Annual Report 2004

Publications

EXECUTIVE SUMMARY (below)
RECOMMENDATIONS (below)
Chapter 1: ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
Chapter 2: CIVIL AND POLITICAL RIGHTS
APPENDICES
GLOSSARY OF TERMS AND ABBREVIATIONS
NOTES

EXECUTIVE SUMMARY

Human Rights are rights that all persons hold by virtue of being human. Thus, they are not dependent upon the permission of the State, and they cannot be withdrawn by the State. Human rights are entitled to every person and are rights that everyone should recognize. They are guaranteed in the international human rights laws and standards.

This is not the case for Tibetans in Tibet. Basic fundamental freedoms laid down in China's constitution and its various domestic laws have their limits. Overstepping those limits has serious consequences such as jail term or worse.

Tibetans in Tibet have no liberty and freedom. Right now the people are very free, but free to experience unhealthy habits and unemployment by the environment they are in. The Tibetans are free to pursue any kind of economic activity. It is hard to ignore the lucrative money-making opportunities that Tibetans have come to see in the larger cities. However, it is also true that, with abundance of cash flow in Lhasa and the urban areas of Tibet, large number of Tibetans are getting caught up in unhealthy habits such as smoking, drinking, gambling, drugs and karaoke bars.

Tibetans and non-Han Chinese are associated with barbarism and a threat to China's territorial integrity. Tibetans in their own home country have become victims of deep-seated prejudice. A carefully chiseled policy of denial of basic fundamental rights, freedoms and justice over a period of 45 years has led to a cultural genocide in Tibet.

Human rights monitoring and protection has become an unusual challenge to the de facto impunity enjoyed by the Chinese government system. Questioning government policies could have serious consequences. Acquiring accurate information from the so-called ethnic minority regions of Tibet and Xinjang has become extremely difficult due to the secretive nature of operations and total lack of transparency.

One of the most serious concerns of all is, China’s indiscriminate use of the death penalty. Despite amendments to the Criminal Procedural Law in 1996, the continuous denial of the presumption of innocence and the right to own legal representation - many innocent people are cheated of fair trials. In addition, constant interference by government authorities in legal proceedings cast huge doubt on the independence of the judiciary. Similarly, China’s (mis) use of the “war on terror” to clamp down on dissent has lead to grave human rights violations. The government’s use of the term “state secrets” as reason not to reveal information makes it more difficult to protect human rights. A case in point is Trulku Tenzin Delek.1

China’s White Paper, “Progress in China’s Human Rights Causes” released on 30 March 2004 during the 60th session of the United Nations Commission on Human Rights (UNHCHR) in Geneva was no coincidence. Beijing’s newfound diplomatic shrewdness of this nature is not new to the international community. The hastily released White Paper seemed more of a retaliation to the US Resolution on China’s human rights record at the UNHCHR than a genuine statement of facts. In the end the White Paper was criticized more for its rhetoric by human rights groups.2 Similarly, China’s 6th White Paper on Tibet: “Regional Ethnic Autonomy in Tibet”, released on 23 May 2004, echoed the same rhetoric with nothing new to offer. If the paper was a response to the Dalai Lama’s proposal for “Genuine Autonomy” in Tibet, the Tibetan government-in-exile responded with “the white paper cannot hide the true sad state of affairs of Tibet”.

Beijing hosted the visit of the Dalai Lama’s representatives to China and Tibet for the third time in September 2004 - appearing to give a notion of an ongoing negotiation between the Tibetans and Chinese government. However, it also continues to restrict the Dalai Lama’s international movements. After many years of prolonged holdup with pressure from Beijing, Moscow finally allowed the Dalai Lama to visit the country in November 2004. Japan’s announcement to allow the Tibetan leader to visit its country in April 2005 drew sharp protest from the Chinese Foreign Ministry.

Human rights situation in Tibet did not improve in 2004. There was no let-up on many unpopular measures of control that went to describe the anxious nature of the political atmosphere. The resumption of the Strike Hard Campaign,3 the renewed emphasis on the Patriotic re-education campaign4 and the establishment of a re-education-through-labour camp in Ngari County in the Tibet Autonomous Region to check refugee flow5, are clear indications of continued suppression of the Tibetan people. As per TCHRD record by the end of December 2004, there continues to be at least 150 known political prisoners in the various prisons in Tibet.6

The government of China’s announcement of the promulgation of Religious Affairs Provisions on November 30, 2004 of all religious groups in China from March 1, 20057 is a matter of serious apprehension for all Tibetans in Tibet. The Tibetan Centre for Human Rights and Democracy (TCHRD) sees this regulation as yet another measure of control put in place by the atheist regime. The regulation “designed to keep-up with rapid socio-economic development” when implemented, will see the ultimate closure of many local monasteries in Tibet. Religion is a way of life for all Tibetans and restrictions of this nature will deprive the right to freedom of religion guaranteed under the Chinese constitution. Tibetans still continue to be arrested for expressing their allegiance to the Dalai Lama as their spiritual and temporal head. China’s atheist leadership distrusts all whose loyalties might be split, especially those for whom religion is of higher calling.

The Chinese Communist Party’s overriding aim is social order. Its greatest fear is unrest. Religious and racial tensions are highest. The ethnic clashes in November 2004 between Hui Muslims and Han Chinese villages in Henan Province that left at least seven people dead, adds to the already explosive mixture of economic and social grievance. They are stark reminders of potential chaos and fragmentation underlying China’s unstoppable economic rise. Conflicts of such nature cannot be ruled out in Tibet considering the discriminative character of Tibetans in all spheres of life.

With the rapid explosion of economic growth, change in China is inevitable albeit Chinese characteristics. In March 2004, in a historic move, the word “ human rights”, a taboo in China for many years, was incorporated into the Chinese constitution. The state official media hailed it as the “first time ever”. However, the two words fell short of any explanation leaving much room interpretation. It yet again questions China’s sincerity in its efforts towards a more open and democratic society.

As China grows more assertive about its position in the world, it is important that the world is conscious of the fact that China maybe a developing country, but is also a very determined one. It is still a regime that tolerates no opposition, deals brutally with dissent. It is one of the very few countries in the world today where there are no competitive elections, where saying the wrong thing can lead to life under house arrest or worse. It is rising quietly and gently but whether this rise will bring about change for the better is an open question.

Governments around the world have an obligation to ensure that the rising giant rises with respect for human rights and democracy. This can only be possible through concerted efforts by world leaders.

RECOMMENDATIONS

To the government of the People's Republic of China (PRC)

Civil and Political Rights

Civil Liberties:

Ratify the International Covenant on Civil and Political Rights signed on 5 October 1998, and its two Optional Protocols;
Incorporate in its domestic law a definition of torture that fully complies with the definition contained in the United Nations Convention Against Torture (CAT);
Ensure the prompt, thorough effective and impartial investigation of all allegations of torture;
Abolish all forms of administrative detention, in accordance with the relevant international standards;
Provide a definition in China's Criminal Law for the expression "endangering state security";
Consider a moratorium on all executions of Tibet political prisoners;
Revoke the death sentence on Trulku Tenzin Delek. Conduct a new and open retrial that permits Tenzin Delek access to independent legal representation.
Allow freedom of movement of Tibetans wishing to leave or enter Tibet without restrictions of any sort;
Grant the right to freedom of opinion and expression and the right to self-determination of the Tibetan people, so that Tibetans can freely choose their leaders and express their thoughts without fear of arrest or persecution.

Freedom of Religion:

Review the role of Democratic Management Committee (DMC) and the use of "patriotic re-education" campaign in religious institutions;

Release Gedhun Choekyi Nyima, the XI Panchen Lama of Tibet, whose whereabouts are unknown since May 1995;

Withdraw the compulsory education of books on political ideologies in monasteries and nunneries;

Stop the persecution of religious figures through arrests, sentencing and restrictions;

Respect Article 18 of the Universal Declaration of Human Rights (UDHR);

Right to Information:

Stop limiting the right to freedom of information;
Allow for the free and unlimited access to radio, TV and the internet and all other sources of information;
Undertake a review of the domestic legal system with a view to bringing it into line with international standards governing the right to freedom of opinion and expression;
Take concrete legislative and administrative steps towards the implementation of the principle sanctioned by Article 35 of the Constitution (freedom of the press);
Review the legal provisions of the Chinese Criminal Law and the Law of the State Secrets that is used to infringe upon the rights to freedom of opinion and expression and information;
Make legal provisions for a number of mechanisms to address the problem of a culture of secrecy within the government;
Provide a definition of "state secrets" in the domestic laws dealing with the right to access to information;

Economic, Social and Cultural Rights

Development:

Respect the principles set forth in the International Covenant on Economic, Social and Cultural Rights (ICESCR), particularly the right to self determination of the Tibetan people;
Engage the Tibetan people in the development processes and ensure that their needs are taken into account in the management of natural resources;
Encourage sustainable small-scale local projects that directly fulfill the basic needs of farmers and nomads in the Western Regions;
Use the ICESCR instruments as a reference for discussing and addressing poverty issues;
Stop the population transfer policy into Tibet;
Stop the sinicization of the Tibetan people through economic, social and cultural policies;

Right to Education :

Take steps in order to ensure that the 9-year compulsory education is free of charge for all Tibetan children;
Take concrete measures in order to make schools available in sufficient quantity in the most remote areas of Tibet;
Ensure that Tibetan children are guaranteed full opportunities to learn and study in their mother tongue as well as the opportunity to develop knowledge about their own culture;
Carry out a thorough review of history textbooks with a view to eliminating any biased presentation of the history of Tibet;

To International Agencies and Governments

Put the issue of human rights as a necessary pre-condition for all bilateral or multilateral talks with the Chinese government;
Put pressure on China for concrete results on the ground with regard to the implementation of human rights treaties;
Demand that China take concrete steps towards the abolition of the death penalty;
Urge China to allow free movement of the Tibetan people within or outside Tibet, especially of the exile returnees without fear of persecution or arrest;
Urge China to engage in meaningful and constructive dialogue with the representatives of the Tibetan people;
Urge China to involve the Tibetan people on all development projects in Tibet.

To Multinational Businesses and Corporations

Ensure the Tibetan people's participation in all stages of development projects;
Undertake comprehensive social and environmental studies and impact assessments;
Any project in Tibet must respect the sentiments and values of the Tibetan people.

[ Next: Chapter 1: Economic Social and Cultural Rights --> ]
[ Contents ] [ Recommendations]

Publications