – at least officially – that the US is ready to implement the “simultaneously and in parallel” agreements made in Singapore (i.e., to establish new U.S.-DPRK relations; to build a lasting and stable peace regime on the Korean Peninsula; to work toward complete denuclearization of the Korean Peninsula; and to recover POW/MIA remains including the immediate repatriation of those already identified), which is commendable enough in itself. The problem is whether future negotiations can reach a specific common ground acceptable to both parties, for the DPRK is seeking “reciprocal and phased” implementation.

What is critical in finding a common ground is how to remove the threat the DPRK senses from the United States. The importance of this is evidenced by the fact that, promises aiming at the assurance of DPRK’s security (not merely the protection of its regime), such as non-aggression of the DPRK, or improved US-DPRK relations, are contained not only in the Singapore agreement but in all major nuclear agreements on the Korean Peninsula, including the 1994 Agreed Framework between the USA and DPRK, and the 2005 Joint Statement of the Six-party Talks. In a situation where the Korean War has not ended and where there is no trust between the US and DPRK, it is inconceivable to think of the DPRK, which has been developing nuclear weapons as a means of deterrence against US aggression, abandoning its nuclear weapons before the threat is removed. It is the United States’ “hostile policy” against the DPRK that is impeding DPRK’s action toward denuclearization. The issue of Korean Peninsula’s denuclearization mostly boils down to whether the US abandons its hostile policy.

With the above in mind, we would like to identify the focus of the negotiations to come, based on “the unrealized Hanoi agreement”, a draft text prepared but not signed at the Hanoi Summit.

Watch Report No.7 took note of this “unrealized Hanoi agreement”, and proposed the following six interim measures that should be worth seeking in the coming negotiations: [7]
(1) a declaration to end the Korean War or a peace declaration;
(2) the establishment of a US liaison office in Pyongyang;
(3) a provisional agreement on the scale and nature of future US-ROK joint military exercises, a possible cause for DPRK’s concern;
(4) a moderate relaxation of the economic sanctions short of lifting of the 5 UNSC sanctions resolutions;
(5) partial lifting of the sanctions limited to those necessary for inter-Korean economic cooperation; and,
(6) the relaxation of restrictions on DPRK space and nuclear development programs, on condition of ensuring peaceful purposes of the programs, and increasing international access to DPRK nuclear and space facilities.

Regarding the end-of-war declaration (1), it is extremely unreasonable that the Korean Peninsula is still in a state of war, as was indicated symbolically by Trump and Kim Jong-un shaking hands on the military border at the last summit meeting. The DPRK and ROK have already issued a de facto end-of-war declaration, by signing the “Agreement on the Implementation of the Historic Panmunjom Declaration in the Military Domain”, a document annexed to the 2018 September Pyongyang Joint Declaration between the two Koreas. Residents of the Korean Peninsula do not want war. Now that the U.S. president and the DPRK leader – the enemies – shook hands on the military boundary, there is no reason to continue the war. Although some people who do not want to withdraw the U.S. Forces Korea seem to oppose an end-of-war declaration, the USFK issue should not be an obstacle to the ending of the Korean War, since – as ROK President Moon Jae-in stated clearly in a recent written interview – Kim Jong-un “has never linked denuclearization (of the Korean Peninsula) with the ROK-U.S. alliance or a pullout of the United States Forces Korea” [8].

The establishment of a US liaison office in Pyongyang (2) can be realized relatively easily if the Korean War ends. In fact, Biegun refers to this in the above-mentioned off-the-record talks with the press [9]. The existence of US facilities and property in Pyongyang should serve as assurance that the US would not attack the DPRK.

With regard to a provisional agreement on US-ROK joint military exercises etc. (3), it is necessary to avoid a situation in which military exercises and weapons development on the part of either the US or ROK may cause distrust of the DPRK and hinder the negotiations, given that currently mutual trust among the US, ROK and DPRK is lacking. Moreover, a tripartite military agreement with the US in the loop is also needed for the sake of preventing an accidental crash or other military-related incident.

As for economic sanctions relief (4), it is necessary to find a middle ground acceptable to both parties. This is because the DPRK demanded the livelihood sanctions relief of UN Security Council resolutions as partial relief at the Hanoi Summit, whereas the US took it as “a de facto overall relaxation”. One could begin with sanctions relief limited to north-south economic cooperation, as in (5). Although the ROK anxiously looks forward to the implementation of inter-Korean economic cooperation, the economic sanctions are preventing it from happening, thereby harming north-south relationships. An early lifting of sanctions on inter-Korean economic cooperation would be desirable. As the Watch Report repeatedly pointed out (in No.8 and No.9), the UN Security Council’s sanction resolutions mostly contain provisions stipulating that it is ready to strengthen, modify or lift the measures according to the DPRK’s status of compliance with the resolutions. We would like to reiterate the necessity for the international community to consider reviewing the sanctions so that those sanctions do not impede the denuclearization of the Korean Peninsula. In particular, the international community must take seriously the fact that the sanctions are affecting the United Nations assistance operations and are imposing great impact on the lives of ordinary North Koreans [10].

As for peaceful uses of outer space and nuclear energy by the DPRK (6), if the DPRK returns to the International Atomic Energy Agency (IAEA) or the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and is placed under diligent international inspection, it naturally follows that the DPRK should be granted the right to the peaceful uses of outer space and nuclear energy without delay.

There should be other possible interim measures toward the denuclearization of the Korean Peninsula. At any rate, the re-opening of working-level talks should build consensus on concrete and feasible measures, implement them steadily, thereby removing the US threat claimed by the DPRK, building trustworthy relationships between the two countries, and creating an environment enabling the DPRK to denuclearize.

Such a step-by-step approach to denuclearization does not contradict complete denuclearization of the Korean Peninsula. A step-by-step approach is the first rung on the ladder to complete denuclearization and does not mean admitting DPRK’s possession of nuclear weapons. Biegun’s off-the-record “freeze” plan is merely “the beginning of the process” of denuclearization, as Morgan Ortagus, US State Department Spokesperson said later at a press conference [11].

In order for President Trump to show his difference from his predecessors, he needs to abandon his hostile policy, assure DPRK’s security, and pave the way to complete denuclearization on the Korean Peninsula. For that to happen, Trump needs to overcome his fellow hard-liners as well as the public opinion thinking of a small deal as a “compromise”. Civil society should act to build a rational public opinion, and to sustain and pursue the opportunity generated by President Trump. (Hajime MAEKAWA & Hiromichi UMEBAYASHI)

[1] “U.S. ready for talks with N.K. to make 'simultaneous and parallel' progress: nuke envoy,” Yonhap News Agency, June 28, 2019
[2] “Scoop: Trump's negotiator signals flexibility in North Korea talks,” AXIOS, July 3, 2019
[3] Remarks made by Hideki Yui, Chief Correspondent of NHK’s Washington D.C. Bureau, at the “News Watch 9” program broadcasted on June 28, 2019.
[4] Remarks made by anchorman Yoshio Arima, at the “News Watch 9” broadcasted on July 1, 2019.
[5] “‘Door is Wide Open’ for Negotiations with North Korea, US Envoy Says,” Atlantic Council, June 19, 2019
https://www.atlanticcouncil.org/blogs/new-atlanticist/door-is-wide-open-for-negotiations-with-north-korea-us-envoy-says
[6] 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.
[8] “Joint Written Interview with President Moon Jae-in by Yonhap and Six Global News Agencies,” The Republic of Korea Cheong Wa Dae, June 26, 2019
[9] Same as [2]. In his informal talks with the press, Biegun proposes to build liaison offices in the capitals of one another, in return for the DPRK freezing its WMD development program.
[10] For example: World Food Programme (WFP), “Democratic People’s Republic of Korea (DPRK) - FAO/WFP Joint Rapid Food Security Assessment,” May 2019, 14p
[11] “Department Press Briefing,” U.S. Department of State, July 9, 2019

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