ISSUE BRIEF No. 4274 | SEPTEMBER 17, 2014 U.S. Should Seek Release of Detainees in North Korea— Without Policy Concessions Bruce Klingner orth Korea has sentenced Matthew Miller, a of religious freedom, a right supposedly guaranteed N20-year-old American tourist, to six years of by its constitution, foreigners have been arrested for hard labor for attempted espionage. Miller reported- even the slightest appearance of religious proselytiz- ly ripped up his tourist visa and declared he wanted ing, which is considered a grave threat to the regime. asylum but Pyongyang accused him of intending to The United States does not ban Americans from “experience prison life so that he could investigate visiting North Korea, but the State Department has the human rights situation” in North Korea. The issued a travel advisory “strongly recommend[ing] regime is also holding Jeffrey Fowle, a 56-year-old against all travel by U.S. citizens,” warning that “U.S. American tourist, for allegedly leaving a Bible in a citizen tourists have been subject to arbitrary arrest hotel in May. Another American, Christian mission- and long-term detention.” ary Kenneth Bae, was sentenced in 2013 to 15 years Advocates of engagement with North Korea assert of hard labor for “hostile acts against the republic.” that increased social interaction (such as tourism, stu- Earlier this month, Pyongyang allowed CNN to dent exchanges, and sports and cultural events) will film highly choreographed “confessions” by the three enhance mutual understanding, reduce mutual dis- detainees and their appeals to Washington to send trust, and lead to diplomatic breakthroughs. Instead, a senior-level envoy to secure their release. While North Korea’s treatment of foreigners underscores the United States should continue energetic diplo- how repressive and resistant to reform its regime is. matic efforts through normal channels, it should not Nor has such unofficial engagement brought about send a special envoy nor acquiesce to North Korean political or economic reform, nor moderated the demands for policy changes. Washington should regime’s threatening foreign policy stance. instead highlight North Korean human rights abus- Pyongyang is again using the detained Americans es against its citizens as well as foreigners, including as pawns to pressure Washington to send a senior at the upcoming U.N. General Assembly meeting. envoy for their release, provide economic benefits, North Korea has arrested Americans before— reduce conditions for resumption of nuclear nego- mostly missionaries or journalists attempting to tiations, and initiate a peace treaty to formally end sneak into the country. Despite North Korea’s claim the Korean War. Barely four months after North Korea violated U.N. resolutions by testing a long-range missile and This paper, in its entirety, can be found at exploding a nuclear device in 2009, the U.S. acqui- http://report.heritage.org/ib4274 esced to Pyongyang’s demand to send former Presi- The Heritage Foundation 214 Massachusetts Avenue, NE dent Bill Clinton to meet with Kim Jong-Il in order Washington, DC 20002 to secure the release of two American journalists. (202) 546-4400 | heritage.org Former President Jimmy Carter and former New Nothing written here is to be construed as necessarily reflecting the views of The Heritage Foundation or as an attempt to aid or hinder the passage Mexico Governor Bill Richardson have also traveled of any bill before Congress. to North Korea to bring Americans home. ISSUE BRIEF | NO. 4274 SEPTEMBER 17, 2014 What Washington Should Do on trumped-up charges, but also against its own U.S. citizens should heed the State Department citizens. In February, a U.N. Commission of Inquiry advisory and not travel to North Korea. If Ameri- (COI) accused Pyongyang of human rights violations cans do travel there, they should realize that, while so egregious as to qualify as crimes against human- the U.S. government will seek their release, Wash- ity, including extermination, murder, enslavement, ington will not alter its foreign policy to accommo- torture, imprisonment, rape, and forced starvation. date their personal risk-taking. During this month’s U.N. General Assembly The Obama Administration should, of course, meeting and a scheduled side event on North Kore- continue its ongoing diplomatic efforts to obtain an human rights, Washington should press for a the release of its citizens through all channels. U.S. General Assembly resolution endorsing the find- Ambassador for North Korean Human Rights Rob- ings of the COI and its recommendation for target- ert King, or newly appointed U.S. Representative to ed sanctions against those responsible for crimes the Six Party Talks Sydney Seilor, would be appro- against humanity. priate diplomatic envoys. The U.S. should not send a senior-level envoy Balancing Compassion and Principles to negotiate the Americans’ release since it would It is heart-wrenching to see Americans held in be perceived as tacit acceptance of North Korea’s captivity by a dictatorial society with little respect belligerent behavior and reinforce Pyongyang’s for human rights, even more so with the grisly imag- perceptions that its strategy of alternating brink- es of U.S. citizens brutalized by the Islamic State manship with seemingly conciliatory gestures fresh in mind. As such, the U.S. should pursue all remains effective. diplomatic means, both directly with North Korea Nor should Washington agree to make any policy and in the international community, to secure concessions on unrelated issues, including nucle- their release. ar negotiations, enforcing U.S. laws against North However, Washington cannot give in to Pyong- Korean illicit activities, and maintaining U.N. puni- yang’s ransom demands by sending a special envoy tive measures for violations of U.N. resolutions. The to negotiate their release or by making concessions U.S. should continue to insist on North Korea’s com- on U.S. policy toward North Korea. The U.S. should plete compliance with U.N. resolutions as well as use the detentions to underscore Pyongyang’s aber- its commitment to its Six-Party Talks pledges to rant behavior. completely and verifiably abandon its nuclear weap- —Bruce Klingner is Senior Research Fellow ons programs. for Northeast Asia in the Asian Studies Center, of The U.S. government should remain relent- the Kathryn and Shelby Cullom Davis Institute for less in publicly highlighting North Korean human National Security and Foreign Policy, at The Heritage rights abuses not only against foreigners it detains Foundation. 2.