Tibetan Centre for Human Rights and Democracy

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Chapter 4: Rights of Women and Children - Notes

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1. Xinhua News Agency, China's White Paper on Human Rights, (Beijing, 17 Feb. 2000).

2. Tibetan Women's Association, NGO Alternative Report on the Status of Tibetan Women: 1995-2000 Prepared for the UN Beijing +5 Special Session, (New York, June 2000), 2

3. Agence France Presse, 18 August 2000

4. Ibid.

5. Tibet Daily, 2 May 2000, "One child per couple is the policy that we must try to spread and put into practice, although the Charter and the Law allows a couple to have a second child. The single child policy should also be made effective among the minorities. This policy is to be applied specifically in the Provinces, the Autonomous Regions and the Centrally Administered Cities."

6. TCHRD, Racial Discrimination in Tibet (Dharamsala, Sept. 2000), 43.

7. Tibetan Women's Association, NGO Alternative Report on the Status of Tibetan Women: 1995-2000, Prepared for the UN Beijing +5 Special Session, (New York, June 2000), 22.

8. 1999 Country Reports on Human Rights Practices, Released by the Bureau of Democracy, Human Rights and Labour, U.S. Department of State, 25 February 2000.

9. TCHRD, Impoverishing Tibetans - China's Flawed Economic Policy in Tibet (Dharamsala, Nov. 2000), 17.

10. 56th Session of the UN Commission of Human Rights, International Council of Women Statement: "Integration of the Human Rights of Women and the Gender Perspective" Violence Against Women

"... in Tibet where women who have two or more children are being routinely sterilised. Penalties for resisting abortions and sterilisation include loss of employment, and for the child the right to healthcare, food, and education."

11. In Akham Township, Ngaba County, Sichuan Province.

12. From Lithang County, Kandze "TAP", Sichuan Province.

13. Convention of the Rights of the Child, Article 8: "State Parties undertake to respect the right of the child to preserve his or her identity, including nationalityˇ" For more details, see Appendix # 4, Case 4.1.

14. Tibetan Women's Association, NGO Alternative Report on the Status of Tibetan Women: 1995-2000 Prepared for the UN Beijing +5 Special Session, (New York, June 2000), 20.

15. ibid., 27

16. Committee on Elimination of Discrimination Against Women (CEDAW), Article 16(e): "The same rights to decide freely and responsibly on the number and spacing of their childrenˇ"

17. U.S. Department of State, Human Rights Report (25 Feb. 2000).

18. From Sangchu County, Gansu Province.

19. For more details, see Appendix # 4, Cases 4.2 and 4.3.

20. For more details, see Appendix # 4, Case 4.4.

21. From Jasag Village, Machen County, Golog "TAP", Qinghai Province.

22. TIN News Update, 9 February 2000.

23. Originally from Marthang Township, Labrang County, Gansu Province.

24. International Committee of Lawyers for Tibet, "The Fabric of Fear: Children's Rights in Tibet", A Preliminary Report, 27 June 2000.

25. TIN Briefing paper Social Evils: Prostitution and Pornography in Lhasa (July 1999), 2.

26. Prostitution was banned originally in 1949, and from 1 July 1999, the "Rules Governing Public Places of Entertainment" also came into effect:
Article 25: "It is strictly forbidden for units and workers managing public places of entertainment to organise, induce, tolerate, coerce others into or introduce others to prostitutionˇ It is strictly forbidden for persons visiting public places of entertainment to engage in prostitutionˇ On discovering that persons in a public place of entertainment are behaving as set out in the preceding paragraphs, the unit(s) managing the public place of entertainment must put a stop to it and must immediately make a report to the local public security organ."
Article 40: "Units managing public places of entertainment who pay no attention to prostitution activities taking place within their units and do not adopt measures to put a stop to such activities will be ordered by public security organs to close the business for rectification and fined between 10,000 and 100,000 RMB. Where the circumstances are serious, the Industry and Commerce Administration Management Office will suspend their business license. The managing personnel and others directly responsible will be disciplined according to regulations, and will be fined an amount below 1,000 RMB by the public security organs."

27. China's White Paper on Human Rights, 17 February 2000, Xinhua News Agency, Beijing (English text)

28. U.S. Department of State, Human Rights Report, 25 February 2000.

29. "NGO Alternative Report on the Status of Tibetan Women: 1995-2000", TWA, June 2000, 27.

30. "Interview of a young Tibetan prostitute in Lhasa", October 2000.

31. U.S. Department of State, Human Rights Report, 25 February 2000.

32. From Yado village, Pashoe County, Chamdo Prefecture, "TAR".

33. Kathmandu Post, 1 March 2000.

34. TIN Interview, 22 March 2000.

35. Agence France Presse, 18 December 2000.

36. "Social Evils – Prostitution and Pornography in Lhasa", TIN Briefing Paper, 1999, 5-6.

37. "Interview of a young Tibetan prostitute in Lhasa", October 2000.

38. Xinhua News Agency, "China's White Paper on Human Rights", Beijing (English text)17 Feb. 2000.

39. International Covenant on Civil and Political Rights (ICCPR) Article 27: "In those states in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with other members of their group, to enjoy their culture, to profess and practise their own religionˇ"

40. For more details, see Chapter 2: Freedom of Religion.

41. For more details, see Chapter 2: Freedom of Religion, 25.

41A. Article published by WTN, 15 May 2000, compiled by Canada-Tibet Committee.

42. Xinhua News Agency, "China's White Paper on Human Rights", Beijing (English text)17 Feb. 2000.

43. Article 37(b): "No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child be used only as a measure of last resort and for the shortest appropriate time."
Article 73(c): "Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of their age. In particular every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances."

44. International Committee of Lawyers for Tibet, "The Fabric of Fear: Children's Rights in Tibet" A Preliminary Report, 27 June 2000.

45. People's Republic of China Constitution, 1982, Article 50.

46. Universal Declaration of Human Rights, Article 13.

47. Ngawang Sangdrol was first arrested at the age of 10 and held for 15 days. Re-arrested when 13-years-old and held for nine months without charge, she is currently serving a 21-year sentence, which currently places her release in 2013. Detained following a demonstration when she was 15, Ngawang Sangdrol has suffered extensive beatings, tortures, lengthy periods of solitary confinement, and deprivation of medical treatment, in addition to the regular brutal "exercise sessions" that all the prisoners are subjected to. Ngawang Sangdrol has received three extensions to her sentence during her time in Drapchi Prison for singing pro-independence songs and standing up to prison guards.

48. Reuters – Beijing, 26 Oct. 2000.

49. Xinhua News Agency, "China's White Paper on Human Rights", Beijing (English text)17 Feb. 2000.

50. Convention on the Rights of the Child, Article 28, 1(a): "Make primary education compulsory and available free to all."

51. People's Daily, 24 Nov. 2000.

52. International Committee of Lawyers for Tibet, "The Fabric of Fear: Children's Rights in Tibet" A Preliminary Report, 27 June 2000.

53. Tibet Daily, 18 Aug. 2000

54. For more details, see Chapter 3: Racial Discrimination, 39.

55. From village 20, Nagchu Prefecture.

56. For more details, see Appendix # 4, Cases 4.5 to 4.7.

57. DIIR publication, China's Current Policy on Tibet: Life and Death Struggle to Crush an Ancient Civilization, (Dharamsala, 29 Sept. 2000).

58. Convention for the Rights of the Child, Article 28, 1 (a): "Make primary education compulsory and available free to all."

59. From Sangchu County, Gannan "TAP", Gansu Province.

60. From Machu County, Gansu Province.

61. People's Republic of China Constitution, 1982, Article 38: "The personal dignity of citizens of the PRC is inviolable. Insult, libel, false charge or frame up directed against citizens is prohibited."

62. International Covenant on Civil and Political Rights, Article 7: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

63. International Committee of Lawyers for Tibet, "The Fabric of Fear: Children's Rights in Tibet" A Preliminary Report, 27 June 2000.

64. Xinhua News Agency, "China's White Paper on Human Rights", Beijing (English text)17 Feb. 2000.

65. DIIR publication, China's Current Policy on Tibet: Life and Death Struggle to Crush an Ancient Civilization, (Dharamsala, 29 Sept. 2000).

66. Xinhua News Agency, 9 March 1999.

67. For more details, see Appendix # 4, Cases 4.11 and 4.12.

68. DIIR publication, China's Current Policy on Tibet: Life and Death Struggle to Crush an Ancient Civilization, (Dharamsala, 29 Sept. 2000).


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