concentrate its energy on political stability following its power succession, putting
economic reform or opening up on the back burner – at least for a while.
74
One other revision deserves mention: the insertion that the state shall respect
and protect human rights.^75 This revision is likely to have been added in response
to international criticism of North Korea’s violation of human rights. However,
mere existence of this provision does not guarantee its enforcement. Most articles
concerned with human rights exist on paper, but little – if anything – in this regard
is put into force.
viii. the 2012 constitution: the era of kim jong-un
After Kim Jong-il passed away suddenly in mid-December 2011 , North Korea did
not wait long to formalize the official rule of the new leader, Kim Jong-un. No sooner
had the ceremony for the 100 days’ memorial service closed in March 2012 than the
Party Representatives Congress was called. On April 11 , 2012 , at the congress, Kim
Jong-un, the third son of Kim Jong-il, was appointed first secretary of the KWP, and
chairman of the Central Military Committee of the KWP. Two days later, on April
13 , the Supreme People’s Assembly was convened to crown him with the top position
of the state – chairman of the NDC.
76
Formally, then, the young new leader’s
ascendance has been completed, as now he holds the top authority of the state as
well as of the party and the military.
Before the SPA selected the new chairman of the NDC, it amended the consti-
tution once again. The major change took place in the preamble to inscribe the
late Kim Jong-il’s status and achievements. Concomitantly, a titular adjustment in
the main text was made. The new constitution declares, in the preamble, that Kim
Jong-il gloriously defended the socialism bequeathed by Kim Il-sung and trans-
formed the nation into an invincible state of political ideology, a nuclear-armed
state, and an indomitable military power, paving the way for the construction of a
strong and prosperous nation. Accordingly, Kim Jong-il received posthumously
the title “eternal Chairman of the NDC” in a similar way to Kim Il-sung’s
being named “eternal President of the Republic” in the 1998 constitution.
The 2012 constitution elevated Kim Jong-il’s standing to equal that of his father
Kim Il-sung, the founder of North Korea. In North Korea, this new constitution is
(^74) However, in the early stages of Kim Jong-un’s reign in 2012 , some significant changes
occurred, one of which was the January 2012 modification of various laws relating to reform
and opening in an effort to improve North Korea’s internal economic environment,
suggesting the Kim Jong-un regime’s realization that more immediate steps need to be
taken to rebuild the failing economy. For discussion, see Kim Min Gi, “Moves toward
change under the Kim Jong-un regime,” (August 2012 ) 35 ( 8 )Vantage Pointpp. 24 – 7.
(^752009) constitution, Art. 8.
(^76) In the case of Kim Il-sung’s death, the new constitution was announced four years later in
1998.