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Human Rights Update and Archives
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| Annual Report 2009 |
The year 2009 marked 50 years of exile for the Dalai Lama and the Tibetan people. In five decades the Tibetan people have suffered enormous hardships and systematic human rights abuses by the government of People’s Republic of China (PRC). Human rights violations continue unabated with impunity and there is no sign of let up by the government. The uprising of 2008 by the Tibetans in Tibet was a thunderous call for reform and solution to the Tibetan issue, yet the government continues to callously dismiss the legitimate voice of the people. The bygone year was marked by some defining events. On the one hand the authorities in Chinese administered Tibet executed Tibetans over the spring 2008 protests, announced “serf emancipation day”, struck hard on Tibetan intellectuals and wangled law to drive home the point that the Communist Party is above law. On the other hand, the Chinese and Tibetan people forged closer ties and the Chinese intellectuals and think tanks boldly differed with their government over the issue of Tibet.
During the year fast track courts in Tibet issued death penalty to five Tibetans for their participation in the spring 2008 protests. Pushing aside global appeals to overturn the death penalty, China put into effect the sentences amidst international hue and cry over it. China is the world’s leading practitioner of death penalty carrying out more executions than all the other nations in the world put together. The state aggressively exhibits its right to sovereignty through its implementation of death sentences despite international appeals and a UN General Assembly resolution on global moratorium on death penalty. This was evident from the numerous executions carried out in Tibet, East Turkestan5 and that of a Briton with mental disorder for whom the British government sought clemency.
In response to the wide spread protests on the Tibetan plateau in spring 2008, the government launched a carefully crafted propaganda offensive by announcing 28 March as the “Serf Emancipation Day”. Instead of listening to local voices and bringing about solutions, the government’s imposition of an annual propagandistic festival only refreshes the Tibetans’ memories of 2008 and brings about even deeper resentment against the government. In striking straight against the message of the Tibetan protests in 2008 by bringing further slurs to the Dalai Lama and the erstwhile Tibetan government, the government has further provoked the sentiments of the Tibetans.
Since spring 2008 pan-Tibet protests, Tibetan areas incorporated into the Sichuan province have clearly become the focal point in the whole of present-day Tibet. In the recent past, dominance of political activities has shifted from the so-called “Tibet Autonomous Region” (“TAR”) to Tibetan areas outside the “TAR” designate. This is clearly evident from the total number of arrests, detentions and sentencing statistics maintained by the TCHRD. Although it is certain that the total figures may be far greater than that documented by the Centre, a total of 1,542 known Tibetans continue to remain in detention or are serving prison sentences since spring 2008. Out of the total, 53.17% (or 820 Tibetans) were from Sichuan province, the rest are as follows: 19.90% (307 Tibetans) were from Gansu, 9.01% (139 Tibetans) belonged to Qinghai, 0.19% (3 Tibetans) were from Yunnan and 17.70% (273 Tibetans) belonged to the “TAR”. Additionally the figures for known Tibetans who were legally sentenced since spring 2008 also point to the fact that Sichuan has indeed been most active politically. Out of the 334 known cases of Tibetans having been sentenced, 48.1% (or 161 Tibetans) were from Sichuan province while the remaining were as follows: 37.42% (125 Tibetans) were from “TAR”, 8.68% (29 Tibetans) were from Qinghai and 5.08% (17 Tibetans) belong to Gansu Province. Owing to the fact that Tibetan areas outside the “TAR” witnessed the maximum number of protest incidents since spring 2008 and which is supported by the huge number of legal convictions, it is highly possible that control in areas outside the “TAR” which used to enjoy a relative freedom will be made tighter in the near future. The authorities have already taken stringent measures and heightened vigorous patrolling of the border areas. The number of refugees’ exodus from Tibet has dropped significantly in 2009 and 2008. As against the usual average of around 2000 Tibetans fleeing Tibet, this year only 691 Tibetans managed to escape while 627 fled Tibet in 2008.
The authorities make a mockery of judiciary in present-day Tibet by stifling it to cater to the needs of the Chinese Communist Party (CCP). In order to protect the party interest and legitimize the party leaders call for “people’s war”, laws of the country have been wangled to convict Tibetan demonstrators. According to TCHRD documentation, over 334 known Tibetans have received arbitrary sentences since the spring 2008 protest. Out of the total convictions, 11 are known to have been served with life imprisonment. The legal proceedings have been performed with political motivations and hence were not free and fair. In almost all the cases the defendants had no independent legal counsel and in a few cases where the defendants were being represented by a lawyer of choice, the authorities ensured that these representations were blocked either through intimidation or through procedural tactics. One of the most high profile cases this year was the sentencing of Phurbu Tsering Rinpoche to eight and a half years prison term. Rinpoche’s lawyer from Beijing was barred from representing him and in a closed door trial the court sentenced him to a fixed imprisonment term on charges of “possessing weapons”. Phurbu Rinpoche is a well respected religious figure and as per the established pattern he was framed for his personality and influence over the masses. He was charged of “possessing weapons” in an attempt to manipulate the case as that involving terrorist activity. The local Tibetans never believed such a charge and instead such a conviction stirs up more resentment against the authorities for framing their beloved teacher as a criminal. One such case in the near past was that of sentencing of Trulku Tenzin Delek Rinpoche in 2003 to death with two years reprieve which was later commuted to life imprisonment. Seven years after the conviction, the local Tibetans in Lithang and Nyagchukha counties made fresh appeals for his release in December 2009 to the provincial as well as the central authorities. Huge congregations of Tibetans from all walks of life staged enormous demonstrations to seek the lama’s release and it was eventually compromised that the authorities would allow monthly prison visits to Trulku for Lithang and Nyagchukha people. This latest episode in Trulku Tenzin Delek’s case reveals the people’s clear rejection of the unjust legal conviction passed several years ago. Phurbu Tsering Rinpoche’s case is identical to that of Trulku Tenzin Delek Rinpoche’s case.
During the year Tibetan intellectuals, artists and internet bloggers came under heavy crackdown by the government. They were mostly charged for “leaking state secret” and for activities which are otherwise a standard practice of expression of opinion or belief. Some of the most prominent cases were those of sentencing of Kunga Tsangyang to a five year imprisonment term for writing essays and photographing environmental degradation in Tibet, Kunchok Tsephel Gopeytsang to 15 years for running Chonmei website19, Kang Kunchok, the former editor of Gangsai Meiduo to two years of prison term. Tashi Rabten, editor of a banned literary magazine and author of “Written in Blood” has remained disappeared since July 2009, Dokru Tsultrim, editor of literary magazine “Life of Snow” was arrested in April 2009, Tashi Dondrup, singer who released an album “Torture without Trace” was arrested in December 2009, Gyaltsen and Nyima Wangdue were sentenced to three prison terms for posting Dalai Lama pictures on the popular Chinese chatsite QQ.com, Five monks from Tsakho and Khakhor Monasteries continue to be detained for producing a VCD entitled Chakdrum Marpo.
The government’s severe restriction on freedom of expression is prompting Tibetans to attempt bold ways to relay their message under the knowledge that they would face the most severe of punishment with the trade off that their message will effectively reach a large audience. Video testimonials are becoming popular for their sheer effectiveness in communication, coupled with authenticity of watching and hearing a real individual speaking in front of the camera. Last year, the defiant Labrang monk Jigme Guri fearlessly spoke about torture in detention in a video testimonial; Dhondup Wangchen documented many Tibetans video testimonials regarding their concerns in his documentary “Leaving Fear Behind”; Kelsang Tsultrim of Gitsang Gaden Choekhorling Monastery recorded his testimonials in July 2009 and distributed it widely in his locality; Ven. Rinchen Sangpo recorded video testimonials of Tibetans in Golok region in October 2008 which were released in September 2009. It should be noted that this trend is a desperate attempt by Tibetans inside Tibet to have their voice heard in the absence of independent human rights monitors or media and international observers. Surge in availability of pictures and video evidences coupled with the growing trend of video testimonials indicate an encouraging rise in citizen journalism in Tibet.
Torture is systematic in Chinese administered prisons across Tibet. China’s lies to the world and to the UN mandates on torture were exposed in 2010. Despite the denial of use of torture by the Chinese authorities and the claim of restraint in dealing with the Tibetan protesters, video evidences smuggled out of Tibet utterly shocked the entire world regarding the painful death of a young Tibetan, Mr. Tendar, due to torture inflicted upon him while in detention. His crime was that he interfered when he saw some policemen beating monks during protest in Lhasa in March 2008. For his act in defending the monks, he was brutally tortured in the detention centre and was denied timely medical care on the injuries suffered during torture. At the time of his death the wounds on his body had rotten and a nail was found pierced into his foot when his body was given a traditional sky burial. In other instances, Kalden, a monk of Drepung Monastery who was arrested on 10 March 2008 for participating in the demonstration died in August 2009 after a prolonged period of confinement, torture and maltreatment in the prison. Another prominent case of death due to torture came to light when a 33-year-old nun Yangkyi Dolma died in December 2009 at the Chengdu government hospital. She was arrested on 24 March 2009 when she along with a nun colleague staged a peaceful protest at the Kardze County main market square. They called for “human rights for Tibetans in Tibet”. They were severely beaten by the security forces at the site of the demonstration and taken away to the detention centre. The UN Committee Against Torture in its concluding observations following assessment of PRC’s state report to the Committee in November 2008 made several recommendations to the Chinese government including ensuring that all persons detained or arrested in the aftermath of Spring 2008 events to have “prompt access to an independent lawyer, independent medical care and the right to lodge complaints free from official reprisal or harassment”. However, the recommendations were not heeded by the government as no discernable improvement in prohibiting the use of torture, cruel, inhuman and degrading treatment is evident.
The Chinese authorities blatantly denied use of extreme force upon the Tibetan demonstrators during the spring 2008 uprising in Tibet. The government ignored a joint communication by seven United Nations mandates on protection of human rights and the UN Committee against Torture’s demand for answers by the government regarding the use of excessive force and killings of Tibetan demonstrators particularly in Ngaba County, Kardze County and Lhasa. A year has elapsed since the Committee’s concluding observations in November 2008 and yet PRC continues to passively dismiss the demand for answers by the committee. In the absence of any answer by the government, a young monk who survived the security forces’ indiscriminate firing in Kardze County fled Tibet. 18-year-old Ven. Dorjee Rinchen told a horrifying account of how the security forces without issuing any warning opened indiscriminate firing on a group of peaceful demonstrators which eventually led to the known death of at least 14, including Ven. Dorjee’s uncle. He himself was hit by a bullet but luckily survived the incident and evaded arrest by hiding in the high mountains for over two months. Another Tibetan, 39-year old Tsewang Dhondup also narrowly survived gunshots while trying to help a young monk, Kunga, who later succumbed to bullet injuries sustained during the police indiscriminate firing on a group of around 300 Tibetan demonstrators in Tehor. Dhondup’s friends hid him for 14 months in mountains during which they provided him crude medications and he miraculously escaped death after a lot of encouragements by his friends. He later fled Tibet in the hope of testifying before the United Nations. Despite the availability of first hand victim testimonies, documentary and visual evidences, the government of PRC stubbornly insist on denying the occurrence of these extrajudicial killings.
In true spirit of Bodmi Kyiduk Nyamnyong (a popular slogan used during the Tibetan uprising in 2008 meaning Tibetan people stand together through happy and difficult times), solidarity movement of non celebration of the Tibetan New Year and civil disobedience movement of farming boycott by the Tibetans in Kardze region were extraordinarily successful. The non celebration of Tibetan New Year became a global Tibetan movement with roots in Tibet. There have been reports where some local Chinese authorities have either given direct orders or tried to lure some sections of the society with monetary benefits if they celebrate the New Year. The state dance troupes’ shows, which are usually popular among the people especially during Tibetan New Year, were also shunned at most places. The farming boycott movement had severe repercussions as many Tibetans got arrested and there was at least one known death associated with the movement. The authorities in Kardze, Drango and Nyarong Counties issued notices warning the farmers to till their land or face confiscation of the land. On one occasion the police opened fire on a group of Tibetans who were protesting against a court verdict. There was a crackdown on the farmers and on one occasion the authorities publicly paraded 11 Tibetans who had refused to comply with the authorities’ order to till their farmlands. All the intimidation tactics employed by the authorities failed; however, ironically a request by the exile Tibetan Prime Minister asking the Tibetans to go back to their fields was heeded. Nevertheless, they were already one month late in the cultivation season, hence the farmers incurred heavy loss due to crop failure.
Freedom of religion is severely curtailed in present day Tibet. The Chinese authorities’ tactic of intimidation, restriction of religious activities and movements of monks and nuns in religious institutions ensures the steady decline in the quality of religious education. The continued stringent enforcement of “patriotic re-education” campaign ensures a bleak and dark future for Tibetan Buddhism. In order to achieve “stability”, the authorities continue to primarily target the monastic community under various government campaigns to “reform” and bring the community under control and inculcate “love for the motherland”. The infamous “patriotic re-education” campaign was intensified during the year resulting in widespread violation of freedom of religious worship and beliefs. In deliberate moves, the government officials order the monks to denounce their own spiritual guru, to abuse their highly respected lamas and perform acts which are otherwise prohibited under monastic vows and code of conduct, in the name of “patriotic re-education” initiated by the Chinese as a requisite for continuing as a monk or a nun. The religious persecution in Tibet’s religious institutions is evident from the fact that suicides of monks and nuns in Buddhist Tibet has been on rise since spring 2008 protests in Tibet. The extreme psychological trauma and imposition of irreconcilable demands on the monastic community force the monks and nuns to take the ultimate step despite the fact that Tibetan Buddhists believe suicide to be one of the most heinous forms of sins that violate the cardinal precepts of the doctrine.
In an ethnically exclusionary economic growth, the development projects do not bring direct benefit to the Tibetans. The Chinese administrators in Tibet in calculated and deliberate allocation of resources award most contracts to out-of-province state-owned enterprises rather than to locally owned and operated businesses. The state is obsessed with projects involving resource extractions rather than the development of human capacity. This is evident in the UN Human Development Report in where Tibet’s human development index is at the bottom of all of the PRC’s provinces. The high level of illiteracy results in Tibetans being at a significant disadvantage in protecting their human rights and in enjoying the rights of citizenship. Making the matter worse is the fact that ethnic Han Chinese continue to hold top CCP positions in nearly all counties and prefectures making it ever difficult for Tibetans to have a say in decision making.
In the name of “progress”, resettlement programs by the government has been uprooting and disrupting traditional Tibetan ways of life at a fast pace. In violation of international laws on development, these displacements occur without compensation and consent of the affected population. Also of utmost concern is the unavailability of affordable health care for the Tibetans. This is particularly problematic in Tibet’s predominantly rural areas. Ever mindful of presenting a positive image of Tibet to the outside world, PRC focuses its resources and attention on the cities that attract the most tourists.
Under the rule of government of PRC, education in Tibet has deteriorated immensely as it has been treated as a vehicle to propagate and strengthen CCP’s grip on Tibet. The poor condition of the schools, low quality of teaching and designing of a curriculum to brainwash the children in socialist ideologies and discouragement of children from speaking their own language and learning their own history triggers the painful decision to flee into exile where there is an opportunity of receiving broad-based modern education. Under such painful circumstances parents send their children, oftentimes never to see them again, trusting strangers and guides to make the treacherous journey across the Himalayas where they will be admitted in the network of schools run by the exile Tibetan government.
In accordance with the Universal Declaration of Human Rights (UDHR) and as a member state to the Convention on the Rights of the Child (CRC), and the International Covenant on Economic, Social and Cultural Rights (ICESCR), the PRC is obligated to ensure that the rights contained in the international instruments are upheld. The constitution of the PRC calls for “the duty as well as the right to receive an education” and Education Law stipulates that the citizens have the right to education “regardless of their nationality, race, sex…or religious belief”. Despite the mandates from the domestic as well as international laws, the state maintains policies and programs that functionally deny Tibetan children access to adequate education. This denial has serious consequences for the Tibetan population and the preservation of their culture. Disparities and inequality in education has resulted in the further economic marginalization of Tibetans and they are precluded from employment opportunities on account of inferior education forced upon them. Since the Chinese settlers possess advanced education and Chinese language abilities, many Tibetans are unable to compete with them in getting jobs. Unless the government ensures to meet its obligations to provide the Tibetan children with their fundamental right to an education, children will continue to risk their lives by making the dangerous journey over the Himalayas to receive education in exile.
Despite the fact that the government of PRC continues to maintain an iron-fist rule over Tibet, the Dalai Lama has expressed his genuine faith and sincerity in the Chinese people. Over 100 Chinese and Tibetan delegates consisting of intellectuals, scholars, lawyers and human rights workers met in Geneva, Switzerland, in August 2009 to promote understanding between the two communities and to find ways for a peaceful solution of the Tibetan issue. This Sino-Tibetan conference ‘Finding Common Ground’ concluded that the root cause of “the Tibetan issue is not a conflict between the Chinese people and the Tibetan people, but rather the autocratic rule of the People’s Republic of China in Tibet and its cultural genocide in Tibet” and strongly proposed that “the resolution of the Tibetan issue is closely related to the democratization of China”.
The Chinese intellectuals, scholars, lawyers and human rights defenders proved extremely bold in showing their integrity and professionalism. In stark defiance of the government position regarding the uprising of the Tibetaten people as being “criminal activities of looting, burning and smashing”, Beijing-based lawyer’s organization and think-tank Gongmeng (Open Constitution Initiative) published a groundbreaking report in May 2009 which boldly refuted the official position and put forward policy failings by government as reason for the Tibetan people’s uprising against the government. As expected the authorities quickly reacted to the report and shut down the organization alleging “tax evasion” and calling it “illegal”. Beijing Justice Bureau revoked the licenses of 53 lawyers associated with the group.
2009 was the year when the United Nations focused strongly on the issue of racism worldwide. The High Commissioner for Human Rights, Ms. Navinatham Pillay, in her statement on the International Human Rights Day on the theme of concept of non-discrimination reckoned that “Minorities in all regions of the world continue to face serious threats, discrimination and racism, and are frequently excluded from fully taking part in the economic, political, social and cultural life available to the majorities in the countries or societies where they live”. During the year Tibetan voice over racism in Tibet was effectively gagged by the Chinese government both directly and indirectly. In April 2009, China made sure that the Tibetan Centre for Human Rights and Democracy (TCHRD) was not allowed accreditation to the UN Durban Review Conference through effective wangling of procedural tactics. In August 2009, the UN Committee on the Elimination of Racial Discrimination met to scrutinize China’s compliance to the Convention on the Elimination of Racial Discrimination. While the Secretariat of the CERD included Chinese government sponsored NGO reports on its official webpage, it made inclusion of TCHRD’s alternate report conditional by directing the Centre to remove mention of China’s occupation of Tibet and the phrase cultural genocide mentioned in the conclusion of TCHRD’s alternate report. The Centre expressed its inability to comply with the directive thereby maintaining its position that Tibet is a land under foreign occupation and racism is inherent in a colonized land. In light of the worsening human rights condition in Tibet, during the 12th session of the UN Human Rights Council, the High Commissioner for Human Rights called on the Chinese authorities “to respect human rights in upholding the law…also encourage them to reflect on the underlying cause of such incidents, which include discrimination and the failure to protect minority rights”. The High Commissioner’s message for China to end the human rights violations of the minorities and to address the root causes of the problem rather than suppressing rights of the people must be heeded and put into action through good faith by the government of PRC. China should exhibit qualities of moral uprightness and compliance to human rights standards in view of its controversial reelection to the Human Right Council for a second term in May 2009. In February 2009, while accepting some recommendations, China rejected most of the substantive recommendations made by the UN member states through the Universal Periodic Review (UPR) system to advance human rights in China. Abolition of death penalty, implementation of Committee against Torture’s recommendations, reform of state secret laws, abolishment of reform through labour and black jails, abolishment of various systems of arbitrary detention, establishment of national human rights institutions and guarantee of religious freedom were some of the strong recommendations which were rejected absolutely by China. The UPR system as a state driven process to improve human rights among UN member states is a failure with regard to China.
US President Barack Obama’s visit to China was one of the most important events in 2009 for China watchers and human rights watch dogs. While President Obama reiterated the United States of America’s position on Tibet as a part of China, he also supported the early resumption of dialogue between the Chinese government and representatives of the Dalai Lama to resolve any concerns and differences that the two sides may have. During the year there was no meeting between the envoys of the Dalai Lama and the Chinese leadership since talks broke down in late 2008. The former Under Secretary of State for Democracy and Global Affairs and Special Coordinator on Tibetan issues, Ms. Paula Dobriansky, noted that the “Obama administration should call for substantive dialogue between Beijing and the Dalai Lama’s envoys. President Obama should meet with the Dalai Lama when he comes to Washington in February [2009] and publicly appeal to China’s leaders to let the Dalai Lama make a pilgrimage to China.” Taking cue from the precedent set by the US administration, Australia and New Zealand have followed suit in not meeting the Dalai Lama. Last year the British government withdrew its position of Chinese suzerainty over Tibet and this year Denmark changed its position on Tibet on the eve of UN Summit on Climate Change in Copenhagen. These latest developments in change of approach and positions by governments are worrisome and indicate strongly to western governments’ appeasement strategy in light of newly rich and strong China.
“The First Working Action Plan on Human Rights Protection 2009-2010” released by the Information Office of China’s State Council on 13 April 2009 was a welcome initiative. This document promised citizens more legal protection, better livelihoods, greater civil and political rights, including rights of detainees and the right to a fair trial. While it is encouraging to note that the government put forward a benchmark document, it is equally unfortunate to see that its implementation is not considered seriously especially in the light of the summary executions carried out in Tibet and East Turkestan. The document lists the theoretical improvements along with age-old rhetoric on remarkable achievements made in the field of human rights protection and enjoyment of human rights and freedom in accordance with law at an opportune time, the international community waits for China to prove that it is not the same wine in a different bottle.
The year 2009 has been a year of legal convictions in the wake of pan-Tibet spring 2008 Uprising in Tibet. High arbitrariness in the sentencing of numerous Tibetans clearly exposes the summary and arbitrary nature of judiciary in Chinese administered Tibet. It brings forward the focus that judicial apparatus in China is politically motivated and hence the extreme harshness in dealing with people’s aspiration for fundamental human rights. Irrespective of the government’s strategy of cracking down harshly on political dissidence, the Tibetans continue to show defiance in pursuit of human rights and freedom. Despite the government’s iron-fist rule, the Chinese intellectuals, scholars, lawyers and human rights workers have remained undeterred. This positive energy in the intellectual community in China raises hope for change in the People’s Republic of China.
[ top]TCHRD ACTIVITIES BULLETIN
TCHRD releases its Annual Report 2009
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| Press Conference in session |
On 22 January 2010, Tibetan Centre for Human Rights and Democracy (TCHRD), launched its “Annual Report 2009: Human Rights Situation in Tibet” (English and Tibetan) during a press conference held at Lhakpa Tsering Hall, Department of Information and International Relations (DIIR), Gangchen Kyishong, Dharmasala.
The Centre’s Executive Director, Mr. Urgen Tenzin and Assistant Director, Mr. Jampa Monlam briefed about the current human rights Situation in Tibet to more than twenty media persons from various agencies. The conference was followed by question answer session.
In the afternoon of 22 January 2010, the Centre held a separate press conference at the India Coffee House, Lower Dharamsala. The Press Conference was attended by number of journalist and reporters representing various local and national media and press agencies, the Press Conference was presided by Centre’s Executive Director, Urgen Tenzin, Jampa Monlam, Assistant Director and Mr. Tashi Choephel Researcher. The Press statement and Centre’s Annual Report was distributed among the members of media persons present at the Press Conference. Later Press Conference was concluded with question and answer session. .
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