Annual Report, 1998 - Tibet:
Crackdown on Humanity
In 1998, the 50th anniversary of the Universal Declaration
of Human Rights was celebrated internationally. Despite
recognition of this declaration, the People's Republic of
China continues to breach the provisions therein, leaving
the Tibetans very little to celebrate. 49 years after the
PRC occupied Tibet, the freedom to exercise fundamental
human rights has not been restored.
The People's Republic of China has successfully
deflected international pressure with regards to its
human rights record, primarily on account of its massive
market economy. Despite a number of visits from foreign
delegations during the year, few practical revisions have
been made to amend the situation. Evidence actually
indicates a contrary trend; an increasingly tighter
governmental control over all sectors of Tibetan life
which is seriously jeopardising the survival of the unique
Tibetan culture and people.
It appears that China is attempting to alienate the
Tibetans from their own identity in order to prevent
dissension. The Tibetan population is being marginalised
in all domains. Extreme repressive measures imposed on
religion, an intrinsic element of the indigenous culture,
continue to stifle Tibetan cultural autonomy. The right to
freedom of expression and opinion is consistently negated
and many Tibetans are arrested arbitrarily on account of
such activity.
Tibetan autonomy is also severely restricted by lack of
true representation in the political sector, and Tibetans
consequently face discriminatory policies and further
marginalisation in their own land. State-encouraged
population transfer of Chinese into Tibet exacerbates
this condition. Population transfer, augmented by harsh
birth control policies contrary to domestic law, has
grave implications on the survival of the Tibetans. These
practices must be curbed.
The harsh suppression of a peaceful demonstration inside
Drapchi Prison, Lhasa, in May 1998, is evidence of China's
absolute disregard of the Tibetans' right to freedom of
expression. There are confirmed reports of 10 prisoners
who died as a result, and many more were injured. Others
who participated in the demonstration have endured severe
repercussions. The demonstration occurred at the time of
an official visit by European Union Troika Ambassadors,
yet the Chinese monopoly over information prevented the
delegation from finding out about the incident until
they had left the region. Information regarding the
incident is still very restricted. This is an indication
of overwhelming governmental control in the region, and
causes concern to human rights monitors as the Chinese
government obviously has an unbounded ability to manipulate
the dissemination of information regarding all human rights
issues.
Following the EU Troika mission, Tibet was also visited by
members of the Danish Parliament's Foreign Policy Committee
in August 1998, and by the UN High Commissioner for Human
Rights, Ms. Mary Robinson, in September. Each visiting
party expressed dissatisfaction with the limits imposed on
their visit by the Chinese government. Little contact with
Tibetans was permitted unless accompanied by government
officials and all items on the itineraries were subject
to Chinese approval. Unfortunately, despite the admission
of these restrictions on their visits, delegation reports
were diplomatically ambiguous, failing to put sufficient
pressure on the Chinese government to rectify the current
abusive practices in place.
On October 5, 1998 the PRC signed the International
Covenant on Civil and Political Rights. This is a
welcomed gesture, and both Tibetan and international
communities await evidence of suitable adaptations to bring
Chinese domestic law and practice into line with these
standards. Present practices transgress international
human rights standards, and although improvements have
been made in some areas, a more comprehensive scheme
for the protection of the Tibetans' human rights must be
implemented immediately.
Freedom of Expression
Despite their obligation to ensure that all citizens
can enjoy freedom of expression and opinion, the PRC has
actively repressed this right. Any expression of opinion
contrary to Chinese Communist Party ideology can result
in arrest and in 1998, 56 Tibetans were arrested for such
actions, 31 of these were detained.
The repressive measures are focused on religious
institutions which the Chinese identify as the primary
source of contrary ideas. Since the launch of the "Strike
Hard" campaign in 1996, the Chinese government has
systematically covered religious institutions in Tibet
in an attempt to eradicate allegiance to the Dalai Lama,
Tibetan nationalism and any dissension. Thousands of monks
and nuns have been expelled as a result of this initiative
and hundreds have been arrested. The campaign has been
introduced into the lay sector so no Tibetans are exempt
from this repressive policy.
This is a deliberate denial of the right to freedom of
expression and if continued, the Tibetan cultural heritage
will be seriously endangered. This governmental policy
must be immediately checked.
Arbitrary Arrest and Detention
The 1996 amendments to the Chinese Criminal Procedure
Law failed to implement mechanisms to protect individuals
from arbitrary arrest and detention. The International
Covenant on Civil and Political Rights, which China signed
in October 1998, contains provisions which uphold the right
of citizens to be free from such a risk, and appropriate
amendments to the national constitution are anticipated.
The vast majority of the 135 arrests of Tibetans in
1998 were arbitrary; imprisoned on ambiguous charges of
"endangering state security." Incarcerated for exercising
their basic rights, the prisoners are denied many rights
whilst in detainment. Legal proceedings fail to meet
international standards; the accused are often denied
legal representation, visitation rights and the right to
appeal. They are often subjected to torture in order to
extract a "confession," and many are detained without any
judicial proceeding at all.
Political Prisoners and Prisoners of Conscience
In December 1998 there were 1083 known Tibetan political
prisoners in Chinese prisons. 246 of these were women
and 12 were juvenile. An additional 93 prisoners, now
of adult age, were imprisoned as juveniles and remain in
incarceration. 76 of the prisoners are serving sentences
of more than ten years. The rate of imprisonment for
political reasons in Tibet is far greater than in other
areas beneath Chinese rule. It is indicative of the
extent of the comprehensive campaign of the government
to eliminate any views contrary to official policy in
Tibet. This is a direct violation of basic rights to life,
liberty and freedom of expression.
Torture in Detention Centres and Prisons
Torture constitutes a profound abuse of human rights yet
despite being party to various international convention’s
which outlaw the practice, the Chinese government continues
to tacitly endorse its use in detention centres and
prisons.
The ultimate violation of human rights is the termination
of life. In 1998, 19 Tibetans died prematurely whilst in
detention. Eleven of these deaths resulted from the Chinese
suppression of the peaceful demonstration in Drapchi Prison
in May. Since 1986, the deaths of 60 Tibetans in detainment
have been recorded.
Testimonies from former political prisoners confirm that
torture remains prevalent in prisons in Tibet. The primary
function of this torture is to extract a confession from
the prisoner in the pre-trial stage but accounts indicate
that it continues throughout detainment. This practice
is unacceptable, and is in direct contradiction with the
United Nations Convention Against Torture. After a decade
of participation in this convention, China is yet to fulfil
its responsibility to eradicate torture from its detention
institutions.
Religious Persecution
China's comprehensive repression of religion in Tibet
was intensified in 1998. An overwhelming increase in
the number of expulsions of monks and nuns from their
institutions is evidence of China's intention to further
restrict religious practices in Tibet. 327 monks and nuns
were arrested and 7156 religious people were expelled from
their religious institutions as a result of the "Strike
Hard" campaign during the year.
The campaign was introduced nation wide in May 1996
with an overall aim of reducing general crime and
corruption. In Tibet, the accompanying programme
of "patriotic re-education" was the focus, aimed at
diminishing any subversive sentiment and restricting
Tibetan nationalism. The Tibetan Centre for Human Rights
and Democracy has recorded 9,977 expulsions since the
inception of the programme and 492 arrests of monks and
nuns.
China has recently declared Tibet to be non-Buddhist and
is implementing measures to achieve this end. The Dalai
Lama, the spiritual and temporal leader of Tibetans,
and his recognised Panchen Lama have been denounced. The
nine year-old 11th Panchen Lama has been missing since
his status was announced in 1995. Even photographs of the
Dalai Lama have been banned. Numerous institutions have
been closed down completely and other religious monuments
have been destroyed. The right to freedom of religion is
consistently negated in Tibet.
Women's Rights
Domestic legislation and international obligations have
failed to uphold the rights of Tibetan women in Tibet. The
primary violation of their rights results from birth
control policies. Despite domestic laws which guarantee
concessions for minority groups, Tibetan women continue
to be subjected to enforced sterilisation, contraception
and abortion procedures. They are not given the option
of voluntary contraception methods nor are they provided
with adequate healthcare following these procedures. Fear
of sterilisation deters many women from seeking medical
attention for other ailments and thus the health of Tibetan
women is compromised.
The rights of women to freedom of expression are also
violated. There are presently 246 known female Tibetan
political prisoners. These women are vulnerable to
sexual abuse, torture and hard physical labour. China
ratified the Convention on the Elimination of all forms of
Discrimination Against Women in 1980 but is yet to fulfil
its requirements.
The Rights of the Child
Contrary to international and domestic regulations, the
rights of Tibetan children are not being fully protected by
the Chinese government. Due to subsistence difficulties,
inadequate facilities and discriminatory measures, many
Tibetan children are denied access to adequate healthcare
and schooling. The health of Tibetan children is of a
substandard level. In some counties the weight-for-age
ratio has been classified as "unacceptably low" and reports
indicate that chronic malnutrition is restricting the
growth of Tibetan children.
Within the education system, indigenous children face
significant discrimination. As they are now part of a
minority population, the education system is not directed
to them but to the Chinese immigrants. Consequently they
are disadvantaged throughout their entire education and
this in turn impacts on future employment opportunities.
Tibetan juveniles are not exempt from China's repression
of freedom of expression. There are presently 12 Tibetan
political prisoners below the age of 18 and 93 others
who were imprisoned as children but are now adult. 2,206
child monks and nuns were dismissed from their religious
institutions in 1998 and were thus alienated from their
right to freedom of religion, culture and education.
Overall subsistence levels must be raised and
discriminatory tactics abolished in order to address the
urgent needs of Tibetan children.
Population Transfer
The transfer of Chinese citizens into Tibet is perhaps
the most significant threat to the Tibetan people as a
whole today. If the government is permitted to continue
its present policies of population transfer, Tibet may
face total marginalisation; a fate not unlike that of
Inner Mongolia, Manchuria and Eastern Turkistan.
The affects of the deliberate strategy are already
apparent. Tibetans are denied complete access to the
political sector and are subjugated to Chinese law.
As a result, they are vulnerable to exploitation and
negligible policies. Massive economic developments, the
catalyst for much of the immigration, is exploiting the
land and destroying the livelihood of many indigenous
people. The traditional subsistence economy is being
replaced by a market economy from which the Tibetans are
alienated. Subsistence capabilities are being severely
diminished which compromises all other rights. Tibetans
face physical displacement on account of the Chinese influx
and are losing the right to autonomy over their land.
Economic hardship, combined with blatantly discriminatory
policies, is also disabling the Tibetans opportunities in
education and health. The ramifications of such alienation
are profound. When all these factors are considered along
with the stringent birth control measures imposed on
Tibetan women, the motives of the People's Republic of
China have a much more guileful undertone.
Subsistence Rights
Increased Chinese migration, discriminatory policies
and inadequate social welfare combine to create a hostile
economic environment for Tibetans. More than 70 per cent of
Tibetans in the "TAR" now live below the poverty line. The
destruction of their traditional subsistence economy is
creating an economic void for the indigenous people as
they have been alienated from the market economy which
has replaced the former. China's economic development
programmes are repeatedly failing to alleviate the poverty
and new means of financial assistance must be employed.
These difficulties are compounded by harsh
taxation policies that have been implemented without
concession. Tibetans are being greatly affected by these
demands which sometimes constitute as much as half their
salary. China plans to equate tax revenue from the "TAR" to
that of the rest of China and with so many "TAR" residents
living in poverty, such an intention is clearly abusive.
It is essential that China relax their taxation policies
and redirect their annual subsidy for the "TAR" so
that the living standard of Tibetan individuals may be
raised. Until this is achieved, many basic human rights
cannot be assured.
Enforced Disappearance
A major breach of the human right to life, liberty and
security of person is in cases of enforced disappearance;
when a person is taken into custody by the state and
details of their detention are not disclosed. Such acts
cause immense anxiety to the detained person and to all
concerned individuals.
12 new cases of such disappearance were reported to TCHRD
in 1998. Details of all remain inaccessible. The condition
and location of 18 of the 22 reported cases last year are
yet to be released. The Chinese government is urged to
immediately release all information regarding the situation
of these missing persons.
Racial Discrimination
The immigration of increasing numbers of Chinese into
Tibet has forced the Tibetans into minority status and
made them vulnerable to various forms of discrimination.
Despite being a party to the International Convention on
the Elimination of All Forms of Racial Discrimination,
domestic laws are failing to provide the Tibetans
with an environment free from discrimination. Some
government-endorsed practices are blatantly discriminatory,
to the detriment of the Tibetans.
Tibetans rights in the political sector are severely
restricted which annuls their lawful right to
autonomy. They also suffer distinct biases in education
and health care which greatly affects both their cultural
and physical development.
The continual influx of Chinese settlers is also resulting
in discrimination in the employment sector and the Chinese
government is yet to introduce steps to rectify this issue.
Conclusion
By the end of 1998, the People's Republic of China had at
least signed each of the three covenants comprising the
International Bill of Rights. This gives rise to the hope
that effective measures will soon be implemented to align
China's domestic laws with these international norms in
order to cease the current violations of human rights.
The cultural and physical survival of the Tibetan
population in Tibet is greatly threatened today by
continual infringements of these rights. China must
actively address this issue. Previously, participation
in such covenants has not guaranteed compliance with the
provisions therein, and the international community is
urged to monitor the situation closely.
Individual and collective rights abuses continue to
challenge the Tibetan people in their daily lives and in
the future survival of their unique cultural identity.
The Chinese government is obliged to rectify this situation
immediately by amending their domestic law to provide
for the protection of all rights. The signing of the
International Covenant on Civil and Political Rights is a
welcome indication, but the Tibetan people await evidence
of China’s adherence to this and other codes. Continual
international pressure is essential in encouraging the
Chinese government to abide by the regulations of the
covenants of human rights.
[Contents]
There is little doubt that China shows insufficient regard
to its obligations under the Universal Declaration of Human
Rights and various other human rights instruments. This
report provides evidence of the continued breach of these
regulations. We request the United Nations Commission on
Human Rights and the international community to urge China
to consider the following recommendations.
Release
all the political prisoners and prisoners of conscience
imprisoned in various Chinese prisons in Tibet.
Define
the term "endangering state security" in its Criminal
Procedure Law which in its present ambiguos state defeats
various rights of Tibetan people, particularly the right
to freedom of expression and opinion.
Adhere
to the regulations in international community which protect
individuals from arbitrary arrest and detentions.
Ensure
that detainees receive adequate prison facilities as
stipulated by the Standard Minimum Rules for the Treatment
of Prisoners and prohibit the use of torture. Also gurantee
right of access to legal representation and proceedings.
Protect
the rights of the Tibetan people to freedom of religion
thereby eliminating the policy of religious repression
through the “strike Hard” campaign.
Abolish
policies of population transfer and forced abortion and
sterilisation which threaten the cultural and physical
survival of the Tibetan people.
Gurantee
the rights of Tibetan children, including access to education,
and freedom from discrimination and juvenile detention.
Prevent
the imposition of unreasonable taxation policies that
jeopardise the livelihood of the Tibetan people, especially
in the rural areas.
[Contents]
International covenants provide for the rights of
freedom of expression, assembly and association without
any interference from the state, yet Tibetans enjoying
these fundamental rights risk long-term imprisonment and
torture. Of the 135 known arrests in 1998, 56 Tibetans
were arrested for exercising their right to freedom of
expression. Peaceful expression of Tibetan nationalism,
allegiance to the Dalai Lama or criticism of the Chinese
government can result in imprisonment or other forms of
punishment.
The latest grave incident of the violation of freedom of
expression occurred in Drapchi Prison in May 1998. Tibetan
prisoners in Drapchi staged peaceful protests on May 1 and
May 4 by raising slogans and distributing leaflets amongst
the prisoners. On both occasions, the People's Armed Police
(PAP) and the Public Security Bureau (PSB) officials
opened fire on approximately 500 Tibetan prisoners in an
attempt to suppress the protest. The officials also used
bayonets, sticks, metal rods and electric cattle prods.
11 deaths and some 200 serious injuries resulted. This
display of repression indicates the PRC's total disregard
of international standards protecting the fundamental
right to freedom of expression.
The right of religious people to freely express their
opinion has been targetted by the People's Republic of
China since the launching of the "Strike Hard" campaign
in April 1996. Beneath this campaign, a "patriotic
re-education" programme was implemented in the religious
institutions in Tibet in an attempt to suppress opinions
contrary to Party policy. Monks and nuns are forced to
sign pledges of political allegiance to China and denounce
the Dalai Lama, and those who fail to comply are labelled
"splittist" and face expulsion or arrest. The campaign
was officially extended into the lay sector in November
1997. In 1998 Tibetan Centre for Human Rights and Democracy
recorded 7,156 expulsions and 327 arrests of monks, nuns
and lay people for exercising their right to freedom of
expression. There has been no sign of a relaxation of
these suppressive practices.
International Law
The right to freedom of expression and opinion are
specifically stated in Article 19 of the Universal
Declaration of Human Rights:
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.
Freedom of expression is also recognised in Article 19
of the International Covenant on Civil and Political
Rights to which China has recently become a signatory.
It clearly states that:
Everyone shall have the right to hold opinions without
interference.
China's domestic laws are inconsistent with the
international laws to which they have, in principle, agreed
to respect. Under the 1997 amendments of the Criminal
Procedure Law, the charge of "counter-revolutionary"
activity has been replaced with the charge of "endangering
state security." Details of the new terminology have not
been clearly identified by the Chinese authorities, and it
appears that the new charge encompasses the same offences
as defined by "counter- revolutionary" activity. Any
expression of opinion contrary to government ideology may
be deemed a threat to national security and as a result
this right is consistently denied.
China has failed to realise its obligation to protect the
right to freedom of expression and to create an atmosphere
in which everyone may enjoy this basic right.
Cases of Violation of Freedom of Expression and Opinion
The following cases are a few of those reported to TCHRD
in 1998 and are indicative of China's continuing violation
of the right to freedom of expression and opinion.
-
Palden Wangmo and her daughter Kunchok Chodon
were arrested in early 1998 for refusing to comply with
the orders of Chinese "work team" officials. Similarly,
Thupten Tenzin, a senior monk in Rongpo Rabten Monastery
and Gyalchoe from Pa Dha monastery were arrested
for questioning the "re-education" campaign in their
monasteries. Six monks from Serpo Monastery were arrested
for similar offences.
-
Tenpa Rabgyal,
a 27 year-old monk from Tashi-Ge Kun-Phel-Ling Monastery,
was arrested in February 1998 for writing some prayer
notes for the long life of His Holiness the Dalai Lama.
-
Gedun Tharchin (25), Tenzin Lobsang (25),
Gyaltsen Tsultrim (18), and Tenzin Tsultrim (17),
were arrested on February 12, 1998 for pasting Free Tibet
posters when the Chinese "work teams" arrived in their
respective monasteries. They were all from Rongpo Rabten
Monastery in Sog County, Nagchu region and are currently
held in Sog County prison.
-
Samdup,
a 28 year-old monk from Drepung Monastery, was
re-arrested in May 1998 for pasting independence posters
in the monastery. He is currently being held in Seitru
Detention Centre but details of his sentence have not been
disclosed. He was first arrested on May 13, 1992 for taking
part in a peaceful demonstration in Lhasa along with ten
other monks from the same monastery. He was released in
1994, after serving a sentence of two years in Drapchi
Prison.
-
18 monks from Tashi Choeling Monastery were arrested for
pasting posters in June 1998 and were detained for one
month.
-
Ngawang Kyonmey,
a 28 year-old from Toelung Dechen was arrested on September
18, 1998 on charges of conspiring to hand a letter to the
High Commissioner for Human Rights, Mrs. Mary Robinson,
during her visit to Tibet.
-
Lobsang Sherab (33), Lopel (25), Palkho (25), Tingzin (34),
Tenzin (25) and Palden (29)
from Kirti Monastery in Ngaba County, Sichuan Province
were arrested for pasting independence posters inside
the monastery and opposing the Chinese "work teams" after
their arrival on October 16, 1998.
-
Bhu Dawa,
a 24 year-old lay man from Jamdun Dogo, was arrested on
January 20, 1997 for pasting independence posters and is
currently in Drapchi Prison.
-
On May 4, 1997,
40 students from Tibetan Middle School in Ngaba "TAP"
formed the "Rig-Tsel Tsok Pa" (Arts and Literature
Association). Twenty-year-old Tsundu and another boy
(name unknown) aged 19, were the founders of the group. The
members of the associaton gathered in the school auditorium
in front of all the students and sang a song of praise
to the Dalai Lama. Behind them hung a flag they had
made showing a snow mountain in the centre with a sun on
one side and a moon on the other. The following morning
local police came to the school and seven students from
the group were arrested as a result of the display. After
three days of detention five of the students were released
upon payment of 5,000 yuan (US$ 625) each. The students
were threatened with expulsion from school if they did not
pay. Tsundu and another boy were detained for 10 days and
also had to pay 5,000 yuan bail. They had been identified
as the leaders of the group and as a result were expelled
from the school. They have been forbidden from attending
any school or participating in any kind of employment for
three years.
-
In April 1997 in Jamdun Monastery, Drayab county, three
monks were arrested on charges resulting from pasting
posters. Nyima, Nyima Tsering and Gyaltsen were sentenced
to five years imprisonment in March 1998. The monks were
aged between 20 and 27 years.
-
Around April 1997 in Rinchenling village in Meldro Gongkar,
a 50 year-old female oracle (name unknown) called for
people to support Tibetan independence while she was in
a trance. Her husband Drakdok tried to stop her but she
continued. Chinese police accused both the husband and
wife of calling independence slogans. They were arrested,
along with the woman's father, and taken to Medro Gongkar
police station before being transferred to Drapchi Prison.
-
Jampa,
a 30 year-old monk from Sera Monastery was arrested
in August 1997 on the charge of distributing pamphlets
regarding the reincarnation of the Panchen Lama. He was
sentenced to five years and is now in Gutsa Detention
Centre.
-
Trulku Ka Bukey,
(also known as Nazod Trulku), 30 year-old religious
teacher from Nubsur Monastery was sentenced to seven years
imprisonment in December 1997. He is currently detained
in Maowan Qiang County prison, which is a part of Ngaba
County Labour Camp. He was arrested on May 10, 1996 by
the People's Armed Police during the 40th anniversary of
foundation of Serta County. He was arrested for initiating
a 25 km peace march from Nubsur Monastery to Serta County,
for carrying a Tibetan national flag and distributing
pro-independence leaflets to the public.
-
Gonpo,
a 45 year-old businessman from Thawa Village, received
five years imprisonment in December 1996 for distributing
independence leaflets during a three-day ceremony held
at Ngaba County in June 1996. He was arrested in July
1996 and was imprisoned in Maowan Qiang County Prison,
which is a part of Ngaba County Labour Camp. According to
recent information from Tibet, he was severely tortured
and two ribs were broken after beatings.
-
In October 1996 local PSB officials arrested six monks of
Taktsang Lhamo Monastery, in Gansu Province. They were
alleged to have instigated a crowd to revolt against
Chinese oppression and for hoisting a Tibetan national
flag in a prominent place in Gannan Prefecture. Four were
detained in Gannan "TAP" prison, and two were held in
Lu-Chu County Prison, also in Gannan "TAP."
-
Lobsang Choephel,
aged around 25, was a monk in Thekchen Jangchup
Choeling Monastery. He was arrested on December 4,
1996 for having pasted an independence poster in Drepung
Monastery. Twelve days after his arrest he was taken to a
"reform-through-labour" camp. He was sentenced while in
the camp (sentence unknown) and reportedly accepted the
charge of pasting the poster.
-
Kelsang Tenzin,
a 27 year-old from Nyemo County, was a monk and the
scripture printer of Sera Monastery. In 1996 he was charged
with having made wooden block prints reading "Freedom
Organisation." He was subsequently sentenced to three
years in Trisam Prison.
-
Lobsang Thokmey (lay name: Bhutuk)
and Lobsang Tenphel (lay name: Pasang Ngodrup),
both aged 22, from Dongtse Monastery in Gyaltse
County, Shigatse Region "TAR," were arrested in 1996 after
pasting posters on the entrance gate of Chinese shops and
hospitals in Dongtse Prefecture. The poster read: "Tibet
is free. China is forcibly depriving Tibetans of their
basic human rights. The Chinese are selling worthless and
inferior goods in Tibet at exorbitant rates, Chinese are
cheating the poor Tibetan farmers by compelling them to
sell their hard-earned grain and other products at minimal
rates." The two monks were tried in Gyaltse County Public
Court and charged with "propagating splittist actions."
Lobsang Thokmey was sentenced to four years and Lobsang
Tenphel to two and a half years. Both are currently held
in Drapchi Prison.
[Contents]
The UN Working Group on Arbitrary Detention defines
arbitrary detention as:
Cases of deprivation of freedom when the facts giving rise
to the prosecution or conviction concern the exercise of
the rights and freedoms protected by certain articles
of the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights.
Arbitrary arrests and detention continued to take place
in Tibet in 1998. 135 arrests of Tibetans in 1998 were
recorded and almost all these are deemed arbitrarily
arrested and detained.
On October 5, 1998 the People's Republic of China (PRC)
signed the International Covenant on Civil and Political
Rights (ICCPR) which binds them, in principle, to the
provisions therein, including the protection of citizens
from arbitrary arrest and detention. The decision to enter
the agreement appears to be merely an attempt to deflect
international pressure on the Chinese government to uphold
international human rights standards. China continues to
evade these international obligations by qualifying the
conditions of the Covenant.
In its revision of the Criminal Procedure Law (CPL)
in 1996, the PRC failed to ensure the protection of all
citizens from arbitrary detention and unfair trial. The
threat of arbitrary arrests has actually increased
under the CPL amendments with the introduction of the
charge of "endangering state security." Under the new
CPL police can use "state secrets" as a justification
for arrest and detention and can deny suspects access to
legal representation throughout the investigation and
interrogation period, thus enabling further arbitrary
arrests. The revisions, therefore, do not go far enough
in bringing China into compliance with international
standards.
International Law
Article 9 of the Universal Declaration of Human Rights
(UDHR) specifically states:
No one shall be subjected to arbitrary arrest, detention
or exile.
Article 9 of the International Covenant on Civil and
Political Rights similarly declares:
Everyone has the right to liberty and security of
person. No one shall be subjected to arbitrary arrest or
detention. No one shall be deprived of his liberty except
on such grounds and in accordance with such procedure as
are established by law.
The President of the Chinese Society for the Studies
of Human Rights qualified Chinese participation in
the covenant by stating that "[s]ince China did not
participate in drafting the covenant [ICCPR] and its
national conditions differ from those in other countries,
Chinese government will pay attention to the issues of
how to implement the covenant and adapt it to China's
existing laws and regulations." This effectively annuls
their adherence to the codes and reveals a reluctance to
alter existing policies to meet international standards.
Arrests Resulting From Exercise of Rights
The most common offence resulting in arbitrary arrest and
detention is "endangering state security." This category
was introduced into the CPL under the 1996 amendments,
replacing the controversial term of "counter-revolutionary"
activity. This change fails to introduce any measures to
restrict the incidence of arbitrary arrest and Tibetans are
still at risk of arrest for any act or expression which may
be contrary to Chinese official ideology. The Working Group
on Arbitrary Detention who went to Tibet in October 1997
expressed concern because "even though the nomenclature
'counterrevolutionary crimes' has been abolished, the
jurisdiction of the State has been allowed to expand and
acts of individuals in exercise of freedom of expression
and of opinion may well be regarded as acts 'endangering
national security.'" This enables the PRC to continue
its practice of arbitrary arrest to suppress subversive
opinions and is in direct violation of each person's right
to liberty and freedom of expression and opinion.
People are liable to be arbitrarily charged with
"endangering state security" even for non-political acts
which involve contact with those who have engaged in
political activity. There have been reports of people
being arrested for merely providing financial or moral
assistance to inmates and their families. For instance Ama
Lhundup Wamgmo, who has been missing since August 20, 1998,
was arrested twice previously on suspicion of political
activities and having visited political prisoners. Her
current detention is expected to be a result of subsequent
prison visits although details of her charge are yet to
be disclosed.
-
Dawa Tsering,
27 years old from Phenpo County, was a monk of Dha Lobu
Monastery. He was charged with having compiled a list of
political prisoners and sending it to India and circulating
documents from India in Tibet. He was sentenced to six
years in Drapchi Prison.
-
Gyalkye
(also known as Lobsang Tsering) is in his early thirties
and a senior monk at Pomda Monastery. When "work team"
members came to the monastery, he disobeyed their
instructions and expressed his resentment of their
presence. On August 8, 1997 he was taken to the police
station and later transferred to Chamdo Prefecture prison
where he was detained for almost four months. He is
currently held in a prison in Lhasa and his sentence is
unknown.
-
Lo-Ghuy
an 18 year-old student monk of Sera Chabra Monastery was
arrested in September 1997 on charges of having pasted
posters which read "Free Tibet." He was sentenced to six
years imprisonment and transferred to Toelung prison.
-
Ngawang Dipsael
(lay name: Penpa) is a 29 year-old monk from Drepung
Monastery. He was arrested on December 22, 1997 by Lhasa
Public Security Bureau (PSB) for staging a demonstration
in Lhasa. He was taken to Tsethang Prison in Lhoka Region
where he was sentenced to three years and transferred to
Toelung prison. Ngawang had previously spent four years
in Drapchi from May 13, 1992 to May 16, 1996.
-
Tseten,
a 37 year-old from Nyemo County, was sentenced to seven
years imprisonment in August 1997. She was arrested for
possessing the autobiography of the Dalai Lama and charged
with "endangering state security." Tseten is serving her
prison term in Drapchi. She has previously been arrested
twice; once in 1988 for pasting freedom posters when
she was detained for six months in Nyemo County Prison
and again in 1995 for the same offence for which she was
detained for eight months in Gutsa Detention Centre.
Denial of the Right to Fair Trial
According
to Article 10 of the Universal Declaration of Human Rights:
Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any
criminal charge against him.
The existence of an independent bar is also critical to
the right to a fair trial and the protection of human
rights. The classification of lawyers as government
paid 'state legal workers' was abolished under the
1996 Lawyers' Law in 1996. They are now described as
"personnel ...who are providing legal services for the
public." Legal services are not uniformly made available
to the public in China, and Tibetan political defendants
in particular have had great difficulty in attaining legal
representation. Financial difficulty and the reluctance of
lawyers are the two major contributing factors. Authorities
have retaliated in the past against lawyers representing
such defendants.
Amnesty International, in its 1998 report stated that
"[p]olitical trials continued to fall far short of
international standards, with verdicts and sentences
decided by the authorities before the trial, and appeal
hearings usually a mere formality."
These conditions within the Chinese legal system deny
political prisoners their fundamental right to a fair
trial.
The case of Chadrel Rinpoche, the abbot of Tashi Lhunpo
Monastery and head of China's Search Committee for the
reincarnation of the 11th Panchen Lama, is a prime example
of the denial of the right to fair trial. He was charged
with "plotting to split the country" and for "leaking state
secrets" and was sentenced to six years imprisonment. He
was denied legal representation and his trial was closed to
the public on account of alleged "state secrets." Details
of the trial were never released.
Cases of Unsuccessful Appeals
Despite some amendments to the trial process, the appeal
system seems to have undergone minimal modifications. The
revised law specifies the obligation of the lower level
court to organise a new tribunal for the hearing of any
new trial at the request of the defendant.
" ... none of these changes address the fundamental problem
in the appellate process in China: the reluctance of
defendants to appeal. Chinese researchers have documented
the steady decline in appeal rates since the CPL first
became effective [in 1979]." The appeal rate was reported
to be just above 10 per cent by 1994 which indicates a
significant handicap in the system. The reluctance of
defendants to appeal is due to the fact that appeals are
generally unsuccessful or the higher courts merely approve
the decision of the original trial without reviewing the
case. Another significant hindrance in the appeal process
is the fact that those who do appeal may face a graver
verdict.
-
Jampel Monlam,
a former political prisoner who served five years in
Drapchi prison from 1989 to 1994 reaffirmed that of all
the political prisoners about 10 per cent of them try
to appeal. He claimed that defendants were reluctant to
appeal due to the futility of the appeal system and the
risk of a harsher sentence.
-
Ngawang Choephel,
the 32 year-old Tibetan musician sentenced to 18 years
imprisonment and four years subsequent deprivation of
political rights was transferred to "TAR" Prison No. 2,
formerly known as Powo Tramo Labour Camp. Ngawang,
who was detained in Nyari Detention Centre since August
1995 is reported to have appealed to the Higher People's
Court in Lhasa on various occasions but his appeals were
consistently rejected.
-
Rinzin Choenyi,
a former Shugseb nun, was arrested on September 22, 1989
for taking part in a demonstration. She was sentenced to
seven years by the People's Intermediate Court on October
5, 1989 for "counter-revolutionary" activities. She was
told that if she felt her sentence was too heavy she could
appeal for a retrial within a period of ten days. After
three days she appealed to the Higher People's Court for
a retrial under article 102 (36) of the CPL which states:
-
"Whoever for the purpose of counterrevolution
commits any of the following acts is to be
sentenced to life imprisonment, criminal detention,
control or deprivation of political rights;
ringleaders or others whose crimes are monstrous
are to be sentenced to not more than five years
of fixed-term imprisonment:
-
Inciting the masses to resist or to sabotage the
implementation of the state's laws or decrees; and
-
Through counterrevolutionary slogans, leaflets
or other means, propagandising for and inciting
the overthrow of the political power of the
dictatorship of the proletariat and the socialist
system."
She was notified on November 10, 1989 that the verdict
of the Intermediate Court was to be held as the final
decision. After seven days she was transferred to Drapchi
Prison where she completed her prison term.
-
Rinzin Wangyal
(also Rinwang) is a 52 year-old from Lhasa. He was first
arrested in 1966 or 1967 for allegedly organising an
underground movement and served between 15 and 17 years in
prison. He was re-arrested in 1995 on suspicion of planning
to disrupt "TAR" anniversary celebrations for which he was
sentenced to a 16-year prison term. In October 1997, while
still in detention, his sentence was increased to life. The
extension order came from the People's Intermediate
Court. Before he could initiate an appeal to the Peoples'
High Court, Rinzin received instructions stating that the
decision made by the Intermediate Court has been approved
and finalised, thus negating any appeal process.
Pre-Trial Detention
The revised CPL eliminated five different forms of
pre-trial detention. This revision anticipated the
elimination of the practice of a sixth form of pre-trial
detention known as "shelter and investigation" (Chinese:
shourong shencha). This is a form of administrative
detainment where prisoners serve their term under
"re-education-through-labour." "Shelter and investigation"
is not included in the CPL and is therefore absent from
the 1996 amendments. Cases received in 1998 confirm the
continuation of this form of administrative incarceration.
Decisions regarding this form of detention are mostly
determined by police and local government committees,
independent of judicial proceedings. Not only are citizens
who are subject to such proceedings denied the right to a
judicial determination of their sentence, they are denied
the right to a hearing or to counsel.
The maximum specified period of "shelter and investigation"
of three months is also frequently breached. There are
reports of suspects being held for up to three years
prior to trial. "These widespread abuses stemmed
from the fact that, as an administrative measure,
'shelter and investigation' was subject to virtually no
outside checks. Unlike a formal arrest under the CPL,
this procedure required no prior approval from the
procuratorate."
In its report from its field mission to Tibet and
China in October 1997, the Working Group on Arbitrary
Detention "denounced the absence of a judge or independent
tribunal when a detainee was sentenced by committees to
re-education through labour." During the 54th UN Commission
on Human Rights in March and April 1998, the Working Group
again expressed concern about the continuation of these
measures.
Ngawang Beyjey
is 35 years old from Gurum township in Toelung Dechen
County. He is a former monk of Drepung Monastery. In
September 10, 1997 when Drepung Monastery was being
whitewashed, Ngawang reportedly tore down the Chinese
flag that was hoisted on the rooftop of the monastery
and stamped on it. He was immediately arrested and was
detained for four months in the police station situated
on the western side of Lhasa. In February 1998, he was
transferred to Gutsa Detention Centre. His sentence has
not yet been passed but he is still incarcerated.
CONCLUSION
The legal system in the People's Republic of
China is failing to protect the rights of Tibetan
citizens. Arbitrary arrests continued unabated in 1998,
violating the Tibetans' fundamental right to liberty
of person and to freedom of thought, conscience and
religion. Pre-trial detention procedures also continued
and detainees were denied many fundamental legal rights
including the right to fair trial, to legal representation
and to appeal. It is the responsibility of the Chinese
government to ensure that all people are protected from
such unjust procedures.
[Contents]
Political prisoners and prisoners of conscience are those
detained on account of their religious, political and
ethnic views. As of December 1998, 1083 known Tibetans
remain incarcerated on these grounds. Of these, 246 are
women and 12 are juveniles. An additional 93 prisoners,
now of adult age, were juvenile at the time of arrest
and remain in custody. There are currently 61 political
prisoners known to be serving sentences of ten years or
more.
These prisoners, arrested for simply exercising their
rights, lose many other rights once imprisoned. They are
often subjected to physical and mental torture and held
in incommunicado detention in prisons whose standards fall
well below international guidelines.
Various international campaigns have been launched in
1998 by non-government organisations urging the Chinese
government to release political prisoners and prisoners
of conscience. Campaigns have been undertaken on behalf of
Tanak Jigme Sangpo (72), longest serving Tibetan political
prisoner; Gedhun Choekyi Nyima (9), the 11th Panchen Lama
as recognised by the Dalai Lama; Ngawang Sangdrol (22),
longest serving female political prisoner; and other
long-term prisoners of conscience: Ngawang Sungrab (27),
Ngawang Jungney (28), Gyaltsen Choephel (27), Lodroe Gyatso
(39), and Phuntsok Nyidron (30).
Despite strong international pressure, the Chinese
government is yet to accede to these requests and has
shown no relaxation in their policies.
New Political Prisoners Placed in Detention in 1998
Ama Lhundrup Wangmo,
originally from Phenpo Lhundrup County, was arrested by the
Lhasa Public Security Bureau (PSB) on August 20, 1998 after
raiding her house. Her whereabouts since her arrest are not
known. She had visited India twice and was also involved
in visiting the political prisoners. She was previously
arrested twice by PSB officials, once in 1987 and again
in 1993.
Gyalchoe,
a monk from Padha Monastery in Pashoe County was arrested
when he refused to attend "re-education" sessions in
January 1998. The "work-team" officials found a Tibetan
National Flag and was arrested and taken to Pashoe County
Prison. His sentence is unknown.
Jamyang Tsultim
a 29 year-old from Hualong County, Tsoshar (Chinese
Haidong), "TAP", Qinghai Province was re-arrested on May
30, 1998. He was previously arrested once in 1995 and
twice in 1996 on suspicion of involvement in subversive
political activities. The reason for his arrest in 1998
is not known. He was held for more than a month in various
detention centres before being released on bail of 10,000
yuan (US$ 1250).
Jampa Tenzin and Ngawang Tsultrim
are both monks of Rongpo Rabten Monastery in Sog
County in Nagchu Region. They were arrested by the
"work team" officials on February 26, 1998. Jampa
opposed the "re-education" policy. Ngawang had earlier
distributed audio and printed copies of speeches of the
Dalai Lama. His room was ransacked and some documents
advocating independence of Tibet were found. Jampa and
Ngawang were both taken to Sog County Prison on August 5,
1998. Their sentence was announced in the monastery on
September 23, 1998. Jampa was sentenced to two years and
Ngawang Tsultrim was sentenced to one year. According to
an unofficial source they are being held in Toelung County
Prison.
Lobsang Sherab (33), Lopel (25), Palkho (25), Tingzin (34),
Tenzin (25) and Palden (29)
are monks from Kirti Monastery in Ngaba County. They were arrested
in November 1998 for pasting independence posters inside
the monastery and arguing with the "work team" members. The
details of their conditions are not known.
Ngawang Kyonmey
was arrested on the September 18, 1998 in connection with
preparing letters to be handed over to Mary Robinson,
the UN High Commissioner for Human Rights, while she was
in Tibet. The police found 100 small pictures of the Dalai
Lama, one Tibetan National Flag and some speeches of the
Dalai Lama recorded on audio cassettes in his house. It
is reported that he was sent to Gutsa Detention Centre
but at present his whereabouts are not known.
Ngawang Tenrab,
a monk from Drepung Monastery was re-arrested in May 1998
along with Samdrup, also a monk of the same monastery. He
was released after a month's detention. He was first
arrested in 1989 while taking part in a demonstration.
Norsang, Chupar, Phagchog, Tsundue Tharchin
and Gyaltsen Choephel
were arrested in March 1998 from Karchung Retreat in
Nagchu Region. Norsang was arrested on charges of helping
his teacher Drupa Tharchin flee Tibet. He was sentenced
to three years imprisonment and taken to Drapchi Prison.
Gyaltsen Choephel and Phagchug were released after seven
days of detention. The whereabouts of Chupar, Tsuendue
Tharchin and Gyaltsen are not known.
Samdrup,
a 28 year-old former monk of Drepung Monastery is from
Phenpo County. He was first arrested for his participation
in a peaceful demonstration on May 13, 1992 with a group
of 12 other monks from the same monastery. In September
1992 their sentences were passed by the Intermediate
People's Court, ranging from two to eight years. Samdrup
was sentenced to two years and moved to Drapchi prison. In
May 1998 he was re-arrested on suspicion of political
activities. He is currently held in Seitru Detention
Centre. So far his sentence has not been passed and his
visitation rights have been denied.
Sonam Wangdu,
a 33 year-old was arrested in June 1998 when he was
crossing the Tibet-Nepal border. He was detained overnight
in a Nepalese police station and was not given any food,
instead he was beaten. The next day he was handed over to
the Chinese Police. From there he was detained in Shigatse
Detention Centre for five days. He managed to escape the
Detention Centre but was re-arrested when attempting to
cross the border again with a group of 56 people.
Tenpa Rabgyal,
a 27 year-old monk from Tashi-Ge Kun-Phel Monastery, was
arrested in mid-March 1998 by the local Public Security
Bureau. He was arrested for giving prayer notes reading
"Long Live His Holiness the Dalai Lama" to a friend. He was
detained for six months and released in September 1998.
Tenzin Lobsang (25), Gyaltsen Tsultrim (18), Tenzin Tsultrim (17)
and Gendhun Tharchin (25)
are all monks from Rongpo Rabten Monastery. In December
1997 they had written freedom slogans on the back of
the township office's vehicle. In February 1998 the
PSB announced the arrival of the "work team" to the
monastery. Fearing arrest, they planned to flee on February
12, 1998. Their plan to escape was reported to the County
PSB. The four monks were caught on their way to Gyamo
Ngulchu (name of river in Sog County) and were detained in
Sog County Prison before taken to Nagchu Region Detention
Centre. The details of their sentence were announced by
the "work team" on September 23, 1998 in the monastery. At
present they are being held in Sog County Prison.
Wotse,
a 30 year-old businessman from Ngaba County in Sichuan
Province was arrested from his residence on the suspicion
of subversive political activity in October 1998. At
present he is detained in Ngaba County Prison.
Cases of Long Serving Political Prisoners Still in Detention
Tanak Jigme Sangpo
is a 72 year-old former primary school teacher in Lhasa. He
is the longest serving political prisoner in Tibet.
By the time he is released, in 2011, at the age of 85,
Tanak Jigme Sangpo will have spent 28 unbroken years
in prison with a cumulative total of 44 years. He was
first arrested in 1960 on the charges of "corrupting the
minds of children with reactionary ideas" In 1964 he was
sentenced to three years imprisonment in Sangyip prison
after opposing Chinese repression of Tibetans, and was
then sent to "reform-through-labour" Camp in Lhasa. In
1970 he was sentenced to ten years hard labour in Sangyip
prison on charges of inciting his niece to escape to India
in order to report Chinese atrocities to the Dalai Lama.
He was released in 1979 from the prison and transferred
to "reform-through-labour" Unit 1 in Nyethang, 60 km west
of Lhasa.
In November 1983, at the aged 57, Tanak Jigme
Sangpo was sentenced to 15 years imprisonment for
"counter-revolutionary propaganda and incitement." He
was arrested for pasting a poster in protest of Chinese
rule on the gate of Tsuglakhang Temple in Lhasa, and
for wearing a white banner over his body to symbolise
the ultimate realisation of Tibetan people's freedom
and independence. In 1988 Tanak received an additional
five-year prison sentence for shouting pro-independence
slogans in jail. In December 1991 he was reported to
have been beaten for shouting slogans during a visit
to Drapchi Prison by Swiss government officials and to
have been subsequently held in solitary confinement for
at least six weeks. His sentence was again increased,
this time by a further eight years. He remains in Drapchi
Prison. Tanak Jigme Sangpo had spent at least 13 years
in prison for similar offences before 1980. There are
concerns for his safety because he might have taken part
in the May Drapchi incident. At present he is suffering
from hypertension. Amnesty International has launched an
urgent appeal for his release.
Ngawang Choephel,
a 32 year-old Tibetan musician, was reported missing
in August 1995, a month after he travelled to Tibet
from India to research traditional Tibetan music. After
more than a year, the Chinese government admitted to his
detention. He was subsequently sentenced on December 26,
1996 to 18 years imprisonment and four years subsequent
deprivation of political rights, on charges of "spying"
for the Tibetan government-in-exile. In November 1998 it
was reported that Choephel was transferred to the remote
and high security Powo Tramo Prison in Tramo County.
Sonam Dekyi,
Ngawang Choephel's mother, has been campaigning for her
son's release since his arrest, and also for the right
to visit him in prison. The Chinese government is yet to
respond to her humanitarian appeals.
Ngawang Sangdrol
(commonly known as Rigchog) from Garu Nunnery, is the
longest serving female political prisoner in Tibet serving
a total of 18 years sentence. She was born in 1977 in
Lhasa. Ngawang was first arrested in 1987 when she was
just ten years old for participating in a demonstration
and was detained for 15 days. On August 28, 1990 at the age
of 13, she participated in demonstration along with other
nuns in Norbulingkha. She was considered too young to be
tried but was detained without charge for nine months and
forbidden to rejoin her nunnery after her release.
On June 17, 1992 Ngawang was again arrested for attempting
to stage a demonstration in Lhasa along with other Garu
nuns and some monks from Gaden Monastery. This time she
was sentenced to three years imprisonment "for subversive
and separatist activities." While in Drapchi Prison,
Ngawang was involved in the recording of independence
songs and poems on a tape recorder and her sentence was
extended by six years in October 8, 1993 for "spreading
counterrevolutionary propaganda."
In March 1996, Ngawang protested against the "re-education"
campaign regarding the Panchen Lama reincarnation. Her
sentence was extended by a further nine years in July
1996, bringing her total current sentence to 18 years. At
present she is the longest serving known female political
prisoner in Tibet. Tibet Information Network acknowledges
her participation in the Drapchi protests. According to
reliable source, she is being kept in solitary confinement
in Drapchi Prison and subjected to harsh interrogation
involving ill treatment and beatings. An urgent action
appeal was launched in 1998 by Amnesty International
and the Body Shop for her immediate release. Her father
Namgyal Tashi aged 67 years old is currently serving an
eight-year prison term for distributing Tibetan National
Flag and leaflets.
Lobsang Tenzin,
a 32 year-old former student of Tibet University, was
arrested on March 19, 1988 and accused of being involved
in the death of a People's Armed Police officer during the
demonstrations on March 5. Lobsang was sentenced to life
imprisonment but this has since been reduced to 18 years.
Since his incarceration in 1988 he has been granted only
four visits, all of which took place before 1990. He is
currently detained in Powo Tramo Prison.
Lodroe Gyatso,
aged 39 years, was a dance artist and three times weight
lifting champion in Sog County, Nagchu Region, "TAR." In
April 1994 Lodroe was sentenced to 15 years after a fight
between himself and a Tibetan known to be pro-Chinese
which resulted in the other man's death. While in prison,
Lodroe staged a one-man demonstration calling for Tibet's
independence and distributing pamphlets and posters. He
was taken to a torture cell where he was kicked and beaten
when he refused to confess. News of the execution order
against Lodroe was smuggled out by other prisoners and
consequently, the UN Special Rapporteur on Extrajudicial
Summary or Arbitrary Executions made a special appeal to
China on May 18, 1995. The Chinese response was that no
execution sentence has been passed rather that Lodroe's
sentence was extended to an additional six years from May
3, 1995 and stripped of his political rights for three
years bringing his total sentence to 21 years. Amnesty
International has launched an urgent action appeal for
his immediate release on July 28, 1998.
Ngawang Phulchung,
a monk aged 38 or 39 from Drepung Monastery, was
sentenced at a public rally on November 30, 1989 to
19 years imprisonment. He was accused of forming a
"counter-revolutionary group" which had clandestinely
produced political leaflets from Drepung Monastery. Ngawang
Phulchung was arrested in April 1989 along with three
other Drepung monks. Among the "reactionary literature"
published by the group was a complete Tibetan translation
of the United Nations Universal Declaration of Human
Rights. On March 30, 1991 he was severely beaten and
placed in solitary confinement for trying to hand over
a petition regarding prison conditions to an American
delegation visiting Drapchi Prison.
Rinzin Wangyal
(alias Rinwang) is a 57 year-old former cement factory
worker. He was first arrested in 1966 or 1967 for
allegedly organising an underground movement. He was
imprisoned in Drapchi Prison where he was regularly
tortured and interrogated by the prison authorities. He
was released from Drapchi in 1982 or 1983. Rinzin was
re-arrested in August 1995, suspected of being involved in
a movement aimed at disrupting anniversary celebrations
of the founding of "Tibet Autonomous Region," which was
to be held on September 1, 1995. Rinzin was reportedly
sentenced on December 13, 1996 to 16 years imprisonment.
According to reports received in October 1997, Rinzin's
imprisonment has been extended to life imprisonment by
order of the Intermediate People's Court. The reason
for the extension of his imprisonment is not known. He is
currently being held in Drapchi Prison. His wife Sonam,
who is critically ill, has made repeated appeals to see
her husband in prison fearing that she may die before
seeing him. Her pleas have been ignored.
Bhagdro, Jampa Tenkyong and Po Lhoy,
from Gaden Monastery were arrested on May 7, 1996 during
the demonstration in their monastery. They have been
sentenced to 15 years imprisonment for participating in
the demonstration.
Chime Dorjee,
a 31 year-old monk of Serwa Monastery, was arrested on
March 29, 1994. He was sentenced to 16 years imprisonment
with deprivation of political rights for a further five
years.
Dramdul
a 28 year-old ex-soldier from Lhasa Town 2, was arrested on
March 12, 1989 and sentenced to 16 years. He is presently
in Drapchi Prison.
Gyaltsen Choephel,
a 27 year-old Drepung Monk, was arrested for participating
in a demonstration. He was reportedly tortured severely by
prison officials during the first days of his arrest. One
source reported that he is currently being held in
"TAR" Military Hospital. He was serving a sentence of
15 years for his involvement in the demonstration on
March 5, 1988 and alleged involvement in the death of a
policeman. Amnesty International launched an urgent action
appeal in 1998 for his immediate release.
Gyaltsen Dolkar
(lay name: Dawa) is a 28 year-old nun from Garu Nunnery. She was
arrested on August 21, 1990 for calling slogans of "Free
Tibet" and "Chinese Quit Tibet" during the opera festival
in Norbulingka Palace, Lhasa, along with 12 other nuns from
the same nunnery. Gyaltsen was sentenced to four years
imprisonment with one year's deprivation of political
rights. While serving her sentence, she and 13 other
nuns recorded pro-independence songs and messages to
their families on a tape recorder smuggled into Drapchi
Prison. As a result she was charged with "spreading
counter-revolutionary propaganda" and was sentenced to
an additional eight years. Gyaltsen Dolker is presently
serving a total of 12 years imprisonment in Drapchi
prison.
Jampa Tashi,
a 27 year-old Serwa monk from Gyabdo village, was
arrested on March 29, 1994. He was sentenced to 12 years
imprisonment with deprivation of political rights for a
further four years.
Jampel Jangchub
a 37 year-old monk from Drepung Monastery, was arrested
on April 16, 1989 and was tried at a mass public meeting
in Lhasa on November 30, 1989. He was charged with
"counter-revolutionary" advocacy of Tibetan independence,
and was sentenced to 19 years imprisonment with five years
deprivation of political rights. He is presently detained
in Drapchi Prison.
Jampel Lobsang
(also known as Jampel Losel), aged 32 from Taktse County,
Lhasa City, was arrested in March 1989 and sentenced to 10
years with three years subsequent deprivation of political
rights.
Jigme Gyatso
aged 30s, was a businessman and also a former monk of
Labdrang Monastery in Kainlho "TAP," Gansu Province. Jigme
was arrested in 1987 for political reasons and sentenced
to life imprisonment in 1988. He is presently held in
Drapchi Prison.
Jigme Yangchen
aged 29 years from Lhoka Prefecture, was a nun at
Shugseb Nunnery. At present she is serving a 12-year
prison term in Drapchi Prison. She was first arrested
for participating with 14 other Shugseb nuns in a
pro-independence demonstration in the Barkhor on August
28, 1990 and was sentenced to seven years. Jigme was also
involved in the recording of songs and poems on a tape
recorder smuggled into Drapchi Prison. As a result, her
sentence was extended by a further five years on October
8, 1993 bringing her prison term to a current total of 12
years.
Kunchok Dhondup, Kyi Truk Pa, Lobsang Dawa,
Passang Tsegyay, Penpa and Yonten Gyalpo,
all from Gaden Monastery were sentenced to 12 years
imprisonment. They were imprisoned for participating
demonstration in Gaden Monastery
in May 1996.
Kunchok Lodroe,
a 28 year-old farmer from Dashar village under Meldro
Gongkar County, Lhasa City, was arrested on June 30, 1992
and sentenced on October 20, 1992, to 13 years imprisonment
with four years deprivation of political rights. He is
presently serving his term in Drapchi Prison.
Lhundrup Dorjee,
a 28 year-old farmer from Meldro Gongkar County, Lhasa
City, was arrested on June 30, 1992. He was sentenced on
October 20, 1992 to 15 years imprisonment with four years
deprivation of political rights. The reason for his arrest
is not known.
Lobsang Gelek
is a 27 year-old Sera monk from Lhatse in Shigatse
Prefecture. He was arrested on November 17, 1989 and
sentenced in 1990 to 12 years prison. He is presently in
Drapchi Prison.
Lobsang Palden
(lay name: Gyalthar or Gyaltsen Tharchin), aged 37 from
Chamdo Pashoe County, Chamdo Region, "TAR," was sentenced
to 10 years in 1991 on charges of "reactionary behaviour."
He is presently serving his term in Powo Tramo Prison in
Nyingtri Region.
Lobsang Palden,
a 27 year-old monk from Serwa village,
Chamdo Region, "TAR" was arrested on March 29, 1994. He
was sentenced to 12 years imprisonment with deprivation
of political rights for a further four years.
Lobsang Tsegyal
(lay name Lobsang Dhargye), is a 31 year-old monk of
Serwa Monastery, Chamdo Region "TAR". He was arrested on
March 29, 1994 and sentenced to 16 years imprisonment with
deprivation of political rights for a further five years.
Lobsang Wangchuk, Tsering Bhagdro and Ta Sang,
all from Gaden Monastery, were arrested in connection with
the Gaden demonstration of May 1996. They were arrested on
May 7, 1996 and they have all been sentenced to 10 years.
Loye,
a monk at the Potala Palace, was sentenced in December
1989 to 15 years imprisonment and five years deprivation
of political rights for alleged involvement in "espionage"
and "counter-revolutionary" propaganda. He was accused
of having collected intelligence "from the enemy abroad."
Namdrol Lhamo,
a 31 year-old nun of Chubsang Nunnery, was arrested on
May 12, 1992 and sentenced to 12 years. She is presently
in Drapchi Prison.
Ngawang Sungrab,
a 27 year-old Drepung monk from Phenpo, is serving
10 years for his participation in a demonstration in
1989. He participated in the Drapchi protest in May 1998
and was seriously beaten following the incident, requiring
hospitalisation. An urgent action appeal for his release
was launched by Amnesty International in 1998.
Ngawang Jamtsul
(lay name: Loyak), a 39 year-old former caretaker-monk
at the Potala Palace, Lhasa, was arrested on March 10,
1989. He was sentenced at a mass rally on December 6, 1989,
to 15 years imprisonment with five years deprivation of
political rights. He is presently in Drapchi Prison.
Ngawang Choephel,
a 34 year-old monk, from Ghemo Monastery in Lithang
County in Karze "TAP," was arrested on August 20, 1993 and
sentenced in 1996 to 10 years. Unconfirmed reports say he
is detained in Lithang County Prison in Karze "TAP".
Ngawang Choezom
is a 26 year-old nun from Chubsang Nunnery. She was
arrested on March 21, 1992 and sentenced to 11 years and is
presently in Drapchi Prison. She participated in the May
Drapchi incident and following that she has been held in
solitary confinement and subjected to harsh interrogation.
Amnesty International has launched an appeal for her
immediate release.
Ngawang Gyaltsen
(lay name: Nga-Gyan) is a 40 year-old Drepung Monastery
monk originally from Toelung Dechen County, Lhasa City. He
was arrested on April 16, 1989 and sentenced to 17
years with five years subsequent deprivation of political
rights. Ngawang Gyaltsen is presently serving his sentence
in Drapchi Prison.
Ngawang Lochoe
is a 27 year-old nun from Nyengoen Nunnery who was arrested
on May 4, 1992 and sentenced to 10 years. She is currently
in Drapchi Prison.
Ngawang Pekar,
a 36 year-old monk from Drepung Monastery, was halfway
through an eight year sentence when his prison term
was extended by six years on March 31, 1996. In August
1995, while in Drapchi Prison, Ngawang Pekar was caught
trying to smuggle out a list of political prisoners and a
document describing human rights violations. Ngawang Pekar,
who was first arrested on July 12, 1989 for putting up
independence posters and participating in a demonstration,
is now serving a total of 14 years in prison.
Ngawang Tensang,
a 29 year-old monk from Drepung Monastery, Lhasa,
was arrested on September 14, 1991 and sentenced to 10
years. He is presently in Drapchi Prison.
Ngawang Tsamdrol,
a 25 year-old nun from Nyengon Nunnery, was arrested on
May 14, 1992 and sentenced to 13 years. She is presently
in Drapchi Prison.
Ngawang Woeser
(lay name: Jamyang), aged 26 from Lhokha Dranang, was
arrested on 16 April 1989 and sentenced to 17 years
imprisonment with five years deprivation of political
rights. He was accused of being the "main culprit" in
organising a "counter-revolutionary clique" and spreading
propaganda.
Ngodrup
(also known as Ngodrup Phuntsog and Ngophun) is a 40
year-old former member of the Chinese People's Political
Consultative Conference (CPPCC) from Lhasa. He was arrested
in March 1989 and sentenced to 11 years with four years
subsequent deprivation of political rights.
Pasang,
a 20 year-old monk from Jang Ta-Lung Monastery,
was arrested with three other monks from the same
monastery. They were detained for five or six months in
Gutsa Detention Centre where they were tortured by having
cold water thrown on them in winter and shocked with
electric batons. They were then transferred to Drapchi
Prison after their sentences were passed. Except for
Pasang who was sentenced to 11 years, the others' sentences
are unknown. They are currently being held in Drapchi.
Pema Tsering,
a 27 year-old Serwa monk from Pashoe County, Chamdo Region,
was arrested on March 29, 1994. He was sentenced to 16
years imprisonment with deprivation of political rights
for a further five years.
Phuntsok Nyidron
is a 30 year-old nun from Michungri Nunnery. She is
currently held in Drapchi prison and serving a sentence of
17 years. She was first arrested on October 14, 1989 for
leading a demonstration in Lhasa's Barkhor area calling an
end to Chinese occupation in Tibet. In an article published
in the Tibet Daily, Phuntsok Nyidron was described as
"the ringleader". She was taken to a court and given a
sentence of nine years. Phuntsok Nyidron was also involved
in the recording of songs and poems whilst imprisoned.
Her sentence was extended by eight years. Phuntsok Nyidron
was named as a recipient of the Reebok Human Rights Award
for the year 1995.
Rinzin Choekyi
is a 26 year-old nun of Shugseb Nunnery. She was arrested
on August 28, 1990, and sentenced to 12 years. She is
detained in Drapchi Prison.
Sholpa Dawa,
a 58 year-old tailor in Lhasa, was sentenced to nine years
imprisonment in October or November 1996, after almost 14
months of detention without charge. He had been arrested
in Lhasa in early August 1995 for engaging in "political
activities." Sholpa Dawa was first arrested on September
29, 1981 and was sentenced to two years' imprisonment and
one year deprivation of political rights for allegedly
distributing pamphlets on the independence of Tibet. He
spent six months in Gutsa Detention Centre and one and a
half years in Sangyip Prison. On November 8, 1985 he was
arrested for the second time for distributing pamphlets
about the deteriorating living conditions for Tibetans
and was sentenced to four years in Sangyip Prison and one
year deprivation of political rights. By the time he is
released, Sholpa Dawa will have spent a total of 16 years
in prison for expressing his views.
Sonam Dhondup,
aged 25 years, comes from Phenpo Khatse in Phenpo Lhundrup
County. Sonam was a monk in Nalenda Monastery and was
arrested when a booklet on Tibet and a Tibetan National
Flag were found in his room. At present he is serving a
12-year sentence in Gutsa Detention Centre.
Sonam Rinchen
is a 28 year-old farmer from Dashar village in Meldro
Gongkar County, Lhasa City. He was arrested on June 30,
1992 and sentenced on October 20, 1992 to 13 years with
four years subsequent deprivation of political rights and
is presently in Drapchi Prison.
Tendar Phuntsog
a 67 year-old caretaker-monk from the Potala Palace, Lhasa,
was arrested on March 8, 1989 and sentenced to 10 years. He
is presently in Drapchi Prison.
Tenpa Wangdrak
(lay name: Sonam), a 53 year-old former monk of Gaden
Monastery, was sentenced to 14 years imprisonment in 1991
for attempting, while in Drapchi prison, to hand over a
petition regarding prison conditions to James Lilley, then
U.S. Ambassador to China. Tenpa Wangdrak had been arrested
on March 7, 1988 for participating in a demonstration. On
April 28, 1991 he was moved to the labour camp in Powo
Tramo County in Nyintri Region and was held in Dhamchu,
a unit within the prison complex.
Tenzin Thupten
(lay name: Dawa Yangchen), aged 28, is from Meldro Gongkar
in Lhasa City. Tenzin, a nun from Michungri Nunnery,
was arrested for participating in a short demonstration
during the Shoton festival (Tibetan opera festival)
along with eight nuns from Michungri Nunnery and five from
Garu Nunnery. Tenzin was taken to Gutsa Detention Centre
and sentenced to five years by the Lhasa City People's
Intermediate Court before being transferred to Drapchi
Prison. She had also participated in the recording of songs
and poems on a smuggled tape. Her sentence was increased
by nine years making her total sentence 14 years.
Tsering Ngodrup
57 years old was sentenced to 12 years imprisonment on
accusations of being a spy for the Dalai Lama and making
"counter-revolutionary" propaganda.
Tsering Phuntsog
is a 31 year-old monk from Palkor Choede Monastery. He was
arrested in August 1990 and sentenced to 13 years and is
presently in Drapchi Prison.
[Contents]
Since the People's Republic of China (PRC) became a
State Party to the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT) in 1988, it has been under a legal
obligation to outlaw torture in Tibet. Yet a decade after
the ratification of the Convention, testimonies from
former Tibetan political prisoners show that torture is
still prevalent in Tibet. The majority of the political
prisoners currently in detainment have undergone torture
at some stage of their detention.
In 1998 TCHRD received 19 accounts of death resulting from
torture while in detainment in Tibet. Eleven of the deaths
occurred after the demonstrations in Drapchi Prison on
May 1 and 4, 1998 when prison guards opened fire on the
protesting prisoners.
To date, TCHRD has a record of 60 Tibetan deaths from
torture while in detention since 1986. This figure is based
on confirmed reports from Tibetan refugees and information
obtained from Tibet. The actual figure is believed to be
higher.
International Law
Article 1 of the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment defines torture as:
... any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person
for such purposes as obtaining from him or a third person
information or a confession, punishing ... or intimidating
or coercing ... or for any reason based on discrimination
of any kind, when such pain or suffering is inflicted by or
at the instigation of or with the consent or acquiescence
of a public official or the person acting in an official
capacity.
On October 4, 1988 the People's Republic of China
became legally bound to CAT when it ratified the
Convention. Article 2 of the Convention stipulates that
States Parties must:
... take effective legislative, administrative, judicial or
other measures to prevent acts of torture in any territory
under its jurisdiction.
China must also ensure that torture is an offence under its
own domestic law. However, ten years after the signing of
the Convention, the Committee Against Torture found China
to be in breach of the Convention, stating that China had
failed to introduce any domestic laws in compliance with
their international obligations.
China's Criminal Procedure Law
The Criminal Procedure Law of China (CPL) which was first
promulgated in 1979 and amended in March 1996, is the
PRC's main statute containing provisions regarding the
outlaw of torture.
Article 43 of the revised CPL states under "evidence
gathering" that:
The use of torture to coerce statements and the gathering
of evidence by threats, enticement, deceit or other
unlawful methods are strictly prohibited.
The Lawyers Committee for Human Rights, an international
body which analysed China's revised CPL acknowledged that
there is "a clear failure to bring China into compliance
with the Torture Convention and make the exclusion of
illegally-gathered evidence a basic principle of the
Chinese criminal process."
Personal accounts of political prisoners confirm that
prison officials continue to torture until confession is
obtained or until a sentenced is passed. "Leniency for
those who confess and severity for those who resist" is
a standard procedure of the PRC while interrogating a
prisoner.
Article 18 under Chapter II of the revised CPL states that:
Cases involving ... [the] violation of the personal and
democratic rights of citizens committed by power-abusing
state organ functionaries, such as illegal detention,
the act of extorting a confession by torture, retaliation
and framing and illegal searches, are to be filed for
investigation by the people's procuratorates.
The Chinese government evades this obligation by filing
statistics and information on cases of torture in a "Highly
Secret" category, and "evidence involving state secrets
[is] kept secret." It is likely then that China does
not reveal cases of torture to the Committee Against
Torture which is its obligation as a State Party under
the Convention.
Torture Resulting in Death
-
Jampel Thinley,
aged 28, a monk of Chamdo Monastery in the "TAR," was
arrested around April 1997. He was charged with pasting
"counter-revolutionary" posters on the outer wall of the
monastery. He was reportedly tortured in detention and
was only admitted to Chamdo People's Hospital when he was
close to death. When a doctor said he was likely to die,
he was denied any treatment. He was reportedly denied food
and water for nine days when he was severely tortured. Four
hours after being removed from the prison, he died. His
body was returned to the monastery by authorities without
any explanation for his death. At the sky burial monks saw
that his body had turned red and blue both inside and out.
-
Ngawang Dekyi,
a 25 year-old nun of Poto Nunnery in Phenpo Lhundrup, was
arrested in 1995 after participating in a demonstration
in Lhasa. First detained in Gutsa Detention Centre, she
was later sentenced to six years imprisonment at Drapchi
Prison. Ngawang, was reportedly near death when she was
taken to Lhasa "Regional Military Hospital" by prison
authorities on January 5, 1998. She died on January 21,
1998 after being hospitalised for 16 days. A Tibetan
source who visited Ngawang every month in prison reported
that her weak condition was a result of beatings by prison
guards.
The source said that Ngawang's body was kept at Drapchi
Prison until January 23, 1998. During that time nobody,
including her parents, was allowed to approach the body to
carry out the customary Tibetan death rites. On January
23, 1998 the sky burial (a traditional Tibetan burial) was
carried out near Sera Monastery and the source was called
to be present, accompanied by a prison official. During
the sky burial he was not allowed to go near the body
but saw Ngawang's head had turned red and blue. He was
later told by the topdhen (person who performs the burial)
that "from the injury marks it looks like the deceased
had received severe beatings and as a result blood had
entered the circulatory veins of the brain, turning it red
and blue. The red and blue colours on the shoulder blades
also indicated beatings."
-
Pasang
was a monk arrested on December 8, 1994 for holding
a short solo demonstration in the Barkhor area in
Lhasa, criticising the Chinese regime and calling for
independence. He was sentenced to five years in Drapchi
Prison. Soon after being taken to Drapchi, Pasang required
medical treatment after beatings. His condition was so
serious that he was permitted to visit a hospital outside
the grounds during the day, on the condition that he return
to the prison every evening. Prevented from receiving
continuous treatment, Pasang's health deteriorated. He died
on December 17, 1997 in the "TAR" Chide (Public Welfare)
Hospital. He was from Dechen Sangnak Monastery.
-
Rinzin,
a 61 year-old man, was imprisoned in August or September
1996 for possessing a photograph of the Dalai Lama on his
altar. Photographs of the Dalai Lama were banned earlier
that year by the Chinese government. After defying the
Chinese officials who discovered the photograph, he was
detained for one month in the town prison and refused
visitation rights. Rinzin was sentenced to three years
imprisonment, although a source said that no formal trial
took place. He was transferred to Ngari Prison where he
was reported as looking “very weak and [suffering from]
malnutrition.” He is believed to have been tortured in
prison and to also have developed tuberculosis. A source
stated that he was admitted to the prison hospital for a
month and sent home when his condition became too serious.
He survived only a month at home and was so sick that he
could barely speak and was completely bedridden. He died
on February 11 or 12, 1997. Rinzin was from Mugrum Trehte
Township in Lhabrang County in Ngari Region.
-
Yeshi Samten
(also known as Tenzin Yeshi) was a 22 year-old
former monk of Gaden Monastery. He was arrested on May 6,
1996 when a protest against Chinese "re-education" sessions
was held in Gaden Monastery. He was initially detained in
Gutsa Detention Centre and later sent to Trisam Prison
in Toelung County. While in prison he was reported to
have been tortured but received no medical care for his
deteriorating health. Yeshi was released on May 6, 1998 at
the end of his prison term. Still suffering from health
problems, he died six days later. At his cremation, the
person performing the funeral rites discovered that two
of Yeshi's ribs were broken. Yeshi was originally from
Tsangtog in Taktse Dechen County.
Drapchi Prison Deaths
The latest mass outbreak of violence by Chinese authorities
occurred in Drapchi Prison in May 1998. Two demonstrations,
staged within Drapchi Prison on May 1 and May 4, 1998
were quelled by People's Armed Police (PAP) and Public
Security Bureau (PSB) officials who fired shots in the air
and used bayonets, sticks, metal rods and electric cattle
prods against the prisoners. Early information received
indicated that PAP officers opened fire on approximately
150 Tibetan political prisoners. Further reports said that
500 prisoners were present during the shooting.
Confirmed reports of deaths and injuries have been
difficult to obtain since the incident. Chinese officials
went to extreme lengths to cover up any leakage of
the events; both staff and prisoners were transferred
to control the information, and visitation rights were
denied to political prisoners. For five months Chinese
officials denied that any disturbance had occurred.
On October 21, 1998 the Tibet Information Network (TIN)
reported that officials had told a delegation from the
European Democratic Union that guards had fired into the
air although they continue to deny any deaths.
The following people are believed to have died as a
result of the Chinese response to the Drapchi Prison
demonstrations. The list is a combination of our own
sources, supplemented by information from TIN.
-
Karma Dawa
(Kadar) was a non-political prisoner suspected of starting
a demonstration on May 1, 1998. He and another prisoner
began distributing pamphlets purporting to a “Free Tibet”
among the crowd of prisoners gathered for a Chinese flag
raising ceremony celebrating ‘International Labour Day.’
The ceremony was to be filmed to portray a positive image
of Drapchi to a European Union Troika delegation that was
due to visit the Prison. Reports received by TCHRD in
September 1998 confirmed that Karma was shot and killed
during the demonstration. Conflicting reports stated that
he may have been executed after the demonstration. He was
serving a 13-year sentence.
-
Khedrub
was 26 years old from Meldro Gongkar in Lhasa City. He was
arrested on March 10, 1994 on suspicion of subversive
political activities. He was serving a five year
sentence in Drapchi Prison. After participating in one
of the demonstrations (believed to have been the May 4
demonstration), he was transferred to Outridu Prison on
June 30, 1998. He died there from beatings and torture. His
body was handed over to the family although the date of
his death is unknown. His relatives were told that he
committed suicide.
-
Lobsang Choephel
(lay name: Thinley Phuntsok and referred to by TIN as
Lobsang Gelek) was a monk who was shot and killed on May
4, 1998 after participating in the demonstration. He was
serving a five-year sentence at Drapchi Prison after being
arrested on April 15, 1995 for leading a pro-independence
demonstration at the Barkhor in Lhasa, with five other
monks from his monastery. The prison officials reportedly
told Lobsang’s father that he had committed suicide. He
was 24 years old, from Damshung County in Lhasa City,
and formerly a monk at Khangmar Monastery.
-
Ngawang Tenkyong
(lay name: Lobsang Wangchuk) is believed
to have died in May 1998 after the demonstrations,
although reports received by TCHRD are currently
unconfirmed. TIN reported that the cause of death was from
severe beatings. He was arrested on May 7, 1996 after
participating in a pro-independence demonstration. It
is believed he was serving a 10 year sentence. He was 28
years old from Meldro Gongkar County and formerly a monk
of Gaden Monastery in Lhasa.
-
Ngawang Tensang
(lay name: Penpa) was a 26 year-old
monk arrested on September 14, 1991 after leading a
demonstration in the Barkhor in Lhasa, holding a Tibetan
national flag. He was sentenced to 10 years imprisonment
and four years deprivation of political rights. After
the demonstrations in Drapchi he was put in solitary
confinement and individually interrogated about the
demonstrations. He was tortured during interrogation and
it is believed he died in the interrogation cell. Formerly
a monk of Drepung Monastery in Lhasa, Ngawang was from
Toelung Dechen County, Sangmo township. His death is
currently unconfirmed.
-
Ngawang Tenzin
(lay name: Norbu Phuntsok) was arrested on
February 22, 1995 after participating in a demonstration
at the Barkhor in Lhasa. His sentence is unknown. It is
believed he died after the May 4 demonstration although
an unconfirmed report from TIN states that Ngawang died
on June 7, 1998. He was from Phenpo Lhundrup County and
a monk of Taklung Monastery.
The six nuns listed below were confirmed dead on June 7,
1998 when their bodies were given to the families. It
is reported that the nuns had been put in solitary
confinement after demonstrating on May 4 at Drapchi Prison.
Authorities said that the deaths were suicide but doubts
have been raised due to their solitary confinement at
the time of death. Reports received by TCHRD in September
confirmed that the bodies of Tashi Lhamo, Ngawang Choekyi,
Drugud Palmo and Kundon Yonten were given to the families
on June 7, 1998 although the exact date of death remains
unknown.
-
Choekyi Wangmo was a 21 year-old nun from Shar Bumpa
nunnery in Phenpo. The prison authorities allegedly claim
that Choekyi hanged herself in prison. Her death has not
been confirmed by TCHRD.
-
Drugud Palmo (lay name: Dekyi Yangzom) was a 21 year-old
nun from Nyemo County, 150 km west of Lhasa. She was
arrested in 1994 or 1995 although her sentence is
unknown. She was injured during the demonstration
and is believed as is believed to have died of her
injuries. Prison authorities claim that she had suffocated
herself by stuffing a scarf in her mouth. She was formerly
a nun at Nyemo Rangjung Choten Nunnery in Nyemo County.
-
Kundon Yonten was also from Nyemo County. Her cause of
death was also said to be from suffocation with a scarf.
-
Lobsang Wangmo (possibly two nuns by the same name)
was included among the deaths although this is currently
unconfirmed. It is possible that there were two nuns by
the same name. One was from Phenpo Nunnery and arrested
on December 10, 1994. The other Lobsang Wangmo was from
Doternenga Nunnery and arrested on February 15, 1995. Both
are believed to have died after May 4 demonstration.
-
Ngawang Choekyi was serving a five-year sentence for
demonstrating in the Barkhor in June 1994. She died during
the protests on May 1 or 4 but her body was not handed
over to her parents until June 7, 1998. She was 26 years
old from Phenpo Lhundrup County and formerly a nun of Shar
Bumpa Nunnery.
-
Tashi Lhamo (lay name: Youdon) was imprisoned in 1994 or
1995 on suspicion of subversive polirical activities. It
is believed she was serving a six-year sentence. Confirmed
reports say she was injured during the demonstration. She
was from Nyemo County, 150 km west of Lhasa. Prison
officials claimed she had suffocated herself by stuffing
a scarf in her mouth.
TCHRD received reports in September 1998 that another
nun whose name is unknown, died during one of the
demonstrations. Her body was handed over to her family on
June 7, 1998. She was from Phenpo Jhopo Nunnery in Phenpo
Lhundrup County.
Suicide
Torture includes the affliction of mental pain or
suffering. The psychological effects of extensive
interrogations and harsh incarceration conditions
have driven Tibetans accused of dissident activity to
suicide. TCHRD received one report of suicide this year.
Jampa Choden, aged 21, was a monk from Chamdo Tawa Teng. He
was badly beaten when Chinese officials interrogated him
regarding his involvement with "splittists". Jampa was
given "time to think" and was permitted to return to his
home. Around June 1997 Jampa learned that he was to be
arrested and committed suicide.
Torture and Ill Treatment of Prisoners
The following incidents of torture during detention were
recorded and confirmed by TCHRD in 1998.
-
Gyalchoe, a monk from Pa Dha Monastery in Pashoe County,
was arrested in or after January 1998 and taken to Pashoe
County Prison. He was beaten severely, his hands were
chained and he was shocked with an electric cattle prod
that was also inserted in his mouth. It is reported that
Gyalchoe has become very weak and frail and is said to be
struggling for his life in prison.
-
Gyaltsen Choephel was arrested in March 1988 on suspicion
of involvement in subversive political activity and
sentenced to 15 years imprisonment in Drapchi. He was
beaten for disagreeing with prison guards when they claimed
that those who died after the Drapchi demonstrations
had committed suicide. Last reports stated that he was
seriously injured from the beatings. He is 30 years old
and from Lhasa.
-
Kunchok Tsomo, a 25 year-old nun from the town of
Meldro Gyama, Lhasa City, was arrested in May 1993 for
taking part in a peaceful demonstration in the Barkhor,
Lhasa. During her arrest, she was hit with a rifle butt
which broke the bone of her upper right arm. For her three
year imprisonment at Drapchi Prison, Kunchok received no
medical treatment for her arm, despite her requests. The
injury was exacerbated as she was forced to clean and
separate wool during her imprisonment. On her release
in June 1996, Kunchok's relatives took her for hospital
treatment. Her flesh had grown around and inside the broken
bone. A relative said that her current condition is poor
and she still requires medication.
-
Kyaga, in his early thirties, was arrested in 1985 or 1986
for pasting a poster near Pompa Monastery and tearing down
the Chinese office signboard. He was sentenced to 11 years
imprisonment. He has now been released but suffers mental
problems as a result of torture while in prison. Chinese
officials also broke his ribs. Kyaga now resides in Pompa
village.
-
Lodroe Gyatso was sentenced to death for demonstrating
while in Drapchi Prison in March 1995. After pressure
from the international community, his death sentence was
reduced to a six year extension on his 15 year sentence.
Reports in June 1998 state that he was transferred to
Powo Tramo Prison and is currently suffering psychological
problems resulting from torture.
-
Ngawang Choezom, also a nun in Drapchi Prison, is believed
to have accompanied Ngawang Sangdrol in protesting after
the May demonstrations. She has also been subjected
to harsh interrogations, ill treatment and solitary
confinement. There is current concern for her health as
she is said to be in extremely poor physical condition.
-
Ngawang Jungney is believed to be suffering from
psychological problems after being tortured in prison. He
is currently held at Powo Tramo Prison serving a nine
year sentence. He is 28 years old and was arrested on his
return to Tibet after teaching Tibetan in Dharamsala,
India, on grounds that he was a spy for the Tibetan
government-in-exile.
-
Ngawang Lasang was arrested in 1997 while returning
to Tibet. He had previously been studying as a monk in
Sera Monastery in India. He was kept for five days in a
dark cell in an army camp in Dram, close to the Nepalese
border in Tibet. For 12 days he was given no food. When
guards found a photograph of the Dalai Lama on him, he was
ordered to step on it. When he refused, he was beaten. He
was then taken to Nyari Prison where he was held for six
weeks. In Nyari Prison, prisoners are required to salute
to the prison officers. When Ngawang failed to do so, an
officer beat him so severely on the head with his rifle
butt that Ngawang fell unconscious for half an hour. He was
not hospitalised and he now suffers from memory loss. He
has since been to Lhasa hospital where mental damage from
the beating was confirmed.
-
Ngawang Sangdrol, a nun, is said to be in a serious
condition at Drapchi Prison after being punished
for involvement in political protests within Drapchi.
TIN reported that she continued to protest a month after
the political demonstrations in May 1998 despite severe
reprisals and is now in solitary confinement. She has
already received two sentence extensions for political
involvement. She is currently serving an 18-year prison
sentence, the longest of any known female political
prisoner in Tibet.
-
Ngawang Sungrab (also known as Dawa Tsering) is 24 years
old and formerly a monk of Drepung Monastery in Lhasa. He
was arrested on September 27, 1991 with four monks from
Drepung, protesting at the Barkhor in Lhasa. He was
sentenced to 10 years imprisonment in Drapchi. Latest
reports in September said that Sungrab was badly injured
from bullet wounds during the Drapchi demonstration,
either on May 1 or 4. He is from Phenpo Lhundrup County.
-
Phuntsok Dorjee is formerly a monk from Phenpo Lhundrup
County. During the May demonstrations, he was blinded from
being hit by a bayonet. It is believed his condition is
now permanent. Details of his sentence are not known.
-
Phuntsok Thoesam, 28 years old and formerly a monk of
Drepung Monastery, was arrested on June 1, 1993 during a
demonstration in Lhasa. He is serving a seven-year sentence
in Drapchi Prison and is believed to have been beaten for
his involvement in the demonstrations at Drapchi. He is
from Phenpo Lhundrup County.
-
Tsundu, a 20 year-old student, was arrested with
six other students on May 5, 1997. The students were
arrested, handcuffed and had sacks tied over their heads.
The sack was left in place for about two hours causing
near suffocation. They were detained at the local police
station and were beaten every night by police officers,
during which they were tied up and their heads covered
with sacks.
Conclusion
Despite all evidence, the People's Republic of China
continues to deny that torture takes place in prisons in
Tibet. Testimonies show that this abuse remains widespread
and extreme. The Chinese government is yet to implement
mechanisms to ensure compliance with the provisions
of the Convention Against Torture despite ten years of
ratification.
[Contents]
China's relentless repression of religion in Tibet
continued in 1998. The "Strike Hard" campaign, first
introduced in 1996, was intensified this year. The
accompanying "patriotic re-education" program, specifically
targetting Tibetan Buddhism, was vehemently pursued in
many religious institutions with drastic results. The
program is designed to minimise dissent by controlling
the religious practices of Tibetans and forcing them to
forego any nationalistic sentiment. Tibetans are forced
to denounce His Holiness the Dalai Lama and pledge their
allegiance to the Chinese government. These suppressive
measures are a grave violation of the people's right to
freedom of expression, conscience and religion.
In 1998 TCHRD recorded the arrests of 327 arrests of monks,
nuns and lay people although the majority of these arrests
occurred in 1997. The expulsion of 7,156 monks and nuns
on account of the "patriotic re-education" campaign in
Tibet were also reported this year. This is a dramatic
increase on last year's figure which confirms that there
has been no relaxation in China's harsh measures. Since
the inception of the campaign in 1996 there have
been 9,977 expulsions and 492 arrests.
The "Strike Hard" campaign was officially extended into
the lay sector at the end of 1997 and continued throughout
1998 although it had been unofficially implemented in
some areas prior to this. Rural peasants were subjected
to "re-education" as were students and teachers at the
Tibetan Medical University in Lhasa. China appears to
be intensifying its campaign to restrict the Tibetans'
opportunities to live and develop their own culture.
International Law
Religious and cultural rights are internationally
recognised human rights. The incorporation of these
rights into international law is a recognition that the
preservation of these values is of universal concern. The
right to freedom of religion is upheld by the Universal
Declaration of Human Rights.
Article 18 of the Universal Declaration of Human Rights
(UDHR) clearly specifies that:
Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change
his religion or belief and freedom, either alone or
in community with others and in public or private, to
manifest his religion or belief in teaching, practice,
worship and observance.
This right is similarly defined in Article 15 of the
International Covenant on Civil and Political Rights
(ICCPR). Freedom of religion is also protected as a right
of minority groups under Article 27 of the ICCPR, which
states:
In those States in which ethnic, religious or linguistic
minorities exist, persons belonging to such minorities
shall not be denied the right, in community with the
other members of their group, to enjoy their culture, to
profess and practice their own religion, or to use their
own language.
In its 1998 White Paper on Human Rights in Tibet China states that:
The Chinese Constitution stipulates that freedom of
religious belief is one of the fundamental rights of
citizens. Chinese government respects and protects its
citizens' right to freedom of religious belief.
China regularly claims that the Tibetan people enjoy
religious freedom. Their law also stipulates that
officials who deprive citizens of religious freedom are
subject to up to two years imprisonment. However, till
date no officials have been charged for this crime despite
massive violation of religious freedom. On the contrary,
the Chinese government itself maintains policies and
programs to suppress religious freedom of the Tibetan
people.
Official Campaign for Religious Persecution
In 1996 the Chinese government introduced the "Strike Hard"
campaign with a general aim of reducing national crime
and corruption rates. In Tibet, the focus of the campaign
has been the "patriotic re-education" of the Tibetans, a
project designed to eliminate dissent by suppressing any
Tibetan nationalistic sentiment, particularly targetting
religious institutions. Ad hoc government "work teams"
are being sent to monasteries and nunneries to forcibly
"re-educate" monks and nuns in their political and
religious beliefs. Monks and nuns are encouraged to assume
Chinese "socialist" ideals in preference to traditional
Tibetan Buddhist teachings. Hundreds of religious
people have been expelled or arrested for resisting this
"re-education."
The deaths of 14 monks as a direct result of the "patriotic
re-education" campaigns were reported in 1997. The causes
of deaths were said to be severe pressure from the "work
team" officials and torture in detention.
Intensive seasonal campaigns were reported in some parts of
Tibet. On December 26, 1997 a comprehensive Winter "Strike
Hard" campaign was launched in Nagchu Region. Spring,
Summer and Winter programmes were implemented in Lhasa City
and a Summer campaign was organised in Shigatse. There is
no sign of a relaxation in this policy.
Officials of the Public Security Bureau were honoured
for successfully carrying out the "Strike Hard" campaign
in Tibet's various religious institutions. According to
a "TAR" Radio Broadcast, an award ceremony was held on
January 6, 1998 in the Haitang Hall, Lhasa where 71 out of
800 officials were awarded for their "exemplary service"
in carrying out the campaign.
Arrests of Monks and Nuns
In 1998, 327 monks, nuns and lay people were reportedly
arrested in connection with the "patriotic re-education"
campaign. 55 cases of arrest were reported in 1997 and 110
in 1996, making a total of 492 arrests from the start of
the campaign. The arrests were made for such activities as
pasting wall posters in and around the monasteries, failing
to comply with the principles laid down by the "work team,"
protesting against officials, possessing a picture of the
Dalai Lama, opposing the Chinese-appointed Panchen Lama
and refusing to sign the political pledge of allegiance to
China. The arrested persons stand charged by the Chinese
government for "endangering national security."
"Patrioutic Re-education" in Lay Community
On November 19, 1997 Pema Dragpa, President of the Regional
Higher People's Court, and Nyima Tsering, the new Deputy
Chairman of the "TAR" announced the extension of the
"re-education" campaign to the whole society . Although
it only became an official element of the "Strike Hard"
policy on this date, the campaign in the lay community had
been implemented in various areas since the introduction
of the campaign in 1996. By 28 November, 1997 in Lhuntse
county, Lhoka prefecture, "54,597 peasants had participated
with 4,466 written statements of criticism of the 'Dalai's
rule and suppression in old Tibet'. All the temples in the
county had held 111 meetings attended by 1,038 monks and
nuns, and 192 monks and nuns in monasteries had written
639 articles to criticise [the] Dalai [Lama]."
Following the announcement, pilot projects for the
"patriotic re-education" of lay people were launched
in Gongkar County and in Lhuntse County, also in
Lhoka Region. The pilot project was aimed to study how
successfully the "patriotic re-education" campaign could
be implemented in the lay community. Lhasa's Medical
University has also been targetted and it is expected that
the implementation of the campaign in the lay sector will
continue.
Total Control over Religious Activity
Chinese "work teams" continue to exercise control
over all religious activities in monasteries and
nunneries. "Patriotic re-education" sessions have been
routinely conducted since the project's inception. In the
first half of 1998 "work teams" were still conducting such
sessions in some religious institutions. In addition,
many monasteries and nunneries previously covered in
the campaign reported that "work teams" made re-visits
in 1998 to ensure that the "re-education" policies were
still being followed.
The latest testimonies from Tibetan monks and nuns
who have fled into exile, reveal a fairly consistent
pattern of "patriotic re-education" sessions in religious
institutions throughout the year. By December 1998, at
least 132 religious institutions in Tibet had been covered
by the "work teams" during the year.
-
Choede Monastery
(Ba, Karze "TAP" Sichuan Province): A monk reported that
a seven-member "work team" visited his monastery in early
1998. Besides conducting the "patriotic re-education"
sessions, the officials limited the number of monks to
100. Of the 370 monks in the monastery, all except 70 were
expelled including novice monks below the age of 18. The
monks have to pay 10 Chinese yuan and the monastery has
to pay 1,000 Chinese yuan to the County Religious Bureau
as a form of tax.
-
Dhumbu Choekor Monastery
(Gongkar County, Lhoka Region): 30 monks were reportedly
arrested and six monks were expelled from the monastery
when the "work team" first visited in 1996. In March 1997
the monastery was revisited by a 12-member team.
-
Drak Yerpa Retreat
(Taktse County, Lhasa City): There were 120 monks and
hermits in this retreat managed by Lama Azom Trulku.
"Work team" members ordered the demolition of the main hall and
the meditation caves. Prayer flags were torn and the ropes
from the flags were used to tie up the wooden planks from
the destroyed prayer hall. At present there are only 11
monks in the retreat and they are forced to pay rent to
the Chinese authorities.
-
Drigong Sha Lhagang Monastery
(Meldro Gongkar County, Lhasa City): This monastery was
visited by a "work team" in March 1998. The monastery had
300 monks and 200 nuns who were all compelled to leave
following the "patriotic re-education" campaign.
-
Galo Nunnery
(Nagchu Region "TAR"): A nun from this nunnery reported
that a 17-member "work team" arrived in 1997. They
stayed for just over three months during which time three
"re-education" meetings were conducted each day. There were
250 nuns in the nunnery of whom 20, all below 18 years,
were expelled. The food and lodging cost of the "work
team" was borne by the nunnery.
-
Kirti Monastery
(Ngaba County, Sichuan Province "TAP"): This is the biggest
monastery with 2,300 monks. The date of the "work team"
visit is not known. The "work team" members stayed in the
monastery for 20 days during which the monks were told to
oppose the Dalai Lama and accept "Tibet as part of China."
-
Minyak Sukhu Monastery
(Nyakchu County, Karze "TAP"):
Gyama, aged 22, from Dartse Do County, Karze "TAP,"
reported that a Chinese "work team" of four or five
officials visit the monastery in March, June and October
every year. At present there are 35 monks in the monastery
but the officials have set a limit of 20 monks. About 10
novice monks below the age of 20 have been expelled and
the monks must have ID-Cards to stay in the monastery.
-
Pembar Monastery (Pembar County, Chamdo Region): A monk
from this monastery reported that a "work team" arrived
in July 1997. Ten of the "work team" members were Tibetan
and 20 were Chinese. They did not stay in the monastery
on this occasion and before they left they said that
they would return in November 1997. At present there are
63 monks in the monastery but a limit of 30 monks has
been imposed with a minimum age of 23 years. The Chinese
officials have told the monks to oppose the Dalai Lama,
and photographs of the Chinese-appointed Panchen Lama and
red ID cards have been issued to the monks.
-
Potok Nunnery
(Phenpo Lhundrup, County, Lhasa City): This nunnery had
190 nuns before the arrival of the "work team" in March
or April 1997. During the re-education sessions 60 nuns
below the age of 16 were expelled from the nunnery.
-
Ragya Monastery (Thingtoe County, Tso Lho "TAP"): "Work
teams" came to this monastery in April and September
1998. A monk reported that there are presently 600 monks
in this monastery and that the "work team" has set a limit
of 200 monks above the age of 18. On their departure the
"work team" indicated that they planned to revisit the
monastery.
-
Rakor Nunnery
(Toelung Dechen County, Lhasa City): This nunnery had
about 81 nuns. Following a visit by the "work team" on
March 17, 1997 all the nuns were expelled and the nunnery
was closed down. The nuns rooms have also been destroyed
and the wooden planks of their beds sold.
-
Samdrup Monasteryh
(Karze "TAP," Sichuan Province): A monk from this monastery
reported that there used to be about 200 monks but at
present there are 150 monks. In 1996 Chinese officials
made random visits to this monastery with 10 to 15
officials staying for 15 days. The authorities plan to
reduce the congregation to only 30 monks above the age of
18. Last year more than 100 monks were expelled. Pictures
of the Dalai Lama and the Panchen Lama recognised by the
Dalai Lama are not allowed.
-
Toerong Nunnery
(Lhoka Region): A "work team" comprising of four members
visited Toerong Nunnery in Sho Re township in July or
August 1997. Not one of the nuns in the nunnery accepted
the principles laid down by the "work team." As a result,
all the nuns in the nunnery were expelled. The "work team"
demolished the rooms of the nuns.
Expulsion of Monks and Nuns
Expulsion is a key element in the Chinese authorities'
campaign to eliminate political activities in religious
institutions. In 1996 about 1,295 monks and nuns were
expelled, and a further 1,526 in 1997. In 1998 reports
of 7,156 monks and nuns expelled from various religious
institutions were documented, including 2,206 juvenile
monks and nuns. The total number of expulsions resulting
from the "Strike Hard" campaign is now 9,977.
In addition, around 306 monks and nuns are known to have
voluntarily left their monasteries and nunneries in 1998
rather than accept the pledge required by the "patriotic
re-education" session. This is a dramatic increase on
previous years. In 1996 there were only 52 such cases and
35 in 1997.
Once expelled or arrested, monks and nuns are prohibited
from joining any religious institutions in Tibet. With
the expulsions and restrictions imposed, the population
in religious institutions has been drastically reduced.
Ma Yingchou, Deputy Director of Minority and Religious
affairs in Tibet stated that the admission of monks and
nuns into the monastery is now strictly controlled.
-
Dakkar Monastery
(Pembar County, Chamdo Region): It was reported that
12 monks were expelled from the monastery because the
official limit imposed by the "work team" had been
exceeded. Among the monks expelled were: Nyima Dhondup
(18), Tashi Tsering (15), Sonam Ngodup, Ngawang Palden,
Nortse, Tsering Dhondup, Wangyal, Dhonden, and Sonam
Tsering, all from Pember County.
-
Drak Yerpa Retreat
(Taktse County, Lhasa City): So far 109 monks, including
20 elderly monks from Drak Yerpa retreat were expelled
and sent back to their respective villages.
-
Garlog Nunnery
(Toelung Dechen County, Lhasa City): Karma Tsultrim,
a 17 year-old nun, was expelled twice from this
nunnery; first during the 1997 Losar (Tibetan New Year)
because her name was not on the nunnery’s official list
and then again in 1997 because she did not oppose the
Dalai Lama. Karma reported that 180 of 200 nuns have been
expelled.
-
Gegay Gon Nunnery
About 330 nuns were reportedly expelled
and prohibited from entering any other nunneries. The
"work teams" have also ordered that no new nuns will be
admitted into the nunnery.
-
Ladrang Monastery
(Tso Ngon Region "TAP"): This monastery
has a total of around 5000 monks, including those
unregistered. During the "patriotic re-education" session
in May 1998, 1000 novices, below the age of 18 years, were
expelled from the monastery and were sent back to their
respective towns and villages. After two months another
1000 monks were reportedly expelled from the monastery.
The source reported that the "work team" was to stay in
Labdrang Monastery for 3 months.
-
Lhagon Monastery
(Minya Lhagon County, Karze "TAP"): Four
monks have been expelled from this monastery. Dhartse (23)
was expelled in 1996 because "he did not study properly";
Karma (19) and Rinzin Gyamtso (23) were both expelled in
1997 for arguing with the "work team," and Abu Tenzin (17)
who was expelled in 1998 because he was under-age.
-
Lhakang Ser Po Nunnery:
13 nuns were expelled after
expressing dissatisfaction with the presence of a
six-member "work team" in the nunnery. Of those expelled,
the following names have been confirmed; Chungwang, Tsering
Wangmo (22), Tashi Paldon (25), Dechen Dolma (26), Passang
(20), Dawa and Wangmo (22).
-
Lhari Daegyen Monastery
(Nagchu Region): Seven monks were
expelled from this monastery. Among them were three novice
monks including Gyaltsen Jampa, Namdrol Tenzin and one
unknown monk. The four other monks expelled were Palden,
Sonam Nyima, Namkha and Sonam Gonpo.
-
Potok Nunnery
(Phenpo, Lhasa City): The "work team" came
to this nunnery in March, 1996 and 60 nuns under the age
of 16 were expelled.
-
Sakya Trul Pae Monastery:
The "work teams" have expelled
six monks from this monastery. Among them were Kyentse
Wangchuk, Shakya Sanghe Shungwa, Kunga Rabgay, Gedhun
Gyaltsen.
-
Sera Choe Dring Monastery:
All 15 monks in the monastery
were forced to leave in January 1998 and the monastery
was closed down.
-
Serpo Monastery
(Pashoe County, Chamdo Region): A "work
team" came to this monastery in February 1998. Of 45 monks,
six were arrested and the remaining 39 were expelled.
-
Thekchok Ling and Shong Chey Nunnery:
"Work team" members expelled 33 nuns from Thekchok Ling
and Shong Chey Nunneries.
-
Toerong Nunnery:
A four-member "work team" visited this
monastery in August 1997 and expelled 23 nuns. The "work
team" also ordered the demolition of the rooms of the
nunnery.
-
Youning Monastery
(Huzhu County): Chinese authorities
expelled 49 monks of 52 over the age of 60 years. 28 monks
below the age of 15 were also expelled from the monastery.
Closures of Religious Institutions
Strict instructions were given by the Chinese authorities
that monasteries and nunneries involved in political
unrest be closed down. 14 monasteries and nunneries
in Tibet were reportedly closed for these reasons in
1998. In 1997 TCHRD recorded the closure of three
religious institutions. Chinese authorities claim
that these religious institutions were built without
permission. They have also demolished monasteries and
nunneries on the pretext that they were built from foreign
money. The monks and nuns from such institutions are sent
back to their respective villages and are forbidden from
joining any other monasteries and nunneries in Tibet,
instead being forced to perform lay work. Monasteries
and nunneries completely closed down as a result of the
"Strike Hard" campaign include:
-
Doalbo Monastery in Gongkar County, Lhoka Region, "TAR"
-
Drak Yerpa Monastery in Taktse County, Lhasa City, "TAR"
-
Drugung Yama Ri Monastery in Meldro Gongkar County, Lhasa
City, "TAR"
-
Karsang
Monastery in Nangchen County, Kye Gu do, "TAP"
-
Kumbum
Jonang Monastery in Pashoe County, "TAR"
-
Lachung
Monastery in Nangchen County, Kye Gu Do, "TAP"
-
Namrab
Samtenling Nunnery in Gongkar County, Lhoka Region, "TAR"
-
Rakor
Nunnery in Toelung Dechen County, Lhasa City, "TAR"
-
Samdrup
Gonsar Monastery in Lhatse County, Shigatse Region, "TAR"
-
Samye
Chimpu in Danak County in Lhoka Region ,"TAR"
-
Serpo
Monastery in Pashoe County, "TAR"
-
Shongchen
Nunnery in Ngamring County, "TAR"
-
Warang
Monastery in Nangchen County, Kye Gu Do, "TAP"
-
Yu
Lung Nunnery Nakar Tse County, Lhoka Region, "TAR"
Additional Repressive Measures
Pangsa Monastery (Tashi Gang township, Meldro Gongkar
County), was visited by a six-member work team on September
2, 1997. There were 35 monks in the monastery at the time
of the "work team's" arrival but only 16 monks remain.
When the monks refused to comply with the "patriotic
re-education," the "work team" prevented them from
leaving the premises. The doors and windows were locked
and the monks were subjected to regular "re-education" and
interrogation sessions. It was reported in February 1998,
that some were still being held under these conditions. It
was also reported that all of the monasteries in the Meldro
Gongkar area had been strictly instructed not to hold any
religious ceremonies.
Religious monuments have been destroyed by the Chinese
authorities. Three temples in Gyamda County, Nyingtri
Region were reportedly demolished during the year. The
Chinese claimed that these temples were not authorised by
the government.
The Chinese government has extended its campaign against
the Dalai Lama. All Party cadres and government employees
are liable to have their homes searched for any evidence
of allegiance to the Dalai Lama. This includes all Party
members, lower ranking officials and any employees in
governmental departments. This indicates the government's
intention of eradicating the influence of the Dalai Lama at
all levels of the community, further denying the Tibetans'
right to enjoy freedom of religion.
Conclusion
The brunt of China's religious repression is currently
borne by Tibet's monks and nuns. Testimonies of monks and
nuns from all areas indicate that China's crackdown on
religion is widespread, systematic and extremely effective.
The campaign appears to be intensifying, with exponential
increases in the number of expulsions and arrests recorded
in 1998, and indications that the programme is being pushed
into the lay sector. The Tibetans are being denied their
fundamental right to freely determine their own beliefs.
The entire cultural heritage is threatened by this trend
and measures must be introduced immediately to halt the
process.
[Contents]
The rights of Tibetan women are being annulled by the
continual repressive measures implemented by the People's
Republic of China. Contrary to domestic policy to exercise
leniency with regards to family planning in minority
groups, Tibetan women are being subjected to enforced
sterilisation, contraceptive and abortive procedures. Not
only are the stringent birth control policies violating
the rights of women and compromising their health, they
legally amount to genocide.
The UN Convention on the Prevention and Punishment of the
Crime of Genocide defines genocide as meaning any acts
committed with intent to destroy, in whole or in part,
a national, ethical, racial or religious group, including
the imposition of:
... measures intended to prevent births within the group. (Art. II d)
In 1998, reports were received of 432 Tibetan women being
sterilised against their will.
Tibetan women are not exempted from other human rights
violations in Tibet. They too are denied the right to
freedom of expression and opinion, and are vulnerable to
arbitrary arrest and imprisonment. In prison, women are
frequently tortured and there are many accounts of sexual
abuse.
These practices breach both international and domestic
laws and it is China's responsibility to implement more
effective measures to protect the rights of Tibetan women.
In 1998 TCHRD recorded 11 arrests of women for exercising
their freedom of expression. 1,123 nuns were expelled
from their nunneries on the same grounds, bringing the
total number to 1261 since the launch of the "Strike Hard"
campaign in 1996. Of the 1084 current Tibetan political
prisoners, 245 are women.
International Law
Since 1980, the People's Republic of China has been a
State Party to the international law of the Convention on
the Elimination of all forms of Discrimination Against
Women (CEDAW). In ratifying this Convention, China is
bound to uphold its provisions and, under Article 2,
agrees to condemn discrimination against women. In 1998
China submitted its latest report to the United Nations
detailing its adherence to CEDAW. Testimonies from Tibetan
women and witnesses, however, show that China is continuing
to violate its obligations under the Convention.
Article 1 of CEDAW states:
... the term "discrimination against women" shall mean any
distinction, exclusion or restriction made on the basis
of sex which has the effect or purpose of impairing
or nullifying the recognition, enjoyment or exercise
by women, irrespective of their marital status, on the
basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social,
cultural, civil or any other field.
China's Legal Position
In its latest report to the United Nations CEDAW Committee,
submitted on May 29, 1998, China outlines its main domestic
laws which have been created to protect the rights and
interests of women. These are:
-
the Law of the People's Republic of China on the Protection
of the Rights and Interests of Women [referred to as the
Women's Law (1992)]
-
the Law of the People's Republic of China on Maternal and
Infant Health (in effect from 1995)
-
the
Labour Law of the People's Republic of China (1994)
-
the
Program for the Development of Chinese Women (1995-2000)
The Women's Law is described by the Chinese government
as the "first basic law dealing with women's rights
and interests in a specific and systematic manner."
It also states that, "[t]he Law highlights the special
protection of women's rights and interests. ... [it] makes
new provisions for women's political participation,
appointment, employment, labour protection, marriage,
etc."
The Law on Maternal and Infant Health "stipulates that
health services be provided to women and mothers in ...
pre-pregnancy, prenatal and postnatal stages and in care
of infant and young child."
To date, these domestic laws have failed to provide women
with the protection of their rights to which they are
entitled.
Birth Control Policy
In 1998 TCHRD received reports of 432 women who were
subjected to enforced sterilisation or contraceptive
procedures. These reports all relate to events in 1997. 300
of the 432 sterilisations took place in Nyemo County
after the birth control policy was launched on May 22,
1997. There are also reports of men being subjected to a
"seven stitch" operation as a form of sterilisation.
Despite the PRC's obligations under international law, the
rights of Tibetan women to have children are restricted by
stringent birth control policies. It appears that China's
family planning policies neglect the options of voluntary
contraception and education. Instead, forceful measures are
used throughout Tibetan areas. Quotas have been imposed
to restrict the number of children born, and any family
who exceeds the given quota faces discrimination and hefty
fines. All mothers are required to hold a permit detailing
the number of children they have, and are entitled
to. Those working in official positions are limited to
two children; farmers are permitted three children. If the
woman becomes pregnant above the permitted quota she will
be requested to undergo an abortion. Other cases testify
that if a woman refuses the operation while pregnant and
goes to lengths to avoid authorities, she may be subjected
to sterilisation after the birth.
In Rebkhong County, Amdo it was announced in October 1997
that a fine of 1,000 yuan (US$125) would be imposed for a
child in excess of the quota born after the announcement,
with progressively higher fines for each successive
child. These children are not registered and, consequently,
denied basic rights (the same condition applies across
Tibet). A ration card which entitles the child to food is
not issued, they have no rights to an education and the
child is not entitled to any land rights during his or
her lifetime.
Article 16 (e) of CEDAW obliges States Parties to ensure,
on a basis of equality of men and women:
The same rights to decide freely and responsibly on the
number and spacing of their children and to have access
to the information, education and means to enable them to
exercise these rights.
In Nyemo County in Lhasa City, couples must have at least
a three year gap between each child. They are allowed up to
three children. Parents are fined 500 yuan (US$62.50) if a
child is born before the three-year period elapses. A woman
reported in 1998 that each couple must register their names
with the Township People's Government Office before they
are married and are required to obtain a certificate if
they want a child. If they give birth without permission
from the office, each family is fined 500 yuan (US$62.50).
Birth Control Measures
The PRC's Law on Maternal and Infant Health Care
states that health services are to be provided to women
and mothers in pre-pregnancy, prenatal and postnatal
stages. "Prenatal health services" includes "foetus health
care, new born care and guidance for safe delivery."
Contrary to this law, abortion and contraception
procedures performed on Tibetan women are often dangerous
and performed in make-shift facilities with no medical
follow-up or medication. Witnesses say that many women
lose consciousness or are ill or weak after the operation,
making them unable to return to work. Others have died
after the procedure. The operation usually involves
full sterilisation or the administering of a long-term
contraception. The most common form of contraception is
the insertion of an intrauterine device (IUD). Women are
not provided with information on the nature of the device
and are often unaware of its insertion. This has resulted
in infection in many women. Other forms of contraception
reported are an injection believed to last around three
years, or an implant in the arm that releases hormones to
prevent pregnancy.
Cases of women aborted against their will in full-term
pregnancy have been reported. There have also been reports
of foetuses being injected with a fatal substance after
induced births. The fear of sterilisation also deters
women from accepting general healthcare treatment.
-
Gedun Kyi from Sangchu County in Ngapa “TAP” reported
that there is a quota of two children for the 400 Tibetan
farmers in the area. If a woman is pregnant with a third
child'she will be aborted at the hospital. If a third
child is born the family must pay 1000 yuan and the child
is not entitled to any benefits until the age of 18. In
some cases only one child is allowed before the mother is
forcibly taken to the hospital. Gedun said that majority
of married women in the County had been contacted by
hospital authorities about birth control.
-
Namgyal Choephel, aged 56 from Na-kar Tse County,
reported that both Tibetan men and women were subjected
to sterilisation procedures in his area. Once a family's
child quota was reached, the parents would be summoned
to the hospital to undergo an operation. Namgyal said
that men were given an injection in their lower side,
leaving them with a scar and seven stitches in their
abdomen. Women were operated upon and simply advised
by the hospital staff to eat meat and refrain from work
after their release. He also stated that people would
offer the doctors compensation, such as food, to ensure
the operation was successful. This was out of fear that
the operation might fail, resulting in further pregnancies
and consequent fines.
Cases of Coerced Sterilisation
The following testimonies of Tibetans now living in exile
in India and Nepal were recorded in 1998 although the
events took place in 1997.
-
Kunchok Tendar, interviewed in June 1998, said that
112 Tibetan women in Lhasung Yul were inserted with
contraceptive devices during one month of 1997. This was
either a long-term contraceptive tubing in the upper arm or
an intrauterine device. Women with two children were also
called to the hospital although they were, theoretically,
entitled to three children.
-
Yangchen Dolkor, a nun from Penpo County in the
"TAR" said that officials demanded that all women,
married or unmarried and over the age of 16, must have a
contraceptive injection in the arm as a method of long-term
contraception. In her village of 50 families, seven women
who were over 16 years old received the injection. If they
refused, they were threatened with a fine of 1,000 yuan
or imprisonment. The women were first given an anaesthetic
and then the contraceptive. Yangchen said that most of the
women were physically weak or unconscious after receiving
the contraceptive. Those who pleaded with the authorities
were given the injection without the anaesthetic.
The contraceptive measures followed an announcement this
year that women were entitled to three children and anyone
bearing children above that quota would be fined 10,000
yuan (US$1,250). Most of the women were farmers or nomads.
-
Nine women between the ages of 18 and 45 from Shabrang
village, Thonring Sub-County were transported at night
in October 1997 to the Rebkhong Government Hospital in
Rebkhong County, for sterilisation. They were told that
their medication for a week after sterilisation would be
arranged. The nine women returned two days later and eight
of them fell seriously ill. They received no medication
from the authorities. County officials had made an
announcement several days prior to the arrival of the birth
control team that 100 per cent cooperation was expected
and any refusals would lead to heavy fines. Fines were
also introduced for children born outside of the quota.
A birth control team also took four women from
Gomar village in Thonring, two of whom never had any
children. It was reported that the four suffered critical
post-sterilisation health problems and that one of them
was in danger of dying.
-
A source (name withheld), aged 40, from Nyemo County
reported seeing approximately 300 women summoned to Nyemo
hospital to be sterilised on May 22, 1997. The health
department had surveyed a total of about 1,000 women who
were to be subjected to birth control measures. The source
reported that women up to three months pregnant had their
babies aborted.
Torture and Ill-treatment of Women Prisoners
In 1992 CEDAW formally extended the general prohibition
on gender-based discrimination to include gender-based
violence, which it defined as:
... violence that is directed at a woman or that affects women
disproportionately. It includes acts that inflict physical,
mental or sexual harm or suffering, threats of such acts,
coercion and other deprivations of liberty.
Conditions for women in prison in Tibet do not adhere to
international standards. Women are given no provisions
for menstruation and this is exacerbated by not being
allowed to wash for long periods. No exceptions are
made for pregnant women in detainment and Tibetan women
have miscarried after torture. The latest reports of
torture and deaths of female prisoners stem from the
demonstrations that took place in Drapchi Prison on
May 1 and 4, 1998. Six nuns are reported to have died
a month after the demonstrations. Another two nuns are
now believed to be suffering from health problems after
initiating further protests.
Jamdron, a nun and political prisoner in Drapchi Prison,
was interrogated, beaten and put in solitary confinement
after openly singing an independence song during Losar
(Tibetan New Year) at Drapchi in February 1998. She
may remain in solitary confinement until her sentence
expires in 2002. This is the longest period of solitary
confinement reported to TCHRD. She was sentenced to seven
years imprisonment in 1995. She is currently 23 years old
and from Phenpo Gyarak Nunnery.
Ngawang Choezom, a nun in Drapchi Prison, is believed to
have accompanied Ngawang Sangdrol (below) in a protest
following the May 1998 demonstrations in Drapchi. The
Tibet Information Network (TIN) reported that both nuns
were subjected to harsh interrogations, ill-treatment and
solitary confinement. There is current concern for her
health as she is said to be in extremely poor physical
condition.
Ngawang Sangdrol is said to be in a serious condition
at Drapchi Prison after being punished for involvement
in political protests within Drapchi. TIN reported
that she continued to protest a month after the
political demonstrations on May 1 and 4, 1998, despite
severe reprisals. She is currently serving an 18 year
sentence. This is the longest sentence of any female
political prisoner.
Nyima is a nun currently serving a five year sentence at
Drapchi Prison. In February 1998 she was put in solitary
confinement for singing an independence song with fellow
inmate, Jamdron (above). She was interrogated and beaten
and it is reported that she will remain in solitary
confinement until her release in 1999. She is 18 years old,
from Phenpo Potok Nunnery in Phenpo Lhundrup County.
Deaths as a Result of Torture
Six nuns are believed to have died following their
participation in the May 4 demonstration in Drapchi
Prison. The nuns all died on June 7, 1998 after being
put in solitary confinement. The authorities told the
families that the nuns committed suicide. The nuns are
Ngawang Choekyi (26), Tashi Lhamo (24), Choekyi Wangmo,
Lobsang Wangmo, Dekyi Yangzom (21) and Khedron Yonten.
Authorities claim that Choekyi Wangmo from Sharbumba
Nunnery hanged herself, while Tashi Lhamo, Dekyi Yangzom
and Khedron Yonten, suffocated themselves by stuffing their
mouths with scarves. The latter three nuns were all from
Nyemo County, Lhasa City. The death of Lobsang Wangmo is
unconfirmed and could possibly be two nuns by the same
name.
Conclusions
The People's Republic of China is obliged to ensure that
all rights of women, as recognised by both international
and domestic laws, are upheld. Enforced birth control
measures must be abolished as they are a profound
abuse of women's rights and are in direct conflict with
international law. Mechanisms must also be introduced to
ensure the protection of female prisoners from torture,
sexual abuse and other forms of ill-treatment. Current
domestic regulations are insufficient in the protection
of these rights and China needs to address this issue
immediately.
[Contents]
The rights of children are comprehensively protected
under various international laws and covenants to which
the People's Republic of China (PRC) is bound. In 1994,
in China's initial report on its adherence to the United
Nations Convention on the Rights of the Child (CRC), China
described itself as a "consistent respecter and defender
of children's rights." There is much evidence, however,
to indicate that this is not the case.
The rights of Tibetan children are consistently neglected
by the Chinese government. Their rights to education
and healthcare are not protected, nor are their rights
to liberty and freedom of expression. Until the overall
living standard of Tibetan people in Tibet is raised, the
rights of children to these and other basic necessities
cannot be guaranteed. The PRC is obliged to intensify its
efforts in raising the subsistence levels and to also
make concessions for the child's right to enjoyment of
free expression. Current repressive measures in place
in Tibet deny children this fundamental right and many
parents choose to send their children into exile rather
than let them grow up beneath Chinese rule.
International Law
On August 29, 1990 the People's Republic of China signed
the Convention on the Rights of the Child and ratified
it on March 2, 1992. Signatories are bound to refrain
from any practices that may defeat the objectives of
the convention. The CRC cannot be separated from other
conventions as the fundamental principles therein are
intrinsically linked to other covenants including the
International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural
Rights. This emphasises the responsibility of the state
to maintain conditions which foster the development of
the child, in all aspects, to the fullest extent.
Article 24(1) of the International Covenant on Civil
and Political Rights (ICCPR) contains provisions for the
protection of children's rights which states:
Every child'shall have, without any discrimination as to
race, colour, sex, language, religion, national or social
origin, property or birth, the right to such measures
of protection as are required by his status as a minor,
on the part of his family, society and the state.
Child Poltical Prisoners and Prisoners of Conscience
There are currently 12 known juvenile political prisoners
detained in various prisons in Tibet as a result of
their attempt to exercise their rights to freedom of
expression. The treatment of juvenile detainees in Tibet
violates both Chinese law and international human rights
treaties which China is legally compelled to observe,
causing serious concern to human rights monitors and
advocators.
There is evidence of juveniles being detained in almost
every Chinese prison in Tibet. They are detained in adult
prisons, denied legal representation and contact with
family, and subjected to severe ill-treatment.
These indications violate Article 37 (b) of the Convention
on the Rights of the Child which states:
No child'shall be deprived of his or her liberty unlawfully
or arbitrarily. The arrest, detention or imprisonment of
a child'shall be in conformity with the law and shall be
used only as a measure of last resort and for the shortest
appropriate period of time.
This Convention recalls "the provisions of the Declaration
on Social and Legal Principles relating to the Protection
and Welfare of Children, ...[and] the United Nations
Standard Minimum Rules for the Administration of Juvenile
Justice (The Beijing Rules)."
-
Lhakpa Tsering was only 17 when he, along with two
other friends, made posters and a Tibetan flag and
pasted them in the Lhoka Chideshol township on July 31,
1992. They were arrested on August 28, 1992. Charged with
"counter-revolutionary" propaganda, Lhakpa was sentenced
to two years and one year deprivation of political
rights. Lhakpa served his term in Drapchi prison.
-
Tenzin Tsedrup from Taktse Phagmo Monastery in Taktse
County, was 11 years-old when he and his friends organised
a demonstration on August 18, 1993 in Norbulingka, Lhasa
during the Shoton festival. They were immediately arrested
and brutally beaten. A Chinese policeman kicked Tenzin on
his chest and he fell unconscious. Moments after he gained
consciousness, he was subjected to interrogation. On
September 14, 1993 their sentences were passed whereby
Tenzin was sentenced to one year in Gutsa. The other two
were sentenced to six and four years respectively and
transferred to Drapchi. After his release from prison he
was not allowed to rejoin the monastery. Tenzin fled Tibet
and reached India in August 1998.
-
Tenzin Tsultrim was 17 years-old when he was arrested by
the Chinese "work team" officials on February 12, 1998
for pasting "Free Tibet" posters. He is a monk at Rabten
Monastery in Sog County, Nagchu region. He is currently
detained in Sog County Prison.
-
Tsering Choekyi was only 14 years-old when she was
arrested for participating in a freedom demonstration
on December 12, 1993. A former nun of Shugseb Nunnery,
she served three years "re-education-through-labour" in
Trisam Prison, Toelung. Despite being a juvenile prisoner,
she was housed with other older prisoners and was subjected
to the same kind of labour as the others.
The Child Panchen Lama
Since Gedhun Choekyi Nyima disappeared in May 1995, China
has made evasive statements about his whereabouts. For
an entire year they blatantly denied accusations from
international organisations, government bodies and
the Tibetan government-in-exile regarding the child's
disappearance. In May 1996 China's permanent mission to
the United Nations, Wu Jianmin, finally conceded that
they were holding the child in custody "at the request
of his parents." This came after prolonged scrutiny by
the UN Committee for the Rights of the Child. However,
to this date no government body, concerned organisation
nor independent observer has been allowed to see the
child. Conflicting reports on his location were provided
to delegations who expressed concern about Gedhun Choekyi
Nyima. The Austrian delegation, who went to Tibet in
1997, were told that the boy was held in the village
of Lhari about 250 km from Lhasa. The same year, the US
delegation and other sources were told that the boy was in
Beijing. China continues to deflect international pressure
regarding the issue, and has been able to sustain this
gross abuse of human rights for more than three years.
Right to Education
The Convention on the Rights of the Child guarantees:
... the right of the child to education.
The Chinese government's Education Law reiterates this,
stipulating that every:
... citizen shall enjoy equal educational opportunities
regardless of race, nationality, sex, occupation, financial
status and religion.
The Chinese government needs to urgently address the issue
of education in Tibet. High proportions of Tibetan students
are not being educated and this has grave implications on
the individual and on the survival of the entire Tibetan
culture.
Article
30 of the Convention on the Rights of the Child stipulates:
In those states in which ethnic, religious or linguistic
minorities or persons of indigenous origin exist, a child
belonging to such a minority or who is indigenous shall
not be denied the right, in community with other members
of his or her group, to enjoy his or her own culture,
to profess and practise his or her own religion, or to
use his or her own language.
Contrary to this, in April 1997 "TAR" officials announced
that Tibetan language would no longer be the sole language
for education in primary schools and implied that in some
cases Chinese would actually replace Tibetan altogether.
Tenzin, the TAR Deputy Secretary, said that to only study
in the Tibetan language would "do no good to ... children's
growth." This is an extension of ideas articulated by
the TAR Party Secretary, Chen Kuiyuan, in 1994 when he
said: "[t]he success of our education does not lie in
the number of diplomas issued ... It lies ... in whether our
graduating students are opposed to or turn their hearts
to the Dalai clique and in whether they are loyal to
or do not care about our great motherland and the great
socialist cause." The curriculum of schools in Tibet is
controlled by the Chinese government and is recognised as
the means to suppress ideas which conflict with Communist
ideology. Kuiyuan stated that "political and ideological
work in the schools" should be intensified, prioritising
it over conventional academic goals of education. The fact
that the Tibetan language in the primary sector is being
superceded shows that this process is underway.
Yangzom Dolma, a 17 year-old student from Mirig Lobdra
(Ethnic Groups Middle School) in Dechen "TAP," was
one of 500 Tibetan students in the school of 2000.
"The Chinese students used to call us names in Chinese
meaning 'dirty minority.' No Tibetan was taught in the
school and everything was in Chinese medium. We were
discouraged from speaking in Tibetan even outside class and
we were told that we would fall behind in our studies. If
we did speak in Tibetan we would be ignored. The teachers
were also from different ethnic groups but all had a good
knowledge of Chinese subjects and the Tibetan teachers had
no knowledge of Tibetan subjects. Our subjects were Chinese
History, Geography, Politics (concentrating on socialism
and its advantages), Chemistry, Biology and Astronomy. No
Chinese language was taught as it was assumed that we
already knew it well enough. I had learned Chinese in my
primary school."
By restricting the use of the Tibetan language, the
Chinese maintain a monopoly over the curriculum and are
thus able to further restrict the child's right to enjoy
their indigenous culture. Pasang Dolma, a 15 year-old
who arrived in India in December 1998 said that all the
teachers in her school were Chinese and that some subjects
were taught only in the Chinese language. Such procedures
alienate Tibetan children both socially and academically
and the future implications are many.
Gyaltsen Norbu, Chairman of the TAR government conceded
that by the end of 1993, approximately one third of
Tibetan children were unable to go to school due to
financial constraints. The fundamental reason for low
enrolment levels is a distinct lack of government funding
in the education sector. In 1993, the Minister in Charge
of the State Education Commission, Zhu Kaixuan, stated
"funding shortages have been the prime factor impeding the
development and reform of ... educational services [in both
China and Tibet]."
The government continues to rely on "voluntary" labour and
financial input from the locals for the maintenance of
educational institutions, this policy has been in place
since the Fifth TAR Conference on Education. "[L]ocal
governments ... mobilize and organize peasants and herdsmen
to reconstruct unsafe village schools, build new schools,
and improve teaching conditions by contributing their
labour service or construction materials on a voluntary
basis." In a country where more than 85 per cent of the
population is living below the poverty line, this demand
on personal resources for the development of schooling in
the local area places great strain on the Tibetans. Where
these needs cannot be met, children are simply denied the
right to education.
Low enrolment levels can also be attributed to a lack of
schools in rural areas and inadequate facilities and poor
conditions where they do exist. Poor teaching standards,
the frequent and sometimes exclusive use of the Chinese
language, and a curriculum deemed irrelevant by the
indigenous population also deter Tibetans from sending
their children to school. Tibetan children are further
alienated from education opportunities by selective
enrolment procedures and prohibitive fees.
States
Parties to the Convention on the Rights of the Child are obliged to:
... make primary education compulsory and available free
to all.
-- Article 28 (a)
Article 10 of the PRC's Compulsory Education Acts states:
The State shall not charge tuition fees for students
attending compulsory education.
In an interview conducted with 50 children who came
to India in the last three years, only nine of the 38
students who had received primary education in Tibet were
not required to pay any fees at all. Various fees for
primary education were imposed, ranging from 20 yuan to
6000 yuan (US$ 3 to $ 750) per year. 16 students had to
pay more than 500 yuan in fees each year.
These testimonies provide evidence that China is evading
the restrictions in its own constitution by introducing
amendments which allow for the implementation of auxiliary
fees. Whilst initial education may be free in some cases,
students are obliged to pay exorbitant fees for stationery,
electricity, examinations, additional tuition and the
use of the furniture and the classroom itself. These
fees prevent a significant proportion of Tibetan children
from exercising their right to education. In addition to
these miscellaneous charges, students are also obliged
to offer appeasement "gifts" to their teachers and school
authorities in order to elude discrimination.
The education system remains inadequate throughout
Tibet. Pasang Dolma completed two years of middle school
in Tibet before leaving on financial grounds. The local
government provides no financial aid to needy families and
many cannot afford the fees. She testified that of the 37
children in her locality, only 7 remained in school.
Pasang reported that fees were imposed for general
education (contrary to Chinese policy). 800 yuan was
required annually with additional charges for exam
papers, cleaning products, uniforms and extra tuition.
A non-refundable deposit was also demanded to pay for
furniture. The fees totalled more than 1000 yuan (US$ 125)
per annum, a figure beyond the capacity of many Tibetan
families. Pasang said that her primary reason for coming
into exile was to receive an adequate education and to be
able to study in Tibetan.
The Chinese government has allegedly implemented a
grant programme to assist Tibetan students meet the
financial demands of their education. Unfortunately,
due to subsistence difficulties many families rely on
this subsidy for survival and consequently the child's
right to education is not guaranteed. However, of the
50 interviewed students, not one of them received grants
or any form of financial concession. China is obliged to
address this need urgently and find new means of ensuring
that all children can exercise their basic right to
education.
Education in Religious Institutions
Lack of educational facilities, prohibitively high school
fees, instruction in Chinese language and discriminatory
practices against Tibetan children in schools make
education virtually inaccessible in Tibet. The growing
number of child refugees who escape to India to seek
education confirms violations of the right to education and
Tibetan dissatisfaction with the present education system.
Monasteries and nunneries are the only learning
institutions that provide opportunities for children
to be educated in Tibetan culture and philosophy as
these subjects are omitted from the secular schooling
curriculum. The study of Buddhist philosophy, either for
personal learning or to impart knowledge to the entire
community, is also restricted to these centres. By
prohibiting and expelling juvenile monks and nuns from
religious institutions the Chinese authorities violate
Tibetan children's inherent rights to education and to
enjoyment of their religion, culture and language. These
rights are upheld in Article 30 of the CRC.
Interviews from refugee monks and nuns confirmed that
China has failed to uphold this obligation by introducing
regulations which prohibit juveniles from joining religious
institutions. In 1998 TCHRD recorded 2,206 expulsions of
child monks and nuns, bringing the cumulative total of
the "Strike Hard" campaign to 2,945.
Child Refugees
By December 22, 1998, of the 3,750 refugees who fled
to India, 1,190 were children, ten percent of whom were
unaccompanied by their parents. Every year, many Tibetan
families feel compelled to send their children into exile
rather than let them grow up under Chinese doctrine. The
fact that so many families choose this option, risking the
life of their children, is proof enough of a failure of
the Chinese government to protect the rights of Tibetan children.
Some children die on the perilous journey and if they do
survive, there is a high risk that the child will never
see his or her family again. Five children who attempted
to flee Tibet in October 1997 died before reaching exile;
Karlo (10), Dolma Chotso (11) Phurdon (12), Shelo Dolma
(13) and Sonam Tashi (16).
Many are sent unaccompanied by their parents who entrust
them to strangers and use their savings to buy their son
or daughter's passage to freedom. Some are still babies
and have to be carried across the Himalayas on someone's
back; a journey averaging at least four weeks. Parents
in Tibet who have sent their children into exile to be
educated are coming under increasing pressure from the
Chinese government to bring them back. Recent information
from Tibet shows that another three families were forced
to follow this instruction under threat of dismissal from
their jobs.
In 1995, 37 children'studying in schools run by the Tibetan
government-in-exile were taken back to Tibet against the
will of both the children and their parents. Although
this campaign is geared towards repressing "splittist"
activities, the rights of the children are compromised.
In 1998 three parents came to India to take back their
children.
Health Care
The
Convention on the Rights of the Child also guarantees:
... safeguards and care, including appropriate legal
protection, before as well as after birth.
The health of Tibetan children continues to lag behind that
of the Chinese. Chronic malnutrition is severely affecting
their wellbeing both before and after birth. Malnutrition
as a result of poverty and inadequate healthcare services
throughout the country threaten the right of children to
good health. The Tibetan infant mortality rate (in the
"TAR") of more than 9 per cent is triple the rate for the
entire PRC. In 1990, the Lhasa Health Bureau conducted
a health and nutritional survey and results indicated
a large discrepancy in the height and weight of Tibetan
children compared to Chinese children by the age of three
to six months, in both urban and rural regions. The results
indicated that, by World Health Organisation standards, the
"weight-for-age" ratio of Tibetan children was "borderline
unacceptable" overall and in certain counties "unacceptably
low."
The research also concluded that, "many children within
the TAR are extremely short for their age, so short that
60% fall drastically below accepted international growth
reference values. Data indicates that this shortness is
a result of nutritional stunting -- chronic malnutrition
during the first three years of life -- rather than a result
of genetics or altitude, as previously assumed."
Conclusion
The People's Republic of China must urgently address
the needs of Tibetan children. Many fundamental rights
are currently being violated despite international and
domestic laws, and this must be changed. The protection
of the rights of children is integral in the survival of
the Tibetan culture.
[Contents]
"The massive [state encouraged] population transfer
into Tibet, with its accompanying economic and physical
dislocation, discrimination, overburden on the fragile
environment, exploitation of resources, restrictive
child-bearing practices and threats to the physical health
of Tibetans is not just infringing on the Tibetans' human
rights, it is threatening the survival of the Tibetan
people and culture."
UN High Commissioner for Human Rights, Mary Robinson,
raised the issue of population transfer into Tibet
during her official visit to China in September 1998.
Li Dezhu, Minister in Charge of State Ethnic Minorities
Commission, denied that Tibet is in any way threatened
by the state-endorsed relocation of Chinese nationals in
Tibet. However, there is much evidence to support the fact
that population transfer amounts to a "violation of basic
principles of conventional and customary international
and human rights law."
China's Official Policy
The long held Chinese policy of population transfer
into Tibet was only announced as an official policy
of the Chinese government in 1994 at the Third Work
Forum but the practice of moving Chinese into Tibet has
been maintained since 1949. Since the late 1980s when
Deng Xiaoping's policy of "development and opening up"
became evident, waves of resettlement have taken place.
Economic development is the purported reason behind
this state-encouraged movement with various economic,
administrative and development measures employed to
facilitate and encourage further Chinese migration.
In 1987, Deng Xiaoping admitted to US President Jimmy
Carter that Chinese migration to Tibet was being
encouraged as the Autonomous "region's population of
about two million [was] ... inadequate to develop its
resources." The Third Work Forum in 1994 pursued this line
of economic development, but documents leaked from a high
level Communist party meeting on May 12, 1993 indicate
a subversive motive behind the policies. It was decided
that in order to make it demographically "impossible for
Tibetans to rise, as is the case in Mongolia and Xinjiang,"
significant numbers of Chinese settlers would be moved in
to dissipate and weaken Tibetan resistance. Since then,
innumerable development projects, economic incentives and
direct transferrals have been implemented to increase the
proportion of Chinese settlers in the Tibet Autonomous
Region.
Population Statistics in Tibet
Accurate figures regarding population in Tibet are not
readily available. The most recent official census was
conducted by the Chinese government in 1990 and this count
omitted a significant proportion of the population; the
"floating population" (all those skilled and unskilled
Chinese drifting in search of employment), all military
personnel and those brought in on official projects,
Chinese who entered Tibet prior to July 1, 1985 and
those who had been residents in a place for less than a
year. The official figures of 4.59 million Tibetan and 4.2
million non-Tibetan in Tibet are therefore inaccurate. The
Tibetan government-in-exile estimates the figures at 6
million Tibetan compared to 7.5 million non-Tibetans.
No independent census has been conducted.
Since the "opening up" of Tibet and the inception of
massive development programmes, the number of Chinese in
Tibet is expected to have risen significantly. The 62
Projects begun in the "TAR" in 1995 in addition to the 42
Projects of 1985, compounded by the relaxation of movement
throughout the PRC and the introduction of attractive
incentives, have undoubtedly boosted the proportion of
Chinese. There is an estimated "floating population" of
200,000 in Lhasa alone and between 200,000 and 500,000
Chinese soldiers in Tibet.
These statistics and indications suggest a high proportion
of Chinese in Tibet. In 1997 the UN Sub-Commission on the
Prevention of Discrimination and Protection of Minorities
claimed that "Tibetans are now a minority within their own
country." If China is permitted to continue the practice
of deliberate civilian relocation, the Tibetans will be
forced further into minority status and will face a greater
denial of their rights.
METHODS
"The Chinese development policy for Tibet is to improve the
infrastructure, invest in industry, encourage enterprise
and generally integrate the rural population in the Chinese
market economy." There are indications that Chinese
authorities are taking advantage of these development
projects to use them as a catalyst for further Chinese
relocation. Employment openings are generally filled
by Chinese in both skilled and unskilled positions,
and the projects create opportunities for further
population transfer. Agricultural development projects
initially attract Chinese workers but are expected to
also attract Chinese farmers in search of fertile land
in the future. Tibetans are frequently excluded from the
development programmes altogether.
The controversial Panam Integrated Rural Development
Project was again approved this year, attracting minimal
press coverage despite the controversy surrounding the
project since its first proposal in 1992. In August 1998,
the European Union granted China 7.6 million ECU in aid
for the programme and the remaining 14.2 million ECU is
to be borne by China. The Panam project is part of the
comprehensive "One River Two Streams" (ORTS) agricultural
programme which was developed with a long-term economic
focus of introducing a market economy into Tibet. The
principle aim of the Panam project is to increase grain
production in the 1001 km2 area by installing a complete
irrigation system, but the EU has since amended the
plan to provide for education, forestation, health and
sanitation initiatives. There are concerns that these
secondary aspects will be all but negated in practice.
The new project is being implemented in an area that
already possesses a basic infrastructure with a subsistence
economy and is self-sufficient in food, rather than in
one of many poorer areas in Central Tibet that could
benefit more from such a scheme. It promises to introduce
a full market economy into the area and this threatens the
livelihood of many of the locals as traditional economic
processes will be made void. It appears that the project
was conceived not for the benefit of Tibetans but to
reduce the grain deficit (and the resulting economic
strain) induced by the influx of Chinese into Panam and
surrounding areas.
There are many indications that the Panam project will have
serious implications regarding the relocation of Chinese
settlers into Tibet. To date, negligible consultation with
local Tibetans has taken place, suggesting that the scheme
will remain in the control of the Chinese. If the similar
UN World Food Program (WFP) # 3357 is any indication of
the outcome, the Tibetans will have minimal input into the
project. The UN WFP was eventually discredited "due to a
lack of technical co-operation and unethical behaviour from
the Chinese authorities." It is expected that the majority
of employment opportunities will be taken by Chinese and
the project will also act as a magnet for the "floating
population" thus further marginalising the Tibetans in the
region. The project aims to increase grain production by
78 per cent with the majority of this being accounted for
by wheat. 1991 statistics indicate a wheat consumption
rate of 10 percent in Panam County which suggests that
the programme is "not designed for the benefit of the
local people but to create stability for the new, Chinese,
population."
As land in the Panam area assumes a cash value with
increased grain production, there is a risk that the
Chinese will enable private rent or purchase of individual
farms. Tibetans in Panam are therefore at risk of total
displacement, being subject to the Chinese settling in
the area.
The stated long-term objective of the Panam project is
"to establish a viable model for self-help development
activities which can be replicated in other parts of
Tibet." If this mode of large-scale development continues,
the accompanying transfer of the Chinese population into
Tibetan regions seriously jeopardises the survival of the
Tibetan people.
The Three Gorges Dam Project, due for completion in 2009,
continues to threaten the Tibetan population. The dam,
expected to generate 84 billion kilowatt hours per year,
will result in the relocation of up to 1.6 million people.
These citizens are being urged to settle in the under
populated areas of Gansu, Tibet and Xinjiang.
Massive migration resulting from development in both
Tibet and China is compounded by China's policies of
direct transfer of officials, and the use of incentives
to encourage individual civilian resettlement. Chinese
in Tibet are exempted from the 'one child' policies of
mainland China and their children may be granted free
education . They can earn up to five times as much in
Tibet as they can in China and enjoy favourable investment
conditions and tax relief. Cadres are guaranteed higher
retirement pensions, income supplements and priority
job assignments for children. All Chinese in "TAR" are
entitled to faster promotion, more favourable wages and
welfare benefits than they would receive in other areas
of China. These financial bonuses are not extended to the
indigenous population.
Transfer of Chinese Officials into Tibet
Contrary to Chinese assertions that they respect "the
Tibetan people's autonomous right to independently
administer local and ethnic affairs," active transfer of
Chinese officials into key positions in Tibet continues
to compromise Tibetan rights.
The following cases were reported on "TAR" Radio broadcasts
and are indicative of the deliberate policy of transferral
of officials into Tibet.
-
June 4, 1998; it was reported that 88 Chinese officials
from Huinan Province arrived in Lhoka County to work in
Lhoka Region on official assignments.
-
June 17, 1998; 24 officials from Fujian Province were
sent to Nyintri Region to be employed in local government
offices.
-
June 25, 1998; 25 Chinese governmental officials were
assigned to administrative work in the Ngari Region,
Western Tibet.
-
July 3, 1998; another 25 governmental officials were
reportedly sent to work in government departments in the
Ngari Region.
-
July 5, 1998; according to a broadcast on July 10, 1998
66 Chinese officials from Beijing and Jensu arrived in
Lhasa where they were employed.
Implications
The active Chinese policy of population transfer into
Tibet under the guise of economic and social development
is threatening both the cultural and physical survival
of the Tibetan people. The Tibetans are now a minority
in their own country and are being marginalised in all
sectors of society. Chinese dominate the economic sphere,
owning the majority of private enterprise and holding all
key positions of power. Development projects in both urban
and rural areas have resulted in the physical displacement
of Tibetans as more Chinese move in to fill the labour
needs. Urban Tibetan housing has been demolished to make
way for Chinese construction and rural Tibetans have
lost their livelihood as collective Chinese properties
or developments have subsumed private and publicly owned
land. The economic marginalisation of the Tibetans has
greatly impacted on the Tibetans' rights to subsistence,
and consequently threatens to diminish their culture.
As the occupying Chinese assume control over the economy,
the Chinese language has become indispensable. The Tibetan
language has become a minority language and is even
secondary in the education system. Education, an integral
instrument in the preservation of a culture, is now geared
towards the Chinese settlers and actually discriminates
against the indigenous population. Discriminatory practices
resulting from massive population transfer challenge not
only the Tibetan cultural autonomy but also the physical
survival of the population.
Although the influx of Chinese has led to the development
of more hospitals and medical centres throughout the
region, discriminatory charges exclude the majority of
Tibetans from these facilities. The denial of access
to adequate health care, when compounded by extreme
birth control measures and massive population transfer
indicates a far more insidious intention behind the state
encouragement of Chinese resettlement into Tibet. China's
"current policy of population transfer in Tibet is a
means of conquering a territory ... by demographic rather than
military means."
[Contents]
In 1998 TCHRD continued to document accounts from Tibetans
revealing a very poor standard of living in Tibet. These
testimonies qualify Chinese assertions that here has been
significant progress in the socio-economic sector in Tibet,
indicating that the indigenous population is yet to benefit
from these advancements. This year the Chinese government
acknowledged "subsistence" as a fundamental human right
as it is "the prerequisite of all other rights." This
admission, along with the development programs in place,
indicate that the People's Republic of China is aware
of the need to improve the living standards of Tibetans,
however, there is much concern that the measures in place
are both inadequate and misdirected. Evidence suggests
that Tibetans are benefiting very little from the Chinese
economic development and urgently need a more direct
provision of basic needs. Tibetans are also in need of
the freedom to exercise this intrinsic right.
The Chinese government has provided the "TAR"
with an annual subsidy of more than 1.2 billion yuan
(US$150million) in recent years and claims to have adopted
"other favourable measures, ...such as lightening its
financial burdens, preferential investment, investment
in skill training and an aid-the poor programme." The
majority of these funds, however, go to the development of
the economy which China claims "has tangibly improved the
lives of all people in Tibet." China claims that by "1996
the average per capita income of peasants and herdsman
increased by 48.3 per cent since 1991." These improvements
are welcomed but are far from sufficient. According to
the International Commission of Jurists, more than 70
per cent of Tibetans are living in poverty. This level is
unacceptable and further measures must be implemented to
rectify the situation.
The average per capita income of rural residents in the
"TAR" in 1997 was only 1,040 yuan (US$ 130). This figure
is estimated to be approximately one fifth the average
income of urban dwellers which is growing at twice the
rate. This is evidence of an increasing economic gap
within the region, and with 86.23 per cent of Tibetans
residing in rural areas it is clear that their rights to
subsistence are not being fulfilled. The extremely low
income level is compounded by insufficient governmental
assistance and the harsh taxation policies which China
continues to implement.
International Law
On October 5, 1998 the PRC signed the International
Covenant on Civil and Political Rights (ICCPR) which
provides that everybody be entitled to:
... freely pursue their economic, social and cultural
development [and] ... may, for their free ends, freely
dispose of their natural wealth and resources without
prejudice to any obligations arising out of international
economic co-operation, based upon the principle of mutual
benefit and international law. In no case may a people be
deprived of it's own means of subsistence.
A year earlier the PRC signed the UN sister treaty: the
International Covenant on Economic Social and Cultural
Rights (ICESCR) which also contains provisions protecting
the right to subsistence. Article 11 stipulates that:
The State Parties to the present Covenant recognise the
right of everyone to an adequate standard of living for
himself and his family, including adequate food, clothing
and housing, and to the continuous improvement of living
conditions.
Chinese Law
Article 9 of the Chinese constitution provides that:
The state protects the right of the citizens to own
lawfully earned income, savings, houses and other means
of livelihood.
Despite these regulations, there is ample evidence to
prove that the Tibetans' rights to subsistence are not
being protected. Both domestic and international laws
continue to be violated by the Chinese government.
Development Projects
"China's strategy for alleviating poverty is economic
growth rather than programs specifically targeting
the poor." The focus is on large scale enterprise; on
installing an infrastructure and boosting production
levels rather than on direct assistance to impoverished
households and areas. Consequently, little of the Chinese
investment filters through to the more than 85 per cent
of Tibetans living in rural communities. Financial aid
and development programs in Tibet need to be reassessed
so that the Tibetans living standard may be lifted and
their right to subsistence protected.
Massive development projects have been introduced
nation wide, including the 62 projects announced at the
Third Work Forum in 1994. In rural areas, despite such
development programs, a mere 2.5 per cent of Tibetans are
working beyond the scope of the traditional agricultural
economy. Employment opportunities created by such
projects are consistently filled by Chinese settlers who
consequently benefit from the governmental subsidy. The
majority of Tibetans therefore remain as peasants and
farmers, with the additional pressure of providing for the
new settlers. A major implication of the new developments
in rural Tibet is the replacement of the traditional
subsistence economy with a market economy which will
nullify traditional means of income in Tibet.
Tibetans participating in the market economy are not
exempt from subsistence difficulties. Chinese dominate
the market, restricting the Tibetans' opportunities to
provide for their subsistence. Of the 1,061 businesses in
Lhasa's main market hall, only 305 belonged to Tibetans
and only 101 of 1,458 salesperson's in Lhasa's vegetable
markets were Tibetan.
Discriminatory practices continue to mar the employment
sector and there are many reported cases of racially
biased appointments and dismissals. The Chinese government
encourages skilled and unskilled Chinese to seek employment
in Tibet, thereby "actively taking job opportunities
away from Tibetans." Throughout 1998 Tibetan staff in
government, administrative, judicial and industrial sectors
have been particularly vulnerable to dismissal.
Continuing economic difficulties and minimal employment
prospects compel many Tibetans to beg for their
livelihood. Tenzin Kunga, a Tibetan who arrived in exile in
November 1998, reported a trend amongst many impoverished
rural families to move to Lhasa or other urban areas to
beg. He said that beggars could be seen on the streets of
Lhasa, particularly around hotels and especially during
religious festivals. Another exiled Tibetan estimated
that the beggar population in Lhasa alone now numbers
approximately 3,000.
TAXATION POLICIES
In January 1998 Xinhua reported that tax revenue in the
"TAR" in 1997 had increased by 25 per cent on the previous
year. 470million yuan (US$58.75million) was collected in
1997 and the rate is expected to reach 600million yuan
(US$75million) by the year 2000. If this aim is reached,
the taxation policy in the "TAR" will be in line with
the rest of China despite the rural Tibetan income (in
the "TAR") being only half that of rural workers in other
autonomous and Chinese areas. This failure to accommodate
to the needs of the population is a violation of the
government's responsibility to protect subsistence rights.
Rural Taxation and Enforced Sales
In the latest White Paper issued by the Chinese government
on February 24, 1998, China claims that "no levies have
been imposed on the peasants and herdsmen in Tibet since
1980 and there is no compulsory state purchase of grain
there. The income that Tibetan peasants and herdsmen earn
is entirely their own." This claim has been consistently
discredited by Tibetan testimonies. Not only are Tibetans
subject to extensive taxation, the enforced sale of grain
and other products to the State continues at sub-minimum
rates. The rural population is also forced to purchase
goods from the government such as barbed wire and
fertiliser, regardless of need or economic viability.
Tibetans have said that they can no longer survive
solely from animal or agricultural production as over
half their earnings are paid to the Chinese government in
various taxes. Rural Tibetans pay taxes on land, animal
products and farm yields among other things. There is no
consistency in the application of these harsh taxation
policies yet it seems that no area of Tibet is exempted and
few concessions are made on account of financial hardship.
The following accounts illustrate the taxation measures
implemented in rural areas throughout the country.
-
Nyegyang from Jobdra township in Nangchen County, Qinghai
province, arrived in exile on October 6, 1998. He reported
that he had to pay taxes on land, people and meat but the
policy was always changing. In 1996 he had to pay 150
yuan (US$ 18.75) in taxes, with additional payments of
butter and other food items. In 1997 the rate increased
to 300 yuan (US$ 37.50) which equalled half the family's
income. On account of these unreasonable fees, the family
was compelled to leave their home and they came into
exile. In June 1998 they received news that their property
had been confiscated by the Chinese authorities.
-
Lobsang, a 28 year-old from Amarkham village in Whokpa
County, arrived in exile in September 1998. When he was 19
years old he began to do small business by buying goods
such as clothing and sweets in Lhasa and travelling to
rural and urban areas to sell them. Lobsang had to pay
many forms of tax, totalling more than 480 yuan (US$ 60)
each month. Transportation tax ranged from 100 to 200
yuan (US$ 12.50 to $25) per trip, depending on the amount
of goods being moved. 250 to 500 yuan (US$ 31.25 to US$
62.50) was required for permission to sell the goods and a
tax of 80 yuan (US$ 10) was imposed for his space to sell
on the streets. He was forced to pay 60 yuan (US$ 7.50)
a month for sleeping in his tent in nomadic areas and for
the last two years an additional road tax was required
for travel between villages which cost Lobsang a further
six or seven yuan each trip.
Lobsang reported that another form of tax was introduced
three years ago. Those persons selling non-Chinese goods
were required to pay a tax of 1000 to 2000 yuan (US$
125 to US$ 250).
-
Sonam Wangdu, 33 years old, from Manya village in Tandho
county, reported that as a nomad he had to pay many taxes:
"I owned 30 to 40 yak and they were taxed as follows: 12
or 13 yuan (approximately US$ 1.50) annual grazing tax,
butter tax of eight gyama (four kg) per year, wool tax
of six gyama (three kg) per year and a meat and hide tax
of one yak which was for the staff working at the tax
office. I owned 30 sheep and for these I paid an annual
grazing tax of three to four yuan (approximately US$ 0.50)
per sheep and a meat tax of half a sheep per year. For
each of my 10 horses the grazing tax was three times as
much as one yak because they eat more. We also had to pay
a 'person tax' of 10 yuan each year for the upkeep of the
government tax officials."
Due to these high taxation rates, Sonam Wangdu could not
afford to sustain his family solely on this income. He
was compelled to seek additional work in a gold mine. He
has since come into exile.
-
Dadon of Tamdha village from Palbar County, Chamdo Region
arrived in exile in November 1998. He reported that in
October every year, he had to pay the government the
equivalent of almost 10% of his annual yield of nai
(a type of barley), 20% of his yield of beans and an
additional 100 kg of grass. If the tax demands were
not met, a penalty of 1000 yuan (US$125) was imposed.
Many people were compelled to seek a loan in order to
meet the requirements. Financial strain was increased by
governmental policy of compulsory sales of animal products
to the authorities for a minimum price. Cases were reported
of Chinese officials purchasing butter at as little as a
quarter of market price and meat at less than half retail
value. Such purchases greatly impacted on the livelihood
of the family as it disrupts the subsistence economy
on which they rely.
Urban Taxation
Urban Tibetans are also heavily taxed for land and traders
are compelled to pay exorbitant fees for market stalls.
Sources from Lhasa reported the imposition of taxes
on space in the Barkhor open market. Traders must pay
taxes directly to the taxation office and the Management
Committee, and additional fees for market space and
litter control, bringing the total to 120 yuan (US$ 15)
per month. One source stated that "in Lhasa people have
no real profession except keeping stalls which now means
paying unbelievable taxes. Living has become very difficult
for Tibetan people and they are suffering an unemployment
crisis."
A 22 year-old Tibetan woman who arrived in exile in May
1998 said she had been working in Lhasa for six years
selling prayer flags near the Tsuglhakhang Temple. With
an annual income of only 3000 to 4000 yuan a year (US$
375 to $ 500), she was required to pay a total of 984 yuan
(approximately US$ 125) in taxes.
Under Article 8, 1(a) of the International Covenant on
Civil and Political Rights:
No one shall be required to perform forced or compulsory
labour.
Now that China has signed the International Covenant on
Civil and Political Rights, it is expected to respect the
provisions therein. TCHRD anticipates evidence of the
abolition of forced labour in Tibet, a practice which,
to date, violates the people's right to subsistence.
Throughout 1998 reports were received of compulsory
labour programmes in various areas of Tibet. Tibetans
were required to engage in arduous tasks for long hours
with little or no payment. Such an obligation prevents a
person from participating in other forms of employment
and thus minimises their subsistence capabilities.
The following cases are indicative of the continuation of
this exploitation.
-
Pema Lhamo from Gonjo, Chamdo Region, “TAR,” reported
that the people in her village were required to work on
road construction for the Chinese government without any
payment.
-
Migmar Tsering, a 17 year-old farmer from Kyedrong County
in Shigatse Region, reported that all people from his
village between the age of 15 and 60 were required to
work for the Chinese government for 15 days. In Kyedrong
County, 110 eligible people were made to assist in road
construction.
-
A Tibetan woman from Karze County, "TAP," who arrived
in exile on 16 November 1998 reported that in Zora Nang,
Karze County, the Chinese have constructed a hydro-electric
plant using enforced unpaid labour of local Tibetans.
In Lhodrak Venpa, Lhoka Region, "TAR," Tibetans are
compelled to work for 20 days each year, unpaid, for the
Chinese government, according to a source who fled Tibet in
1998. They are used in either road construction or mining
and are fined if they fail to comply.
Health and Social Welfare
Article 12 of the ICESCR states that:
The States Parties to the present Covenant recognize
the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health.
It also obliges the State to ensure the maintenance of:
Creation of conditions which would assure to all
medical service and medical attention in the event of
sickness.
Although much progress has been made in primary healthcare,
an intrinsic element in the right to subsistence, it
remains out of reach for the majority of Tibetans. Contrary
to Chinese claims that health care "is free in farming
and pastoral areas," prohibitive fees continue to
compromise the Tibetans' health. This is augmented by
discriminatory treatment and a general lack of adequate
facilities. Healthcare facilities are concentrated in urban
areas and are yet to be fully extended to the more isolated
rural areas where the majority of Tibetans reside.
-
Admission to Lhasa People's Hospital costs a minimum
of 1,000 (US$ 125) yuan, according to a Tibetan man who
arrived in exile in 1998. The source, from Shol village in
Lhasa, reported that consultations would not be granted
until the payment was made. His cousin was hospitalised
for four months and the family was required to pay a total
of 10,800 yuan (US$ 1,350).
-
Dickey Dolker, a 26 year-old from Ngari region, reported
that there is no clinic or hospital in her locality
and those requiring medical treatment had to go to the
County centre. She also reported an unconditional hospital
admission charge of 1,000 yuan with an additional weekly
charge of 1,000 per week.
-
Dorjee from Zokhang County in Chamdo said that his area
is also without a hospital or medical centre. There is
one at the township, but the expense is very high. Again,
a 1,000 yuan hospital admission fee was reported with
additional fees for tablets (one yuan for three tablets)
and injections (70 yuan each). In the event of illness,
such exorbitant medical fees greatly impact on subsistence
capabilities.
Social welfare is significantly lacking in Tibet. Benefits
for the unemployed, the disabled and the elderly, for
example, are non existent and little compensation is
provided for those who lose their home or their jobs as a
result of Chinese resettlement. Such a lack in governmental
assistance further breaches the government's responsibility
to provide for the subsistence of the population.
Housing
In 1996, the Chinese government acknowledged the
fundamental need for shelter, stating that "adequate
housing [is] a basic human right." According to a White
Paper released by the Chinese government in February
1998, "[s]ince the 1980s more than 300 000 sq.m. of
old residential houses have been rebuilt in Lhasa, and
5,226 households have moved to new dwellings. All this
has improved the living environment and quality of life
of both urban and rural residents." Tibetan residents
do not appear to have benefited from this construction
however. Many have been forcefully removed from their
homes to make way for Chinese housing, with little or no
compensation from the government.
The Chinese government actively discourages Tibetans from
moving to cities whilst simultaneously encouraging further
Chinese settlement. Access to urban housing resources
is clearly discriminatory, some residential areas are
reserved for the exclusive use of those employed in
governmental work units. Prohibitive fees exclude the
majority of Tibetans from urban property rental and,
for most, private construction is not a viable option.
Rural Tibetans have also been displaced on account of
new Chinese developments. Properties have been taken by
the government for military use, development projects or
communal properties, and the cost of building a new home
is beyond the means of most Tibetans.
Tsentsok from Karze County in Amdo reported that to build
a house 30,000 yuan (US$ 3,750) was needed to purchase the
land from the government. This sum was beyond the means
of the family so they came into exile.
Prostitution
There is evidence of a dramatic increase in the number
of brothels and the incidence of prostitution in Tibet,
and particularly in urban centres such as Lhasa. Economic
difficulty is purported to be the primary reason behind
the boom in this industry. A 47 year-old man from Shol
village near Lhasa testified in September 1998 that many
young Tibetan women were resorting to prostitution as
their sole means of subsistence. He said that the women
are generally aged in their early twenties. Another source
reported that Tibetan prostitutes provide sex in exchange
of food, or as little as 10 yuan (US$1.25).
Conclusion
For many Tibetans, fundamental requirements of subsistence
are not guaranteed due to continuing poverty, lack of
facilities and racially discriminative policies.
"Clinics, schools, electricity and other social services
are all available in Chinese population centers
... Tibetans who happen to live near Chinese settlements are
casual beneficiaries of government programs which would not exist
in their present state but for the Chinese population."
Economic development is yet to provide the majority of the
indigenous people with these facilities and the People's
Republic of China is urged to redirect and intensify its
assistance measures.
[Contents]
"The 'disappeared' are people who have been taken into
custody by agents of the state, yet whose whereabouts and
fate are concealed, and whose custody is denied." In Tibet,
on many occasions, Tibetans are arrested without warrant
and taken into police custody without any disclosure of
details concerning their whereabouts.
Enforced disappearance is of great concern to the people
of Tibet. In 1998 TCHRD recorded 12 new cases of enforced
disappearances. Of the 22 cases of disappearance recorded
in 1997, the whereabouts and conditions of 18 remain
unknown. The PRC's total disregard of international
standards of the right to life, liberty and security
of person can be best illustrated by the case of nine
year-old Gedhun Choekyi Nyima, the 11th Panchen Lama. The
Chinese authorities abducted the young boy at the age of
six in May 1995. Despite strong international concerns
and appeals, China continues to conceal the location and
condition of this child.
International Law
The act of enforced disappearance is ... a grave and flagrant
violation of the human rights and fundamental freedoms
proclaimed in the universal declaration of Human Rights.
Every State must ensure the protection of citizens
from enforced disappearances yet China continues to
infringe on the fundamental human rights of the Tibetan
people by abducting those who dare to criticise the
ruling government. This creates an atmosphere of fear
and insecurity amongst the Tibetans as the fate and
whereabouts of those detained are sometimes not released
and the Chinese government often denies their custody.
Disappearance violates a whole range of human rights,
in particular, the Universal Declaration of Human Rights
which recognises the right to life, liberty and security
of a person, and the right not to be subjected to torture
and arbitrary arrest. Acts of enforced disappearance deny
victims subsequent human rights including the right to
humane conditions of detention. "[T]he right to a family
life as well as those rights of an economic, cultural and
social nature, such as the right to an adequate standard
of living and the right to the education of the family"
are also negated. China is urged to disclose the details
of those who are currently classified as "disappeared" so
that measures may be taken to prevent further denial of
their basic rights.
New Cases of Disappearances
-
Alak Jamyang Gyatso, is a high monk teacher in Labrang
Monastery, Sangchu County, Gansu Province. He was called
to Beijing last year by Chinese authorities to teach the
Chinese appointed Panchen Lama but he refused to go. In
March 1998 he was forcibly taken to China and since then no
information regarding his whereabouts has been released.
-
Ama Lhundrup Wangmo, aged between 60 and 70 years,
originally from Phenpo County was a resident of Tsomonling,
in Lhasa City. On August 20, 1998 she disappeared after
PSB raided her home. Family members appealed to the PSB
office to reveal her whereabouts and requested visitation
rights. Their appeal was rejected. It is not known to date
where she is detained. Lhundrup Wangmo had previously
been arrested twice on suspicion of involvement in Tibetan
independence activities and visiting prisoners. On each
occasion, the PSB failed to gather adequate evidence and
she was released. She has visited India on two occasions,
most recently in 1995.
-
Ama Sonam 65 years old and Tashi, 67 years old, both from
Lhasa, were arrested by the PSB in September 1998. The
current whereabouts of these two people are not known. It
is believed that they had both visited prisoners to give
them food before they were arrested.
-
Dakpa Kalko, 48 year-old nomad from Ngaba County, Sichuan
Province was arrested on 23 May, 1998 for distributing
photographs and copies of speeches of the Dalai Lama and
a booklet entitled Guidelines for Future Tibet Policy.
He was detained in Barkham County Prison in Ngaba for an
unspecified time and severely tortured. According to our
source, he was transferred to an unknown prison and his
current status is not known.
-
Wado Samten, a 70 year-old lay man from Sog County in
Nagchu Prefecture, was arrested by the PAP in May 1998
after he protested against the "work team" during a public
meeting in Sog county. His current location is not known.
-
Gedun Kelsang is a monk from Golok Ragya Monastery in
Golok Machen County in Qinghai Province. In 1997 he visited
India and returned the same year. He was arrested in May
or June 1997 in Xining city for an unspecified time and
later handed over to authorities of the Golok "TAP."
His current whereabouts are not known.
-
Kelsang Thutop, is a 32 year-old monk from Taktsang Lhamo
Monastery, Lu-Chu County, in Gansu Province. Kelsang
was arrested in December 1996 on charges of raising the
Tibetan flag and distributing independence leaflets in
the monastery. According to Thinley Gyatso who witnessed
Kelsang Thutop’s arrival at Ganlho Prison, Kelsang was
held for three days before being transferred. It is not
known where he was taken.
-
Tsering Dorjee, a 33 year-old monk from Thekchen Jangchup
Choeling Monastery, Nyagchu County, Kham, disappeared
when the PSB arrest him for the second time in December
1997. He was first arrested in September 1996 by the PSB
on suspicion of having distributed independence pamphlets
during the inauguration ceremony of Lithang Monastery.
-
Tsultrim, a 23 year-old from Ragya Monastery in Machen
County, Golok "TAP", was arrested by the PSB in November
1997. He had left on a pilgrimage to India in 1996 to
seek a blessing from the Dalai Lama and was arrested on
his return. Tsultrim was imprisoned in Dram for two months
but his present whereabouts are not known.
-
Bhu-Khog (24) and Jigme Gyalpo (26), both farmers from
Meldro Gongkar, were arrested in April 1995 for pasting
posters in front of the township government office.
They were sentenced to 6 years in Drapchi prison. In May
1998 following the protests inside Drapchi prison, both
were reported as "disappeared" by their relatives. It
is believed that they took part in the protest and were
consequently tortured and transferred to an unknown place.
[Contents]
In 1981 the People's Republic of China formally accepted
the provisions of the UN International Convention on
the Elimination of all forms of Racial Discrimination
(CERD). Under this convention, and under China's domestic
laws, Tibetans are entitled to all rights and freedoms in
political, economic, social and cultural spheres of public
life, without distinction based on nationality or descent.
Despite these legal guarantees the Tibetans, who are
defined as a racial minority by the People's Republic of
China, face discrimination on racial grounds in all sectors
of life. The continuing influx of Chinese settlers and
the accompanying discriminatory practices endorsed by the
government are pushing the indigenous population further
into minority status and compromising their rights.
Tibetans are discriminated against in the political sector,
as the appointment of governmental officials is a severely
selective process. Consequently, they are denied their
lawful right to autonomy and are subject to Chinese
rule and influence. This in turn reduces the Tibetans
ability to effectively challenge Chinese policies in
Tibet and makes them vulnerable to further discriminatory
practices. Tibetans rights in employment, education and
health are all affected by discriminatory policies, and
continual subjugation to Chinese influence threatens the
survival of the Tibetan culture.
International Law
The United Nations International Convention on the
Elimination of All Forms of Racial Discrimination defines
racial discrimination as:
... any distinction, exclusion, restriction or preference
based on race, colour, descent, or national or ethnic
origin which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise, on an
equal footing, of human rights and fundamental freedoms
in the political, economic, social, cultural or any other
field of public life. (Article 1,1)
China's Domestic Law
A White Paper released by the PRC in February 1998,
states that under the Chinese Constitution and the
Law on Ethnic Regional Autonomy, the Tibet Autonomous
Region "enjoys the extensive rights of autonomy, involving
legislation, the use of local spoken and written languages,
the administration of personnel, the economy, finance,
education and culture, the management and development of
natural resources, and other aspects."
The White Paper also asserts that there are more than 60
local laws and regulations in the "TAR" which protect the
ethnicity of the Tibetan people.
There are many indications that these measures are failing
to protect the Tibetan people from discrimination.
Public Representation
Despite PRC claims that there are, "extensive rights of
autonomy involving ... the administration of personnel" within
the "TAR," the highest position in the TAR Party Committee
is held by a Chinese person. Chen Kuiyuan has been TAR
Party Secretary since 1992. The second highest position
in the "TAR," the Chairman of the Standing Committee of
the TAR People's Congress, is held by a Tibetan Communist
Party cadre.
Although 48 per cent of the cadres who run the regional or
higher level departments in the "TAR" are Tibetan, this is
not indicative of a representative governmental body. Great
care is taken to ensure that all Tibetans employed are
"politically clean." Cadres are forbidden to support the
Dalai Lama or any pro-independence activity. They are
also forbidden to "distort history and deny that Tibet is
an inalienable part of the motherland." This selective
approach denies the Tibetans their right to autonomy as
the "TAR" government, with a significantly Tibetan front,
is merely a puppet for the Chinese government.
A report in 1997 by the International Commission of Jurists
stated that Chinese authorities conceded that Chinese
was the only language spoken in official positions in
the "TAR." This contradicts a 1988 declaration that the
Tibetan language was to be the official language of the
"TAR," to be used in employment, education and official
communications. Tibetan is not used in government offices
and this tactic disables the majority of Tibetans from
accessing and becoming involved in political affairs.
It is a breach of both international and domestic laws and
contradicts China's claim that "[p]ersonages of all strata
and all circles in Tibet participate in the administration
and discussion of state affairs."
Tibetans living in autonomous regions subsumed by Chinese
provinces also suffer discrimination in the political
sector. Acknowledging their minority status, severe
under-representation is evident in the governments of
these areas. Of 270 leaders at province level in Qinghai,
Gansu, Sichuan and Yunnan, only 26 are Tibetan. In Qinghai,
32 of the 41 counties are designated Tibetan autonomous
areas yet only 11 Tibetans hold provincial leadership
positions. This shortcoming must be addressed as it opens
the Tibetans, a minority population, to further discrimination.
TCHRD is concerned by reports received throughout
1998 of a reduction of the proportion of Tibetans in
government. At the beginning of 1998, a programme was
implemented to "downsize" government departments in Lhasa
City, particularly affecting Tibetan employees. Tibetan
staff members in government businesses, industrial,
administrative and judicial sectors have been dismissed
after quotas were imposed to reduce numbers.
In November 1998 one of the most senior Tibetan
representatives, Akya Rinpoche, fled Tibet for the United
States. He was one of only 25 Tibetans to hold official
positions at a national level and he held such positions
of three main bodies. As Vice-President of the Buddhist
Association of China, it is believed that he came under
pressure to comply with Chinese authorities about moving
the Chinese-appointed Panchen Lama to Kumbum Monastery,
the official seat of the Panchen Lama. If he had agreed
to the move, it would, in effect, conflict with the Dalai
Lama's appointment of the 11th Panchen Lama. Akya Rinpoche
also held the positions of Vice-President of the All China
Youth Federation and Vice-Chairman of the Chinese People's
Political Consultative Conference 7th Qinghai Provincial
Committee.
Employment
Under Article 5(e)(i) of CERD, States Parties undertake
to guarantee the right of everyone, without racial
discrimination, to equal enjoyment of:
The right to work, to free choice of employment, to just
and favourable conditions of work, to protection against
unemployment, to equal pay for equal work, to just and
favourable remuneration.
Population transfer of the Chinese into Tibet remains one
of the greatest threats. The emphasis by the government on
economic development has caused a huge influx of Chinese
workers and entrepreneurs. The resulting population
imbalance, in favour of Chinese in most urban areas,
has resulted in disparate treatment of employees, to the
detriment of the Tibetans.
Discrimination in employment extends through all
sectors. In September 1998, three Tibetan staff members
of the government-run Lhasa Middle School in the "TAR"
were threatened with dismissal if they failed to return
their children from exile. The employees had sent their
children into exile so that they might attain a Tibetan
education. In order to retain their positions, the parents
had to walk across the Himalayas to Nepal to collect
their children. Their jobs were suspended until they
complied. This discriminatory measure is an effort by the
government to maintain strict control over all activities
and is a distinct violation of the right of the parents
to determine their children's education. Since 1995, 37
children have returned to Tibet from exile on account of
discriminatory Chinese governmental policy.
Khando Dekyi and Kelsang Dolma from Karze "TAP" were among
the 51 Tibetan employees in a government-owned petrol
station in Dhrango. The Chinese Office of the County
Commerce Department ran the station, and both men had
been employed for eight years. In January 1998 the County
government ordered staff cuts in various governmental
sectors and as a result 60 positions were terminated.
In all, 50 Tibetans were dismissed and of the seven
remaining positions, six were given to Chinese workers.
A report received in August 1998 stated that Pashoe
Monastery monks whose parents worked in official government
positions within the Chinese government, had been expelled
from the monastery. The expulsions took place in February
1998. It is believed that around 20 monks and 20 novices
were expelled.
Discrimination is also evident in the manual labour
industry. Children as young as 14 work on roads for around
five yuan per day (US$ 0.60) while Chinese workers received
around 100 yuan per day (US$ 12.50) with lodgings and food
provided for equivalent work.
Education
Article 5(e)(v) of CERD guarantees under economic, social
and cultural rights:
... the right to education and training
Despite Chinese claims that new mechanisms have been
adopted in education to give "priority to people of
ethnic groups," Tibetan students suffer considerable
discrimination in this sector. Prohibitive and
discriminatory fees, inadequate facilities in rural areas,
language alienation and the resulting social discrimination
complicate the Tibetans' right to education.
The Chinese government is responsible for the maintenance
of an education system free from bias, and current measures
are failing to achieve this. Contrary to domestic policy to
provide free primary education, many Tibetan students are
denied access to basic education on account of financial
strain. Rural families are expected to make significant
financial contributions to educational institutions
and considering that more than 85 per cent of Tibetan
families live in rural areas and the majority of Chinese
settle in cities, this discriminates against the Tibetan
population. The majority of new schools in Tibet are built
in urban centres, catering to the Chinese settlers, which
further discriminates against the indigenous people.
The use of the Chinese language in education continues
to marginalise Tibetan students. The Chinese government
appears to be attempting to diminish the Tibetan culture
by making the language redundant in all sectors. The
Tibetan Language Department of the University of Tibet in
Lhasa took no new enrolments for the 1997-1998 academic
year. Most secondary schools teach only in the Chinese
language and in April 1997 it was officially announced
that Chinese was to be introduced in all grades of
primary education. Tibetan children are thus severely
disadvantaged from the outset and their opportunities for
further education are greatly impeded.
A former student from a school for "ethnic groups" in
Dechen, Kham, reported that although a quarter of the
students were Tibetan, all classes were in Chinese, no
Tibetan language was taught and students were discouraged
from using the Tibetan language even outside the school.
Despite flexible enrolment procedures and prioritising
measures, the education of Tibetan children cannot be
equated to that of the Chinese and further concessions
must be made.
Health
The right to public, medical care, social security
and social services is guaranteed to everyone without
racial discrimination under Article 5(e)(iv) of CERD.
Although the PRC Constitution has no reference to health
rights, high levels of government have recognised the need
to "further raise the people's health level." One of the
primary factors in the discriminatory healthcare service
is the distribution of medical centres. The majority of
health care services are located in urban areas which once
again facilitates the Chinese settlers as opposed to the
Tibetans.
Inconsistent treatment procedures within the health
services are also greatly affecting the wellbeing of the
Tibetan population. Testimonies of exiled Tibetans indicate
a significant racial distinction in the treatment levels
received and medical expenses incurred.
-
Tsundue from Toelung Dechun County, a rural area in
Western Tibet, said that money determines the fate of
many underprivileged farmers and nomads. He told of two
cases of death resulting from lack of treatment. One
woman, a farmer, tried to receive treatment in 1996 for
a cough infection. She was asked to pay around 100 yuan
(US $12.50) to be admitted but had no money. A month later,
she died. He also told of another farmer who had contracted
a terminal disease, but didn’t seek medical consultation
because he could not afford it. He died in August 1996.
-
Tibetan women also endure discriminatory healthcare
practices under the birth control policy. Despite alleged
birth control concessions to minority groups, Tibetan women
continue to be subjected to sterilisation and abortion
procedures against their will. As most Tibetan women
live in rural areas where medical facilities are scarce,
these procedures are conducted in ill-equipped centres and
the risk of complications is particularly high. Women are
deterred from seeking medical attention in any matter for
fear of sterilisation.
Tibetan political prisoners and people involved in
pro-independence demonstrations are openly denied any
treatment for injuries which often result from beatings and
torture. Of the 60 reported deaths from torture received
by TCHRD since 1986, 18 of them died after being denied
medical treatment. Others have suffered permanent maiming
from untreated injuries.
-
Lobsang Dolma, a former political prisoner and nun, was
denied medical treatment in 1995 while in Drapchi. After
falling seriously ill, and at first denied treatment by the
prison doctor, she was taken to hospital. The hospital
doctor recommended she undergo an operation but the head
of her prison unit refused, stating she could wait until
the end of her sentence in two years time. Her parents
eventually financed the operation but it was conducted
on the premise that Lobsang had to immediately return to
prison. Immediately after the operation, Lobsang worked
in the prison (cleaning toilets and separating wool)
and was forced to exercise with the other prisoners,
exacerbating her condition.
-
Kunchok Tsomo spent three years in prison with an untreated
broken arm She incurred the injury at the time of her
arrest in May 1993 when she was hit with a rifle butt
during a demonstration. Her condition was aggravated by
continual use as she was not relieved from her prison
duties. After her release, a doctor diagnosed that
flesh had grown around and inside the broken bone. In
1998 her condition remains poor and she is still receiving
medical treatment.
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