A Study of Ways of Instituting Humanitarian Exemptions to Sanctions on North Korea in the Field of Health and Welfare

Abstract

Efforts to revitalize exchanges and cooperation with North Korea must be continued despite the strained inter-Korean relations. Under the UN sanctions against North Korea, it is difficult for sure to continue the development cooperation project which has been promoted by two Koreas(South and North) in terms of exchanges and cooperation. And in order to continue the exchanges and cooperation between two Koreas, the UN 1718 Commission's approval of exemption must be obtained unless sanctions against North Korea are eased or lifted. By analysing the exemption approval cases, it was attempted to derive effective exchange and cooperation strategies with North Korea in the health and welfare field, and to present examples of humanitarian exemptions that can be obtained in future. As a result, we could confirm that, first, exemption approval could be available for the materials of the development cooperation project depending on what kind of causal relationship is presented; that, second, prior discussions or specific agreements with North Korea are not required in the process of exemption approval from the UN 1718 Committee; that, thirdly, the UN 1718 Committee is trying to sufficiently resolve the inconveniences and to meet the requests of international organizations, international NGOs, and South Korean NGOs applying for the exemption approvals; and lastly that the South Korean government has been actively involved in obtaining the exemption approvals. In 2020, all passageways to North Korea were blocked due to COVID-19, and the aid projects for North Korea could not proceed normally even with the hard-won exemptions. In addition, the situation has been still going on now in 2021 without any discussions with North Korean officials on the materials already approved. However, after two years of trying to cross the UN barrier, which was unthinkable in 2018, the private organizations have been convinced that the UN exemption approval process is not that difficult. Moreover, they have secured the know-how to enhance the probability of approval. Now, the only task left is that more institutions should utilize it actively to prepare for the revitalization of inter-Korean exchanges and cooperation in the future. Our suggestions would be that, first of all, in order to improve the humanitarian situation in North Korea, it is necessary to support the vulnerable groups by priority with humanitarian aid and development cooperation at the same time, and then to link it with the SDGs. And through the projects promoted within this framework, the scope of approval should be broadened for exemptions from sanctions against North Korea. Specifically, it is necessary to promote humanitarian aid projects in the health and medical field, the social infrastructure construction and improvement of health and welfare, and exchanges of human resources and knowledge in the health, medical and welfare fields. To this end, the legal and institutional foundations should be set up to promote inter-Korean exchanges and cooperation by using the exemptions from sanctions against North Korea; also, private support projects should be activated; indirect support through the international community are to be utilized; the main body of the projects for North Korea should be diversified; and the domestic and international cooperation system must be strengthened.