Tibetan Centre for Human Rights and Democracy

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Annual Report, 1999 - Tibet: Tightening of Control

Curtailment of Freedom of Expression

The Chinese government authorities continued to commit widespread violations of Tibetans' rights to freedom of expression in 1999. All activities viewed as threats or vehicles for political dissent are not tolerated and forcibly suppressed. According to credible reports, serious human right abuses in Tibet include lengthy detention of Tibetan nationalists for peacefully expressing their political views.

Out of 130 known arrests in 1999, 115 Tibetans were arrested for peacefully exercising their rights to freedom of expression.

In January 1999, the Chinese government launched a three-year "atheism" campaign aimed at eroding support for Buddhism and the Dalai Lama in Tibet. Combined with the "re-education" campaign being carried out at monasteries and nunneries throughout Tibet, this threatens the survival of Tibet's unique cultural and religious heritage. "Patriotic"re-education"" part of the "Strike Hard" campaign was launched in April of 1996 by the Chinese government in an attempt to suppress "splittist" activity by tightening restrictions on monasteries and nunneries, seen by the authorities as centres of political activism. There has been widespread resistance and resentment in monastic institutions in response to this campaign. As a result, 11,409 monks and nuns are known to have been expelled from their monasteries and nunneries since 1996.

Since the Third National Forum on Work in Tibet in 1994, the authorities have been able to intensify the attack on "splittism" by portraying the most basic elements of Tibetan culture, including language and religion as threats to national unity, portraying them as disguised forms of separatism. Human Rights Watch in 1999 reported that, "[s]trict controls remained on expression, association and assembly, with political and religious dissent . . .and supporters of nationalist movements often facing arrest and detention."

Chinese authorities continue to use charges of "endangering state-security" to suppress freedom of expression in Tibet. The United Nations Working Group on Arbitrary Detention (UNWGAD) in October of 1997 stated, "Even though the nomenclature 'counter-revolutionary' crimes had been abolished, the jurisdiction of the state had been allowed to expand and acts of individuals in freedom of expression and opinion may well be regarded as acts 'endangering state-security.'" The Chinese government contends that the aforementioned category of crime conforms to the principles enshrined in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCRP), and that these two documents are subject to restrictions imposed by (national) law. When examining this claim, the UNWGAD stated, "municipal legislation that considers such activities (issuing and distributing writings or speeches, instigating national separation harmful to society, etc.) as counter-revolutionary propaganda and agitation . . . is liable to be declared inconsistent with the UDHR and ICCPR."

The year 1999 coincided with significant anniversaries in China and Tibet. Throughout the year, Chinese authorities tightened security and surveillance in all major cities and towns to prevent incidents of nationalist dissent.

In November 1999, the Chinese government issued new regulations on public assembly, requiring gatherings of over 200 people to obtain prior approval from PSB (PSB). The new regulations are believed to be aimed at members of the banned Falung Gong group who held protests in China this year, as well as targeting social unrest arising from economic factors. There are fears that these new regulations will be invoked to suppress freedom of expression in Tibet.

International Law

Article 19 of the universal declaration of human rights, states:

everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

China's National Law

Article 35 of the Constitution of the People's Republic of China declares:

Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.

Additionally, the Chinese Constitution guarantees: freedom of religious belief; inviolability of the person and their dignity; protection against arbitrary arrest; inviolability of the home; freedom and privacy of correspondence; the right to criticise.

The gulf between the laws and this application remains significant as authorities continue to place a higher priority on "stability" than on national and international laws and norms. The Tibet Information Network notes that, "[d]espite the potential for significance in revisions of law and criminal procedure, the outlook for Tibetans who express political views differing from those mandated by the state is demonstrably worse today than a few years ago."

Cases of Violation of Freedom of Expression

Approaching March 10 and October 1, the 40th anniversary of the Tibetan National Uprising and 50th anniversary of the founding of the People's Republic of China respectively, individuals suspected of political activities were detained for periods ranging from a few days to several months. Reports indicate that at least 80 people were detained in Lhasa. According to one report from Tibet, "the 'TAR' State Security Bureau has ordered security personnel to carry out a number of token arrests during the weeks leading up to March 10 in order to deter others from participating in protests during the anniversary period." Displays of Chinese military hardware and anti-riot procedures were displayed to further deter all peaceful forms of political expression leading up to the anniversaries.

Reports indicate that PSB, PAP and local police stations in Lhasa were issued with emergency orders to be alert in all political sensitive areas in Lhasa surrounding these anniversaries. Orders were issued prohibiting residents of Lhasa from assembling with two or more people in public places. Official circulars were also sent to all educational institutions and government departments ordering them to remain inside offices on the proscribed dates. Residents of Lhasa attempting to travel during these periods were required to seek permission from their local authorities. Confirmed reports indicate that Tibetans were threatened with the loss of their jobs if they did not participate in the celebrations.

Two Tibetan monks, Phuntsok Legmon (lay name: Tseten Norbu), 16 years old, and Namdrol (lay name: Sonam Choedrak), 21 years old, were arrested on March 10, 1999 for staging a peaceful demonstration in Lhasa. They were sentenced by the Lhasa City's Intermediate People's Court on charges of "plotting to split the country or undermining national security" on July 9, 1999 to three years and four years respectively.

Security was heightened during the National Minority Games, which was held in Lhasa from August 18 to 23, 1999. Chinese authorities imposed strict measures restricting attendance. However, several incidents of protests were reported prior to and during the Minority Games.

Ngawang Tsedup (21), a monk of Taglungdrag Monastery in Toelung Dechen County, raised pro-independence slogans on August 20 during a dress rehearsal for a dance performance. He was immediately arrested by security police and taken to Gutsa Detention Centre.

An unconfirmed report indicates the arrest of two monks and two nuns after chanting slogans in the presence of Chinese dignitaries at the sports stadium in Lhasa during a cultural performance to celebrate the National Minority Games.

A week before the 64th birthday of the Dalai Lama, Chinese authorities banned Tibetan celebrations commemorating the occasion. The authorities distributed a leaflet which stated "the celebration of the birthday is against the law of the country as the Dalai Lama fled Tibet since 40 years and not only does he head his clique but also never stopped his splittist activities." The custom of celebrating the birthday is viewed as propagating acts of"splittism"and instigating masses to oppose the Chinese government. The document also warns that henceforth this event is completely banned and failure to abide this shall be seen as ignoring Chinese law and dealt with accordingly.

On July 6, the day of the Dalai Lama's birthday, movement of Tibetan people was restricted and Chinese police patrolled the route to Ngachen township near Lhasa City to block Tibetans from visiting the "birthday village" (a place specifically set aside for incense burning ceremony on the birthday of the Dalai Lama.).

A monk from Gyutoe Monastery in Lhasa City named Lobsang Choephel went to Ngachen to celebrate the Dalai Lama's birthday. He was reportedly detained on the way and severely beaten.

A 60 year-old Tibetan man was returning to Ngachen when he was stopped and his bags were searched. On finding tsampa (roasted barley flour often used as an offering to deities) in his bag, he was accused of planning to commemorate the occasion and was beaten by the security personnel.

During a peaceful protest on October 31, 1999 in Kandze County, Kandze "TAP", Sichuan Province, officials of PSB opened fire at some 3,000 Tibetans. The protestors were demanding the immediate release of three Tibetan monks from Kandze Dhargye Monastery who were arrested on October 24, 1999 on grounds of suspicion of involvement in political activities. Following the protest, at least 80 Tibetans are reported to have been arrested.

On July 20, 1999, PSB officials arrested eleven monks from Kandze Dhargye Monastery after discovering pro-independence slogans on the walls of the monastery. The monks were charged with inscribing "Tibet is independent" with red paint on the gates and walls of the monastery. The details of their identifications and whereabouts are unknown.

Three monks, Ngawang Tenzin (21) from Toelung Dechen County in Lhasa, Gyaltsen Jangchup (21) from Nagartse County in Lhoka Prefecfure and Namdol Choedon (22) from Nyemo County in Lhasa were arrested after staging a peaceful protest in Lhasa during the celebration of the 50th anniversary of the founding of the PRC. It is reported that the three monks from Taklungdrag Monastery were severely beaten at the time of their arrest. Their present whereabouts are unknown.

Dakpa (23) and Riglo (22) from Tawu Nyitso Monastery in Tawu County in Sichuan Province were arrested in June 1999 on charges of placing independence posters in the streets of Tawu. They are currently detained in Tawu Detention Centre.

Lobsang Kunchok alias Choedar, a 23 year-old former monk from Kirti Monastery in Ngaba County, Sichaun Province, was arrested in April, 1999 on charges of pasting pro-independence posters in Ngaba. He was sentenced by the Barkham People's Court to five years' imprisonment.

Conclusion

In 1999, the Tibetan people's right to freedom of expression was consistently and forcibly suppressed by the Chinese government. All forms of peaceful protest are viewed as a threat to national security by the government and not tolerated; in the process, the Chinese government violated International and National law. Tibetans are prevented from participating in the cultural, religious and political affairs of their country. The Chinese government used threats of punishment and reprisals to coerce Tibetans to participate in celebrations marking the 50th anniversary of the founding of the PRC. All expressions of allegiance to the Dalai Lama, including Buddhism were repressed.


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