Annual Report, 1999 - Tibet: Tightening of Control
In 1999, the Chinese government continued to engage in a
premeditated and systematic policy of discrimination and
violence against Tibetan women. These "state-sponsored"
policies curtail Tibetan woman's ability to own their means
of reproduction and resist these destructive measures.
The US State Department 1999 Report on China remarked
on the deteriorating human rights record of the Chinese
government, including the violations of women's rights:
"[v]iolence against women, including coercive family
planning practices ... which sometimes include forced
abortion and forced sterilization; prostitution,
trafficking in women and children ... all are problems."
Forced abortion and sterilization of Tibetan women is
commonplace and promoted covertly by the authorities in
Tibet. According to the UN Convention on the Prevention
and Punishment of the Crime of Genocide (Article II d),
genocide is defined: as any act committed with the intent
to destroy, in whole or in part, a national, ethnic,
racial or religious group, including the imposition of,
"measures intended to prevent births within a group."
Contrary to international and national laws guaranteeing
Tibetan women reproductive rights, the Chinese government
is using a discriminatory and illegal policy aimed at
reducing the Tibetan population. This constitutes an act
of genocide.
While the Chinese government has consistently attempted to
hide these violations under impressive figures and various
programs made available for women, testimonies from Tibet
provide evidence contradicting Chinese claims. Interviews
with Tibetan women in exile indicates that Tibetan women
are consistently denied their fundamental freedoms and
human rights.
Women's rights are guaranteed in the Chinese legal
system. Article 48 of the Constitution of the People's
Republic of China states:
Women in the
People's Republic of China enjoy equal rights with men
in all spheres of life, political, economic, cultural
and social, and family life.
Evidence from Tibet reveals that discrimination
continues. The fundamental challenge for Tibetan women is
that the discriminatory practices are "state-sponsored",
and therefore they have no capacity to challenge the
policies. In a report submitted to the Committee on CEDAW
in 1999, four NGO's expressed their concern on the ability
of women to challenge discriminatory policies. "Women have
few avenues for pursuing rights claims when their rights
and interests conflict with those of the government or its
officials, or when the discriminatory treatment they have
suffered is perpetrated by a government agency."
The Chinese government's report submitted to the Committee
on Elimination of Discrimination Against Women (CEDAW)
ignored the plight of Tibetan women leading to severe
criticism during the 20th session of the UN Committee on
CEDAW in February 1999.
One of the complaints made against China by a Committee
member was that it (China) had failed to provide the
information on Tibet, which the Committee had demanded
in its last review session. The Committee asserted their
displeasure with the content of China's report, which was
found to be, "insufficient, ambiguous, lacking in details,
and therefore failed to meet the reporting standards of
CEDAW." One committee member demanded an explanation from
China regarding its population policies, especially in
areas such as Tibet where "population is not a threat."
Another expert has urged China to invite the UN Special
Rapporteur on Violence Against Women to study the situation
of women in China and Tibet.
In 1980, China signed and ratified CEDAW. Article 1 of the
Convention states:
... the term "discrimination against women"
shall mean any distinction, exclusion or
restriction made on the basis of sex which has the effect
or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their
marital status, on the basis of equality of men and
women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other
field.
One of the principal outcomes of the Fourth World
Conference on Women (FWCW) held in Beijing in 1995 was
the Beijing Declaration. The declaration reiterated the
right of women to determine freely and responsibly matters
relating to their choice of reproduction. Article 12 of
Marriage Law of the PRC states, "[h]usband and wife are in
duty bound to practice family planning." This provision
contradicts the Declaration, and in Tibet is leading to
coercive family planning measures.
The Chinese government response is that, "[f]amily
planning is one of the fundamental state policies of
China, but special policies in this regard are applied
in minority-populated regions and remote areas." The
government further claims that "[t]here are regulations
by the government that in carrying out family planning
policy in Tibet, full respect should be shown to the
Tibetan cultural tradition, ethic values, religious belief
and customs and habits. Mandatory orders or penalizing
measures in any form are strongly opposed. The current
family planning policy in Tibet has been formed in full
consideration of the realities in Tibet and wishes of the
Tibetan people."
A Chinese delegations' response to the CEDAW Committee
stated that, "Specially in Tibet, couples at childbearing
age working in the cities are encouraged to have two
children; those in rural areas are encouraged to have
more, but there is no mandatory policies or quotas to
force this."
China's White Paper on Minorities emphasised the absence
of restrictions on the number of children herders and
farmers can have. The Xinhua English version reads,
"[T]ibetan farmers and herders in the Tibet Autonomous
Region may have as many children as they like."
Contrasting the above remarks, recent testimonies from
Tibet indicate that coercive birth control policies have
been intensified. There are cases where Tibetan women have
been subjected to fines, abortions and forced sterilisation
operations as a result of non-approved pregnancies.
A report from Xinhua on June 23, 1999 stated that the
Kandze "TAP" had issued 822 household certificates to
"one-child" couples. The certificates provide families
with incentives such as: school enrolment, medical care
and employment. This encourages families to accept Chinese
birth control policies without the government having to
impose coercive measure. Although the purpose of issuing
certificates is to encourage birth control measures,
reports received from Tibet indicates fines are also
employed to pressure Tibetans to accept the restrictive
policies of the government.
Tsetan Norbu
from Chu-wok town, Ngamring County, Shigatse
Prefecture, "TAR" stated in an interview in 1999 that
since 1997 in Ngamring County, authorities set a limit of
two children per family. If families exceed this limit,
a fine of 700 yuan is collected from the father and 550
yuan from the mother. In August - September of 1998,
two Chinese female doctors were sent by the county office
to conduct sterilisation in all the villages of Ngamring
County. The two doctors inserted intra-uterine devices
(IUD) into all women who already had two children, as
part of the sterilisation process. The work was completed
within three months. Those who refused to co-operate were
reprimanded and threatened with severe penalties.
In Lichu County Kenlho "TAP", Gansu Province, families
were subjected to fines of 2,000 yuan if they had more
than two children. Furthermore, children born above this
limit are considered illegal and not entitled to rights
including education, food, and employment.
In an interview in 1999,
Chak-mo Tso
reports that in Ching-ho town, Themchen County,
county officials imposed
a fine of 1,000 yuan to the nomads who had exceeded the
imposed birth limit. In total, Tibetan nomads were required
to pay 190,000 yuan for violating these regulations. In
Shang village in Themchen County, one woman was fined 5,000
yuan for exceeding the prescribed limit. This woman was
unable to pay the fine, and was forced to borrow money
from a County bank. She was unable to repay the loan,
and continues to pay on the accumulating interest. In
Druk-Chung town in Themchen County, women above 18 years
old were forcibly sterilised. Some women refused the
operation, and the Chinese authorities sent "unqualified"
doctors to the village and performed the sterilisation.
Kyizom,
a 32 year old woman from Shel-kar town, Tingri County,
"TAR", reported that the Chinese authorities set a limit
of two children per family in her town. Those women
who already had two children were ordered to undergo a
forced contraception method whereby two needle pins are
implanted in the left arm, releasing time-delayed chemical
contraception. Kyizom was inserted with the needle four
years ago and she has never conceived. In her village,
there are three families who have paid a penalty of 1,000
yuan each for having violated the birth control policy.
Dukar Kyi
is a 30 year-old woman from Mekhor town in Ngaba County,
in Ngaba "TAP". In her village, the Chinese authorities set
a limit of three children per family. If parents exceed
this limit, a fine of 800 to 1,000 yuan is collected
from them, and the "extra" child is denied education
and property rights. The child is denied a ration card,
which entitles him/her to food.
While implementing the birth control policy in Tibet,
coercion is imposed on the spacing of children. This is
in direct violation of Article 16 (e) of CEDAW, which
ensures that women have the right to:
... decide freely and responsibly on the number and
spacing of their children ...
Four officials from Jinja/Shaho town
and five Chinese family planning officials from Landrou
came to Lhabrang in Sangchu County, Sichuan Province
(Tibet: Amdo) in February 1999. They announced that
all women below twenty years old cannot get married
and those above twenty have to acquire a marriage
certificate. Failure to obtain this certificate leads to
a fine of 600 yuan. Each family cannot have more than two
children and there must be a three-year spacing between
children. Parents who do not abide by this rule face
another 300 yuan fine.
Refugees from Tibet testify to the repressive and violent
birth control measures imposed on Tibetan women. There
are cases of coerced sterilisation resulting in health
complications and in other cases, death. A refugee from
Dangkor Town in Sershul County, Sichuan Province, testified
that all women who had given birth to three children had
to undergo a sterilisation operation. Twenty women fell
sick as a result of the operation. Norbu Tso, a farmer
from Lushul town in Kandze County, Kandze "TAP", reports
that Chinese authorities regularly visited his village
to instruct them not to have more than two children. The
authorities announced at the end of September 1997, that
a penalty of 1,000 yuan would be charged for any child
born above the quota. His younger sister, Dolma Lhamo
paid 1,000 yuan fine for having a third child. Norbu Tso
reports that there are many people in his village who
had to pay the fine. Moreover, all women who had already
given birth to two children were ordered to undergo
sterilisation. Tso reports that women were operated on
regardless of their physical condition. Sothar Dolma,
a twenty-nine year-old woman died seven days after she
was sterilised. The doctors later gave her cause of death
as "internal ailments."
In
Jinja
town, a woman underwent a sterilisation operation
in July 1998. She was in her mid twenties and at the
time had three children. The woman died four days after
the operation in the hospital. The family of the deceased
received 50,000 yuan as compensation. The hospital gave
the reason for her death as "suffering from other internal
disease."
China's policy of family planning in Tibet is vague,
and lacks transparency and accountability. The Chinese
authorities have claimed that "forced abortion and
sterilization are absolutely non-existent." They have
stated that birth control is voluntary, but these claims
are untenable in light of the overwhelming evidence from
Tibet.
An official report in the "Tibet Daily" of March 23, 1998,
stated "the birth control policy introduced in Nyangdren
town in Lhasa City was a huge success. This successful
policy has been implemented with regard to both the family
planning procedures of the People's Republic of China and
the existing conditions of Nyangdren town." The report
also states that the family planning authorities have
carried out the policy with "full co-operation" from the
local people.
In
Nyangdren
town, 342 out of 379 married women underwent
sterilisation. This figure represents 90 per cent of the
total married women in Nyangdren. Additionally, 295 women
were provided with contraceptive pills.
An official of the town authority applauded the "successful
performance" of the Department of Health. He commented
that the birth control policy has "directly resulted in
the alleviation of the living conditions and reasonably
increased the economic growth of the people." The Chinese
government has continually endorsed such illicit "state
policies" by drawing a link with growth in the economic
sector.
Tibetan women constitute approximately 35 per cent of the
total population of political prisoners in Tibet. There are
currently 162 female political prisoners in Tibet, eleven
of them are serving more than 10 years' imprisonment.
Torture and ill-treatment of women is endemic, and sexual
abuse and rape of Tibetan woman are consistently reported.
During the 1999 CEDAW Committee meeting, an expert asked
China to address the situation of custodial violence
against women in its next report; including the description
of detainees, their crimes, and the occurrence of torture
in prisons.
Norzin Wangmo,
a former Shugseb nun reached Dharamsala, India on November
28, 1999. She was sixteen when she received a five-year
sentence on September 13, 1994 for advocating Tibetan
independence. During interrogation, Wangmo was hit hard
on her right eye with a rubber cord, causing permanent
injury. She was charged with "counter-revolutionary"
activities, and served her term in Drapchi Prison with
adult inmates. In 1996,Wangmo along with Ngawang Sangdrol
and two other nuns were punished and confined to a solitary
cell for 45 days. The four nuns were accused of being
responsible for leading a protest in the prison.
Lobsang Dolma,
a former Garu nun arrived in Dharamsala, India at the
beginning of 1999 after serving five years in Drapchi
Prison. She was initially detained in Gutsa Detention
Centre for eight months. While in Gutsa, she was severely
treated. During one interrogation session, Dolma was
kept standing for 12 hours in a stretch and one another
occasion, she was struck on her ear causing permanent
injury. In Prison, Dolma fell ill with appendicitis.
However, she was denied medication when the prison
doctor declared her "fit". Her health deteriorated and
on admission to the hospital the doctors recommended
surgery. The head of the prison unit refused to sign the
necessary "agreement" papers to allow surgery. They told
her to wait until she was released, which was two years
away. Dolma's parents pleaded on her behalf, and finally
she was allowed the operation on the condition that she
returned to the prison immediately after the surgery.
A week after her operation, her stitches were removed,
and she was given eleven days rest. Upon completing her
rest period, she was ordered back to work and required to
participate in military exercises. She continued under
the regimented prison conditions despite being in constant
pain.
Ngawang Sangdrol,
alias Rigchog, who is serving 21 years' imprisonment in
Drapchi Prison, was suspected of being a "ring-leader" of
the May 1998 Drapchi Protests by Chinese authorities and
singled out for ill-treatment. Reports indicate that since
the protest last May, Sangdrol and another nun, Ngawang
Choezom from Chubsang Nunnery, have been subject to harsh
treatment and were placed in solitary confinement. Former
political prisoners who fled into exile testify that
Ngawang Sangdrol suffered severe beatings resulting in her
being bedridden for three days. "She did not even have the
strength to hold her head nor pull up her trousers. After
approximately three days, she could barely walk. She had
to drag one of her legs while walking, and one arm was
supported by a cloth, slung over her neck."
The Chinese government claims that Tibetan women enjoy the
same freedom as men in Tibet to conduct normal religious
activities under the protection of the constitution
and laws of the country. In 1999, there were continued
reports of arrests and detention of nuns for peaceful,
legal activities, as well as expulsions from religious
institutions.
"Work teams" continue to visit nunneries in Tibet to
conduct "patriotic re-education" campaigns Since 1996,
39 nunneries have been subjected to "re-education", eight
are reported in 1999. 1,729 nuns have been expelled from
their nunneries since 1996; 196 were reported in 1999.
Ten nuns
from Drayib Nunnery in Taktse County, Lhasa
Municipality were arrested in March 1998 for not complying
with "re-education" conducted by Chinese officials. The
arrested nuns were kept in Taktse County Prison for four
days and later taken to Seitru Detention Centre where they
were interrogated and beaten. They were released after two
months detention in May 1998. Voluntary de-population of
nunneries is prevalent.
Novice nuns below the age of sixteen are frequently
expelled and ordered to return to their villages. In some
cases where nuns have refused to comply with "work team"
demands, officials have threatened them with confiscation
of their families' property.
International Human Rights Law guarantees that persons
with mental illnesses shall not be discriminated against
or denied any rights afforded the general population.
The UN General Assembly adopted The Protection of Persons
with Mental Illness and the improvement of Mental Health
Care on December 17, 1991. Principle 1 (5) states:
Every person with a mental illness shall have the right
to exercise all civil, political, economic, social and
cultural rights as recognised in the Universal Declaration
of Human Rights, the International Covenant on Economic,
Social and Cultural Rights, the International Covenant
on Civil and Political Rights and in other relevant
instruments, such as the Declaration on the Rights of
Disabled Persons and the Body of Principles for the
Protection of All Persons under Any Form of Detention or
Imprisonment.
China introduced a national law known as "The Maternal
and Infant Health Care Law" in October, 1994 which came
into effect in June 1995. Under this law, the government
stipulates the right to marriage and birth are based
on the physical suitability for reproduction. "The law
specifically mentions that it will use sterilization,
abortion and bans on marriage to prevent people from
passing on mental disabilities and disease to their
children." The permission to marry under such circumstances
is granted if the couple "agree to take long-lasting
contraceptive measures or give up a child by undergoing
litigation."
The Chinese government has stated that, "The family
planning policy as in place in Tibet is as a matter of
fact the policy of encouraging few and healthy birth."
The potential for misapplication of such policies is extremely
dangerous in light of the coercive birth control policies
of the Chinese government in Tibet. "In May 1990, the
Chinese authorities announced without any evidence that
there were 10,000 mentally handicapped people in Tibet,
and that this was a sign of inferior population quality."
In 1996, during the concluding observations on China by
the Committee on the Rights of the Child, the Committee
expressed concern at the persistent practices leading to
cases of selective infanticide.
Considering the relative sparse population of Tibet, the
illegal and violent methods of birth control imposed on
Tibetan women by the Chinese government must be viewed as
an attempt to reduce the Tibetan population. According to
the United Nations, this is an act of genocide.
Tibetan women are denied the right to own their own means
of reproduction, and are being forcibly sterilised at an
alarming rate. Involuntary abortions, threats, penalties
and fines for unauthorized children, all further infringe
on women's rights in Tibet. Because these policies are
government directed or authorised, there is little Tibetan
woman can due to prevent these acts.
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