Tibetan Centre for Human Rights and Democracy

Publications

Racial Discrimination in Tibet (2000)

Discrimination in Housing

Arbitrary Searches and Intrusion of Privacy

Article 39 of the Chinese Constitution explicitly states that "The home of citizens of the People's Republic of China is inviolable. Unlawful search of, or intrusion into, a citizen's home is prohibited." In spite of this, it has become common practice in the urban centres of Tibet for Chinese officials to conduct arbitrary and unwarranted searches of Tibetan houses as part of the process monitoring residential permits. Though required by law to produce a search warrant before entering, this is in practice largely ignored, as many refugees testify:

Ngodup Tsomo, 27, from Taktse County in Lhasa Municipality, moved to the Barkhor area of Lhasa city to do business. "Almost every night, around midnight, the Barkhor security police would bang on the doors of a Tibetan house and conduct an inspection. The residents would have no chance to protest, even though most of the time the officials would not have a warrant. They would ask to see the residence permits of every person in the house, and if they found one who hadn't got one, or who hadn't reported his stay to the authorities in Lhasa, they beat him and fined him 100 yuan. Sometimes they would even confiscate all of his possessions as a punishment."

42 year-old Choedup from Chamdo Prefecture in the "TAR" moved to Lhasa when he was 33. "I was living in the Ramoche area of the city with my wife, where there were many Tibetans. The authorities had refused to change my permanent residence permit from Chamdo to Lhasa, so I had to report to the Ramoche Municipality Office every month to get a temporary permit. For this I had to pay 30 yuan every month. The security police would conduct frequent checks at night to check that all the residents of my area possessed official permits, and once inside a house would often conduct a search of the premises to see if there was anything 'political'. In 1998, two relatives of mine came to Lhasa on a pilgrimage and stayed in my house. Because they were only here for a very short time, they didn't get a temporary residence permit, but the authorities had followed them from the temple and conducted an inspection that evening. Two of my relatives and I were then detained in Ramoche police station for two days and ordered to pay a fine of 400 yuan. I was late paying the fine however, and was arrested again a week later and detained for a further three days. During this time some drunken officials beat me severely to 'teach me a lesson', and following my release I had to stay in bed for a week. I quickly came to learn that this abuse and harassment is these days pretty common in Lhasa."

Once again, these arbitrary searches are conducted largely against Tibetans, and are entirely discriminatory. In one illustrative instance, all Tibetans without residence permits were forcibly removed from Lhasa on 21 March 1989 - but no Chinese were made to leave. The Chinese live happily without fear of assault, while Tibetans live everyday in the fear of an "official" police visit. As Scott Leckie concluded,

"Through the imposition of these measures, the housing domain in Tibet has been orchestrated into an arena of insecurity, fear, suspicion and apprehension for the average Tibetan dweller today."


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