The Tibetan Centre for Human Rights and Democracy (TCHRD)
received confirmed information that a group of 21 Tibetan
refugees were arrested by Nepali police. The group,
consisting of refugees from various parts of Tibet, was
apprehended on the evening of 15 April 2003 at Thangkot
in the outskirts of Kathmandu.
On 17 April, the arrestees were transferred to the
Department of Immigration for interrogation by its legal
section. The same evening, fines were imposed on the
arrestees on charges of lack of travel documents. All
those above 15 years of age were imposed a visa fee of
USD 37.50 and a penalty of NRS 5000 (USD 70)each. Since
the Tibetans were unable to pay the fine they were given
prison sentences ranging from three to ten months.
Eighteen refugees out of the original 21 were then taken
to Dilli Bazaar Jail, where there were already eight other
Tibetans serving 10 years' imprisonment sentences for same
charges. However, three juveniles — two six-year-olds and
a nine-year-old — were handed over to the care of United
Nations High Commissioner for Refugees (UNHCR) in Nepal.
Out of the 18 refugees handed with prison sentences,
nine are minors below the age of 18. TCHRD is gravely
concerned about the fate of these minors.
The group comprised of Tibetans from various areas of
Tibet like Chamdo, Tawu, Karze and Lhasa. They came
via Solukhumbu (Tibet-Nepal border) having crossed the
Nangpa La pass. The group was on its way to the Tibetan
Reception Centre(TRC) in Kathmandu but were apprehended
at Thangkot. They were held that night and transferred the
following day to Hanuman Dokha. When the Tibetan Reception
Centre (TRC) staff went to release the group, the Nepali
immigration officers told them that the newcomers would
not be handed over to the TRC as usual. TCHRD considers
this refusal as a breach of the usual procedure and strays
from the Gentleman's Agreement (mutual understanding
between the Nepali government and the UNHCR for safe
transit of Tibetan refugees through Nepal.)
The government of the Royal Kingdom of Nepal has been
reluctant to involve the UNHCR and other international
agencies in the relief and rehabilitation of Tibetan
refugees. Nepal looks upon cross-border migrations as a
bilateral issue within the framework of national security
and thus the refugee issue has been ignored. Its policies
towards the refugees have been dictated by its political
relations with China. Although Nepal is not a signatory
to the Geneva Convention on Refugees, it is bound to
protect the Tibetan refugees since its ratification of
the International Covenant on Civil and Political Rights
wherein provisions have been made for the right of the
refugees to seek refuge from persecution in another
country. Nepal does not have any specific provision to
safeguard refugees. The Tibetan refugees have no legal
protection against deportation and imprisonment because
they are treated as illegal immigrants and not as refugees
fleeing persecution.
With addition of the current 18 Tibetans to the earlier 10
Tibetan prisoners in Nepali Jails, the number of Tibetan
prisoners in Nepal have now risen to 28.
Pasang Diki and Diki Dolker were released from Dilli
Bazaar Jail on 21 April 2003. They are now under the care
of TRC, Nepal.
According to exclusive information from Tibet, a reliable
source has indicated that Chadrel Rinpoche is under house
arrest in an isolated resort (Chinese: dujian cun) south
of Dib Military Camp (Tib Translit: Sgrib dmag khang)
in Lhasa. Despite his alleged release in January 2002,
upon completion of his six-year term, no one has actually
received news of his whereabouts. Therefore, on account
of the dearth of information regarding his release, he was
deemed "disappeared" by human rights monitoring agencies.
This new information contradicts official Chinese sources,
which maintain that he was freed in accordance with the
court's ruling.
In February 2002, Palden, Vice-Head of the Department
of Public Security of "Tibet Autonomous Region" and
Dorjee, Vice- Head of the Department of Police of Shigatse
Prefecture reportedly came to Tashi Lhunpo Monastery, seat
of the Panchen Lamas. The officials asked for the personal
scriptures and rosary belonging to Chadrel Rinpoche without
disclosing the reasons behind their request.
Chadrel Rinpoche is the former abbot of Tashi Lhunpo
Monastery. Following the mysterious death of the Xth
Panchen Lama in January 1989, the Chinese Government
appointed Chadrel Rinpoche as the Chairman of the Search
Party Committee for the XI Panchen Lama reincarnation.
Based on a list of 30 possible candidates for the Panchen
Lama, the Dalai Lama, after performing divinations to
determine the identity of the reincarnation, officially
declared Gedhun Choekyi Nyima as the XI Panchen Lama on
14 May 1995. Two days after this pronouncement, Gendhun
Choekyi Nyima, then six years old, disappeared and has
not been seen since.
Chadrel Rinpoche disappeared three days later on 17
May 1995. The Chinese Foreign Ministry Spokesperson,
Chen Jian, stated at the time that Chadrel Rinpoche was
not in custody but was "ill and hospitalised". During the
course of these events, the Chinese Government appointed
another child as the Panchen Lama in December 1995.
The first official acknowledgment of the detention of
Chadrel Rinpoche came two years later in May 1997 through
Xinhua, the official news agency of the Chinese Government.
It stated that the Shigatse Intermediate People's Court
sentenced him to six years' imprisonment on 21 April 1997.
Another conflicting report stated that he was sentenced
to "six years' imprisonment for 'conspiring to split the
country' and 'disclosing state secrets' which would expire
on 9 January 2000." At the time, unofficial reports stated
that Chadrel Rinpoche was detained in Trochu County (Ch:
Heishui) and later transferred to Chuandong No. 3 Prison
in the Tazhu County, East of Sichuan Province.
During a human rights dialogue with China in February 2001,
the UK Government was told that Chadrel Rinpoche had been
sentenced in 1996 and was due for release only in January
2002. This was in flagrant contradiction to an official
information given to the UK Foreign and Commonwealth Office
stating that Chadrel Rinpoche was sentenced in 1997. The
shrouded mystery and conflicting reports surrounding the
prison term and his indefinite whereabouts indicate the
political sensitivity of the case.
"After a brief schooling when I was 14 years old, I joined the
local Serkar Monastery to study Buddhism. In the monastery
we were constantly harrassed by the Chinese work teams
which hindered our studies.
"In March 1995, I put up independence posters on the shops
of Damtso Township and on the walls of our village meeting
venue to express my opposition to the Chinese officials.
The PSB came to know of my activities and arrested me. I
was labelled a "reactionary". On 11 June, I was taken to
Dingri County Detention Centre and was detained for two
months. During the detention, I endured beatings from
the prison officials. In August of that same year I was
transferred to Nyari Detention Centre in Shigatse. The
Shigatse People's Intermediate Court sentenced me to three
and a half years' imprisonment and two and half years'
deprivation of political rights.
"On 2 January 1996, I was transferred to Drapchi Prison. In
Drapchi, life was very hard for the prisoners. We had to
perform exercise drills and stand in the hot scorching
sun. At the end of the year, the prison authorities made us
write, 'Tibet is not independent.' It was part of their
assessment to check whether a prisoner is 'reformed' or
not. Most of the prisoners do not comply with the order. As
a result prisoners are meted with severe repercussions. For
instance, Damshung Sangay Tenphel died of severe beatings
on account of his refusal to comply with the order.
Many endure beatings and get injured for disobeying the
order. The medical facility in the prison is very poor.
Prisoners are left unattended even on the verge of their
death. In 1997, a monk from Taktse Sa-ngag Monastery died
due to lack of medication while in prison.
"On 1 May 1998, the inmates of Drapchi protested during a
flag hoisting ceremony. I too protested. As a consequence
I was beaten badly. When we were ushered into our unit,
Lhasang, Yeshi Jinpa, Kelsang Phuntsok, Ngawang Thupwang
did not come back to the cell. Later we learned that they
had been taken into the solitary confinement cell. In the
afternoon, the prisoners were called for a meeting. Paljor,
one of the prison officials asked Ngawang Tensang, a
Drepung monk, whether he had shouted slogans. Ngawang
intrepidly said that he did. He was immediately taken to
the isolation cell.
"On 4 May 1998, the prisoners were again taken for a
ceremony. We protested once again. That day, Lobsang
Gelek, Tenzin Choephel, Khedup, Pasang, Wangdue, Sonam
Tsering, Migmar did not arrive in the unit. They were all
given sentence extensions. As a consequence of the twin
protests, eight inmates died and many received sentence
extensions.
"On 7 December 1998, I was released upon completion of my
prison term. I returned to my native place with the thought
of rejoining my monastery but I had been expelled long
before, so I stayed at home. Although I was officially
released and staying at my home, the PSB officials
maintained constant vigilance. They suspected that I would
carry out further protests and freedom activities.
"Unable to bear the harassment and not being able to
pursue my religious studies, I decided to leave Tibet
and flee into exile. In January 2002, I left my beloved
country and reached Nepal safely after the perilous trek
through the Himalayas. After a month I left to Bodhgaya
— a Buddhist holy site in east India — for pilgrimage and
stayed at Kalimpong, a small hill station near Bodhgaya. I
live in Serkar Monastery: a monastery built in exile as
a replica of the original one in Tibet."
[ top ]
According to a reliable source,
Tsering Dhondup
is reportedly in a critical health condition.
Tsering Dhondup, head of Othok Village in Nyakchuka County,
Karze "TAP", Sichuan Province, is one of the four detainees
currently held in connection with the Trulku Tenzin
Delek's case. He was arrested two months after Trulku
Tenzin Delek's arrest on 7 April 2002.
While in Dartsedo Detention Centre, Tsering suffered
brutal beatings and torture. Reports state that he cannot
walk at all. It is reported that both his legs were
broken and that he had lost sight in one eye. Following
his sentencing, Tsering was transferred to a prison in
Nyakchuka County, possibly Maowan Prison in Karze "TAP".
However, due to his critical condition, prison authorities
of Nyakchuka refused to accept him under their custody.
Therefore, Tsering continues to be detained in Dartsedo
Detention Centre. According to a TCHRD source, Tsering
was in good condition and had no health complications
prior to his arrest.
Despite ratification of the Convention Against Torture in
October 1988, the Chinese authorities have used torture
against Tibetans as a means of extracting information
and confession. To date TCHRD has recorded 81 deaths
of Tibetans both while in custody and after release due
to torture. The failure of the Chinese authorities to
acknowledge, investigate and punish officials accused
of committing torture suggests official endorsement of
these illegal practices. Torture continues in Tibet
due to lack of legal protection for prisoners, impunity
extended to prison officials, inadequate legislation and
the subservience of the judiciary to the Chinese Communists
Party fostering an environment where officials are
encouraged to employ practices that violate the Convention.
TCHRD is concerned about the safety of Tsering Dhondup
and calls upon the Chinese government to release him
immediately on medical parole. TCHRD holds the Chinese
government accountable for the violations already committed
and it will continue to monitor this case.
Four arrestees released
While TCHRD condemns the Chinese authorities for its
illegitimate actions against Tsering Dhondup and the
continued detention of many other arrestees in connection
with Trulku Tenzin Delek's case and Trulku himself, the
Centre is happy to learn the release of four Tibetans in
the case.
TCHRD received confirmed information that four of the
eight arrested in connection with Trulku Tenzin Delek
have been released. On 6 April 2003, Tsultrim Dhargyal,
Tamding Tsering, Asher Dhargyal and Dhedhe were released
from custody. While Asher Dhargyal, Tamding Tsering and
Tsultrim Dhargyal were taken into custody on the night of
7 April 2002 along with Trulku Tenzin Delek, Dhedhe was
detained on the night of 14 February 2002.
There are still four other Tibetans currently detained and
two cases of disappearances (names unknown) of juveniles.
One of them is Tsering Dhondup who is currently detained in
Dartsedo Detention Centre. The whereabouts of the other
three, Luzi Tashi Phuntsok, Taphel and Dhondup remain
unknown.
For more details please click here
[ top ]
On 15 April 2003, a group of 100 Chinese tour guides were
sent to Tibet to bolster the tourist industry with the aim
that they will not only "publicize the beautiful mountains
and rivers of the motherland" but also "enable domestic and
foreign tourists to gain a more comprehensive and objective
understanding of Tibet's yesterday, today and tomorrow,
and resolutely struggle against all words and deeds that
distort facts with an attempt to split the motherland"
(Xinhua, 8.4.03).
This is the first group of 100 guides that will be sent to
Tibet every year for the next ten years, reported Xinhua,
the official Chinese news agency. Trained in mainland
China, the guides come from 23 provinces, autonomous
regions, and municipalities including Beijing, Shanghai,
Guangdong and Guanxi, and will work through the peak
tourist season until 15 October. This new batch comes
from 85 travel agencies across China. The China National
Tourism Administration (CNTA) implemented this programme
with the intention that these guides would also transfer
their knowledge and experience to other guides throughout
their stay (Xinhua ,10.4.03).
There has been an intense drive to further develop tourism
in Tibet. Last year, Tibet had an unprecedented 25
percent increase in number of visitors, totaling 850,000.
Li Yuezhong, an official in the CNTA declared that
"tourism will drive Tibet's economy in the future, so
it is essential to train the autonomous region's tourism
professionals." Tools to achieve this end were discussed
in November 2002 during a ten-day seminar on the "special
nature" of Tibetan tourism. The creation of textbooks and
courses at Tibet University on tourism in Tibet are part of
the effort to engender a fleet of "qualified personnel" for
Tibet's tourism industry (People's Daily Online, 23.11.02).
One official justification for the increase in Chinese
tour guides employed in Tibet is that they are fluent in
Chinese, and are thus better able to serve the Chinese
tourists. Tibet hosted over 720,000 visitors from mainland
China in 2002, yet the Tibetan tour guides who do serve
groups of Chinese reportedly speak Chinese quite well.
Some of the new guides also possess various European and
Asian language skills, but records reflect that most tours
are conducted in either English or Chinese.
Another justification found in a Xinhua report explains
that the importation of Chinese guides is due to the
paucity of guides currently in Tibet. As of 10 April,
there were only 582 guides in Tibet. However, the recent
lay-off of scores of Tibetan tour guides indicates that
the motivations may be political rather than economic.
A former Tibetan tour guide told the International Campaign
for Tibet that "The TTB [Tibet Tourism Board] used to say
very directly to us that the point of tourism in Tibet is
primarily political and that economic gain is second. This
is evident, for example, with guides because one could
have the best language skills and be very amicable and
responsible but, if their politics aren't in line with
the Party, there is no way they will be allowed to guide"
(Tibet Information Network, 17.4.03).
In July and August of last year, the TTB was instructed
to perform a thorough background check on Tibetan guides
in the Lhasa area. It required each Tibetan tour guide
to produce a letter from their respective home area
guaranteeing that they had never been to India. As a
result of this process, more than 160 Tibetan tour guides
were reportedly dismissed by January this year.
The issues surrounding the tourism industry in Tibet are
complicated, and there is a growing sense of uneasiness
about the Chinese government's intentions for not only
tourism in Tibet, but for the exiles they "welcome back".
This latest dismissal of Tibetan tour guides is just
another example of the systemic discrimination against
Tibetans. In 1997, at least 69 Tibetan tour guides were
fired and replaced with Chinese for unauthorised trips
made to India, and in July 2001 another similar directive
resulted in the expulsion of 29 tour guides from Tibet.
All had been exile returnees from India.
The Chinese government's wariness about tour guides
who have been to India has been manifested in official
policy for years. Guides have been under scrutiny
since at least 1994, when the Chinese swore to maintain
vigilance to prevent exile returnees from "colluding with
foreign tourists to harm state security." The recent
investigation and expulsion of 100 guides confirms an
alarming pattern-the number of Tibetan tour guides left
unemployed or exiled rises with each investigative sweep,
and stems from the deeply rooted opposition to the exile
community in India.
The overt discrimination against exile returnees is
startling when contrasted with the policy of return
instigated in February 2002, when China's policy of
"all patriots belong to one big family" was extended to
Tibetans. According to Xinhua, China welcomed Tibetans
wishing to return to their hometowns for "visits,
sightseeing, or religious activities" and businesspeople
"doing practical work for economic development and social
progress in the motherland." This gesture allowed for
the return of Tibetans from exile via a one-year pass or
a permanent relocation pass. The stipulations set forth
maintained that any formerly politically active Tibetans
must give up their stance on Tibetan independence,
genuinely cease "engaging in splittist activities"
and behave "in a manner that supports the motherland,"
and there would be no questions asked about any political
activities prior to the year 2000. However, human rights
monitoring agencies have been flooded with numerous reports
of arbitrary arrests, lay offs and expulsions of Tibetans
who have visited India.
Some of the complications regarding the lay offs may
have to do with a caveat in the right of return policy.
Most Tibetan tour guides are based in Lhasa, and for those
Tibetans returning from exile, permits were granted only
for one's hometown specifically to prevent people from
flooding the cities. Only if a Tibetan was originally from
Lhasa could they relocate there, and even then, a written
letter of invitation from the city of Lhasa and the exact
address of relocation were prerequisites for entry.
Despite having access to a range of policies, it is still
unclear as to why, in a region with an official dearth of
tour guides, with a policy that swears not to harass those
who have been to India, that these Tibetan guides would
be fired and replaced with Chinese. They have foreign
language skills, knowledge of Tibetan language, culture and
history, and coupled with the fact that tourists constantly
request Tibetan guides, the recent layoff of the Tibetan
guides only makes sense in the context of discrimination,
suspicion, and paranoia is characteristic of China's policy
toward Tibetans for years.
[ top ]
In June 1993, "work teams" swamped the monastery to reform
the monks through the "Patriotic Education Campaign". Yeshi
and some other monks secretly pasted posters in the
monastery vicinity to mark their protest. The Public
Security Bureau (PSB) conducted interrogations of all the
suspected monks. Yeshi and four other monks were found
to be the offenders. On 27 June 1993, PSB officials came
to arrest the monks but the local residents blocked the
PSB on their way to the monastery. The local Tibetans
put up a stiff resistance and defied every warning from
the PSB. Unable to bypass the protesting mass, the PSB
retreated.
The following night, PSB officials accompanied by People's
Armed Police (PAP) arrived in the town and posted PAP
officials in front of every houses. When people woke up in
the morning they were startled to see armed police swarming
their town. PSB officials then easily advanced towards
the monastery and arrested Yeshi and four other monks. The
other arrestees were Tsultrim Sherab (26), Ngawang Lamchen
(27), Buchung Dawa (26), andTsultrim Topgyal (28). All
the arrestees were taken to Tsethang Detention Centre and
detained for six months. During their detention, they were
interrogated and endured severe beatings.
In December 1993, Lhokha Prefecture Intermediate Court
sentenced the five monks to various prison terms. Yeshi
Jinpa received a six years' sentence, Tsultrim Sherab
three years, Buchung Dawa four years, Tsultrim Topgyal
six years, and Lamchen four years. In January 1994,
they were transferred to Drapchi Prison.
When a subsequent protest broke out in Drapchi Prison on
4 May 1998, Yeshi was one of the defiant protesters. The
prison authorities beat him mercilessly and later
transferred him to the criminal prisoners unit. Yeshi
was interrogated thoroughly during his seclusion in the
criminal unit.
In August 1998, Yeshi and the other prisoners who were
taken to the criminal prisoner unit were brought back
to their original unit. Later in the month the prison
authorities submitted the case to the Lhasa Intermediate
Court.
In October 1998, the court in a closed proceeding handed
sentence extensions to 27 prison inmates. Yeshi received
five years sentence extension to his original six years
taking his cumulative sentence to 11 years. Yeshi Jinpa
is due to be released in 2004.
[ top ]
The 59th United Nations Commission on Human
Rights was held from 17 March to 25 March 2003 in
Geneva. Ms. Norzin Dolma, English Researcher at TCHRD,
represented International Fellowship of Reconciliation at
the commission for a period of two weeks from 30 March
to 12 April 2003. The Tibetan delegation consisted of
Mr. Chhime R. Choekyapa (Representative of the Dalai
Lama to Geneva), Mr. Ngawang Choephel (Human Rights
Officer), Tibet Bureau, Geneva; Mr. Takna Jigme Sangpo,
former political prisoner from Tibet; Ms. Tsering Jampa
(Executive Director), Ms. Sussane, Ms. Kelly, International
Campaign for Tibet (ICT), Europe and US; Ms. Alyson Reynold
(Executive Director), Free Tibet Campaign; and Ms. Norzin Dolma,
TCHRD.
As part of the delegation, TCHRD representative generated
awareness about actual human rights situation inside
Tibet. Under agenda item 9 dealing with Economic, Social
and Cultural Rights of the commission, Ms. Dolma made
an oral statement on the current status of education
inside Tibet. Under item 11 dealing with Civil and
Political Rights, Ms. Dolma made another oral statement
on religious intolerance inside Tibet with particular
emphasis on "patriotic education" campaign in Tibet and the
disappearance of Gedhun Chokyi Nyima, the XI Panchen Lama
of Tibet. In total, the Tibetan delegates made six oral
statements in the main plenary and several interventions
within NGO briefing sessions. Many written statements on
specific issues of human rights concern in Tibet were
distributed during the Commission. Many governments
have highlighted Tibet issue in their statements (more
specifically the human rights aspect of it) and have called
upon the Chinese government to work towards improving the
deteriorating human rights condition inside Tibet.
The Tibetan delegation briefed several Special Rapporteurs
of the UN and delegates of both governmental and
non-governmental organisation.They attended briefings
by Rapporteurs such as Education, Torture, Freedom of
Expression and Opinion and Extra Judicial and Summary
Executions and raised urgent human rights issues within
Tibet. The delegates networked with NGOs and participated
in NGO briefings. The delegates gave interviews to both
local and international media. ¨
TCHRD commemorated the 14th birth anniversary of the
disappeared Panchen Lama, Gedun Choekyi Nyima,
on 25 April 2003.
The Panchen Lama turned 14 years old on the day.
As a symbolic gesture to mark the occassion,
53 students from six different schools —
viz., TCV Upper, TCV Lower, TCV Gopalpur, TCV Suja, Sambhota Tibetan School,
Chuantra, and Namgyal Monastic School —
participated in a TCHRD sponsored drawing contest titled
"Your World" at the main temple (Tsuklakhang) in Dharamsala.
The interested onlookers were enthralled by the children
who expressed their views of the world beautifully in
colours. The 12 best paintings will appear in TCHRD's wall
calendar for the year 2004.
Many visitors turned up for the event and asked questions
regarding the Panchen Lama and the human rights situation
in Tibet at the information booth set up at the event
ground. The Centre disseminated reports and booklets free
of cost to the interested people.
In the afternoon Ms. Tenzin Chokey, Personnel for UN
Affairs, was invited for a lecture on the "Rights of
the Child" to a group of students gathered at the TCV Day
School in Mcleod Ganj, Dharamsala.The children raised many
pertinent questions regarding the rights of the child and
its significance and relevance to the Panchen Lama's case.
Many other organisations held a candlelight vigil in the
evening to commemorate the birth anniversary. The vigil
ended at the main temple with prayers of long life and
safety for the Panchen Lama.¨
