Publications

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Annual Report 2004

Chapter 2. CIVIL AND POLITICAL RIGHTS

China has chosen not to ratify the International Covenant on Civil and Political Rights (ICCPR) which it signed on October 5, 1998 , claiming that in a developing country like China - economic, social and cultural rights of the people are more important than civil and political rights. Therefore, it ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR).

However, Beijing not having ratified the ICCPR does not mean that it is exempt from its obligation towards guaranteeing the constitutional rights of the people who live within its jurisdiction. China is also obliged to recognise and observe the principles set forth in the Universal Declaration of Human Rights (UDHR). The Preamble of the UDHR clearly states:

"Recognising that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights."

China continues to use all available diplomatic means to obstruct scrutiny of its human rights record. On the question of human rights, Beijing prefers bi-lateral dialogues to multi-lateral dialogues as it is able to put pressure on one country than many at a time. At the China-EU seminar on the ratification of the ICCPR in June 2004, China’s representatives promised to take the responsible attitude to study the ICCPR and create the conditions for the early ratification of the covenant.¹

However, China’s promises contradict with what happens in practice. During 2004, there was huge suppression of the right to freedom of opinion and expression in the country. The persecution of the Tibetan writer, Woeser for her devotion to the Dalai Lama and the Tibetan religion² exemplifies the extent of control that is being exercised by the Chinese authorities on the freedom of expression. Similarly, the arrest and instant release of three outspoken Chinese intellectuals in December indicates the extraordinary campaign of criticism launched by Beijing in an effort to stifle intellectuals.

In the year 2004, TCHRD recorded 21 known cases of arrests on charges of suspicion of activities that the government deems “endangering state security”, - activities that called for the freedom of Tibet or simply for expressing their allegiance to the Dalai Lama. The Centre also received information of at least 20 arrests of Tibetans prior to 2004. As of December 2004, TCHRD record of known political prisoners is 145.³ Furthermore, the renewal of the “strike hard” campaign in the Tibet Autonomous Region (TAR), and the intensity of emphasis on the continuation of the “patriotic re-education” campaign in monasteries and nunneries⁴ clearly indicate a tightening of control in Tibet. The announcement of the implementation of the Religious Affairs Provisions on November 30, 2004 of all religious groups in China from March 1, 2005 raises serious concerns for the Tibetan people. It is certain that religious institutions such as the monasteries, nunneries and religious schools will come under sever control. Many are likely to face ultimate closure, thus affecting the Tibetan people’s way of life.

The following three chapters on Civil Liberties, Religious Freedom and the Right to Information explains in detail some of the grave human rights violations of civil and political rights that continue to occur in Tibet.