Tibetan Centre for Human Rights and Democracy

Publications

Annual Report 2001

Right to Education - Notes

1. International Convention on the Elimination of All Forms of Racial Discrimination (CERD), Article 5(e)(iv); Convention on the Rights of the Child (CRC) see Articles 24, 26, 27

2. Art. 12(1); 14(2)(b) CEDAW

3. Art. 11 ICESCR

4. Art. 12(d) CEDAW

5. Constitution of PRC, Article 21

6. TCHRD, Racial Discrimination in Tibet, September 2000, p.48

7. Information Office of the State Council of the PRC, China’s White Paper on Human Rights: Progress in China’s Human Rights Cause 2000, Beijing, April 2001

8. See N Harris, et al.,“Nutritional and Health Status of Tibetan Children Living at High Altitudes” in New England Journal of Medicine, Vol. 344: No.5, 1 February 1 2001, pp. 341-347; United States Embassy Beijing, “Health Policy Challenges In The Tibetan Autonomous Region”, December 2000

9. US Embassy Beijing, “Health Policy Challenges in the Tibet Autonomous Region”, at www.usembassy-china.org.cn/english/sandt/tib-health.htm. p.1

10. China’s White Paper on Human Rights: Progress in China’s Human Rights Cause 2000, p.9

11. ibid

12. G Maberly,. et al., “Alarming Facts about the Health and Nutrition of Children in Tibet”, in New England Journal of Medicine, Vol. 344: No.5, 1 February 2001

13. ibid

14. ibid

15. ibid

16. ibid

17. “Health Policy Challenges In The Tibetan Autonomous Region”, p. 2

18. TCHRD Interview 5/446, 28 November 2001

19. “Aid organisations face considerable hurdles when seeking to research or provide assistance inside Tibet. A foreign-funded aid organisation, the Project for Strengthening of Tibetan Traditional Medicine hopes to avoid attention from parties that might threaten [our] status as a legal organisation. After completing its first year treating Tibetans with Kashin-Beck disease, the group trains doctors, promotes dietary changes, provides medicines and warm clothes”, 5 December 2001

20. D.C.Jayasuriya, HIV Law, Ethics and Human Rights, Har-Anand Publications, New Delhi, 1995, p.239

21. International Committee of Lawyers for Tibet (ICLT), A Generation in Peril – the Lives of Children Under Chinese Rule, March 2001, London, p. 98

22. The informant reported that doctors and nurses came to his county, Saga, and called the villagers for a meeting regarding medical advice. TCHRD Interview 65, 18 July 2001. A lack of health education: “They don’t give any advice. I never heard of such thing,” is, however, quoted in TCHRD Interviews 8, 23, 37, 30, 31, 34, 36, all of 2001

23. China Daily, “Nation vows to do more to fight HIV/AIDS”, 14 November 2001

24. UNAIDS, “Immediate Action Essential to Prevent Epidemic Taking Hold in General Population”, at www.unaids.org/whatsnew/press/eng/pressarc01/china_131101.html, 13 November 2001

25. Associated Press, “600,000 in China have AIDS and number rising by 30 percent”, , www.canoe.ca/Health010626/26_aidschina_ap.html, 26 June 2001. However, alternate reports place the likely number of those infected with HIV to be 25 times higher than this figure, and UN assessments calculate a potential 10 million HIV cases in China by 2010. See Reuters, “Chinese Measures to Slow HIV/AIDS Spread Appear Ineffective”, 20 December 2001; Reuters, “China Admits Having more than 22,000 HIV Cases”, 2 February 2001

26. “Health Policy Challenges In The Tibetan Autonomous Region”, p. 2

27. Spencer Seidman, “HIV/AIDS in China and its implications for Tibetans and other Minorities”, 2001 at http://itsa.ucaf.edu/‘seidman/HIVC2.html, p.1,

28. ICESCR, Article 15(b)

29. ICCPR, Article 19(3)(b)

30. United Nations Commission on Human Rights, “Resolution on HIV/AIDS, Article 3, Resolution 1995/44”, adopted on 3 March 1995 cited in HIV Law, Ethics and Human Rights. Protective laws aside, China was swift to take measures restricting the rights of those with HIV/AIDS. Despite the commonly held view that restrictive measures are counterproductive, it seems China has no intention of repealing such laws, and continues to support legislation which discriminate those suffering from HIV/AIDS. In Hebei Province, HIV/AIDS positive individuals are not permitted to join the military, enter school, marry, or have children. They can no longer seek employment in child-care, food related or service industries. Similarly, in Chengdu City, Sichuan, HIV/AIDS positive people are now prohibited to marry, according to legislation passed in May 2001. Furthermore, women will be “encouraged” to abort if they conceive when HIV/AIDS positive. See, Wall Street Journal “AIDS Panic in China Leads to Draconian Measures, 23 March 2001; Washington Post, “Chinese City Enacts Controversial Rules for HIV/AIDS Infected People, High Risk Groups, 15 January 2001

31. China Daily, “Nation Vows to Do More to Fight AIDS”, 14 November 2001

32. TCHRD Interview 16, 27 August 2001; TCHRD Interviews 27, 28, 31, 34, 35, 36, 58, all of 2001

33. TCHRD Interview 28, 27 August 2001

34. “HIV/AIDS in China and its implications for Tibetans and other Minorities”, p.6

35. “HIV/AIDS in China and its implications for Tibetans and other Minorities”, p.3; see also UNAIDS, Immediate Action Essential to Prevent Epidemic Taking Hold in General Population

36. “HIV/AIDS in China and its implications for Tibetans and other Minorities”, p.1

37. China Daily, “Nation Vows to Do More to Fight AIDS”, 14 November 2001

38. The Guardian, “China Finally Wakes up to AIDS Time Bomb”, 13 November 2001

39. “HIV/AIDS in China and its implications for Tibetans and other Minorities”, p.6

40. Xinhuanet, 14 November 2001

41. TCHRD Interview 35, 2 August 2001, see Case Study, Appendix

42. AFP “China TB Rate one of World’s Worst”, at http://www.stoptb.org/conference/press/Asia.Pacific/AFP.China.html

43. A man from Drira Township, Ngamring County, “TAR”, reported that the bed-fees were a significant obstacle in accessing healthcare: “If you give the rental charge, then there is a place to sleep. If you don’t have money there is no place to stay.” TCHRD Interview 8, 6 August 2001

44. TCHRD Interview 5/446, 12 November 2001

45. see Case Study, Appendix

46. TCHRD Interview 36, 27 August 2001

47. Racial Discrimination in Tibet, p.56

48. Racial Discrimination in Tibet p.58; see also TCHRD Interview, 2 November 2001, where an informant states that with regard to medical abuse, “legal redress is almost unknown to Tibetan villagers. It is not practical in Tibetan society under a Communist government; [it’s] not like a Democracy”

49. A Generation in Peril, p. 82

50. Commission of the European Communities, China: Feasibility Study for an Integrated Rural Development Project in Pa Nam County, Tibet, 1994, pp. 20, 21

51. TCHRD Interview 5/446, 12 November 2001

52. ibid

53. TCHRD Interview 8, 6 August 2001

54. TCHRD Interview 5/406, 29 June 2001

55. TCHRD Interview 66, 27 August 2001

56. TCHRD Interview 66, 27 August 2001

57. TCHRD Interview 36, 27 August 2001

58. TCHRD Interview 63, 28 July 2001

59. TCHRD Interview 8, 6 August 2001

60. Art. 5(e)(iv), CERD

61. TCHRD Interview 5/447, 18 November 2001

62. TCHRD Interview 64, 30 July 2001

63. TCHRD Interview 1, 21 November 2000, see Case Study, Appendix

64. TCHRD Interview 7, 19 February 2001

65. TCHRD Interview 28, 27 August 2001, numerous interviewees report that there are certain illnesses that are better treated by Chinese/Tibetan medicine: “If some disease has to be terminated immediately they go to the Chinese medicine doctors. And if they have to wipe out the disease from its root then they trust the Tibetan medicine doctors.” Another exile reported that “If you go to the [Tibetan] hospital the doctor will check your pulse. If he feels that you should see a Tibetan doctor he will tell you so, and if he feels you should see a Chinese [allopathic] doctor he will direct you accordingly”. TCHRD Interview 28, 27 August 2001; TCHRD Interview 64, 30 July 2001. See also Case Study 1 and TCHRD Interviews 36, 66

66. A Generation in Peril, p.84

67. See, Racial Discrimination in Tibet, p. 58

68. China’s White Paper on Human Rights: Progress in China’s Human Rights Cause 2000, p.9

69. US Embassy Beijing, “Health Policy Challenges in the Tibet Autonomous Region”, 2001, p.1

70. ibid

71. TD, an 18-year-old from Mili Tibetan Autonomous County, Karze “TAP”, Sichuan, stated that “the public do not have faith in the doctors that are in the county hospital. It seems they take a lot of money.” The lack of available doctors is also reflected in the account from TC, a 24-year-old from Ngamring County, Shigatse Prefecture, “TAR”. In the hospital in the County, there are only “two visiting doctors and one regular doctor.” TCHRD Interview 31, 4 August 2001; TCHRD Interview 34, 8 August 2001

72. TCHRD Interview 66, 27 August 2001, see Case Study, Appendix

73. TCHRD Interview, 2 November 2001, see Case Study, Appendix

74. The Swiss Red Cross noted that “There are not enough personnel trained to a high level; most personnel have had mid– or low–level training lasting typically three years or one-to-six months respectively,” International Commission of Jurists (ICJ), Tibet: Human Rights and the Rule of Law 1997, p.230

75. “Health Policy Challenges in the Tibet Autonomous Region”, p.2

76. See for example Racial Discrimination in Tibet, p.58

77. Tibet: Human Rights and the Rule of Law, p. 230

78. Racial Discrimination in Tibet, p.58

79. A Generation in Peril, p.87

80. TCHRD Interview 8, 6 August 2001

81. Kashin Beck disease (osteoarthritis deformans) is a rare endemic disease, although certain regions of Tibet have prevalence rates of up to 80 percent. The effects of the disease include retardation, birth deformities, and stunted growth, while the cause of infection is unknown. See also footnote 64; “Health Policy Challenges in the Tibet Autonomous Region”, p.3

82. A Generation in Peril, p.88

83. Tibet Child and Nutrition Project, “Tibet Child Nutrition and Collaborative Health Project”, at www.rexfoundation.org/tibet.html, Santa Cruz, 2001; A Generation in Peril, p.89

84. ICESCR, Article 12.2(c)

85. UNICEF figures, cited in A Generation in Peril p.84

86. TCHRD Interview 8, 6 August 2001

87. Cited in A Generation in Peril, p.84

88. TCHRD Interview 31, 4 August 2001

89. TCHRD Interview 36, 27 August 2001

90. See for example, CEDAW’s General Recommendation no.19; Reproductive Rights in Articles 10(h),11.2, 12, 14(b), 16; rights relating to upbringing of children Articles 5, 16

91. Committee on the Elimination of Discrimination Against Women (CEDAW), General Recommendation no. 19, 1992

92. See for example, TCHRD Interview 54, 24 January 2001; South East Asia Human Rights: NGO Seminar on Tibet, p.27

93. PRC Constitution, Article 25

94. Reply by the Chinese Delegation to the Questions of the CEDAW pre-session Working Group on China’s combined Third and Fourth Reports on Implementation of the Convention on the Elimination of Discrimination of all forms Against Women (Informal Translation),1999, p.7

95. Convention on the Prevention and Punishment of the Crime of Genocide, Article 2(d)

96. See for example, International Committee of Lawyers for Tibet (ICLT), Women’s Commission for Refugee Women and Children (WCRWC) and TCHRD, Violence and Discrimination Against Tibetan Women, December 1998, p.10; Saunders, K. Cited in TCHRD, South East Asia Human Rights: NGO Seminar on Tibet, 1998, Dharamsala, p.31 and Tibetan Women’s Association (TWA), NGO Alternative Report on Tibetan Women, 2000, Dharamsala, p.14

97. Tibet Times, 31 October 2001, p.5

98. NGO Alternative Report on Tibetan Women, p.16; See also Case Study 1

99. ibid, p.15

100. TWA, Racism and Discrimination Against Tibetan Women and Children in Tibet, August 2001

101. See Case Study 2

102. South East Asia Human Rights: NGO Seminar on Tibet, p.24

103. Tibet Information Network (TIN), Hostile Elements, London, 1999

104. TCHRD Interview 54, 24 January 2001

105. PRC, Mother and Infant Health Care Law, 1995, cited in Human Rights in China et al, “Report on Implementation of CEDAW in the People’s Republic of China”, 1998, p.81

106. ibid

107. Violence and Discrimination Against Tibetan Women, p.16

108. Eva Herzer, “UN Expert Suggests China Invite UN’s Special Rapporteur on Violence Against Women to China and Tibet”, at www.tibet.ca/wtnarchive/1999/3/18_5.html, 1999, p.1

109. TIN Update, 9 February, 2000

110. Budel Benninger Violence Against Women: for the protection and promotion of the human rights for women, 2000, France, p.108; see also Chapter on Education

111. ICCPR, Article 16, 24.1, 24.2

112. ICESCR, Article 3

113. PRC Constitution, Articles 19, 21, 46, 47, 49 relating to the rights health and education for children

114. Violence and Discrimination Against Tibetan Women, p.99

115. TIN Update, 9 February 2000

116. TCHRD Interview 59, 19 September 2001

117. TCHRD Interview 27, 21 September 2001

118. TCHRD, Human Rights Update, September 2001, p.4

120. Tibet Times, 31 October 2001, p.5

121. South East Asia Human Rights: NGO Seminar on Tibet, p.26

122. Xinhua, cited in TIN News Update, 9 February 2000

123. Violence and Discrimination Against Tibetan Women, p.12

124. TCHRD Interview 2, 17 August 2000

125. CEDAW, General Recommendation 19, 13th Session, 1994

126. South East Asia Human Rights: NGO Seminar on Tibet, p.24

127. TCHRD Interview 54, 24 January 2001

128. TCHRD Interview 4/378, 12 March 2001, see Case Study, Appendix

129. TCHRD Interview 57, 25 September 2000

130. TCHRD Interview 4, August 2001

131. TCHRD Interview 17, 11 June 2001

132. ibid

133. TCHRD Interview 60, 6 September 2001

134. TCHRD Interview 55, 11 February 2000

135. TWA Interview, October 2001

136. ibid

137. Violence and Discrimination Against Tibetan Women, p.14

138. TIN Update, 9 February 2000

139. TCHRD, Human Rights Update, January 2001, p.4

140. TWA Interview, October 2001

141. TCHRD Interview 6, 30 July 2001

142. see Case Study, Appendix

143. Cited in Violence Against Women: for the protection and promotion of the human rights for women, p.111


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