Human Rights Update and Archives

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JANUARY 2004

Executive Summary of Annual Report 2003: Human Rights Situation in Tibet  [ read ]

Profile of a current political prisoner

A Tibetan Teacher sentenced to five years' imprisonment term  [ read ]

TCHRD Activities Bulletin:

TCHRD attends World Social Forum in Mumbai, India  [ read ]

Executive Summary of Annual Report 2003: Human Rights Situation in Tibet

Foreword

However, this was not to be. Throughout 2003, measures aimed at strengthening the rule of law and judicial institutions continued to be undermined by political campaigns against those suspected of opposing the Beijing government. Serious restrictions and repressions of the rights to freedom of expression, association and religion occurred. Arbitrary detention and imprisonment, unfair trials, torture and ill-treatment and execution saw no let up. Threats to nationalism, state security and social stability were used to justify crackdowns on the Tibetan people.

The execution of a Tibetan, Lobsang Dhondup, on 26 January and the sentencing to death of Trulku Tenzin Delek, a highly respected lama, saw the re-emergence of China’s hardline approach towards Tibet. The extension of the 2001 “strike hard” campaign in July for a third consecutive year gave continued legitimacy for the authorities to crackdown on activities deemed “splittist” or “endangering state security”. Tibetans continued to be at the receiving end of these broad and ambiguous reasons for detentions that China refuses to interpret.

For the Tibetans in Tibet, the closed-door trial, the death sentences and the immediate execution came as a frightening message reminding them of China’s potential for brutality. The nature of the trial and its proceedings left monitors in doubt over the fairness of the judicial process. This cast a shadow over progress in other areas that China claimed to be making. The sudden manner in which the execution was carried out by the Chinese authorities despite its assurances to the US, EU, and the international community for a lengthy judicial process, indicates that China will always follow its own agenda.

The Tibetan Centre for Human Rights and Democracy (TCHRD) strongly condemns China’s use of the term “state secrets” in its revised 1996 Criminal Procedure Law (CPL). The term is used as justification for denying suspects access to lawyers during the investigation stage. The CPL also grants enormous power to the police to detain suspected persons. A glaring example of the CPL failing to protect critical procedural rights for criminal suspects and defendants was the blatant denial in of independent legal counsel to Trulku Tenzin Delek by Sichuan Province People’s Court on the grounds that the case involved “state secrets”. It also explained the discrimination against “politically disadvantaged” defendants.

“The Chinese authorities have failed to explain publicly why the case is considered to be connected to state secrets, and the evidence used to convict him remains unclear”. Amnesty International Report : People’s Republic of China: Miscarriage of Justice? The trial of Tenzin Deleg Rinpoche and related arrests, October 2003.

China is paranoid about the influence of Tibetan Buddhism. The Dalai Lama’s continuing charisma is seen as a uniting force for Tibetans and a potential threat to the unity of the motherland. This fear is apparent in the control measures taken by the authorities to totally undermine religious studies and activities. Examples of some of the control measures are, the prohibition of display of the Dalai Lama’s portrait, closure of schools that are suspected to be teaching “splittist ideologies”, constant interference by the authorities in the religious and administrative affairs of monasteries and nunneries and the “patriotic re-education” of monks and nuns that teaches loyalty to the state above religion. These restrictions are in total contradiction to China’s own national constitution that guarantees freedom of religion and its practice.

Promises made by China during the year at bilateral and multilateral meetings on human rights simply ended in disappointment. In effect, these promises were simply tactics by China to buy time to deflect criticism. In August, the Bush administration accused China of backsliding on its commitments on human rights that were made in December 2002, which persuaded the US not to pursue a resolution condemning Beijing at the United Nations Commission on Human Rights forum in Geneva in March/April 2003.
“there were definitely promises made and they have not kept them. It’s not just abouthuman rights at this point. The question being raised now is, “How much can we trust commitments that are made by the Chinese?”, said John Kamm, a human rights activist in San Francisco, who monitors the PRC.

Beijing’s preference for bi-lateral discussions is simply aimed to halt public condemnation of its human rights record at multilateral forums when bilateral diplomacy necessitates a commitment on the part of those negotiating to set up measures of accountability, transparency, and repercussions for noncompliance.

“Until now the EU has been held hostage to China’s insistence on mutual respect and non-confrontation on human rights issues, locked in a formal ‘human rights dialogue’ that has produced no relief for the victims of human rights abuse in China, but in a mature relationship all parties recognize that the relationship has to achieve results”, according to Dick Oosting, Director of Amnesty International, EU Office, Brussels.

China boasts of its huge investments and mammoth development projects in Tibet. It is customary that any development project must advocate the people’s right to self-determination including control over use of their land and natural resources. However, in Tibet, the Tibetans are excluded from consultation or effective participation. The urban development projects in Tibet are meant to consolidate China’s economic and political control over Tibet. The resultant influx of tens of thousands of Chinese settlers have further denied the Tibetan people their livelihood. TCHRD views the current development projects in Tibet to be assimilationist in nature. The acceleration of these projects will finally complete the cultural genocide of the Tibetan people.

In March 2003, China released a new policy document on Tibet entitled Ecological Improvement and Environmental Protection of Tibet. The paper defends the PRC’s development plans for Tibet stating that it attaches great importance to the environmental protection of the land. However critics, including the Tibetan people, are skeptical over the ambitious projects and dismiss the report as propaganda, saying that in reality the economic development of Tibet is damaging the environment. Beijing dismissed the critics by saying that environmental concerns should not check economic development.

“Although public statements single out environmental priorities, in reality they come way behind strategic and economic concerns.” Kate Saunders, Tibet Specialist.

Beijing’s paper on National Minorities Policy and Its Practices in China, 2002, strongly opposes ethnic discrimination or oppression of any form and purports to respect and protect the freedom of religious belief of ethnic minorities and the use and development of spoken and written languages of ethnic minorities. Tibetans are labelled an “ethnic minority” by China.

Despite the policy, Tibetans continue to be discriminated against. Beijing’s intolerance towards the Tibetans’ practice of religion, and the closure of Tibetan schools which promote indigenous religion, culture, and written and spoken language, breaches its own policies as well as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) which China signed in 31 March 1996, and ratified in 29 December 1981.

In May 2003, 18 fleeing Tibetan refugees were forcefully deported back to Tibet by Nepal at China’s behest. Amnesty International in its press release on 2 June, 2003 called the forcible return of Tibetans to China unacceptable and states
“This operation was carried out in blatant disregard for international human rights and refugee law standards”, and “We fear that these people could be at risk of torture or other serious human rights violations and are calling on the Chinese authorities to provide immediate guarantees for their safety.”

In November the Chinese Ambassador to Nepal, Sun Heping, announced that his country will stop the future inflow of Tibetan refugees, calling them “illegal immigrants”. These measures will seriously hinder the freedom of movement of the Tibetan people in the future. With stepping up of restrictions over the borders it is feared that more Tibetans will be caught and arrested.

TCHRD views steps taken by the Chinese government to control the right of freedom of movement of the Tibetan people beyond their borders as also being a direct attempt to curtail the free flow of information to the outside world.

China’s Minister of Information, Wang Xudong, presenting a speech at The World Summit on the Information Society in Geneva on 10 December 2003, did not make a single mention of his country’s lack of - or the need to improve­ - the right to freedom of information, freedom of speech and or expression. Instead he spoke on development as the basis for building an information society. A clear demonstration of China deflecting attention from real issues.

Receiving and imparting information, exchanging ideas and opinions and discussing them are vital for change and improvement in any society. Conversely, in China several laws and regulations have been introduced since, 1993 that seek to curb the use of information technology. Amnesty International report : “The PRC: State Control of the Internet in Chin 2002, states that as many as 33 people have been detained for using the internet to circulate or download information.

In Tibet the use of internet by Tibetans remains low compared to their Mainland Chinese counterparts; this could be partially attributed to the low education and literacy rate in Tibet. Nonetheless, control of other avenues of information, such as jamming of radio and television, remain in place. During the year many Tibetans received lengthy sentences for providing information to the outside world.

Conclusion

TCHRD condemns this policy of deceit that China engages in to hide the brutal reality of the human rights situation of its people.

Despite changes and slow reforms, China is still an authoritarian regime that has done very little to initiate any real process of democracy or improve the civil and political rights of its people. China knows the key to improving human rights is democracy, but it is not making fundamental concessions towards democracy.

The SARS cover-up early in the year is a stark reminder that China is still a repressive regime that has been compulsively deceitful for more than 50 years. It also reminds one of the chilling reality of censorship under the communist regime - as well as the importance of the freedom of information in fostering transparency, rule of law and human rights in China.

As China continues to reach out to the world, beefing up scores of political contacts, emerging as an active player in the international arena, expanding its influence and refining its diplomacy to become as one of the world’s great powers, the free world must remind itself that it also has a responsibility to ensure that China respects the human rights of its own people, the Tibetans, and others within its territory. China may have become smarter and more sophisticated – but not necessarily kinder or gentler.

The Tibetan Centre for Human Rights and Democracy (TCHRD) believes that, so long as democracy, rule of law, and respect for human rights are lacking, the PRC cannot claim genuine development.

Recommendations

• Ratify the International Covenant on Civil and Political Rights signed on 5 October 1998;
• Invite all Thematic Special Rapporteurs of the UN Commission on Human Rights, government monitoring teams, journalists and NGOs and allow free access to visit persons and places without government control;
• Release Trulku Tenzin Delek immediately and unconditionally;
• Release Gedhun Choekyi Nyima, the XIth Panchen Lama of Tibet; whose whereabouts have been unknown since May 1995, and let him live as a free child;
• Release all prisoners of onscience held in prisons and detention centers in Tibet;
• Improve the legal system. Clarify the scope and extend of the term “state secrets” in the Criminal Procedural Law (CPL) that is used to indict innocent people;
• Create a system of free and fair trial for people accused over political, religious and other reasons;
• Allow the free movement of Tibetan people wishing to travel outside Tibet and allow them to return to their homeland freely, without fear of harassment or arrest;
• Grant Tibetan people the right to freedom of religion and its practice. Stop the campaign imposing atheism in Tibet; Stop the anti-Dalai Lama campaign targetting Tibetan people; Stop limiting the number of monks and nuns and and their admission to monasteries and nunneries,
• Stop limiting the right to freedom of information, expression and opinion and allow free unlimited access to radio, TV broadcasts and the use of Internet;

• Submit its initial report to the UN Committee on Economic, Social and Cultural Rights which was due on 30 June 2002;
• Having ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR), respect the Right to Self-Determination to preserve their culture and identity;
• Involve and allow direct participation of the Tibetan people in the development projects in Tibet. China must ultimately respect the will of the Tibetan people in all development projects that are being carried out in Tibet;
• Implement the recommendations of the UN Special Rapporteur on Education, Ms. Katarina Tomasevski, i.e; full integration of human and minority rights in education policy, law and practice as well as a unified legal framework based on every child’s right to free and compulsory education.

• Put the issue of human rights as a necessary pre-condition for all future talks with the Chinese government;
• Demand concrete results from China on its implementation of human rights treaties and obligations to the United Nations and the WTO;
• Urge the Chinese government to unconditionally release: Trulku Tenzin Delek, Gedhun Choekyi Nyima, the XIth Panchen Lama of Tibet and All prisoners of conscience from prisons and detention centres in Tibet.
• Urge China to implement its obligations to all United Nations Treaties signed by China (see annexure), as well as its commitments to the WTO;
• Demand that China allow freedom of movement to Tibetan people within or outside Tibet and allow free return to their homeland without fear of persecution or arrest;
• Demand China to stop the use of extreme torture of prisoners and detainees to extract confessions;
• Urge China to engage in a meaningful dialogue with the representatives of the Tibetan people.
• Engage seriously with the Tibetan people and ensure their participation at all stages of development projects;
• Demonstrate support to the local Tibetan people in all activities;
• Undertake comprehensive social and environmental studies and impact assessments;
• Ensure the achievement of sound environmental safeguards;
• Provide sustainable development initiatives that bring desired community benefits.
• Lastly, any project must respect the sentiments of the Tibetan people.

Executive Summary

China signed the International Covenant on Civil and Political Rights (ICCPR) in October 1998. However, it is still to ratify the treaty.

The Preamble of the ICCPR states:
Recognizing 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.

Considering the obligation of States under the Charter of the United nations to promote universal respect for, and observance of, human rights and freedoms.

Tibetan people continued to face hardships in the exercize of their fundamental rights and freedoms. The drop in the number of arrests are no indication of improved conditions. Targeting of religious institutions and figures on charges of inciting “splittist activities” were carried out. Several people were detained for alleged crimes for which there was no evidence. Secret trials and sentencing of suspected persons were rampant. The last few years have witnessed a slight but noticeable shift in the number of incidents and arrests from the usually restive “TAR” region to eastern Tibetan areas outside the “TAR” such as Sichuan and Qinghai provinces, the traditional areas of Amdo and Kham.

In 2003, China’s sentencing of two Tibetans to death, followed by the swift execution of one of them indicated that the rule of law is not prevalent under the country’s new leadership.

Reports of arbitrary detention, ill-treatment and torture were reported to TCHRD during the year. Similarly, restrictions over the enjoyment of religious and cultural festivals remained high. This situation remained tensed on special days of the Tibetan calendar, including religious and cultural festivals. Reports of Tibetans being detained and sentenced to long prison terms for exercizing freedom of speech and expression were reported to TCHRD. China ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) in March 2001.

Religion

Article 36 of China’s Constitution with regard to Religious Freedom states
Citizens of the People’s Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.

Religious bodies and religious affairs are not subject to any foreign domination.

Restrictions on the right to freedom and practice of religion in Tibet violates the fundamental rights guaranteed by China’s own Constitution and international laws.

In 2003 there was intensification of the drive against the display of the Dalai Lama’s portraits in certain parts of Tibet. Tibetans were threatened with severe consequences such as land confiscation if the orders were not obeyed. Interference by the Democratic Management Committees in the administrative and religious affairs of monasteries and nunneries in an effort to mould religious studies and practices to fit the framework of Communist ideology remained. Schools imparting religious education, such as the Ngaba Kirti Monastic School in Ngaba Prefecture, Sichuan Province, were orderd closed.

Beijing’s attempts to promote atheism in Tibet with political drives such as the “patriotic re-education” campaign and the anti-Dalai Lama campaign have led to the degenaration of Tibetan Buddhism in terms of debating, meditating, writing, thinking and listening.

Gendhun Choekyi Nyima, the XIth Panchen Lama recognized by the Dalai Lama in May 1995, continues to be detained by the Chinese authorities for the eighth consecutive year. China claims the boy and his family are in “protective custody” and has refused to free them despite appeals and pressures from the international community.

Development

The Preamble to the ICESCR states:
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of the human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms

The United Nations Resolutions of 1961 and 1965 called upon the People’s Republic of China (PRC) to respect the self-determination of the Tibetan people. China’s ambitious development projects in Tibet - which include the Qinghai-Tibet railway project, the South-North Water Diversion Project (SNWDP), numerous dams and hydro-electric power plans in eastern Tibet and plans to modernize Tibet - are devoid of Tibetans’ participation thereby denying the “right to self-determination” of the Tibetan people. These economic developments do not respect the sentiments of the Tibetans with regard to their land, culture and religious identity. Serious concerns raised by Tibetans, and critiques on some of the development projects that could have disastrous impact on the environment and ecological balance of the region, have been ignored. The much-vaunted Western Development Program will facilitate extraction of Tibet’s natural resources to the benefit of China. The influx of hundreds of thousands of ethnic Chinese workers into Tibet create huge livelihood problems for the indigenous Tibetans. The direct beneficiaries of these development projects are largely Han Chinese in the PRC’s industrialized regions.

Subsistence

Article 1. 1 and 2 of the ICESCR states:

All peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

Chinese official statements lay claim to having achieved high living standards for the Tibetan people since the People’s Liberation Army (PLA) took over the country in 1959. However, studies by the United Nations Development Program (UNDP) and the World Bank indicate otherwise. According to their studies, Tibet remains one of the poorest regions in the world. Many of the government’s plans to urbanize and develop Tibet in effect end up marginalizing the Tibetan people. This has created wide disparities between the rich and poor and the rural and urban areas. The economic growth in rural areas remains unchanged and Tibetans continue to live in abject poverty. Tibetans arriving from Tibet can best tell the story of their lives. Every year, an average of 2500 Tibetan refugees flee Tibet in search of freedom and better living conditions.

Beijing’s development projects in Tibet have caused serious problems and anxieties among local Tibetans. In the name of environmental protection under the Western Development Program, many local Tibetans are forcefully evicted and resettled against their will. Rampant corruption, discrimination and added political sensitivities drive Tibetans further away from enjoying the benefits of development projects in Tibet.

The SARS crisis in China early in the year exposed the lack of effective community education on health care in Tibet. Coupled with this, and high medical costs, Tibetans are dying from illnesses and conditions that could be easily treated, such as diarrhea or pneumonia. Tibet has a very high rate of tuberculosis. The general unreliability of statistics on health in Tibetan areas often reflects an unwillingness or fear at a local level of being held accountable for poor conditions of health such as malnutrition or an outbreak of disease. Officials in Tibet are often unwilling to report on health issues of particular concern in their local area – as they may prefer to convey the impression that the situation in the area under their authority is under control.

Education

Article 13.3 of the ICESCR states:
The State Parties to the present Covenant undertake to have respect for liberty of parents, and , when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

Chinese authorities control the system of school education and school curricula that is in total contradiction to official statements that Tibetans control their own education system. Preference given to Chinese language as the medium of instruction has resulted in Tibetan children being unable to read or write in their mother tongue. Parents are forced to send their children to Chinese schools as knowledge of Chinese language is an essential criteria for higher education and future employment. Recently, the authorities in Tibet forced the closure of two Tibetan schools that imparted education based on Tibetan culture and Buddhist philosophy. Tsang-Sul School in Lhasa was ordered closed in August 2002 and in July 2003, Kirti Monastic School was closed down and its patron, Soepa Nagur, disappeared.

The UN Special Rapporteur on the Right to Education, Katarina Tomasevski, upon her return from a two-week official visit to China in September, 2003 expressed dismay at Tibet’s literacy which was only 39.5 percent contradicting China’s claims to achieving high standards of education for children in Tibet. The Special Rapporteur recommended full integration of human and minority rights in education policy, law and practice.

This year, TCHRD’s Annual Report 2003: Human Rights Situation in Tibet focusses closly on some of the major issues of human rights violations in Tibet against the backdrop China’s own national laws and the international treaties it has signed - that require certain fundamental obligations by Beijing with regard to human rights, based upon information and cases received by TCHRD during 2003.

Despite the difficulties and challenges faced by the Centre in its attempts to document accurate information, we have collated enough evidence to convince the world of the existence of gross human rights violations in Tibet today.¨

PROFILE OF A CURRENT POLITICAL PRISONER

A Tibetan teacher sentenced to five years’ imprisonment term

Nyima Tsering, 65, was born in Gyantse County, Shigatse Prefecture, Tibet Autonomous Region (“TAR”).

Early in life, Nyima became a monk at Shinae (zhi gnes) Monastery in the county. Apart from Buddhist spiritual teachings, he learnt Tibetan grammar and poetry. He became well versed at Tibetan language due to his sheer enthusiasm and hard work.

In the 1970s, Nyima began to teach at a goverment school in Dunshang Township. The students loved and respected him immensely.

During the time Nyima met his wife and they had two sons and a daughter. In 1985, Nyima’s wife died and the whole household responsibilities fell on his shoulder. Yet, he taught the students whole heartedly and never compromised on his students enthusiasm for wisdom.

Nyima was later transfered to a school in the county. He continued to teach Tibetan language and imparted moral education and Buddhist ethics to his students. Nyima became a respected teacher in the county and his students were good at studies and well mannered.

In 2001, after twenty years of service as a teacher Nyima reached retirement age. But his retirement was postponed and he continued to teach.

In December 2002, Nyima was arrested from his home by Gyantse county Public Security Bureau (“PSB”) officials on alleged charges of distributing pro-independence literature.

The PSB officials ransacked Nyima’s house to find any incriminating materials and he was led away to Gyantse County Detention Centre for interrogations.

After six months’ detention, in June 2003 Gyantse County People’s Court sentenced him to five years’ imprisonment term on alleged charges of “endangering state security”.

He was then transfered to Shigatse Prefecture Nyari Detention Centre. Later he was transfered to the Tibet Autonomous Region prison no 1, Drapchi prison, to serve his sentence.

Nyima Tsering continues to be incarcerated in Drapch prison.

TCHRD ACTIVITIES BULLETIN

TCHRD attends World Social Forum in Mumbai, India

A five-member delegate from the Tibetan Centre for Human Rights and Democracy (TCHRD) attended the global civil society movement, World Social Forum (WSF), in Mumbai, India, from 16 January to 21 January 2004.

Ms. Norzin Dolma, Mr. Jampa Monlam, Mr. Tenzin Norgay, Ms. Youdon Aukatsang and Mr. Surya Pratim Roy successfully participated in the WSF to highlight the human rights situation in Tibet.

TCHRD organised a conference “Human Rights in Tibet” on 20 January 2004. Mr. Ajarn Sulak Sivaraksa, eminent Buddhist thinker and sustainable development practitioner, was invited as the guest speaker during the conference. Mr. Sulak officially released TCHRD Annual Report 2003: Human Rights Situation in Tibet during the conference and expressed that the global civil society show its concerns and urged to improve the human rights situation in Tibet. Ms. Norzin Dolma and Ms. Youdon Aukatsang spoke on the freedom of religion and deprivation of political rights in Tibet respectively. Mr. Jampa Monlam, ex-political prisoner, gave an account of his life as a political prisoner in Tibet and Ven. Lobsang Yonten, student of Trulku Tenzin Delek, testified for his teacher who is currently on death sentence with a two-year reprieve.

The fourth World Social Forum turned out to be hugely successful to the Tibetans who came in hundreds to highlight the Tibet issue infront of the global civil society.