AUGUST 2004
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Rise in arbitrary detention and fines for exile returnees
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Cross border calls to be monitored
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Loyalty to the State now pre-requisite for attaining highest religious degree in Tibet
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Freedom is 24-hour surveillance for "singing nun"
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High fees make education beyond reach of ordinary Tibetans
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UNICEF Executive Director critical of education system in Tibet
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Monks expelled for failure to denounce Dalai Lama
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Chinese official denies ban on Dalai Lama pictures
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China steps up campaign to woo foreign journalists
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Carlsberg to brew beer in Tibet
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Nomads in Qinghai Province reel under heavy taxation
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Five years in a labour camp for taking photographs
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11th Tibet human rights workshop in Bangalore
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TCHRD tours southern India Tibetan settlements
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Large numbers of Tibetan returnees from exile in India are being arbitrarily detained and fined without formal political charges, according to arrest documentation by the Tibetan Centre for Human Rights and Democracy, (TCHRD).
In February 2004, Gedun Tsundue, a monk from Ragya Monastery in Golog '"Tibet Autonomous Prefecture" ("TAP"), Qinghai Province, returned to Tibet after completing his studies in exile at Kirti Monastery in Dharamsala. According to confirmed information received by TCHRD, he and another monk, Jamphel Gyatso from Sera Jhe Monastery in South India were arbitrarily detained for 4 months upon their return, before being handed over to the Golog regional authorities and fined 4,500 Yuan each.
Information received by TCHRD suggests that Gedun's is no isolated case. Two other exile returnees also from Sera Jhe monastery, were detained for four months when they returned to Tibet, along with other monks and four lay persons. They were later handed over to their local authorities and fined 4000 Yuan each. Another monk returning from exile, Sherab, who also studied at Sera Jhe monstery, was detained at Dram on the Tibet-Nepal border in June of this year whilst attempting to return to Tibet. There is currently no further information on his whereabouts or well-being.
Arbitrary detention and fines contravene Article 9 and 13 (2) of the Universal Declaration of Human Rights which state respectively:
"No one shall be subjected to arbitrary arrest, detention or exile";
and "Everyone has the right to leave any country, including his own, and to return to his country".
As a permanent member of the United Nations, China is obligated to respect the rights of all Tibetans to travel freely between countries and not to be subjected to arbitrary arrest and detention.
Rabgya Monastery: a target of the Chinese authorities
Ragya Monastery in Golog "Tibetan Autonomous Prefecture" (TAP), Qinghai Province, has long been at the epicentre of peaceful political activities - Gedun Tsundue is just the latest in a long line of monks from the monastery who have been arrested and are currently serving long prison sentences.
In 2001, the Chinese authorities arrested four Ragya monks who were returning home from India - Kunchok Dhargay, Mathok Damchoe, Tsultrim Phuntsok and Sonam. The four were charged with being in contact with the demised political prisoner Lobsang Dargyal and the secret organisation, "Freedom in Tibet, as well as with distributing pictures of Gendhun Choekyi Nyima, the Panchen Lama chosen by the Dalai Lama. They were sentenced to five to six years' imprisonment.
Exile returnees unable to find job
And it is not just exile returnees from monasteries in India that are viewed with suspicion. The year 2000 saw mass withdrawals of Tibetan exile students from schools across India, following the intensification of the 1994 ban on the children of cadres and government employees going to schools administered by the Tibetan Government in Exile. Parents were threatened with punitive measures including sanctions, expulsion from jobs and the party, freezes in promotion and salary increase and forfeiting the residential permit of their children. As a result, 37 children and their parents returned to Tibet, where many tried to find jobs as tourist guides. Unfortunately, employment opportunities were strictly denied to exile returnees, who are invariably seen as 'splittist', from the 'Dalai clique' and politically suspect - and 29 of the returnees were unable to find jobs in Tibet.
Monasteries targeted by authorities
Beijing authorities continue to link Tibetan Buddhism with Tibetan nationalism. Monasteries are seen as "hotbeds of political dissent" and the Dalai Lama as the root cause of instability in Tibet. Since the Third Tibet Work Forum in 1994, the anti-Dalai Lama campaign has been vigorously stepped up, with bans on his portraits and the celebration of his birthday, and severe punishments for expressing faith in or support for him. Tibetan exile returnees are viewed with suspicion for having affinities with the political ideologies of the Dalai Lama or for possible involvement in political activities which China considers as "Endangering State Security". For Beijing, national stability is of paramount importance and it is in the course of attempting to maintain that stability that violations of fundamental human rights and freedoms of Tibetan occur.
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The Tibetan Centre for Human Rights and Democracy (TCHRD) has received reliable information that Chinese authorities have intensified their scrutiny of telephone calls made between Tibetans inside Tibet and relatives in India.
TCHRD sources have revealed that in July of this year, a directive was sent from Chinese authorities in Beijing to Tibet Autonomous Region (TAR) government departments asking them to monitor calls made by monasteries in Tibet and India particularly closely. Tibetans living in Tibet have advised their relatives and friends in exile not to discuss any political matters during telephone conversations.
Monitoring of private conversations and information flow by any government is in direct contravention of Article 12 of the Universal Declaration of Human Rights (UDHR), which states:
"No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks".
China is in clear violation of this basic human right of the Tibetan people, and as a permanent member of the UN Security Council, should be called to account for its actions by the international community. TCHRD deplores such highhanded restrictions on the fundamental freedoms of the people living within China's jurisdiction, which contravene many of China's own domestic laws and policies. ¨
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The twice baaned highest academic degree in the Gelugpa (Yellow hat school) school of Tibetan Buddhism, the Geshe Lharampa Degree has been reintroduced for the second time with an objectionable amendment, according to a report on 28 July by Xinhua.net.
In addition to the traditional test of the five major texts (Tib: Shung Chen Kabod Nga), candidates for the degree must now study six books on political thought under the "Love your country, love your religion" (Tib translit: rgayl khches ring lugs bsam bloi slob gso) campaign being propagated in the monasteries and nunneries of Tibet.
A 77 member Committee for the Conferment of Degree for higher Buddhist Studies was formed on 20 August 2004 to scrutinise the test and confer the degree.
The Chinese government banned the Geshe Lharampa Degree in 1959 calling it a "superstitious and feudal practice".
In 1986, the degree was revived after repeated appeals from the 10th Panchen Lama.
However, it was banned again in 1988 in the wake of a series of pro-independence demonstration in Lhasa.
The inclusion of a test of loyalty to the state as a pre-requisite for acquiring a Geshe Degree is an extraordinary interference in the religious affairs of the Tibetan people. Reliable sources reported that the seven (two from Sera, Drepung, Gaden each and one from Ratoed Monastery)) candidates for this year's Geshe Lharampa degree have been instructed by the monastery authorities to take part in the test. It is the latest in a long line of such measures introduced under the Patriotic Re-education Campaign launched in the Tibetan Autonomous Region (TAR) in May 1996 and later extended to include monasteries and nunneries in other areas.
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"Singing nun" Phuntsok Nyidron, remains under constant supervision in her own home, despite being freed four months ago after nearly 15 years in Drapchi Prison, according to Human Rights Watch.
Tibet's longest serving political prisoner, Nyidron, was originally imprisoned for 9 years on charges of "counterrevolutionary propaganda and incitement" following her involvement in a Free Tibet march which lasted only a few minutes. In 1993, a further 8 years were added to her sentence when Chinese officials allege she led a group of 14 Tibetan women in successfully smuggling out a tape of personalised Tibetan freedom songs.
Nyidron was finally released in March of this year and although she has been permitted to return to her home village, she remains under constant supervision. At least two security officials are with her 24 hours a day, visitors to her home must sign in, and though she is permitted to go out occasionally, she is accompanied by an escort at all times. Those watching her are under strict orders to contact Lhasa authorities if they notice any hint of political leanings or "change of thinking" by her.
Like many monks and nuns who have served time in prison for political crimes, Nyidron is prohibited from returning to her original nunnery. Concerns about her health have also been raised - she is reported to have sustained kidney damage and memory problems, following the years of beatings she received whilst in Drapchi Prison.
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Dorjee Dolma, 20, is from Toelung County, Tibet Autonomous Region ("TAR"). In an interview with the Tibetan Centre for Human rights and Democracy (TCHRD) Dolma explained how poor facilities and exorbitant fees led her to seek education in India.
"When I was eight years old, I attended a local government elementary school, where unfortunately, the teachers and facilities were very bad. Although we didn't have to pay our school fees in cash, we had to give potatoes, wheat, firewood and roasted barley. The school authorities collected two sacks from each student per semester.
After finishing my elementary school, I was admitted to Lhasa Middle School no 8. It is a big school with 150 teachers, 50 of whom were Tibetan teachers, the rest being ethnic Chinese. I remember that the Chinese students' classrooms were much better equipped and smarter than the Tibetan students' ones. There were three grades in the middle school with ten classes in the first year, eight in the second year and nine in the third year.
Each student had to hand over 250 Yuan when they enrolled to pay for their uniform in addition to tuition fees which came to 400-500 Yuan per semester. There are other costs too - we were charged an additional 25 Yuan for the cycle parking stand and 15 Yuan to keep the classrooms clean. And when a student reached the third year, he or she had to pay examination fees, as well as medical fees etc.
Upon finishing middle school, I was enrolled in Lhasa Beijing High School for three years. In the first year there were 10 classes and 12 in the second and third years. In every standard, there were two classes "for Chinese only" with around 70 students in each. In addition to the semester fee, which was 500-600 Yuan, students had to pay 250 Yuan for a new school uniform and 15 Yuan to keep the classrooms clean. Only 20 of the 200 teachers at the school were Tibetan.
Even if they can afford the high school fees, very few Tibetan students go on to university after finishing high school. It's true that the marks required for admission to Tibet University are lower than those for other universities in China. But many Chinese students whose marks aren't sufficiently high enough to get in to universities in their native provinces come to Tibet and submit fake house registrations to gain admission to Tibet University. Most of the seats available at Tibet University end up being taken by Chinese students". ¨
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The Executive Director of UNICEF has criticised the level of access Tibetan children have to the primary school education. In a UNICEF press statement prior to her visit to Tibet at the end of August, Ms. Carol Bellamy stated that "only 31% of children in Tibet have access to the compulsory 9 years of education", and expressed her concern that "although conditions in Western China, and in Tibet, have dramatically improved in recent years, growth has occurred at a significantly slower pace than in the East, creating fears of a widening poverty gap."
Her statement echoed the opinion expressed by the UN Special Rapporteur on Education, Ms. Catarina Tomasevsky at the end of last year, who called the state of China's education system for Tibetan people "deplorable". According the press statement on 30 August 2004, Ms. Bellamy, Executive Director of the UNICEF, had a brief stopover in Chengdu, capital of Sichuan Province, to discuss cooperation for children with local government UNICEF partners in Sichuan.
Ms. Bellamy visited Lhoka Prefecture (Ch: Shannan Prefecture) on 29 August 2004 "to get a first hand look at the situation in Western China". Whilst there, she met with prefecture-level health and education officials headed by the Vice Governor of the Prefecture, Chang Zhen. Dr. Christian Voumard, UNICEF China Representative was also present at the meeting, which focussed on safe motherhood, basic education and enhancing teachers and educators. ¨
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Jampel Rinchen (lay name Sonam Choegyal) is a 20 year-old monk who was expelled from Gongkar Choede Monastery by Chinese authorities for his refusal to denounce the Dalai Lama. He fled Tibet earlier this year to further his monastic education in India, and reached Nepal on August 5th.
Jampel told TCHRD: "We were poor farmers with eight people in our family. When the authorities distributed land, there were only three members of the family and accordingly three Mu (Approx 67 sq mts) of land was given to us. Our family grew over the years but we still had to get by on the three Mu land given to us as our share. It was very difficult and we lived hand to mouth."
"When I was 11 years old, I was admitted to Gongkar Choede Monastery, where I remained for about 10 years.
In mid 1997, a Chinese work team comprised of 10 officials from Gongkar County and Lhatse County came to our monastery, and called a meeting for all the newly admitted monks. There were 40 of them. The monks were made to sit a test which required them to write essays criticising the Dalai Lama and accusing the Dalai-Clique of separating Tibet from China. The test also required us to accept the sovereignty of the People's Republic of China and Tibet as an inseparable part of China since time immemorial. I, along with eight other monks (names withheld on request by the interviewee) failed to write what the authorities required of us. As a result we were expelled from the monastery."
"We returned to our villages but two years later, we decided to rejoin our monastery two years later, despite the Chinese authorities' instructions. However, at the beginning of August 2004, we came to know that work team officials were soon going to come to our monastery to conduct political education classes. Fearing arrest, we fled the monastery and travelled to India, where I now plan to continue my monastic education."
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Wu Jilie, Deputy Chairman of the Tibetan Autonomous Region (TAR)'s government, has denied any ban on pictures of the Dalai Lama exists in Tibet today according to an interview in Reuters on 18 August 2004.
Over the years, the Tibetan Centre for Human Rights and Democracy (TCHRD) has documented numerous arrest in Tibet related to possession of pictures and audio-video materials of the Dalai Lama.
Wu Jilie said , "Not to have the Dalai Lama's photo I think is the voluntary choice of the vast majority of peasants and herdsmen. There is no government stipulation".
The Dalai Lama fled into exile forty five years ago, however, the Tibetans still revere him as their spiritual and temporal leader. At the Third Tibet Work Forum held in Beijing in 1994, the Dalai Lama was denounced as a "splittist", "a serpent's head that must be chopped off". In 1996, anti -Dalai Lama campaigns were initially implemented in the monasteries and nunneries under the aegis of the "Patriotic Education Campaign". The campaign required the monastic community to denounce the Dalai Lama as part of their political indoctrination. Hundreds of monks and nuns and the lay populace have been expelled and sentenced to lengty terms in jail for failing to comply with the official political line.
In November 2003, authorities in Kardze and Lithang County threatened the local populace with confiscation of their land if they fail to hand over portraits of the Dalai Lama displayed in their homes. Popular relgious figures like Trulku Tenzin Delek (sentenced to death), Geshe Sonam Phuntsok (sentenced to five years) and late Khenpo Jigme Phuntsok(his institute destroyed and he was detained incommunicado for a year) have all been targetted by the Chinese authorities for their allegiance to the Dalai Lama. ¨
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China has stepped up its campaign to win over the world's media by inviting foreign journalists to see the situation on the ground in Tibet 'for themselves'. The International Press Center of the Ministry of Foreign Affairs, People's Republic of China, organised a tour of 32 foreign correspondents representing 22 foreign news agencies to Lhasa and Nyingtri, Tibet, between 12 and 19 August 2004.
A particular focus of the Chinese media campaign has been to legitimise Beijing approved Panchen Lama, Gyaltsen Norbu, by inviting foreign correspondents to report on Norbu's third visit to Tibet.
In 1995, undeterred by their own atheism, Chinese authorities took it upon themselves to enthrone Norbu as the Panchen Lama after rejecting the Dalai Lama's choice of 6 year-old Gedhun Choekyi Nyima. The little boy identified by the spiritual leader of Tibetan Buddhism as the true Panchen Lama disappeared shortly after this along with his family. Chinese authorities have steadfastly refused to reveal his whereabouts ever since, citing the need to "avoid disrupting his family life". ¨
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Carlsberg has signed a multi-million dollar deal with a Chinese company to make beer in Tibet. China Securities Journal reported that the new company, Tibet Lhasa Brewery, is a 50-50 partnership between Carlsberg International and Tibet Galaxy Science Technology Development.
Beer is by far the popular alcoholic drink across Tibet. Overall consumption has risen dramatically in recent years with a 40 percent jump to 16.5 litres per head between 1997 and 2002. Foreign beer makers have begun aggressively pursuing the Tibetan market as barriers to trade the region have fallen. ¨
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Heavy taxation, fencing and sedentarisation of nomads enforced in the nomadic regions under Qinghai Province has put many families in debt. Nomads are increasingly leading a hard life due to the implementation of misleading official policies.
In three separate interviews with new arrivals from Qinghai Province in Tibet, the Tibetans showed deep grievances over the official policies.
Sonam Tsering is a 25 year old nomad from Qinghai Province. Unable to live a hard nomadic life due to heavy taxation, he fled Tibet.
Sonam said, " We are six in the family and I am the youngest with three brothers and one sister all elder to me. We have 30 yaks and 100 sheep for our sustainance. Prior to 2003, we had to give two to three sheep annually as meat tax to the local authorities. Additionally we also have to pay 1500 Yuan in cash. All the nomadic families make sure to pay their tax on time as it is doubled the next year failing to do so. "
"In 2003, the authorities distributed grassland to all the nomadic families. We were alloted five Mu(approx 67 sq mts) of land for our livestock. The authorities instructed us to fence our grassland and my family borrowed 2000 Yuan from others to buy the barbed wire. The grassland alloted to us is cleared very fast by our livestock and our animals were getting weaker. Often two or three sheep die due to lack of food. To make the matter worse, we also have to pay 2000-3000 Yuan as tax to the local authorities. This tax is inclusive of meat, wealth and grassland taxes."
"Because of the hard nomadic live, I fled Tibet to get some education in India."
Ngawang Palden, a 19 year old nomad from Qinghai Province told TCHRD, " I am from Marong Village, Rusho Township, Jyekundo County, Qinghai Province. Livelihood of families in the nomadic region of Marong Village is based on leading a happy life of rearing livestock. However, last year around August, County officials received a message from the Central Government regarding a new policy limiting number of livestock per family. But the recent introduction of number of livestock that each members of the family can own has put us in a difficult situation and was a matter of great concern to the nomadic families."
"Before the introduction of this new rule, my family own more than 80 domestic animals and the new rule restricted each member of the family to own only three animals and as a result my family could keep only 18 animals."
" In the morning of August 13 2003 , a total of 22 people including seven county officials and two township officials along with 13 police officers came to our house and transported the remaining 62 animals for sale in different Chinese slaughterhouses."
"Nomadic families of Chushon, Chachok, Dora, Sa-nye, Thola and Morong under Jyekundo County were compelled to purchase fence produced by government owned industries by paying at least 8,000 Chinese yuan for boundary fencing along with transportation cost of 1500 Chinese Yuan. Residents were told that failing to purchase the fence would result in heavy penalty up to 10,000 Chinese yuan or face imprisonment for two months. Many families have no choice but have to purchase it anyway."
Ngawang Palden also mentioned about Chinese government imposition of various annual taxes for nomadic families on basis of different animals for grazing land. Such as 700 Chinese yuan tax for Horses, 500 yuan for goats, 700 for Sheep, 1500 for cattle along with annual personal tax of 200 Chinese yuan and 700 for water and 1000 Chinese yuan for fodder(grass). This has resulted in extreme hardship for an individual family. For example Ngawang Palden has to pay a total sum of 6200 Chinese yuan as tax to the Chinese government ."
Dhondup, a 25 year old from Golog Tibet Autonomous Prefecture, Qinghai Province, told TCHRD, "the Chinese government ruling on the distribution of nomadic lands among families was not based on the basis of number of animals each family owns but on the basis of number of family members."
"Fundamentally each member of the family has the right to rear five animals but the new rule is not acceptable. Because a family with a large herd might have a small family members and vice versa. Those having a large cattle herd faces scarce grazing and water problem and has to endure the death of six to seven cattles every year. Many families suffered due to these problems. In addition, the Chinese government imposes a minimum tax of 1500 yuan inclusive of grass, land and water tax from each family. The agriculture head would issue a warning to those failing to pay the aforementioned tax. Failing to pay the tax after this warning, the person would be held in the local people's court and would double the fine amount every month. Almost all the families are facing severe livelihood problem and selling off their cattle to clear the tax burden."
"Recently in the year 2003, the Chinese authorities set up a new Supervision Division in Golog region. The responsibility of this division was to supervise the grassland of that nomadic region. This Supervision Division has constituted two new rules and announced them across various counties in the region."
"In the first rule, it was mentioned that each member of the family is entitled to own only five cattle and those having more than five will be fined 500 yuan each for every additional cattle."
"The second rule emphasized that it is compulsory for every family to fence the land allocated to them". ¨
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Sherab, 42 years old, is from Arik Village, Haiyan County, Qinghai Province. As a child he attended the local elementary school for a few years and then started to help his family make a living as namads.
In 1981, Sherab was ordained as a monk at Tsang Monastery and began studying Buddhist philosophy. During his stay at the monastery, he often spoke to inspire his monk friends about the need for preserving a strong Tibetan identity and expanding their Tibetan education.
In 1986 Sherab escaped to India to seek blessings from the Dalai Lama and stayed on to learn English. A few years later, he returned to his monastery in Tibet.
Upon return to his monastery, he completed his studies in Buddhist philosophy and pursued an interest in Tibetan medicine and astrology.
He became the in-house doctor for his monastic community, offering his services to lay people in his spare time.
Sherab also carried out research on the the history of the monastery including its artifacts. During visits by tourists and interested Tibetans, he often acted as a guide. He became a prominent figure in the monastery.
In 1992, he undertook a pilgrimage to India and also to seek donation to build a school in his hometown. Unfortunately, he was unsuccessful in his donation work and returned to his monastery.
At the begining of 2002, the Chinese authorities began to mine gold on Gashar hill, close to Sherab's monastery. Seeing the threat posed to the local environment by mining, Sherab secretly took photographs and wrote a detailed account of the authorities' action and its impact. He wanted to tell the outside world about the environmenal damage happening in his hometown. Unfortunately, in November 2002, Public Security Bureau ("PSB") officials from Xilling County arrested Sherab because they were suspicious of his two visits to India and had been keeping him under surveillance.
Sherab was detained without any legal procedure, and subjected to torture through out his interrogation. His family had no idea of his whereabouts for a long time.
After repeated attempts to locate him, an official working in Thunde County informed the family that Sherab was at a brick manufacturing labour camp in the outskirts of Xilling County.
During a visit by the family, Sherab told them that after his detention he was brutally tortured during interrogations by the officials.
In the beginning of 2003, Xilling City People's Intermediate Court charged Sherab with "endangering state security" and sentenced him to 5 years' imprisonment.
Sherab is currently serving his sentence in the brick manufacturing labour camp. His health condition is known to have deteriorated during his incarceration and the hard labour in the camp
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The Tibetan Centre for Human Rights and Democracy (TCHRD) organised its 11th workshop on human rights at the Ecumenical Christian Centre in Bangalore from 3-9 August 2004. It is the fourth workshop that TCHRD has organised in collaboration with the Asian Human Rights Commission (AHRC) based in Hong Kong). Forty five Tibetans from Regional Youth Congresses, Women's Association, school teachers and local Tibetan Justice Commission members participated in the programme.
During the week long programme, the participants were introduced to Concepts of Human Rights, UN Mechanisms, History and Development of Human Rights Norms, Human Rights Situation in Tibet, Women, Child, and Refugee Rights, State of Education in Tibet, Introduction to Liberal Democracy, Tibetan Charter, Democratisation of Tibet's exiled Government, Socio-economic Conditions in Tibet, Status of Tibet in the International Context Today, Right to Self Determination.
TCHRD would like to thank all the resource persons: ATPD Chairman Pema Jungney, Kasur Tenzin N Tethong, Kasur Tempa Tsering, Chitue Karma Chophel, Dr. Lobsang Sangay, Mr. Sanjeeva Liyanage, Mr. Gabriel Lafitte, Mr. Tashi Gyamtso, Mr.Saji Thomas, Ms.Siobhan Cummisky, for their expertise and invaluable insights. ¨
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Mr. Jampa Monlam, Researcher, and Mr. Tenzin Norgay, Field Officer, toured Tibetan settlements in southern India from 7-25 August 2004. The staff gave lectures on the concept of human rights and democracy, and informed resident Tibetans about the activities of the Tibetan Centre for Human Rights and Democracy and its mission.
During the tour, the staff went to three Tibetan settlements, viz Bylakuppe, Mungod and Hunsur settlements, and spoke with the monastic, school children and resident Tibetans.
While in Bylakuppe settlement, Mr.Jampa and Mr. Norgay visited 22 camps and gave brief talks to the resident Tibetans in their respective camp community halls. Apart from the camps, the staff also went to Sera University, Namdroling Monastery, Ngagyur Nunnery and Tashi Lhunpo Monastery to address monks and nuns studying there. A short talk about human rights and democracy was also given to the Tibetan Children's Village School and Central School for Tibetans students.
In Mungod settlement, public lectures were given in two sessions for the Tibetans residents. The nine camps in the settlement were grouped into two and a separate talk was given to each group. They also went to the Gaden and Drepung Monastery to inform the monastic community about human rights and the situation in Tibet.
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