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Agreement on Reconciliation, Non-Aggression, and Exchanges and Cooperation between South and North Korea

  • Country/entity

    North Korea
    South Korea
  • Region

    Asia and Pacific
    Asia and Pacific
  • Agreement name

    Agreement on Reconciliation, Non-Aggression, and Exchanges and Cooperation between South and North Korea
  • Date

    13 Dec 1991
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Interstate/interstate conflict ( Korean Conflict (1950 - ) )
  • Stage

    Pre-negotiation/process
  • Conflict nature

    Territory
  • Peace process

    North Korea - South Korea interstate process
  • Parties

    Chung Won-shik, Prime Minister, Republic of Korea, Chief delegate of the South delegation to the South-North High-Level Talks;
    Yon Hyong-muk, Premier, Administration Council, Democratic People's Republic of Korea, Head of the North delegation to the South-North High-Level Talks;
  • Third parties

    -
  • Description

    A short agreement focusing on several issues, most prominently economic and security co-operation. Agreement establishes several committee's for overseeing future co-operation


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family
    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 18: The two sides shall permit free correspondence, reunions and visits between dispersed family members and other relatives and shall promote the voluntary reunion of divided families and shall take measures to resolve other humanitarian issues.

State definition

  • Nature of state (general)
    Page 1, Untitled Preamble
    In keeping with the yearning of the entire Korean people for the peaceful unification of the divided land;
    Reaffirming the three principles of unification set forth in the July 4 (1972) South-North Joint Communique;
    ... Recognizing that their relations, not being a relationship between states, constitute a special interim relationship stemming from the process towards reunification;
    ... Pledging to exert joint efforts to achieve peaceful unification;
  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision
    Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 7: To ensure close consultations and liaison between the two sides, South-North Liaison Offices shall be established at Panmunjon within three (3) months after the coming into force of this Agreement.

    Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 8: A South-North Political Committee shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North reconciliation.

Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Media roles
    Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 3: The two sides shall not slander or vilify each other.

    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 16: The two sides shall carry out exchanges and cooperation in various fields such as science and technology, education, literature and the arts, health, sports, environment, and publishing and journalism including newspapers, radio and television broadcasts and publications.
    Rights related issues→Media and communication→Media logistics
    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 18: The two sides shall permit free correspondence, reunions and visits between dispersed family members and other relatives and shall promote the voluntary reunion of divided families and shall take measures to resolve other humanitarian issues.

    Page 3, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 20: The two sides shall establish and link facilities needed for South-North postal and telecommunications services and shall guarantee the confidentiality of intra-Korean mail and telecommunications.
  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 15: To promote an integrated and balanced development of the national economy and the welfare of the entire people, the two sides shall engage in economic exchanges and cooperation, including the joint development of resources, the trade of goods as domestic commerce and joint ventures.

    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 16: The two sides shall carry out exchanges and cooperation in various fields such as science and technology, education, literature and the arts, health, sports, environment, and publishing and journalism including newspapers, radio and television broadcasts and publications.

    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 17: The two sides shall promote free intra-Korean travel and contacts for the residents of their respective areas.

    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 19: The two sides shall reconnect railroads and roads that have been cut off and shall open South-North sea and air transport routes.

    Page 3, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 21: The two sides shall cooperate in the international arena in the economic,· cultural and various other fields and carry out joint undertakings abroad.

    Page 3, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 22: To implement accords on exchanges and cooperation in the economic, cultural and various other fields, the two sides shall establish joint commissions for specific sectors, including a Joint South-North Economic Exchanges and Cooperation Commission, within three (3) months of the coming into force of this Agreement.

    Page 3, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 23: A South-North Exchanges and Cooperation Commission shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North exchanges and cooperation.
  • National economic plan

    No specific mention.

  • Natural resources
    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 15: To promote an integrated and balanced development of the national economy and the welfare of the entire people, the two sides shall engage in economic exchanges and cooperation, including the joint development of resources, the trade of goods as domestic commerce and joint ventures.
  • International funds

    No specific mention.

  • Business
    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 15: To promote an integrated and balanced development of the national economy and the welfare of the entire people, the two sides shall engage in economic exchanges and cooperation, including the joint development of resources, the trade of goods as domestic commerce and joint ventures.
  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment
    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 16: The two sides shall carry out exchanges and cooperation in various fields such as science and technology, education, literature and the arts, health, sports, environment, and publishing and journalism including newspapers, radio and television broadcasts and publications.
  • Water or riparian rights or access
    Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
    Article 19: The two sides shall reconnect railroads and roads that have been cut off and shall open South-North sea and air transport routes.

Security sector

  • Security Guarantees
    Page 1, Untitled Preamble
    ... Determined to remove the state of political and military confrontation and achieve national reconciliation;
    Also determined to avoid armed aggression and hostilities, reduce tension and ensure peace;

    Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 4: The two sides shall not attempt any actions of sabotage or subversion against each other.

    Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 9: The two sides shall not use force against, each other and shall not undertake armed aggression against each other.

    Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 10: Differences of views and disputes arising between the two sides shall be resolved peacefully through dialogue and negotiation.

    Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 11: The South-North demarcation line and areas for non-aggression shall be identical with the Military Demarcation Line specified in the Military Armistice Agreement of July 27 1953 and the areas that have been under the jurisdiction of each side until the present time.

    Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 12: To implement and guarantee non-aggression, the two sides shall set up a South-North Joint Military Commission within three (3) months of the coming into force of this Agreement. In the said Commission, the two sides shall discuss and carry out steps to build military confidence and realize arms reduction, including the mutual notification and control of major movements of military units and major military exercises, the peaceful utilization of the Demilitarized Zone, exchanges of military personnel and information, phased reductions in armaments including the elimination of weapons of mass destruction and attack capabilities, and verifications thereof.

    Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 13: A telephone hotline shall be installed between the military authorities of the two sides to prevent accidental armed clashes and their escalation.

    Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 14: A South-North Military committee shall be established within the framework of ' the South-North High-Level Talks within one (1) month of the coming into force of this Agreement in order to discuss concrete measures to ensure the implementation and observance of the accords on non-aggression and to remove military confrontation.
  • Ceasefire
    Security sector→Ceasefire→General commitments
    Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 5: The two sides shall endeavor together to transform the present state of armistice into a solid state of peace between the South and the North and shall abide by the present Military Armistice Agreement (of July 27, 1953) until such a state of peace has been realized.
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 12: To implement and guarantee non-aggression, the two sides shall set up a South-North Joint Military Commission within three (3) months of the coming into force of this Agreement. In the said Commission, the two sides shall discuss and carry out steps to build military confidence and realize arms reduction, including the mutual notification and control of major movements of military units and major military exercises, the peaceful utilization of the Demilitarized Zone, exchanges of military personnel and information, phased reductions in armaments including the elimination of weapons of mass destruction and attack capabilities, and verifications thereof.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation
    Page 1, Untitled Preamble
    ... Determined to remove the state of political and military confrontation and achieve national reconciliation;

    Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 8: A South-North Political Committee shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North reconciliation.

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
    Article 8: A South-North Political Committee shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North reconciliation.
  • Related cases

    No specific mention.

  • Source
    Colombia Law School, North Korea course materials.
    http://www2.law.columbia.edu/course_00S_L9436_001/North%20Korea%20materials/coree91.html

Agreement on Reconciliation, Non-aggression and Exchanges and Cooperation between the South and the North

The South and the North,

In keeping with the yearning of the entire Korean people for the peaceful unification of the divided land;

Reaffirming the three principles of unification set forth in the July 4 (1972) South-North Joint Communique;

Determined to remove the state of political and military confrontation and achieve national reconciliation;

Also determined to avoid armed aggression and hostilities, reduce tension and ensure peace;

Expressing the desire to realize multi-faceted exchanges and cooperation to advance common national interests and prosperity;

Recognizing that their relations, not being a relationship between states, constitute a special interim relationship stemming from the process towards reunification;

Pledging to exert joint efforts to achieve peaceful unification;

Hereby have agreed as follows:

CHAPTER I

SOUTH-NORTH RECONCILIATION

Article 1:

The South and the North shall recognize and respect each other's system.

Article 2:

The two sides shall not interfere in each other's internal affairs.

Article 3:

The two sides shall not slander or vilify each other.

Article 4:

The two sides shall not attempt any actions of sabotage or subversion against each other.

Article 5:

The two sides shall endeavor together to transform the present state of armistice into a solid state of peace between the South and the North and shall abide by the present Military Armistice Agreement (of July 27, 1953) until such a state of peace has been realized.

Article 6:

The two sides shall cease to compete or confront each other in the international arena and shall cooperate and endeavor together to promote national prestige and interests.

Article 7:

To ensure close consultations and liaison between the two sides, South-North Liaison Offices shall be established at Panmunjon within three (3) months after the coming into force of this Agreement.

Article 8:

A South-North Political Committee shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North reconciliation.

CHAPTER II

SOUTH-NORTH NON-AGGRESSION

Article 9:

The two sides shall not use force against, each other and shall not undertake armed aggression against each other.

Article 10:

Differences of views and disputes arising between the two sides shall be resolved peacefully through dialogue and negotiation.

Article 11:

The South-North demarcation line and areas for non-aggression shall be identical with the Military Demarcation Line specified in the Military Armistice Agreement of July 27 1953 and the areas that have been under the jurisdiction of each side until the present time.

Article 12:

To implement and guarantee non-aggression, the two sides shall set up a South-North Joint Military Commission within three (3) months of the coming into force of this Agreement.

In the said Commission, the two sides shall discuss and carry out steps to build military confidence and realize arms reduction, including the mutual notification and control of major movements of military units and major military exercises, the peaceful utilization of the Demilitarized Zone, exchanges of military personnel and information, phased reductions in armaments including the elimination of weapons of mass destruction and attack capabilities, and verifications thereof.

Article 13:

A telephone hotline shall be installed between the military authorities of the two sides to prevent accidental armed clashes and their escalation.

Article 14:

A South-North Military committee shall be established within the framework of ' the South-North High-Level Talks within one (1) month of the coming into force of this Agreement in order to discuss concrete measures to ensure the implementation and observance of the accords on non-aggression and to remove military confrontation.

CHAPTER III

SOUTH-NORTH EXCHANGES AND COOPERATION

Article 15:

To promote an integrated and balanced development of the national economy and the welfare of the entire people, the two sides shall engage in economic exchanges and cooperation, including the joint development of resources, the trade of goods as domestic commerce and joint ventures.

Article 16:

The two sides shall carry out exchanges and cooperation in various fields such as science and technology, education, literature and the arts, health, sports, environment, and publishing and journalism including newspapers, radio and television broadcasts and publications.

Article 17:

The two sides shall promote free intra-Korean travel and contacts for the residents of their respective areas.

Article 18:

The two sides shall permit free correspondence, reunions and visits between dispersed family members and other relatives and shall promote the voluntary reunion of divided families and shall take measures to resolve other humanitarian issues.

Article 19:

The two sides shall reconnect railroads and roads that have been cut off and shall open South-North sea and air transport routes.

Article 20:

The two sides shall establish and link facilities needed for South-North postal and telecommunications services and shall guarantee the confidentiality of intra-Korean mail and telecommunications.

Article 21:

The two sides shall cooperate in the international arena in the economic,· cultural and various other fields and carry out joint undertakings abroad.

Article 22:

To implement accords on exchanges and cooperation in the economic, cultural and various other fields, the two sides shall establish joint commissions for specific sectors, including a Joint South-North Economic Exchanges and Cooperation Commission, within three (3) months of the coming into force of this Agreement.

Article 23:

A South-North Exchanges and Cooperation Commission shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North exchanges and cooperation.

CHAPTER IV

AMENDMENTS AND EFFECTUATION

Article 24:

This Agreement may be amended or supplemented by concurrence between the two sides.

Article 25:

This Agreement shall enter into force as of the day the two sides exchange appropriate instruments following the completion of their respective procedures for bringing it into effect.

Signed on December 13, 1991

Chung Won-shik, Prime Minister, Republic of Korea, Chief delegate of the South delegation to the South-North High-Level Talks

Yon Hyong-muk, Premier, Administration Council, Democratic People's Republic of Korea, Head of the North delegation to the South-North High-Level Talks