Publications

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Annual Report 2004

Chapter 1: ECONOMIC, SOCIAL AND CULTURAL RIGHTS

China has always considered Economic, Social and Cultural Rights more important than Civil and Political Rights. This is clear, as China has chosen to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR) but not the International Covenant on Civil and Political Rights (ICCPR). Through its ratification of the ICESCR, China has an obligation to adhere to the principles set forth in the ICESCR.

Article 1 (1) of the ICESCR states:
The State Parties to the present Covenant undertake to guarantee that the rights enunciated in the Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or status.

In 2003, the Chinese government on ESC rights stated:
Adhering to the principle of putting people first, the Chinese government made new efforts to promote the all-round development of the urban and rural areas, regions, economy and society, and to enhance the people’s economic, social and cultural rights. ¹

Despite the Chinese government’s claim of adhering to these principles, TCHRD has made certain observations that go contrary to the statements above, from research and information gathered from Tibet. TCHRD firmly believes that the focus of the impact of the Covenant must be on the ground and on how far individuals and groups like the Tibetans are able to enjoy the rights guaranteed in the Covenant or have the freedom to express their opinions without fear of reprisals.

Denial of economic, social and cultural rights, such as the right to receive education in one’s own mother tongue, as well as policies and projects that involve forced evictions, often affect large sections of the population. Human rights cannot be fully realized unless and until people whose rights are at stake, not only become aware of those rights, but are empowered to seek, claim and defend them. It further recognizes that the call for action in defense of economic, social and cultural rights is more likely to be heeded when the individuals or people concerned can strike a chord between the denial of their rights and their deprived existence, and then to establish a link back to the ultimate legally binding duty of the government to respect, protect and fulfil those rights.

he Chinese governmental policies in Tibet claimed to be for the benefit of the local Tibetan population. On the contrary, there are serious concerns with regard to the protection of Tibetans as a people. Although development is happening and bringing some results, the underlying political significance attached to economic growth and progress of Tibet, prevents the benefits of development from trickling down to the Tibetan people.

Furthermore, international governments and multinational companies in a rush to invest in the developmental projects in Tibet are largely failing to consider the needs and interests of the local Tibetan population. This has considerably contributed to the decline in the growth of the Tibetans’ standard of living.

The following chapters on Development and the Right to Education² will elucidate some of the violations of fundmental rights enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR), of which China is a party to.