LGBT rights in North Korea

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LGBT rights in North Korea North Korea
North Korea
Same-sex sexual activity legal? Legal
Gender identity/expression Unknown
Military service 10-year celibacy required[1]
Discrimination protections None
Family rights
Recognition of
relationships
No recognition of same-sex relationships
Adoption

Homosexuality is not de jure illegal in North Korea, but the government does not recognize LGBT rights, and official government propaganda views homosexuality as product of foreign decadence and moral degeneracy.

Criminal laws[edit]

The criminal does not expessely prohibit private, noncommercial, adult and voluntary acts of homosexuality. The minimum age of consent for sexual conduct would appear to be sixteen years old, although the law seems to only directly apply to heterosexuality.

A defacto ban on homosexuality or non-conforming gender expression may come from a vaguely worded law that bans anything deemed by the government to be "against the socialist lifestyle." It has been reported by The Korea Times that North Korea has executed some gay people under this law.[2]

The Korean Friendship Association says that:

Due to tradition in Korean culture, it is not customary for individuals of any sexual orientation to engage in public displays of affection. As a country that has embraced science and rationalism, the DPRK recognizes that many individuals are born with homosexuality as a genetic trait and treats them with due respect. Homosexuals in the DPRK have never been subject to repression, as in many capitalist regimes around the world. However, North Koreans also place a lot of emphasis on social harmony and morals. Therefore, the DPRK rejects many characteristics of the popular gay culture in the West, which many perceive to embrace consumerism, classism and promiscuity.[3]

Despite the statement from the Korean Friendship Association, no visible LGBT community exists and the State-controlled Media views homosexuality as a decedent vice or bad habit practiced by capitalist foreigners, especially Americans. Also, this official statement from the Korean Friendship Association no longer appears on its webpage.[original research?]

North Korea culture is also hugely influenced by military life. Men and women are required, starting in their adolescence, to regular training and service within the nation's military, albeit with different sex-based requirements. Ten years of celibacy is required for men serving in the military.

Constitutional law[edit]

The Constitution of North Korea, last revised in 2012, guarantees its citizens many civil, cultural, economic and political rights, including "enjoy equal rights in all spheres of State and public activities". Yet, the government has not taken any action to address discrimination on account of sexual orientation and gender identity.

This may be because all Constitutional rights in North Korea are strictly curtailed by Article 81 and 82, which require citizens to "safeguard" the nation's ideology, and "observe" the socialist life-style.[4]

Family policy[edit]

The North Korean government does not permit comprehensive sexuality education to be taught, and State-controlled media does not depict same-sex couples as existing in North Korea. The media seems to only acknowledge the existence of homosexuality as an "aberration that exists only in a capitalist society".

Same-sex marriage is not recognized in North Korea, and thus "almost all gay or lesbian people [in North Korea] are conditioned or coerced into [heterosexual] marriage and they live that way without ever understanding their conflicted feelings".[5]

Since the 1990s, the North Korean government has reportedly been willing to "look the other way" with regards to premarital sex and adultery, although this degree of social liberalism does not seem to apply to LGBT people.[6]

Media control and censorship[edit]

The State-controlled media in North Korea treats homosexuality as vice or bad habit practiced among foreign capitalist, especially Americans. Access to foreign press, publications, books, films, T.V. shows, computer software, webpages and other media is tightly controlled by the government.

No positive depiction of LGBT people or endorsement of LGBT rights is permitted. Voice of America's Korean Service has stated that any public discussion about homosexuality is highly taboo, if not illegal.[7]

Military[edit]

The Korean People's Army mandates celibacy during the first 10 years of service for all enlistees.[1] Male soldiers regularly break this rule with secret heterosexual trysts or rapes, and through homosexual activities within the armed services. These homosexual relationships have been described as situational sexual behavior rather than a natural orientation.[8]

Politics and propaganda[edit]

No visible LGBT-rights movement exists in North Korea and none of the state-approved political parties in North Korea have made any public statement in favor of adopting LGBT-rights policy in North Korea.

North Korea opposed both the UN declaration on sexual orientation and gender identity, which called for the worldwide decriminalization of homosexuality, and the exclusion of sexual orientation as discriminatory grounds for execution.[9] Its precise reasons for doing so remain unclear.

North Korean propaganda, much like the state-controlled media, almost always depicts homosexuality as a characteristic of western (and particularly American) moral degeneracy. In the short story "Snowstorm in Pyongyang" (평양에서 눈보라, published 2000), captured crewmen of the USS Pueblo implore their North Korean captors to allow them to engage in gay sex.[10]

"Captain, sir, homosexuality is how I fulfill myself as a person. Since it does no harm to your esteemed government or esteemed nation, it is unfair for Jonathan and me to be prevented from doing something that is part of our private life."
[The North Korean soldier responds,] "This is the territory of our republic, where people enjoy lives befitting human beings. On this soil none of that sort of activity will be tolerated."

— "Snowstorm in Pyongyang", 2000

In 2014, after the United Nations Human Rights Council published a report on human rights in North Korea advising a referral to the International Criminal Court, the official Korean Central News Agency responded with an article that included homophobic insults against report author Michael Kirby, who is openly gay. The KCNA's article went on to state that gay marriage "can never be found in the DPRK boasting of the sound mentality and good morals, and homosexuality has become a target of public criticism even in Western countries, too. In fact, it is ridiculous for such gay [sic] to sponsor dealing with others' human rights issue."[11][12]

Prevalence[edit]

Summary table[edit]

Same-sex sexual activity legal Yes (No record of anti-gay laws in history)
Equal age of consent Yes (No record of age of discrepancy in the law.)
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Yes (Due to Conscription)
Right to change legal gender Emblem-question.svg
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also[edit]

References[edit]

  1. ^ a b Hassig and Oh (2009) The Hidden People of North Korea
  2. ^ "North executes lesbians for being influenced by capitalism". koreatimes.co.kr. The Korea Times. 2011-09-29. Retrieved 6 February 2015. 
  3. ^ Lebron, Robyn E. (2012). Searching for Spiritual Unity...can There be Common Ground?: A Basic Internet Guide to Forty World Religions & Spiritual Practices. CrossBooks. pp. 557–558. ISBN 9781462712618. Retrieved 5 April 2015. 
  4. ^ "Socialist Constitution of the Democratic People's Republic of Korea (Full Text) 1998". Novexcn.com. 1998-09-05. Retrieved 2012-08-05. 
  5. ^ "Gay North Korea News & Reports". globalgayz.com. GlobalGayz. Archived from the original on 2005-05-20. Retrieved 2015-02-06. 
  6. ^ United Nations High Commissioner for Refugees (2008-04-14). "Refworld | Love and sex in North Korea". UNHCR. Retrieved 2012-08-05. 
  7. ^ "Dynamic-Korea". Dynamic-Korea. 2010-02-10. Retrieved 2012-08-05. 
  8. ^ Martin (2006) Under the Loving Care of the Fatherly Leader, p. 521
  9. ^ Tris Reid-Smith (2010-11-18). "Countries vote to accept execution of gays". News.pinkpaper.com. Archived from the original on 14 July 2012. Retrieved 2012-08-05. 
  10. ^ Meyers, Brian R. The Cleanest Race. Melville House Publishing, 2010, chapter 5
  11. ^ Taylor, Adam (2014-04-22). "North Korea slams U.N. human rights report because it was led by gay man". Washington Post. Retrieved 2014-04-23. 
  12. ^ "KCNA Commentary Slams Artifice by Political Swindlers". kcna.co.jp. the Korean Central News Agency (KCNA). 22 April 2014. Retrieved 11 February 2015. As for Kirby who took the lead in cooking the "report", he is a disgusting old lecher with a 40-odd-year-long career of homosexuality. He is now over seventy, but he is still anxious to get married to his homosexual partner. This practice can never be found in the DPRK boasting of the sound mentality and good morals, and homosexuality has become a target of public criticism even in Western countries, too. In fact, it is ridiculous for such gay to sponsor dealing with others' human rights issue.