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Human Rights Update and Archives
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| "Ngawang Phulchung" |
One of the longest serving Tibetan political prisoners, Ngawang Phulchung, who was one of the key leaders of the famous peaceful pro-independence demonstration of 27 September 1987, in Lhasa, was released from Chushul Prison (Ch: Qushui Prison) around 21 October 2007.
According to confirmed information received by the Tibetan Centre for Human Rights and Democracy (TCHRD), Ngawang Phulchung, a 48 year-old prominent member of the Drepung “Group of Ten” was released after completion of his eight years and six months of prison sentence in various Chinese administered detention centres and prisons in Tibet. Ngawang was released by the Chinese authorities around 21 October 2007 from Chushul Prison. He was incarcerated for 18 years and six months of his 19-year sentence before receiving a six-month sentence reduction on 22 September 2005. The current physical condition of Ngawang Phulchung is said to be frail and have deteriorated over the years due to torture and inhuman treatments he suffered in the prison. Reports indicate that he is currently at his home with his family in Toelung Dechen County.
“Ngawang Phulchung is an exceptional case in the Tibetan struggle for human rights and justice. His dauntless efforts in voicing his opinion against the Chinese government’s oppressive regime resulted in his repeated prison term extensions apart from the solitary confinements, beatings and torture that he sustained,” said Jamphel Monlam, the Assistant Director of the Centre and one of the members of the “Group of Ten”. He further elaborates by saying, “This release is yet another token gesture by the Chinese government before any major international events. The fact remains that he has spent the best part of his life in prison with physical and emotional scars that will last for the rest of his life,” said Jamphel Monlam.
Brief Biography:
Ngawang Phulchung (lay name Anu) was born at Yamda Village in Toelung Dechen County, Lhasa Municipality. He joined Drepung Monastery in 1984. Ngawang was first detained in 1987 in connection with his participation on a peaceful demonstration. He joined Drepung Monastery at an early age and reached an advanced level study in Buddhist philosophy. He was just a short step from attaining the degree of Geshe (Doctorate of Philosophy in Buddhism), but felt compelled to concentrate his energies on the Tibetan struggle for political and religious freedom.
On 27 September 1987, Ngawang Phulchung and 20 other monks of Drepung Monastery staged a peaceful demonstration in central Lhasa demanding respect for human rights, including religious freedom and the right to self-determination for Tibetans. This was a turning point in the Tibetan struggle and sparked off a series of public protests. Prior to this day, few Tibetans had dared to express their concerns for fear of ruthless Chinese reprisals. The Chinese violently suppressed the demonstrators who were beaten and detained. Ngawang was held without charge for four months in Gutsa Detention Centre and was finally released on 22 January 1988 following intense international media attention and pressure and the personal intervention of the late Xth Panchen Lama. After his release, he rejoined the monastery 1988. Soon after his release, Ngawang said he had participated in the 1987 demonstration in support of the Dalai Lama and in order to protest against the Chinese government condemnation of the Dalai Lama’s Five Point Peace Plan which they claimed was an attempt to split the motherland. When he was questioned by the Chinese authorities whether he and the others were afraid to demonstrate, his reply was “No, we were not frightened ... we were already prepared to give up our lives for the six million Tibetans. Anyway, sacrificing your life is not against Buddhism”.
Ngawang was also one of the ten members from the Drepung Monastery who clandestinely produced political literature and distributed it extensively at the end of 1988 after their release on 22 January 1988. He was unanimously elected as the leader of the “Group of Ten”.
On 22 April 1989, Ngawang Phulchung and three other monks were arrested from Drepung Monastery for forming a “counter-revolutionary group” which had clandestinely produced political leaflets. All four were detained at the Sangyip Prison or popularly known as “TAR” Public Security Bureau (PSB) Detention Centre. Amongst the “reactionary literature” published by the group was a complete Tibetan translation of the Universal Declaration of Human Rights (UDHR). The group had also reported on political unrest in Tibet, criticized human rights violations by the Chinese authorities, listed the names of persons arrested or killed by the Chinese police and military, and alerted Tibetans to the international support for their cause. A further document published by the group was entitled “The Meaning of the Precious Democratic Constitution of Tibet”. It described a parliamentary system for an independent Tibet, relying on the traditional principles of Buddhist dialectics to analyze the concept of democracy and called upon Tibetans to fight “with inner strength”. The group was labeled as “the scum of religious circles” and, in order to make an example of those involved, the Chinese authorities staged a show trial.
Other remaining members of the “Group of Ten” were subsequently arrested on 18 July 1989 and detained at “TAR” PSB Detention Centre. All the members had undergone a severe torture and ill-treatment from the prison officials with Ngawang Phulchung having been particularly targeted for being the ring leader of the group.
On 30 November 1989, when the group was sentenced before a forced public gathering of 1500 Tibetans, Ngawang was denounced as the leader of the group and sentenced to 19 years’ imprisonment and five years’ deprivation of political rights. At his sentencing, Lhasa Intermediate People’s Court accused him with “organising and joining a counter-revolutionary clique and spreading counter-revolutionary propaganda and inflammatory disinformation”, “seriously undermining national security” and “collecting intelligence and passing it on to the enemy”. The people gathered were told that the monks had “venomously slandered our socialist system characterized by the people’s democratic dictatorship”.
The Chinese government broadcast the sentencing on TV, with following warning: The crimes committed by Ngawang Phulchung and other criminals demonstrate that the so-called human rights, freedoms and democracy played up by separatists both at home and abroad are nothing but a pack of deceitful lies ... Let the sentence of Ngawang Phulchung serve as a stern warning for separatists both at home and abroad that those who split the motherland will come to no good end.
On 30 March 1991, an American delegation visited Drapchi prison and a group of prisoners handed the diplomats a petition allegedly protesting against the conditions of detention. The petition was confiscated, and after the visit, prisoners, including Ngawang were reportedly severely beaten and placed in the solitary confinement. Undeterred, Ngawang and other prisoners have continued to protest against the ill-treatment of prisoners, with the inevitable result that they have been beaten or placed in dark isolation cells. Ngawang Phulchung was transferred to Drapchi Prison along with the rest of the members of his group on 15 January 1990. Ngawang was later known to have been transferred to newly operational Chushul Prison, where he remained incarcerated until his release this month.
All the members of the “Group of Ten” were now known to have been released after serving various prison terms ranging between five years to eighteen years and deprivation of political rights for a number of years. Over the years Amnesty International, the UN Human Rights Commission and many concerned individuals have strived hard to secure an early release of Ngawang Phulchung.
While TCHRD is happy that Ngawang Phulchung has been released, it maintains that he and all the Tibetan political prisoners do not deserve to be in prison at all in the first place. According to TCHRD documentation, there are 140 known Tibetan political prisoners currently languishing in a network of Chinese administered prisons in Tibet. Out of the 140 known political prisoners, 51 are serving prison term of more than 10 years and 97 prisoners out of the total are monks. TCHRD remains skeptical and would like to warn the international community not to be misled by such well-calculated gestures of the Chinese government for its own benefits, particularly, in light of upcoming Beijing Olympics next year.
The People’s Republic of China (PRC) is a state party to the UN Convention against Torture (CAT) and Other Cruel, Inhuman or Degrading Treatment since 1988. Although PRC outlawed certain forms of torture in the revised Chinese Criminal Procedure Law that came into effect in 1997, systematic torture is still endemic in the Chinese administered prisons in Tibet. In view of the current situation in Tibet, although complete eradication of torture remains a distant dream, TCHRD urges the government of the PRC to implement the recommendations made by the UN Special Rapporteur on Torture to eradicate torture and "to ensure torture survivors’ right to full with special attention to medical and psychological needs".
TCHRD calls upon the government of the People’s Republic of China to release all the prisoners of conscience who are still languishing in various prisons and detention centres in Tibet for peaceful exercise of fundamental human rights enshrined in the constitution and various International human rights treaties and covenants.
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| Smoke filled Lhasa City due to Sangsol |
Credible and confirmed information coming from Tibet indicates that the Chinese authorities in Tibet have heightened the security measures and intensified control prior to impending U.S. Congressional Gold Medal Award Ceremony for the Dalai Lama on 17 October 2007.
According to confirmed information received by the Tibetan Centre for Human Rights and Democracy (TCHRD), the Chinese authorities of Lhasa City on 15 October issued an official order stating students and Tibetan employees in the government to refrain from seeking leave from their schools and office or participate in customary Sangsol ritual(incense burning ceremony that involve offering tsampa in the air for success and good fortune) this week or face expulsion from school, salary cut and even termination of their job.
In the same wavelength, on 14 October 2007, many elderly and retired Tibetan people who usually gather outside the famous Ramoche Temple in Lhasa City to offer Mani prayer were ordered to terminate the prayer session and vacate the place immediately for an indefinite period.
According to confirmed information, an official notice was issued by the Lhasa City government office to all the heads of neighborhood committee directing people under their respective area to refrain from taking part in any religious activities such as customary observance of Sangsol, holding group prayer at the monastery or any act of revelry this week in the light of US Congressional Gold Medal Award Ceremony for the Dalai Lama to be held in Washington DC on 17 October 2007. The regulation and control over monasteries in the surrounding areas of Lhasa City are intensified more than it had been in the past.
According to other sources, the stationed officers of Lhasa Public Security Bureau (PSB) rounded up many former political prisoners residing in and around Lhasa at the Local Police Station for questioning. They were even known to have been ordered to refrain from participating in any activities in the coming weeks. Since 25 September, it was reported that the number of People’s Armed Police (PAP) and PSB officials were also increased significantly to deal with any untoward incident. Moreover, restriction and vigilance was also stepped up in offices, schools, homes of ex-political prisoners and those of people whom the government deemed suspicious or usually held suspicious. The Chinese authorities are taking every precautionary measures to ensure that no untoward incidents happen during the week. These measures have resulted in violation of fundamental human rights of Tibetans in Tibet.
The People’s Republic of China (PRC) authorities have over riding paranoia about maintaining stability in the region. Hence, in order to avert any upheavals by Tibetans during major celebrations and events, Chinese authorities resort to various precautionary measures including heightened vigilance, closer supervision of suspected individuals and former political prisoners, even resorting to arbitrary arrest and detention. Tibetans with background in political activities in the past are especially susceptible for being rounded up and interrogated, made to sign surety letter and their family members are made to stand as guarantor that the individual will not carry out any political activities. All these restrictive measures and heightened vigilance have created an atmosphere of fear in different parts of Tibet, according to information received by TCHRD.
In light of recent protest by the Tibetan people in Kardze region particularly in Lithang County, the Chinese authorities have beefed up the security measures and vigorously carrying out “Patriotic Education” campaign across all the monastic institutions and in villages. According to a Tibetan in Lithang County who wish to remain anonymous due to security reasons told TCHRD that, “Since the past one week, a group of two to three local government officials were coming regularly to each and every villages, outlawing activities such as public gathering, or people talking in group and conducting prayer session for the next twenty days. When we asked the officials about the reason behind such measures, we were told that they would let us know later without giving any particular reason.”
In view of the recent heightened of security and vigilance and past records depicting increase in number of arrest during important events, most noticeably in the wake of the Dalai Lama’s address to the US Congress in 1987 and the conferment of the Noble Peace Prize to the Dalai Lama in 1989, TCHRD fears that there will be numerous arrest of joyous celebrating Tibetans this time also. The Centre will continue to rigorously monitor the situation in Tibet.
TCHRD expresses its serious concern over the stepping up of restriction and vigilance in Tibet. Such restriction and new regulative measures often give way to serious violation of Tibetan people’s fundamental human rights in the name of maintaining stability and security by the Chinese authorities. TCHRD appeals to the PRC authorities to recall the official order and imposition of restriction and not to hinder the normal life of the Tibetan people in Tibet.
[ top]The Tibetan Centre for Human Rights and Democracy, (TCHRD) today received reliable information that Kardze People’s Intermediate Court indicted Ronggye A’drak with four accounts of “crimes” ranging from disruption of law and order to state subversion.
According to the source, on 29 October 2007, a handcuffed Ronggye A’drak was brought to Kardze People’s Intermediate Court, for a trial. During the trial, the court indicted Ronggye A’drak with four accounts of “crimes”:
(1) Indicted of seeking to “split” the country and subvert state power on 1 August 2007 during the horse racing festival by shouting “Long Live the Dalai Lama” and asking for the Dalai Lama to return to Tibet.
(2) Indicted of instigating a large crowd of agitating Tibetans rallied and forced entry into the government compounds after his arrest. Since he caused the incident and therefore he must bear the complete responsibility for these actions.
(3) Indicting of disrupting the law and order
in Lithang region and of economic losses resulting from his protest and subsequent arrest in deploying Public Security Bureau (PSB) and People’s Armed Police (PAP) personnels.
(4) Indicted of colluding with the splittist Dalai Clique based outside Tibet and moreover his daughters were honoured by the “Dalai Clique” at a public event.
According to the source, it is reported that Ronggye A’drak was taken to Dartsedo detention centre after his trial at Kardze People’s Intermediate Court, Sichuan Province. It is widely understood from the insider source that Ronggye A’drak will be formally charged the aforementioned “crimes” and the court will pronounce the verdict in the coming few days.
The TCHRD strongly condemns the indictment of Ronggye A’drak as his freedom to expression and opinion does not violate any of the constitutional components of Chinese law. TCHRD also expresses its doubts concerning the transparency of the legal proceedings-whether or not Ronggye A’drak was entitled to a fair trial. TCHRD calls upon the People’s Republic of China to implement and follow all the required domestic and international legal norms and practices in the case of Ronggye A’drak’s trial, to ensure that he receives fair hearings in the court, further in no case should his legal counsel be subjected to any forms of intimidation or pressure. The Centre is highly concerned at the blatant violation of international legal norms in courts in China where in summary and arbitrary judicial process is highly prevalent.
[ top]In the aftermath of massive “Patriotic Education” campaign launched by the Chinese authorities in Lithang area since the beginning of September this year, cases of arbitrary arrests and detention of Tibetans who openly defied and challenged the authorities for violating their rights have began to surface from the area.
According to confirm information, on 2 September 2007, the Chinese authorities summoned a meeting of the general public of Youru Kharshul and Kayta Villages in Lithang County, Kardze “Tibetan Autonomous Prefecture” (‘TAP’), to receive political education telling Tibetans how the Chinese liberation of Tibet has empowered the Tibetan commoners and how Tibetans under the Chinese Communist Party’s patronage are leading a happy and content life. However, not everyone agreed with that, Adruk Kalgyam, a Tibetan nomad from Youru Kharshul Village, stood up from the gathering and challenged the Chinese authorities by telling, “How can you say we are happy and content under the communist rule, when the tears of sorrow of the Tibetan people have not dried up yet. And when the Dalai Lama-who is savior of Tibetan people for this and next life-had to lead a life in exile and Panchen Lama continued to be under Chinese detention. In addition, Apho A’drak (Pet name used for Ronggye A’drak by his friends and relatives) and the likes were arrested for speaking their mind and their whereabouts still remain unknown.”
Adruk Kalgyam left the gathering by shouting slogans “May the Dalai Lama live for thousands of years and may the wishes of Apho A’drak and others be fulfilled.” On the next day, a group of Lithang County Public Security Bureau (PSB) officers came to Youru Village and arbitrarily arrested Adruk Kalgyam from his resident without citing any reasons. There has been no information on the current fate and whereabouts of Adruk Kalgyam.
Adruk Kalgyam, a 26-year-old nomad was born to Adruk Wangdu (father) and Ronggye Tsewang (Mother) at Youru Kharshul Village, Lithang County, Kardze, ‘TAP’.
In a similar incident, on 3 October 2007, the Chinese authorities summoned abbot and monks of Youru Geydenling Monastery (a small branch monastery under the umbrella of Lithang Monastery), and conducted a ‘Patriotic education’. During the session, Jamyang Tenzin, a monk of the monastery, stood up and challenged the officials openly saying “The Chinese government’s proclamation of right to religious freedom enjoyed by the Tibetan people stands ghastly contradictory as we cannot place a portrait of His Holiness the Dalai Lama at our residence and monastery. The people of Lithang County including its’ nomads still continue to face livelihood problems although government boast of rapid development.” Jamyang Tenzin even raised the question on the arrest of Ronggye A’drak and other Tibetans and expressed his concern on their whereabouts. He later concluded by shouting, “May the Dalai Lama live for thousands of years.” Jamyang was however, arrested right away by the local PSB officials after the conclusion of the ‘Patriotic education’ session at the monastery. Jamyang Tenzin, a 33-year-old monk of Youru Geydenling Monastery was born to Thinley Tsering(father) and Tsering Dolma(mother) and was a native of Youru Sakhor Village, Lithang County, Kardze, ‘TAP’.
In the light of recent open public protests initiated by Ronggye A’drak in Lithang and subsequent arrests and detention of his supporters, the Chinese authorities have resorted to imposing restrictions and beefing up the security measures in Lithang and surrounding counties. The authorities have even summoned the leaders of townships and monasteries in and around Lithang to commence the Patriotic Education Campaign in the first week of September 2007, which will be carried out over a period of three months. On 15 September, Lobsang Phuntsok, a monk of Lithang Monastery was arrested following the “patriotic education” campaign and his friend Kunkhen was arrested by Lithang County PSB officials on 22 August for unknown reason.
The Chinese authorities under the banner of “Patriotic education” campaign in religious institutions across Tibet are violating the Tibetan people’s right to religious freedom and continues to detain and arrest those who speak their mind and wishes of the common people.
TCHRD is highly concerned about Adruk Kalgyam and Jamyang Tenzin and seeks the support of human rights groups and the international community in securing their early release unconditionally. The Centre deems the case as an outright clamp down on the freedom of opinion and expression in Tibet. Freedom of Expression is a fundamental human rights which is a prerequisite to the enjoyment of all human rights. Article 35 of the Constitution of the People’s Republic of China (PRC) guarantees “freedom of expression, of the press, of assembly, of association, of procession and of demonstration.” Article 19 of the Universal Declaration of Human Rights proclaims: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The Centre calls upon the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Mr. Ambeyi Ligabo, to intervene on their case and others who were earlier arrested in connection with Ronggye A’drak.
TCHRD also call upon the PRC government to release all political prisoners who have been arrested and detained for exercising their fundamental human rights enshrined in the UDHR, constitution and many other international covenants and treaties that she is party to. The Centre also calls upon the PRC to immediately put an end to “Patriotic Education” campaign across all religious institutions in Tibet and considers Adruk Kalgyam and Jamyang Tenzin’s call a genuine expression of local Tibetans’ concern and despair that continue to exist in Tibet as a result of China’s repressive policies. The PRC should immediately address these genuine concerns of local Tibetan people rather than tightening noose on the Tibetan people’s fundamental human rights. The government of the PRC should ensure that they are not subjected to ill treatment and torture which are common features in Chinese administered detention centres and prisons in Tibet.
[ top]The Tibetan Centre for Human Rights and Democracy (TCHRD) expresses its deepest anguish at the China’s recent outrageous interference in the religious affairs of Tibetan people in Tibet. According to the latest information emanating from Tibet, another statue of Guru Padmasambhava or popularly known as Guru Rinpoche was demolished and construction of another Guru statue was reportedly suspended by the local Chinese authorities in two different regions of Tibet.
According to confirmed information, about two meter high statue of Guru Rinpoche built with financial contribution by the faithful local Tibetans was demolished in the first week of October by the local Chinese authorities from Ngari Darchen, Burang County, Ngari Prefecture, “Tibet Autonomous Region” (‘TAR’). The statue built with clay was completed a month ago with religious consecration done by the local religious heads upon its completion.
In a similar incident, on 14 August 2007, a statue of Guru Rinpoche, which was under construction at Rongpatsa Village, Kardze County, Kardze “Tibetan Autonomous Prefecture” (‘TAP’) was suspended following the local authorities’ issuance of order prohibiting construction of the statue.
These are not the isolated cases surfacing from Tibet, in mid-May this year, the Chinese People’s Armed Police (PAP) forcibly demolished a nearly completed gold and copper plated colossal statue of Guru Rinpoche of the Samye Monastery in Dragnag County, Lhoka Prefecture, ‘TAR’. TCHRD highlighted the demolition of the statue on 4 June 2007 after which the official Chinese statement issued by the Democratic Management Committee of Samye Monastery on 8 June said that the construction of the statue “disobeyed the Law of the People’s Republic of China on Protection of Cultural Relics and the Notice of Illegally Building Open Statue of Buddha....Samye Monastery then self-moved the open-air statue forwardly [sic].”
Earlier, in the beginning of this year, the Chinese authorities issued 56 articled new measures for the “Regulation on Religious Affairs” entered into force. The new regulation, instead of providing the protection of religious affairs, was deliberately aimed at enforcing compliance with government regulations and policies on religious organizations, religious personnel, and religious citizens. In particular, this new regulation empowers the officials with legal backing to intensify restrictions thus subjecting Tibetans to state control and repression.
The Centre also recorded that a new restrictive measures on religious practices were being enforced on general public. Prohibitions continue to be in place for important religious days like Saka Dawa and Gaden Ngyamchoe, birthday of the Dalai Lama and the 11th Panchen Lama Gedhun Choekyi Nyima in Tibet.
Since the beginning of September this year, China’s State Administration of Religious Affairs (SARA) issued 14-article with measures on reincarnation which clearly demonstrates the Chinese Communist Party’s (CPC) adamant attempt to undermine and tarnish the centuries-old Tibetan tradition of religious practice. It also attempts to weaken the authority of the legitimate Tibetan religious leaders most prominently that of the Dalai Lama. The new measure bars any Buddhist monk living outside China from seeking reincarnation for himself or recognizing a “living Buddha” thus effectively ending the centuries-old Tibetan Buddhist practice. It further adds that, “ All the reincarnations of living Buddha of Tibetan Buddhism must get government approval, otherwise they are ‘illegal or invalid’”. It is understandable from this new measure that the centuries-old traditional Tibetan system of recognizing reincarnate lamas is irrelevant from now on and the Chinese CPC decides the legitimacy of the reincarnate lamas.
In addition, the Chinese authorities have reinvigorated the “Patriotic education” campaign across religious institutions and general masses since the beginning of September this year and which will go on for three months in Lithang and Kardze region. Under this campaign, many Tibetans were arrested and detained for their open defiance and confrontation with the authorities.
TCHRD believes that this latest incident of demolishing Guru Padmasambhava’s statue in Ngari Darchen and the forced suspension of construction work of Guru’s statue in Rongpatsa not only highlights the new measures being forcibly implemented and carried out in Tibet but also show authorities adamant attempt to undermine the religious sentiments of Tibetan people.
The latest measures and restrictions imposed on religious activities signal that a prospect for more religious freedom as gallantly pronounced in the Chinese constitution is bleak, considering China’s record with respect to the religious freedom. While China’s constitution provides its citizens with the “freedom of religious belief,” it does not protect the right to manifest religious beliefs, highlighting the importance for China to ratify the International Covenant on Civil and Political Rights (ICCPR), which contains explicit provisions on the right to freedom of thought, conscience and religions and which she signed on 5 October 1998.The PRC should abide by the rights guaranteed in constitution and other major international covenants and treaties which she is party to.
[ top]According to a confirmed information received by the Tibetan Centre for Human Rights and Democracy (TCHRD), a group of 46 Tibetans while attempting to flee Tibet via Nangpala Pass in October were shot by Chinese border People’s Armed Police (PAP) resulting in the arrest of three Tibetans and missing of nine.
According to a TCHRD source in Kathmandu, on 18 October 2007, a group of 46 Tibetans while escaping to Nepal via Nangpala Pass through Solukhumbu were shot by the Chinese Border PAP. The group while taking rest on the Nangpala Pass, after days of grueling walk over the high pass covered with freezing snow were shot several times by the Chinese Border PAP. Although nobody was shot dead at this time, but the firing live ammunitions on the group led the escaping people run for the cover leaving all their belongings behind in the snow. However, they were chased by the Chinese Border PAP, which resulted in arrest of three Tibetans and nine missing. The whereabouts and condition of nine people from the original group of 46 Tibetans still remain unknown. The details of three people arrested are:
1. Ngawang Tsultrim, 21-year-old from Amdo Labrang, Sangchu (Ch: Xiahe) County, Kanlho “ Autonomous Prefecture” (‘TAP’)
2. Lobsang Thaye, 33-year-old monk from Amdo Rebkong Monastery, Rebkong (Ch: Tongren) County, Malho (Ch: Huangnan) “TAP”
3. Tenzin Dorjee, 21-year-old from Kham Bawa, Lithang County, Kardze “TAP”
Yesterday, the remaining fleeing Tibetans safely managed to reach Tibetan Reception Centre based in Katmandu, Nepal. As the winter approaches, the flow of Tibetans across the Himalayas into Nepal from Tibet is generally on the high (when there are less Chinese patrols in the area). There is a general consensus between the Nepalese government and the UNHCR that the Tibetans fleeing Tibet be handed over to the latter who in turn take Tibetan refugees under their protection. Amid high risk of being arrested Tibetans make the arduous journey into Nepal which acts as a transit for the hundreds of Tibetans entering India on a mission to get education in exile or be blessed with an audience with His Holiness the Dalai Lama.
After the Nangpala incident in September last year, the Chinese authorities beefed up security measures and restrictions on the Nepalese frontier to check the Tibetan escapees. The “TAR” Public Security Bureau (PSB) convened a special meeting in December 2006 calling for a strict monitor and vigilance on the ‘fleeing individual’ (Ch: toudu) and called for the launch of ‘Strike Hard’ Campaign beginning January 2007 for six months. According to the official Chinese mouthpiece, Xinhua, dated 4 June 2007, it was reported that a video conference was convened by the “TAR” Head PSB department among various Prefecture PSB departments on 5 May 2007 in Lhasa City to review the overall result of the “Strike Hard” campaign, which was launched on the border areas through which most of the Tibetan refugees escape. The individual officers and concerned departments successful in cracking down were rewarded with accolades, it was reported.
Last year on a bright sunny morning of 30 September, the world has yet seen another bloody killing of an innocent Tibetan crossing the border to seek freedom in exile. As 75 refugees were preparing to cross the glaciated Nangpala, an 18,753 ft. pass close to Everest base camp, the Chinese Border PAP fired live ammunitions on a group of Tibetan refugees killing Kelsang Namtso, a 17 years old from Driru County, Nagchu Prefecture “Tibet Autonomous Region” (‘TAR’) and Kunsang Namgyal, a 20 year old from Kardze was hit by bullets on his leg. He could not escape and along with him 32 other Tibetans including 14 minor boys were arrested by soldiers and taken to Shigatse Public Security Bureau (PSB) Detention Centre. The youngest was eight years old. Out of 75 people, 41 (27 minors below eighteen years) managed to reach Kathmandu, Nepal, where they were kept under the protection of the United Nations High Commission for Refugees.
Under immense international pressure and extensive coverage on the shooting unarmed Tibetans by the Chinese border PAP, the Chinese Foreign Ministry paradoxically referred the shooting as a defensive measures carried on by the border forces. The Chinese Foreign Ministry confirmed that several Tibetans had been injured in a border incident, but denied anyone was killed as a result of gunfire. The authorities claim one of the injured succumbed to ‘oxygen shortage’ in hospital. The official news agency, Xinhua, stated that when asked to turn back, Tibetan refugees ‘refused and attacked the soldiers’ so ‘[t]he frontier soldiers were forced to defend themselves and injured two [refugees].’ The Foreign Ministry agreed with the claim that any violence on the part of the PAP was in self-defense. This was one of the incidents happened and rarely witnessed by the foreign mountaineers.
However, in light of testimonies by the refugees, the foreign eyewitnesses and confirmed by video there is hardly anything left for Chinese to duck the responsibility for killing innocent Tibetan. Jamyang Samten, a teenage youth who made successful second attempt upon reaching Dharamsala told TCHRD that, “the older teenagers and adults were severely beaten, and some children who were not immediately collected by their parents were detained for more than three months”.
TCHRD is gravely concerned about the fate of three arrested Tibetans and other nine who are still missing in midst of tension following gunshot by the Chinese Border PAP. The government of the PRC should ensure that they are not subjected to ill treatment and torture which are common features in Chinese administered detention centres and prisons in Tibet. The actions of the PAP violate a number of international and national laws. Article 14 of the Universal Declaration of Human Rights provides ‘everyone the right to seek and to enjoy in other countries asylum from persecution’. The 1951 Convention on the Status of Refugees also accords legitimate refugees with the same human rights as those enjoyed by nationals.
TCHRD calls upon the UN High Commissioner for Human Rights, Loiuse Arbour, and the Human Rights Council to seek intervention in the securing their early release from Chinese custody without harm. TCHRD also calls upon the authorities of the People’s Republic of China(PRC) to ensure that Tibetans are able to peacefully exercise their fundamental human rights without fear of harassment, intimidation or arbitrary detention, in line with international human rights standards. The Centre will continue to monitor the situation and will update on any development as and when we receive.
[ top]The Assistant Director Mr. Jampa Monlam attended the United Nations Human Rights Council (UNHRC) meeting held from 25 September to 2 October 2007 in Geneva, Switzerland. Mr. Jampa Monlam represented the Centre along with NGOs from various parts of the world. The highlight of the meeting was a special seminar convened on the crisis in Burma in light of thousands of Buddhist monks protested in the streets of Rangoon demanding for the democratic reforms. In the following sessions, the NGOs from all various fields sat down for a dialogue on various issues of global concern, particularly the issue of human rights violations in many parts of the world. Mr. Jampa Monlam tabled and briefed the human rights violations inside during the Dialogue session.
Mr. Urgen Tenzin, Executive Director and Mr. Tenzin Norgay, UN Affairs Personnel briefed parliamentarians from South Tyrol on 4 October 2007 about current status of Human Rights Situation inside Tibet.
On 5 October 2007, Mr. Tashi Choephel and Mr. Chukora Tsering Agloe, researchers; attended a meeting of Tibetan NGOs in Daramsala with a group of British Parliamentarians during their visit to Daramsala this autumn. The Tibet Society of the United Kingdom organized the visit of British Parliamentarians with objectives of giving them a first hand understanding on the realities of the Tibetan situation, to share parliamentary experience and to strengthen the links between the two parliaments, to give additional support to Tibet’s non-violent campaign for freedom and self-determination and to ascertain the current progress of the dialogue between the Chinese government and representatives of the Dalai lama. TCHRD gave a thorough briefing on current situation of human rights inside Tibet and the functioning of the Centre in promoting and protecting human rights and democracy.
On 23 October 2007, the staff of Centre sat down for an interactive meeting with the Delegates of Human Rights Law Network, which publishes Combat Law, a frontline legal Magazine in India.
During the formal interaction, Centre gave an illustrative briefing on actual situation of human rights and the practice of torture in Tibet by the Chinese government. Later the staff fielded many critical questions from the Combat Law staff on the issues of refugees and the need of redefinition of the human rights in view of the fast changing global geo-political scenario.
The Combat Law Magazine devoted 63 pages of out of 98 in extensive story coverage ‘Tibet Trapped’. In the concluding part, both sides agreed to interact closely on future reporting and monitoring of human rights violation faces by refugees.
On 25 - 27 October 2007, Mr. Tenzin Norgay, UN affairs officer and Mr. Chukora Tsering Agloe, researcher participated the conference on “Use of Infomration Technology to combat torture” at Nalzar, National Law University, Hyderabad, India with representatives from Sri Lanka, Pakistan and the People’s Watch NGO from India. It was a cross sharing of knowledge and expertise on documenting, reporting, monitoring and lobbying human rights violation and torture with the use of technology and software systems. The German Based Friedrich Naumann-Stiftung FÜR DIE FREIHEIT funded the conference.
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| Mr. Tashi Phuntsok giving presentation to the co-particpants of the workshop |
Mr. Tashi Phuntsok, Information Officer participated in the 11th Annual Asian Training and Study Session (ATSS) 2007 for Human Rights Defenders, which was organised by Asian Forum for Human Rights (Forum Asia) at St. Gabriel Foundation, Bangkok, Thailand from 7-27 October 2007.
Around 35 participants from various human rights organisations and advocacy groups from 16 Countries (Bangladesh, Burma, Canada, Cambodia, India, Indonesia, South Korea, Lao, Malaysia, Mongolia, Nepal, Philippines, Sri Lanka, Thailand, Tibet, Timor Leste) attended the training and study session.
The three weeks training includes topics such as historical evolvement of human rights, UN and other HR mechanisms, Human Rights trends in Asia, Universality of Human Rights, Gender and Women’s Human Rights, The UN Human Rights System (Charter and Treaty based system), The UN Human Rights Council, Principles of Community Organising, Media Strategizing, Cyber Campaign and Popular education.
On the evening of 17 October 2007, Mr. Tashi made a brief presentation on the current human rights situation in Tibet and historical fact supporting Tibet as an independent state before the Chinese occupation. Later, he screened two short documentary movies: Demolition of Serthar Institute and Nangpa La shooting. incident.