Annual Report - TCHRD - 2006

HUMAN RIGHTS SITUATION IN TIBET

Tibetan Centre for Human Rights and Democracy

Annual Report20062006200620062006

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Cover photo: Nangpa La Shooting Incident (Photo source: ICT)

On 30 September 2006, border patrol officers of the Chinese People's Armed Police (PAP) shot at a group of seventy five Tibetan

refugees, killing Kelsang Nortso, a seventeen-year-old nun and injuring twenty-year-old Kunsang Namgyal. The incident occurred

as the group led by two guides, approached the glaciated Nangpa La, a 18,753-foot pass near the Mount Cho-Oyu base camp. In

addition to the injury and death, the PAP arrested about thirty of the refugees, including fourteen children as they attempted to flee.

Some members of the group remain missing while forty one reached Kathmandu, Nepal safely. The Chinese government claimed

that any violence on the part of the PAP was in "self-defense". However, eyewitness accounts of nearby Everest mountaineers testify

that, "the refugees were running uphill, away from the shooting. They were shooting, again and again at the group of Tibetans

without any warning, who were completely defenseless." The defense statement used by the Chinese Foreign Ministry was later

proved a lie when video evidences surfaced clearly showing that the refugees were being shot at "like dogs" and later being hunted

down by the officers. Each year hundreds of Tibetans attempt to escape Chinese rule by crossing the Himalayan border in order to

reach Nepal by risking their lives.

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TABLE OF CONTENTS

Executive Summary 5

Civil and Political Liberties 13! introduction! change in “TAR” leadership! right to freedom of expression muffled! arrest for pasting pro-independent posters! arbitrary arrests and detentions! anti-fur campaign! employment demonstrations! forced statements against the dalai lama! enforced or involuntary disappearances! prisoner releases and sentence reductions! torture in prison and during detention! chushul prison: a new prison for political prisoners! plight of tibetan refugees - killing and arrest at nangpa la pass! right to information: censored! conclusion

Religion 39! freedom of religion as a basic human right! banning of religious days! the anti- Dalai Lama campaign! the reinvigoration of patriotic (re-)education! the Regulations on Religious Affairs! the Panchen Lama! arrest and detention of religious personnel! the violation of human rights through the control of religion! conclusion

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Education in Tibet 51! introduction! international and domestic legal obligations! flawed education policy

- state funding- nine-year compulsory education- fees and “guangxi”

! rural urban disparity- rural areas- urban areas

! content of education- history, culture and religion- language

! re-education in schools! access to employment! conclusion

Development 69

! Introduction

! Development: The Year in Perspective

! Railway: A Tool of Cultural Genocide

! conclusion

Appendices

1 List of known political prisoners in Tibet 83

2. Known arrests in 2006 89

3. Known deaths as a result of torture from 1987 - 2006 90

4. Prisons and Detention Centres in Tibet 96

5. Table of relevant human rights instruments signed and/or ratified by PRC 99

6. Glossary of Terms and Abbrevation 100

7. List of Publication 103

Map of Tibet

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EXECUTIVE SUMMARY

The year 2006 saw a host of sad events unfold. TheChinese authorities in Tibet did not show any signof let-up. Throughout the year, various human rightsabuses in Tibet were documented affecting both thecivil and political rights, and economic, social andcultural rights of the Tibetan people. Arbitrary arrest,detention and imprisonment continue to beappalling as ever in Tibet. During the year, twoevents of concern — start of Gormo-Lhasa railway1

and the Nangpa Pass tragedy2 — grippedinternational attention intensifying concerns overcultural genocide in Tibet and the plight of Tibetansescaping human rights abuses in Chinese occupiedTibet.

The Gormo-Lhasa railway officially started in July2006. Since the unveiling of plan, the world’s highestrailway line was hit with controversy consistently.Among the myriad concerns, political motives andethnic cleansing stands out prominently. Althoughgovernment of the People’s Republic of China (PRC)insist on development and tourism as motives formaking the railway line, deployment of army in largenumbers, immigration of Chinese settlers in Tibet,political strategic advantage, environment andhegemony are issues of grave concern. The railwayfacilitating a huge population influx3, includingChinese settlers into Tibet, is bound to inevitablychange Tibet physically and culturally causing furtheralienation of Tibetan identity. The region will see agrowth in mineral exploration, employment and

enterprise bringing sudden huge demographictransformation in the region. The reigning factorslike scientific know how, technology, knowledge,skills and expertise, government incentive, willstimulate the influx of population into Tibet as allthese favour the Chinese than the Tibetans. Tibetansare bound to be excluded further in an alreadymarginalized Tibet. Despite the governmentpropaganda of development and tourism, nowherehas the concerns and voices of farmers and nomadsbeen addressed. The tertiary sector dominates 80percent of Tibet and yet their concerns remainaccounted for. It is a clear motive by Beijing to investin the commercially non-viable railway line; politicalmotive reigns supreme as former President of PRC,Jiang Zemin, said as early in 2001, “Some peopleadvised me not to go ahead with this project becauseit is not commercially viable. I said this is a politicaldecision, we will make this project succeed at allcosts, even if there is a commercial loss”.4 In light ofsuch a motive, China plans to enhance its economicand political grip over the restive region; a politicaltool designed to wipe out the Tibetan identity.

On the contrary, investments in human capitaldevelopment such as health and education have beensignificantly smaller than investments in hardinfrastructure development projects. Therefore, inregards to the most basic and fundamental aspectsof human development, Beijing has mismanagedits priorities inside Tibet. Hence, Beijing’s actions

Human Rights Situation in Tibet: Annual Report 2006

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established the fact that it is more concerned withlaying an iron track, a tool of control andadministration, than in constructing clinics andschools in rural areas, which actually empower andbring positive development to the Tibetan people.Beijing’s actions further demonstrate that, informulating its developmental designs andmodernisation in Tibet, it has served its own interestsand long-term designs at the expense of the Tibetanpeople.

The plight of the Tibetan people came to theattention of the international community on 30September 2006 when the world saw Chinese borderpolice shooting indiscriminately upon fleeingTibetans, resulting in death of at least two Tibetansat the Nangpa Pass in the Himalaya.5 Despite theshock and condemnation expressed by individuals,non-governmental-organizations, governments anddiplomats, status of the 32 arrested people remainsunknown to date.6 It was even more disappointingthat the Office of the UN High Commissioner forHuman Rights (OHCHR) chose to remain silentover the tragedy7 signaling an apparent silence bythe OHCHR not to antagonize China, a permanentmember in the UN Security Council. While noofficial statement came out from the OHCHR atthe time of writing this report, authorities in Tibethave vowed to “strike hard” on Tibetan escapees.On 28 December 2006, in a video conference, allthe Public Security Bureaus (PSB) in “TAR” resolvedto “strike hard” on Tibetan escapees. The conferencepresided by the PSB head issued directives to curb“illegal crossings” and “to strike hard during the firsthalf of 2007 [6 months] against illegal crossings”,calling the campaign a part of measures to strikehard on “separatist” to ensure stability in the region.All the administrative offices in the “TAR” weredirected to implement the campaign and alsoannounce to and educate the public.8

Despite gruesome accounts of human rights abusesbeing documented on the Tibetan plateau over theyears, China was able to win a seat in the newlyformed United Nations Human Rights Council9.It is deplorable that a state tainted with countlessabuses of human rights wins a place in the newlyformed council irrespective of calls from varioushuman rights organizations and NGOs to rejectChina’s candidacy. PRC is yet to ratify theinternational covenant on civil and political rightsalthough it is a signatory party to the covenant since1998. The newly created Council, which itsPresident called a new beginning for the promotionand protection of human rights, elected the first 47members on 9 May 2006, by General Assembly.China getting elected as one of the 47 members ofthe council by obtaining 146 of a possible 191 votesmakes the motives and purposes of UNHRCquestionable. Key abuser of human rights such asChina is unfit to sit on the council. The then UNSecretary General, Mr. Kofi Annan, in his messagestated candidly “the true test of the Council’scredibility will be use that member states make ofit…”10The human rights situation in Tibet was raisedduring the first three meetings of the Council.

In Tibet, the Chinese authorities continue to abusehuman rights of the Tibetan people. In May 2006,high-level Chinese Communist Party (CCP)members of the so-called “Tibet AutonomousRegion” (“TAR”) in a meeting from 15-16 May 2006resolved to “strike hard” against the Tibetan freedomactivists and called for intensification of “patrioticeducation” campaign in the monastic institutionsin Tibet.11 In an interview with Der Spiegel on 16August 2006, Zhang boasted that the authoritiesin Tibet are “organizing patriotic educationeverywhere, not just in the monasteries”. On anotherinstance at the end of October 2006, the “TAR”CCP plenary meeting resolved to stamp out“separatism” completely and achieve the “finalvictory”12. Tibetan nationalists who became the focal

Executive Summary

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point of the campaigns are subjected to arbitraryarrest, detention and imprisonment, enforceddisappearance and a host of other violations of rightsenshrined in the international bill of human rights.The monastic community is a regular target forimplementation of the Chinese campaigns toenforce loyalty to the state. The political campaignsin the monastic institutions greatly hinder thespiritual studies of monks and nuns. Much againsttheir wishes, they are forced to denounce the DalaiLama thus creating a religious blasphemy. A new“TAR”-specific religious affairs regulations inaddition to the regulations earlier promulgated bythe State Council in March 2005 is now put intoeffect since 1 January 2007. The regulations aredesigned to harness loyalty to the state by themonastic community and to stamp out the DalaiLama from the hearts and minds of Tibetan people.In light of the new “TAR”-specific religious affairsregulations, religious repression in Tibet seems setto escalate further in 2007.

In early February and July 2006, it became evidentthat the Dalai Lama rules the hearts and minds ofTibetan people inside Tibet. In an instant reactionto a call by the Dalai Lama based in India banninguse of wildlife skin, Tibetans burnt large quantitiesof garments made of animal pelt.13 Public bonfiresof burning animal skin were reported from severalparts of Tibet; Rebkong, Labrang, Kardze, Chantsa,Ngaba “TAP”, Kirti Monastery, and Lhasa.14

Chinese authorities in Tibet fearing public uprisingagainst the state quickly put a counter ban byrestricting Tibetans from assembling to make wildlife pelt bonfires. In a startling gesture by theauthorities in Tibet, television broadcasters of theQinghai TV were officially directed to wear garmentsdecorated with animal pelts.15 In another instanceTibetans gathered in large numbers at KumbumMonastery when rumours swept through that theDalai Lama was going to be there.16 Several hundredsof Tibetans continued to wait in order to catch a

glimpse of him showing defiance despite thousandsleft the spot after official orders to disperse. Althougha rumour, the incident clearly showed the continuedreverence to the Dalai Lama by the Tibetans in Tibet.

While Chinese authorities in Tibet carry vilificationcampaigns against the Dalai Lama, the internationalrecognition of the Dalai Lama as a global leader andstatesman grew. The United States, Canada and theRepublic of Kalmykia offered their recognition tothe meritorious works of the Dalai Lama. In June2006, Canada’s new government led by PrimeMinister Stephen Harper granted honorarycitizenship to the Dalai Lama.17 The United Statesin September this year awarded the CongressionalGold Medal for his contribution to “interfaithreligious harmony and non-violent conflictresolution”18. On 10 December 2006, the Presidentof the Republic of Kalmykia awarded the DalaiLama with the White Lotus order, the republic’shighest honor, “for his outstanding merits andconsiderable contribution to the spiritual revival andprosperity of the republic.”19

Two important changes occurred in the leadershipof the so-called “TAR” this year. First, was theappointment of hardliner Zhang Qingli as the new“TAR” Party Secretary on 26 May; he had alreadybeen acting Secretary since November 2005 andtook full responsibility of the office in June.20 Thesecond was a major shift in the composition ofLhasa’s Communist Party Committee, which nowseats only 8 Tibetans, or 26 percent of theCommittee’s thirty seats.21 A close ally of PresidentHu Jintao, Zhang was appointed to Tibet just asthe Gormo-Lhasa railway was nearing completionsuggested that Beijing wanted to tighten control overTibet in 2006, which Zhang was quick to do. InJune 2006, he expanded the patriotic re-educationcampaign and shortened government contracts withTibetan NGOs from five to two years.22 Tibetanrepresentation in the Lhasa Communist Party


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Committee has declined over the years and is nowat a historical low. For the first time in 25 years,Qin Yizhi, a non-Tibetan leads the Lhasa CPC.23

The low Tibetan representation (26 percent only) isa mockery of the PRC’s Regional Ethnic AutonomyLaw, whose preamble states, “Regional ethnicautonomy reflects the state’s full respect for andguarantee of ethnic minorities’ right to administertheir internal affairs.24 The Special Rapporteur onracism, racial discrimination, xenophobia and relatedintolerance of the then UN Commission on HumanRights in a report in December 2002 said “Althoughlaws guarantee Tibet self-government, Tibetans’governing power is very restricted and is subject tostrict supervision and authorization by the centralauthority”. Instead of the public representationimproving, the year saw the lowest Tibetanrepresentation.

In 2006, TCHRD documented 26 knownTibetans25 arrested for alleged political activities.26

There are currently 116 known Tibetan politicalprisoners in Tibet.27 This year some prominent casesof imprisonment of Tibetans; Dolma Kyab28,Sonam Gyalpo29 and Namkha Gyaltsen’s30 standout from the rest owing to the utter harshness inserving long-term sentences between 8 to 12 yearsprison term. Dolma Kyab, a 29-year-old teacher andwriter was sentenced to 10 years imprisonment forwriting a manuscript “Restless Himalaya” whichnever got published. His writings about democracy,self-determination and other Tibetan issues landedhim in jail on charges of “Endangering StateSecurity”, a crime otherwise not understandable tothe international community and human rights law.In a hand-written letter to the UN written fromprison31, Dolma said that he was accused of“espionage” and “separatism” for writing amanuscript. He further stated his firmcommitment and belief of raising awareness amonghumanity in promotion of environmental protectionand women’s health protection. In another case,

Sonam Gyalpo who was last heard of being led awayby Chinese State Security Bureau officers on 28August 2005, a few days ahead of thecommemoration of the 40th founding anniversaryof the so-called “TAR”, was reported to be servedwith 12 years prison term on charges of“Endangering State Security”. His crime waspossession of audio and videotapes of teachings bythe Dalai Lama and few literatures of political nature.Being a fervent Tibetan nationalist who was earlierput in jail for three years for participating in a peacefuldemonstration on 27 September 1987, Sonam waslooked upon with suspicion by the Chineseauthorities as a routine practice. Another prominentcase was that of Namkha Gyaltsen, a monk fromThinley Lado Village, Kardze, sentenced to eightyears jail term for alleged painting “separatist” sloganson government property and circulating pro-independence posters and displaying banned Tibetannational flag.

Chushul (Ch: Qushui) Prison in Tibet, which beganoperational around April 2005, is highlighted thisyear. The UN Special Rapporteur on Torture, Dr.Manfred Nowark, in his report32 to the UN HumanRights Council this year described the abominableconditions of the prison and called for the release ofthree prisoners (Jigme Gyatso, Bangri JigmeTsamtrul Rinpoche and Lobsang Tsultrim)33 whohe was able to meet convicted “of a political crime,possibly based on information extracted by torture”.The Chinese authority in Tibet use the new prisonto imprison Tibetans served with long prison terms.Not much is currently known about the prison butin light of the Special Rapporteur’s report, theconditions and maltreatment in Chushul Prisonseems to be harsher than Drapchi Prison34. It wasreported that many Tibetan political prisoners servedwith long-term sentences have been transferred fromDrapchi to Chushul Prison.

Executive Summary

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It was inspiring to note that Phuntsok Nyidron,formerly a nun at Michungri Nunnery who spent15 years in Drapchi Prison, was able to testify aboutthe atrocities being carried out in Tibet to the UNSub Commission on Human Rights on thePromotion and Protection of Human Rights on 14August 200635. On behalf of the Tibetan peopleshe thanked the Sub-Commission for the historicresolution on Tibet adopted on 23 August 1991. InJune 2006, two of the formerly “Drapchi 14 singingnuns”, Rigzin Choekyi and Lhundrup Sangmo,arrived in exile in India.36 Along with Phuntsok andother nuns they recorded songs of freedom andinspiration in 1993. Rigzin and Lhundrup served12 and 9 nine years prison term respectively inDrapchi Prison. Upon arrival, they too spoke of themaltreatment political prisoners receive in Chineseadministered prisons in Tibet. Similarly Palden a.k.aPhuntsok Tsering37 and Tsering Dhondup38 whoserved six and five years in Drapchi Prison respectivelyupon arrival in exile testified of the abominableconditions and maltreatment political prisonersreceive in Drapchi Prison.

In a good development this year, the situation inNepal improved making it easier for the fleeingTibetans to transit Nepal for exile in India. For thepast few years the Tibetans faced enormous hardshipduring the government of King Gyanendra and theMaost insurgency in Nepal. The political agreementthis year between the democratic government ofNepal and the Maoists paved way for an easier transitfor the Tibetans.39 Resident Tibetans in Nepal couldobserve important Tibetan national days includingthe birthday of the Dalai Lama, Tibetan NationalUprising Day, and Tibetan Democracy Day etc,which were otherwise prohibited in Nepal.

A total of 2445 Tibetan refugees escaped into exileand reached Dharamsala this year40. Of these,majority comprises of teenage Tibetans and novicemonks and nuns who seek religious education that

is banned in Tibet; children sent by their parent tostudy in Tibetan exile schools, feeling that it is theironly chance for a reasonable education; and nomadsand farmers leave because they have been relocatedfrom their land for development projects, like theGormo-Lhasa railway.

The status of education in Tibet is grim. About halfthe total exodus from Tibet continues to be minorsbelow 18 years seeking educational opportunitiesin exile in India. Majority of the fleeing Tibetanswho were struck with tragedy at the Nangpa Passwere minors. When images of the tragedy and itssurvivors flashed across the globe, the worldwondered at the innocent face of 7-year-old DekyiPaltso who was part of the fleeing group. Like manyothers, despite the risks involved Dekyi was also sentby her parents to get broad-based education inTibetan schools set up in India, an apparentdissatisfaction over the quality of education inChinese controlled Tibet. For many Tibetans whograduate from higher educational institutions inTibet, discriminatory practices by Chineseauthorities in hiring Tibetans for civil services isrampant. There is also rampant practice of givingjobs to only rich, affluent and those havingconnection to officialdom [Ch: Guanxi]. In aDecember 2002 report, the UN Special Rapporteuron racism, racial discrimination, xenophobia andrelated intolerance said that “Tibetans in the “TAR”suffer various forms of systematic and institutionaldiscrimination in the fields of employment, healthcare, education and public representation.” In lateOctober 2006, Tibetan students of the TibetUniversity staged a rare public protest in front ofgovernment offices in Lhasa over discrimination byChinese authorities in hiring Tibetan graduates tocivil service jobs.41 Public Security Bureau (PSB)officers quickly acted upon the incident by roundingup the students and forbade them from massgathering. In May 2006 Tibetan graduates in Golog“Tibetan Autonomous Prefecture” (“TAP”) in


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Qinghai Province petitioned to the localgovernment to give jobs without bias anddiscrimination as promised in a policyimplementation between 2001 – 2005 butapparently failed.42 Fake household registration inTibet by mainland Chinese students usurpopportunities meant for Tibetans. The EducationDepartment of “TAR” in a rare publicacknowledgement in the official media said,“…these days many Chinese students frommainland China were making “TAR” householdregistration card…”43

In an important landmark this year, a committeefrom the National People’s Congress visited the“TAR” in August 2006 to review theimplementation of Regional National Autonomylaw promulgated in 1984.44 The visit by thecommittee is first of its kind since the promulgationof law. Although little is known about the visit, theCentre sees this as an important positivedevelopment in light of the ongoing Sino-Tibetdialogue. Envoys of the Dalai Lama visited Chinafor a fifth round of talks from 15-23 February2006.45 The delegation had a day long meeting withthe Executive Vice Minister of the United FrontWork Department, Zhu Weiqun, on 22 February2006, in Guilin City. The latest round of discussionsaw the two parties agree that there is a majordifference in approaching the issue and agreed thatmore discussions and engagements will clear theobstacles. The host arranged a trip to GuangxiZhuang Autonomous Region for the envoys toobserve the situation; an interest the envoys hadshown in their earlier visits.

In the early part of 2006, human rightsorganizations and free speech campaigners haveheavily criticized internet corporate giants Google46

and Yahoo Inc. Bowing to official diktat, Googlelaunched a censored service in China. For theirweakness in fighting for a right to information,

protesters followed Google workers at conferences,university lectures and at its headquarters inCalifornia.47 Almost all Tibetan organizations andTibet supporters removed Google services from theirrespective websites. Yahoo Inc, for helping Chineseauthorities in jailing a Chinese writer, was alsoheavily criticized by the international community.48

All the big names in internet business have nowbowed to the Chinese authorities in an effort toexpand their presence in the Chinese market.Microsoft, Cisco were earlier criticized for theirmeekness in filtering information for internet usersin China, and Google and Yahoo followed suit. It isdeplorable that internet corporates help abusive stateslike PRC in their crackdown on online dissidentsand deprive correct information to millions ofinformation hungry citizens.

2006 marks the 10th anniversary of the TibetanCentre for Human Rights and Democracy, whichwas established in 1996. Over the decade, TCHRDhas endeavored to uncover human rights violationsin Tibet and reveal its findings to the rest of theworld. As the Centre embarks upon another decadeof human rights research, it remains firmlycommitted to realizing the goals set out in itsmission. Despite the dedicated hard work byindividuals and various organizations in the worldincluding TCHRD, the human rights situation inTibet remains grave. In light of the courageousselfless activities and calls for freedom by Tibetansin Chinese occupied Tibet, TCHRD is inspired towork harder and will continue to highlight thesituation more vigorously in the years to come.

Executive Summary

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endnotes

1 "Lhasa Ready to Receive First Train”, Xinhua News Agency, 1July 2006, http://www.china.org.cn/english/2006/Jul/173322.htm

2 "There is no excuse, China: Nangpa La video shows borderguards sharpshoot refugees”, Mounteverest.net, available at http://www.mounteverest.net/news.php?id=15182, Original ProTV video available at http://www.youtube.com/watch?v=rLN4KWxqZ-0, Independent climbers testimoniesavailable at http://www.mounteverest.net/news.php?id=15159

3 Official Chinese media Xinhua reported the railway carried272,700 passengers and 37,400 tons of freight between July–September 2006, TibetInfoNet, available at http://www.tibetinfonet.net/content/news/32 last paragraph

4 New York Times, 10 August 20015 Seven or eight Tibetans were reportedly shot according to

independent eyewitness accounts by western climbers atMount Cho Oyu. Kelsang Nortso, a 17-year-old nunsuccumbed to gunshot as evidenced by video and still images.Official Chinese media citing an anonymous governmentofficials confirmed death of a Tibetan in a hospital reportedlydue to “Oxygen shortage”. The name of the deceased is notmade public. “Stowaway case thwarted in Tibet” People’s DailyOnline http://english.peopledaily.com.cn/200610/13/eng20061013_311337.html

6 While majority of the names were obtained, few remainunknown. The list is as follows: 1)Kunsang Namgyal (22 yrs)Palyul County (hit in leg as seen by others, dead or survivednot known), 2)Lobsang Paljor (33 yrs) from Lhopa Township,Kardze County 3)Jampel Tseten (16 yrs) from Poda TownshipPashoe County 4)Sonam Wangdue (13 yrs) from LhasaTsemonling 5)Sonam Palzom (22 yrs) from Driru County6)Lobsang a.k.a Tsering Choegyal (monk) (33 yrs) fromTarchen Township Nagchu County 7) Lodoe Nyima (15 yrs)from Domed 8) Gatsok (19 yrs)from Gatha Township TengchenCounty 9) Jigme Phuntsok (15 yrs) from Sertsa Township,Tengchen County 10) Sonam Phuntsok (10 yrs) from JodhaCounty 11) Ming Shomo (13 yrs) from Dege County 12)Karma Tsethar (9 yrs) from Derge County 13)Tenwang (7 yrs)14)Lhakpa Dolma (8 yrs) 15) Dhondup Lhamo (9 yrs)16)Dechen Dolma (10 yrs) 17)Wangchen (11 yrs) 18) Tsedon

(12 yrs) 19)Karma Tseten (16 yrs) 20)Lodoe Namkha (16 yrs)21)Karma (19 yrs) 22) Samten (19 yrs) 23)Dhondup Palden(21 yrs)

7 “UN Human Rights Chief Questioned on Nangpa PassKillings”, Ngawang C. Drakmargyapon, available at http://www.phayul.com/news/article.aspx?id=14929&t=1&c=1

8 Original in Chinese: “ Strike hard against illegal crossings”,Chinatibetnews.com, 29 December 2006

9 "UN elects new human rights body”, BBC News, available athttp://news.bbc.co.uk/2/hi/americas/4754169.stm

10 “True Test of New Human Rights Council Will Be MemberStates Make Of It, Secretary-General Says”, 15 March 2006,available at http://www.un.org/News/Press/docs/2006/sgsm10376.doc.htm

11 “Tibet Autonomous Region Party leaders work meeting onopposing the separatists” www.tibetinfor.com, 17 May 2006,available in Chinese at http://infotibet.cn/news/xzxw/szfl/t20060517_115686.htm

12 Original in Chinese: “Zhang Qingli’ speech during 7th TARCCP general body meeting”, www.tibet.cn.news , 30 October2006

13 “Tibetans burn animal skins in Rebkong”, Tibetinfonet, 10February 2006, available at http://www.tibetinfonet.net/content/update/1 see also “New hope for tigers as demand forskins goes up in flames?” Care for the Wild, 10 February2006, available at http://www.careforthewild.org/default_detail.asp?detail=true&I_ID=385&section=Adoptions

14 “New hope for Tigers as demand for skins goes up in flames?”,Care For the Wild International, available at http://w w w. c a r e f o r t h e w i l d . o r g / d e f a u l t _ d e t a i l . a s p ?detail=true&I_ID=385&section=News

15 “Tibetan TV presenters ordered to wear animal skin chubas”,Wildlife Protection Society of India, 29 April 2006, availableat http://www.wpsi-india.org/news/29042006.php

16 “Thousands of Tibetans wait for Dalai Lama in Amdo afterrumors spread”, International Campaign for Tibet, 17 July2006, available at http://www.savetibet.org/news/newsitem.php?id=1005

17 “China to Canada: Dalai Lama Award Could Hurt Ties”,Reuters, 26 July 2006, Available at TibetInfoNet, Tibet NewsDigest: http://www.tibetinfonet.net/content/news/10246

18 “Feinstein introduces bid to award Dalai Lama CongressionalGold Medal”, Tibet News, International Campaign for Tibet,11 May 2006, http://www.savetibet.org/news/newsitem.php?id=969

19 “Dharamshala celebrates Nobel Peace Prize day with fanfare”Department of Information and International Relations,Sunday, 10 December 2006, available http://www.tibet.net/en/flash/2006/1206/101206.html

20 “Zhang Qingli becomes new Party chief of Tibet”, Xinhua,29 May 2006, http://news.xinhuanet.com/english/2006-05/29/content_4616959.htm

21 “Background on Lhasa City Communist Party Committee”,Human Rights Watch, http://hrw.org/pub/2006/lhasa110606.pdf


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22 Macartney, Jane. “Beijing pledges ‘a fight to the death’ withDalai Lama”, The Times, 14 August 2006, http://www.timesonline.co.uk/article/0,,25689-2312796,00.html

23 “China: Fewer Tibetans on Lhasa’s Key Ruling Body”, HumanRights News, Human Rights Watch, 7 November 2006, http://hrw.org/english/docs/2006/11/07/china14522.htm

24 “The People’s Republic of China Regional Ethnic AutonomyLaw (Chinese and English Text)”, Available on the USCongressional-Executive Committee on China’s “VirtualAcademy” website: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=9507

25 Although 26 known Tibetans were documented as arrestedduring 2006, TCHRD obtained detail information of 15Tibetans; investigation about the remaining 11 is still in theprocess.

26 List in Appendix 2 at the end of report.27 List in Appendix 1 at the end of report.28 “Commentary manuscript lands Tibetan youth ten years in

prison”, TCHRD. 25 July 2006 available at http://tchrd.org/press/2006/pr20060725.html

29 “Former Tibetan political prisoner served with 12 years prisonterm”, TCHRD, 24 Nov 2006, available at http://tchrd.org/press/2006/pr20061124.html

30 “Eight years sentence for suspected Tibetan monk”, TCHRDHuman Rights Update, July 2006, available at http://w w w. t c h rd . o r g / p u b l i c a t i o n s / h r _ u p d a t e s / 2 0 0 6 /hr200607.html

31 “A letter by Tibetan writer serving ten year prison term”,TCHRD, Human Rights Update, August 2006, available atht tp : / / t chrd .org/publ i ca t ions /hr_update s /2006/hr200608.html#writer

32 UN Special Rapporteur on Torture’s Mission to China reportE/CN.4/2006/6/Add.6 available at http://daccessdds.un.org/d o c / U N D O C / G E N / G 0 6 / 1 1 7 / 5 0 / P D F /G0611750.pdf?OpenElement

33 E/CN.4/2006/6/Add.6 page 47 and 4834 E/CN.4/2006/6/Add.6 page 46 para 435 “Phuntsok Nyidron Testifies at UN Expert Body”, World Tibet

Network News, 15 August 2006, available at http://www.tibet.ca/en/wtnarchive/2006/8/15_4.html

36 “Drapchi singing nun” Rinzin Choekyi arrives in exile,TCHRD, Human Rights Update, http://tchrd.org/publications/hr_updates/2006/hr200605.html#Rinzin

37 “Biography of former political prisoner Phuntsok Tsering”,TCHRD, Human Rights Update, http://www.tchrd.org/publications/hr_updates/2006/hr200608.html#Phuntsok

38 “Five years term for chanting ‘Free Tibet’”, TCHRD, HumanRights Update, http://www.tchrd.org/publications/hr_updates/2006/hr200606.html#Tibet

39 “Nepal Immigration facilitates swift transit to four Tibetans”,Phayul.com, 24 November 2006, available at http://www.phayul.com/news/article.aspx?article=Nepal+Immigration+facilitates+swift+transit+to+4+Tibetan+refugees&id=14864

40 The figure is for the period between 1 January 2006 to 31December 2006

41 “Tibetans stage rare public protest in Lhasa” Radio Free Asia,8 November 2006, available at http://www.rfa.org/english/news/2006/11/08/tibet_protest/

42 “Tibet University Students Stage Protest”, TCHRD, HumanRights Update, November 2006 issue, available at http://t c h r d . o r g / p u b l i c a t i o n s / h r _ u p d a t e s / 2 0 0 6 /hr200611.html#University

43 Ibid44 China News, 11 August 2006, available at http://info.tibet.cn/

news/xzxw/szfl/t20060811_140231.htm45 Congressional-Executive Commission on China, Annual

Report 2006, para 7, available at http://www.cecc.gov/pages/annualRpt/annualRpt06/Tibet.php

46 “Tibetan activists target Google censorship”, The Daily, AndrewSengul, available at http://www.phayul.com/news/article.aspx?article=Tibet+activists+target+Google+censorship&id=11869

47 “Internet corporates lending an evil hand in China”, TCHRD,Human Rights Update, available at http://tchrd.org/publications/hr_updates/2006/hr200601.html#internet

48 “China’s net policies in spotlight” , CNN.com, 9 April 2006,available at http://www.cnn.com/2006/TECH/internet/03/08/china.web/index.html

13

introduction

In the year 2006 while many governments haveextended their welcoming arms to the head of thePeople’s Republic of China (hereafter refer to asPRC) and praised its recent phenomenal economicdevelopments, the fact is, the country remains a one-party state that does not hold national elections, hasno independent judiciary, is hell-bent on suppressingany political dissents, spearheads the world’sexecution, aggressively censors the Internet andrepresses its minority nationalities. The year 2006was no different in Tibet under the communist rule.The PRC continued with its repressive policies ofdenying the Tibetan people freedom of expression,association, assembly, asylum and legal protectionthroughout the year. Amidst the fifth round of talkbetween the envoys of the Dalai Lama and theChinese delegations in China, the deluge ofdenunciations and defamation against the DalaiLama went unabated with the newly appointed PartySecretary of the “Tibet Autonomous Region” (TAR)Mr. Zhang Qingli embarking on a fierce campaignto crush loyalty to the exiled Tibetan leader and toextinguish religious belief among governmentofficials.1

The year began with Internet web-based searchengine, Google, capitulating to political pressurefrom China by censoring access to information aboutTibet and other sensitive political issues, such as the

protests on Tiananmen Square in 1989 in order toharvest ever growing Chinese market. Google’s rivalsYahoo and Microsoft have already censored theirsites in accordance with Chinese government wishes.With these announcements, people were denied freeand uncensored flow of information.

The United Nations Commission on Human Rights(UNCHR) was dissolved this year. The newlyformed UN Human Rights Council (UNHRC),which its President called a new beginning for thepromotion and protection of human rights, electedthe first 47 members on 9 May 2006, by the GeneralAssembly. It is appalling that country such as Chinatainted with numerous human rights abuses gotelected to the UN Human Rights Council despitecalls from various human rights organizations toreject her candidacy. It is also ironic that PRC wonmembership to the Council after receiving 146 votes(out of a possible 191)2 placing it as the eighth Asianstate to be elected and will remain a member of thecouncil until 2009. Human rights organizations aswell as governments have consistently documentedhuman rights abuses against Tibetans under Chineserule and the UN has frequently acted upon thesereports, calling on China to cooperate with the UNor halt the violations. Yet PRC has generally ignoredUN criticism of the country’s human rights recordand PRC membership of the new Council makesmotives and purpose of the new UNHRCquestionable.

CIVIL AND POLITICAL RIGHTS

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Just months before the election, the EuropeanParliament declined China’s requests for theEuropean Parliament (EP) to lift an arms embargo,citing China’s human rights’ record as a majorobstacle to lifting the embargo.3 The actualcommitment falls short of pledges made by the PRCprior to the election to the new Council. This isevident from China’s aversion to vigilant humanrights mechanisms, non-governmentalorganizations(NGOs), scrutiny of its human rightsrecord, and is disinterested in establishing a regionalhuman rights mechanism.

Furthermore, the Council’s second declaration inthe General Assembly resolution that established theHuman Rights Council is that the council shall:

[Reaffirm] also the Universal Declarationof Human Rights and the ViennaDeclaration and Programme of Action, andrecalling the International Covenant onCivil and Political Rights, the InternationalCovenant on Economic, Social andCultural Rights and other human rightsinstruments.4

Yet, PRC is only a signatory to the InternationalCovenant on Civil and Political Rights (ICCPR);Beijing is yet to ratify the treaty, or five other of thefourteen human rights treaties.5 This disregard forinternational human rights treaties is a clear violationof the simple guideline given by the UN for theelections, vote only for countries that “uphold thehighest standards in the promotion and protectionof human rights.6” It is not as though UN memberstates are unaware of China’s poor human rightsrecord. In addition to the EP’s formal recognitionof human rights abuses in China, the report by theUN Special Rapporteur on Torture, released inMarch, made some distressing conclusions regardingthe treatment of prisoners in China.

In May 2006, high level Chinese Communist Party(CCP) members of the “TAR” in a meeting from15-16 May 2006, resolved to strike hard against theTibetan freedom activists and intensification of the‘patriotic re-education’ campaign in the monasticinstitutions in Tibet and working harder on socialstability more than every before7. On anotheroccasion in November this year, the “TAR” CCPgeneral body meeting resolved to stamp out‘separatists’ completely8. Invigorated Patriotic re-education campaign in nunneries and monasterieshas driven more nuns and monks to face the dangerof Nangpa La to escape Tibet. Most of the refugeestravel in autumn and winter when deep snowreduces the chances of meeting border patrols.

The status of civil and political rights in Tibet istestimony to China’s disingenuous announcementsabout it’s dedication to human rights. This year,Tibetans launched a successful environmentalcampaign, which brought about detentions and are-education campaign; citizens continued to bearrested for religious and political beliefs; reportsfrom a new prison have emerged that documentedprisoner abuse; access to information has continuedto deteriorate; and the political leadership in Tibetcontinued to shift away from Tibetans and towardethnic Chinese who are loyal members of theCommunist Party members.

change in “TAR” leadership

Two important changes occurred in the leadershipof the “Tibet Autonomous Region” this year. First,was the appointment of Zhang Qingli as the new“TAR” Party Secretary on 26 May; he had alreadybeen acting Secretary since November 2005 andtook full responsibility of the office in June.9,10 Thesecond was a major shift in the makeup of Lhasa’sCommunist Party Committee, which now seatsonly 8 Tibetans, or 26 percent of the Committee’sthirty seats.11

Civil and Political Rights

15

Last year, we reported that Zhang is a “close ally” ofPresident Hu12 and “the appointment [is seen] aspart of President Hu’s strategy to move allies to keypositions.13" Previous to this position, Zhang was avice chairman14 of the Xinjiang UyghurAutonomous Region (XUAR) (Muslim majority)and a commander of the Xinjiang Production andConstruction Corps, the department responsible forpromoting Chinese immigration to ‘XUAR’. Hisappointment to Tibet just as the Lhasa-Gormudrailway was nearing completion suggested thatBeijing wanted to tighten control over Tibet in2006, which Zhang was quick to do. By June,Zhang had expanded the patriotic re-educationcampaign (see Religion chapter) and shortenedgovernment contracts with Tibetan NGOs from fiveto two years.15

In addition to the appointment of the new PartySecretary, the Lhasa Communist Party Committeecame under attack in 2006. Tibetan representationon Lhasa’s Communist Party Committee has beendeclining over the years, from the high of 80 percentand 55 percent in 1986 and 1997 respectively, tothe current historical low of 26 percent in thecommittee.16 Furthermore, the committee will benow led by Qin Yizhi, the first time in 25 years thatthe CPC will not be led by a Tibetan.17 Accordingto Human Rights Watch, this change in CPCleadership, “[f]undamentally compromises Tibetans’right to participate in Lhasa’s most powerfulinstitution.18" This shift to a Chinese majority ledCPC is a violation of the People’s Republic of ChinaRegional Ethnic Autonomy Law, whose Preamblestates, “Regional ethnic autonomy reflects the state’sfull respect for and guarantee of ethnic minorities’right to administer their internal affairs.” 19,20

The appointment of hardliner Zhang Qingli as PartySecretary of the “TAR” in May has signaled arenewed determination by Beijing to cement theregion to China. Chinese migration into Tibet has

accelerated with the opening of the new high altituderailway to Lhasa from Gormud on 1 July 2006.Restriction in religious freedoms in the “TAR” hasbeen tightened in what Mr. Zhang called a “fight-todeath” struggle against the Dalai Lama in a speechin May.

right to freedom of expressionmuffled

The Chinese authorities continue to suppress theTibetan people’s basic rights to freedom of speech,expression and opinion. Almost all known Tibetanpolitical prisoners languishing in various prisons anddetention centres in Tibet were arrested solely forpeacefully expressing their political views andopinions. Under the ‘patriotic re-educationcampaign” re-launched by Chinese authorities in Julylast year, monks or nun who ventures to speak theirown opinion, or to question those of the Chineseofficials face arrest and expulsion from theirmonastery or nunnery.21

The recent wave of detentions and sentencing ofTibetans based on ambiguously worded chargesincluding ‘illegally leaking state secrets’, ‘disturbingpublic order’, ‘subversion’ among others for thepeaceful exercise of their fundamental right of freeexpression sends a unmistakable message to theTibetan people of the risks they run in exercisingtheir rights. There was no let-up in the restrictionsover the press, investigative reporting, the Internet,radio and other forms of broadcasting in Tibet. PRCGovernment uses advance technology, priorrestraints, intimidation, detention, imprisonment,and ambiguously and arbitrarily applied censorshipregulations to suppress free expression and controlChina’s media. China justified its repression of freespeech under a broad interpretation of “nationalsecurity”.

16


The right to freedom of expression and freedom ofpress are internationally recognized and areguaranteed in the Chinese Constitution andinternational covenants22, which China is a signatory.Article 19 of the Universal Declaration of HumanRights states; “everyone has the right to freedom ofopinion and expression; this right includes freedomto hold opinions without interference and to seek,receive and impart information and ideas throughany media and regardless of frontiers”

Article 27 of the Chinese Constitution states that“…All state organs and functionaries must rely onthe support of the people, keep in close touch withthem, heed their opinions and suggestions, accepttheir supervision and work hard to serve them.”Article 35 of the Constitution of the PRC declares:“Citizens of the People’s Republic of China enjoyfreedom of speech, of the press, of assembly, ofassociation, of procession and of demonstration.”

However, while protecting the aforementionedcitizens’ rights, the Constitution also stipulates thatthe exercise of these rights must not cause harm tothe State or to social and collective interests, norinfringe on the rights of other citizens, and all actsin violation of the Constitution and the law will bepunished.23

The People’s Republic of China on 5 October 1998signed the International Covenant on Civil andPolitical Rights (ICCPR), which binds them inprinciple to the provisions therein, including thefreedom of expression and hold opinion. Article 19of the ICCPR clearly stipulates, “Everyone shallhave the right to hold opinions without interference.Everyone shall have the right to freedom ofexpression; this right shall include freedom to seek,receive and impart information and ideas of all kinds,regardless of frontiers, either orally, in writing or inprint, in the form of art, or through any other mediaof his choice.”

Despite stipulations and guarantees for the right tofreedom of expression in the constitution and variousinternational covenants that China has signed,regretfully the existence of right to freedom of speechand expression is rendered redundant by the harshcrackdown on people exercising these rights. AnyTibetan who express political views differing fromthose mandated by the state are at the high risk ofbeing arrested, tortured and imprisoned with lengthyprison sentence. The gap between the laws and it’sapplication remains significant as authoritiescontinue to place a higher priority of ‘stability’ thanon addressing national and international laws andnorms. The arbitrary nature of these arrests arereflected both by the reason for the arrests as well asthe disregard of procedural safeguards. Oncedetained, the detainees’ rights in the areas of pre-trial detention, fair trial guidelines and appellateprocedure are violated.

Gendun, 30-year-old monk scholar and teacher ofTibetan monastic dance cham has been sentencedto a four-year prison term in January 200624.Gendun originally hailed from Gongma Township,Chabcha County, Tsolho ‘TAP’ in QinghaiProvince. Formerly a student at Serther BuddhistInstitute studying Buddhist philosophy and Tibetanmedicine, Gendun has been a Cham dance teacherat Yulung Monastery in Tsigorthang County sincethe late 1990s. He was reportedly arrested in February2005 after he held a meeting to speak about Tibetanculture and history at a teacher’s training college inTsolho Tibetan Autonomous Prefecture “TAP”,Qinghai Province. Around 20 students and teachershave also been detained in connection with his case.Although the others have been reportedly released,Gendun was sentenced to a four-year prison termin January 2006. Although his current location isunknown, reports coming out of Tibet indicate thathe was held in various detention centres during 2005and is indicated to be in a “reform through labour”camp in the west of Xining, Qinghai Province‘TAP’.


17

arrest for pasting pro-independent posters

Namkha Gyaltsen, a Tibetan monk from theGyasoktsang family in Thinley Lado Village, Kardzeprefecture, Sichuan Province ‘TAP’ is facing up toeight years in jail for allegedly painting separatistslogans on government property and circulating pro-independence posters and displaying the bannedTibetan national flag25. Namkha is one of fourmaster chanters at the Kardze Monastery. Heallegedly painted pro-independence slogans on thewalls of government buildings in Kardze and on twoiron bridges nearby in March this year, fearing arresthe ran away from Kardze to escape to India via Lhasa,but police pursued him to Lhasa, detained him, andreturned him to Kardze. Namkha Gyaltsen is knownto be facing a sentence of seven to eight years andsaid to be held in Ngaba(Ch: Aba) ‘TAP’.

arbitrary arrests anddetentions

Given China’s lack of transparency and continuedrefusal to disclose the names of people detained orarrested, it is often difficult to determine the numberof arrests. However, we know that to date there are116 known political prisoners in Chinese prisonsand detention centres across the Tibetan plateau.51 or 43.96 percent are serving ten or more years ofprison sentence. TCHRD documented 26 newknown cases of Tibetan arrested for alleged politicalactivities in Tibet during the year26. There were alsoa number of arrests for activities that are protectedunder the UDHR’s and ICCPR’s Article 19 -protection of freedom of expression. The case ofDolma Kyab (see below) typifies this gross violationof international human rights law.

The authorities have adopted a variety ofcountermeasures to deal with different types of unrest

and protest that challenge the regime politically witha policy of intimidation, exile, lengthyimprisonment, administrative detention and housearrest. China’s continued practice of detainingprisoners for extended lengths of time without chargeor trial violates Article 9 of the ICCPR, particularlyArticle 9, paragraph 2, “Anyone who is arrested shallbe informed, at the time of arrest, of the reasons forhis arrest and shall be promptly informed of anycharges against him.”; Article 9, paragraph 3,“Anyone arrested or detained on a criminal chargeshall be brought promptly before a judge or otherofficer authorized by law to exercise judicial powerand shall be entitled to trial within a reasonable timeor to release.” The right to a quick trial is alsoenshrined in Article 14, paragraph 3(c), of theICCPR.

However, for those connected to the August 2005fire at a slaughterhouse in Kardze ‘TAP’, officialcharges and trial remain elusive. The judicialprocesses are still compromised by politicalinterference, reliance on forced confessions, closedtrial and administrative sentencing- convictions oncharges of ‘subversion’ and ‘of leaking state secret’continue to result from vaguely worded state securityand state secrets laws. According to Human RightsWatch, five of the more than 16027 people detainedin August 2005 have yet to be officially charged andhave not been allowed to meet with lawyers, doctors,or family members.28 Sogya, around 50 years oldwas blinded after receiving brutal beatings by thepolice and was denied medical treatment29. The sixmen held in a Dege County jail have been identifiedas Sherab Yeshi, aged around 70; Sogya [one name],aged around 50; Dawa [one name], aged around 30;Dawa, aged around 50; and two other men aboutwhom no details were available30.

Unfortunately, we have also learned of moreincidences of torture of detainees and prisoners. Thereports have come primarily from two sources:

18


released prisoners and the United Nations’ report ofthe Special Rapporteur on torture and other cruel,inhuman or degrading treatment or punishment,released in March. Information about newlyoperational Chushul Prison near Lhasa, has alsocome out this year, which has begun to receivepolitical prisoners from Drapchi Prison and prisonersserving sentences more than fifteen years. Accordingto one source who recently escaped into exile afterspending years in Shigatse Detention Centre, threeyears Drapchi Prison and later spent three monthsat the new Chushul prison testified that all thepolitical prisoners were shifted to Chushul prisonin Nyethang County in 200531.

Moreover, According to the Congressional-Executive Committee on China, nine of the tenpolitical arrests (total was as of early October) wereof residents of Kardze.32 According to the CECC:

The 2006 detentions in Kardze ‘TAP’represent a return to an established patternof Tibetan political activism andimprisonment. Chinese courts treat peacefulexpressions advocating Tibetanindependence as endangering state securityby “inciting splittism” and “underminingnational unity,” crimes under Article 103of China’s Criminal Law.33

Following are the few known cases of Tibetansarrested and detained this year and there are still manywhose cases remain unaccounted for due to secrecysurrounding the case of arrest and detention and lackof free flow of information from Tibet due to riskinvolved. We have added here a few known cases ofarrest and detention for the record, which the Centrecame to know from reliable sources this year butwhich had happened in the previous year. While thenature of arrest and location may vary, all of themhave been linked to political activities deemed to‘endanger state security’.

i. Dolma Kyab, a 29 yearold history teacher andwriter originally from AriVillage, Chilen (Ch:Qilian) County,Tsochang “TibetanAutonomous Prefecture”(“TAP”), Qinghai., was arrested in March 2005for writing a manuscript “Restless Himalaya”(Ch: Sao dong de Ximalayashan), which wasnot published. The Lhasa People’s IntermediateCourt on 16 September 2005 sentenced DolmaKyab to ten years in prison on charges ofendangering state security. Informationregarding Dolma Kyab’s arrest came from aletter he wrote to the United Nations statinghe was arrested for writing a book about“democracy, freedom and the situation in Tibetand he was accused of ‘espionage’ and‘separatism’ for writing a manuscript.”34 Anarrest for writing a book, just like thedistribution of political pamphlets and otherwritten material, is a clear violation of Article19, paragraph 2, of the ICCPR.35 He is currentlyimprisoned at Chushul (Ch: Qushui)Prison, ”TAR”.

ii. Two monks, Gedun and Jampel Gyatso, weredetained on 2 April 2005 after Gedun spoketo a group of students about Tibetans’ lack offreedom of expression. The two men werearrested on 29 April 2005. The formal chargeagainst Gedun was “doing great harm tosociety”, while Jampel Gyatso was charged with“the crime to incitement to split the state”.Gedun was sentenced to four years, whileGyatso was sentenced to three. Twenty othermonks were also detained with Gedun andJampel Gyatso, but they were all released. Thereare reports that one was severely beaten.36

iii. In May 2005, five Tibetans from Gansuprovince were arrested, three nuns and twomonks for distributing leaflets on Tibetan


19

independence and for calling for thecancellation of the 2008 Olympic Games.37

The Gannan Intermediate People’s Court inGansu province sentenced Choekyi Drolma,Buddhist nun, to three years’ imprisonment inDecember 2005 for “inciting splittism”. 38 Twonuns, Tamdrin Tsomo and Choekyi Drolma,and one monk, Dargye Gyatso from LabrangTashikyil Monastery, received three yearsimprisonment, while one nun, Yonten Drolma,and one monk, Jamyang Samdrub, eachreceived one and a half year’s imprisonment.39

Choekyi Drolma is imprisoned in the GansuProvincial Women’s Prison and is due for releasein May 200840. Other nuns are likelyimprisoned in the same prison. Informationabout the monks’ place of imprisonment is notavailable, but it is likely that they are held in aprovincial-level prison near the capital,Lanzhou. Tamdin Tsomo and Dargye Gyatsoare also serving

iv. The Dui Hua Foundation also confirmed thatChoeying Khedrub, a monk arrested in 2000for “inciting splittism”, was sentenced to lifein prison in 2001. Choeying Khedrub is nowthe second known prisoner serving a lifesentence for a political crime. While notconfirmed, Choeying Khedrub is most likelyimprisoned at Chushul Prison.41

v. A report has come out that as a result of the re-education campaign that was launched inreaction to the anti-fur campaign (see above),seventeen students from Kardze were arrestedafter “showing respect” for the Dalai Lama.42

The information comes from a Tibetan refugeeafter a phone conversation with his parents whostill reside in Kardze, but no furtherinformation has become available.43

vi. There are differing reports regarding the arrestof three monks and one boy, all from Kardze,in Lhasa in October 2005. It appears that theywere tracked to Lhasa and arrested for political

activities in Kardze (they were planning onfleeing to Nepal), but some reports state thatthey were arrested for attempting to leave thecountry.44 It has also been reported that themen were first taken to Shigatse where theywere beaten and tortured before being turnedover to officials in Kardze. Two of the monksand the boy were all released in February 2006,but it is known that Namkha Gyaltsen is stillbeing held.45 He is reportedly being held forpainting anti-governmental slogans onbuildings46 and bridges as well as possiblydistributing free Tibet pamphlets anddisplaying a Tibetan national flag.47 He is facing7-8 years. There is no more informationregarding his trial.

vii. Gyaltsen Namdak, (lay name Dawa) a 24-year-old monk at the Sera Monastary in Lhasa wasgiven a five-year prison term in October by theLhasa People’s Intermediate Court on chargesof “endangering state security”.48 Gyaltsen hadbeen arrested in May 2006 for distributingpamphlets containing political material.Following his arrest in May 2006, he wasdetained at the Gutsa Detention Centre untilthe court pronounced its verdict. He is currentlyimprisoned at Chushul (Ch: Qushui) Prison.

viii. In mid-2006, SonamGyalpo, a former monk,was sentenced to twelveyears for “endangering statesecurity”. Sonam, 44, wasarrested last Septemberduring the roundups anddetentions prior to the 40th anniversarycelebrations. Sonam’s house was raided whereit is reported that a videotape of the Dalai Lamawas found. He was imprisoned for three yearsin 1987 for his role in the 27 Septemberdemonstration in Lhasa and was detained forone year in 1993. Sonam Gyalpo is currentlyimprisoned at Chushul Prison.49

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ix. In June 2006, five Tibetans, all native ofKardze, Sichuan Province, which include KayiDoega, his eldest daughter Yiga, a former nun,and Sonam Lhamo, from the Geci Nunnery;Sonam Choetso and Jampa Yangtso werereportedly detained by Chinese authorities forhanding out leaflets calling Tibetanindependence. Yiga, Sonam Choetso, andJampa Yangtso were detained by Chineseauthorities in Lhasa City in early June, forallegedly handing out leaflets from a van callingfor Tibetan independence in Kardze prefectureearlier50. Authorities also detained Kayi Doegaon 1 June and Sonam Lhamo on 2 June, onmere suspicious ground that they were behindthe leafleting activity. Kayi Doega was earlierjailed on 2002 for offering prayers for theTibetan exiled leader, the Dalai Lama. He wasfreed much before the expiry of his prison termon medical parole while serving three-yearsentence. Doega also burned furs during theanti-fur campaign earlier last year.51

x. In June 2006, Yiwang, a middle school studentfrom Kardze, was detained for “writing leaflets”along with five others.52

xi. Tashi Gyatso, 30 year-old, a monk of GyamoMonastery, has been reportedly sentenced tofour years prison term. Earlier in 1999, he cameinto exile in India and studied at Sherab GatselLobling school for two years. He was detainedby the Chinese officials and his bodythoroughly search while on his return journeyto Tibet in 2002. During the search, the officialfound a small Tibetan national flag from hispocket. On the mere charges of carrying thebanned Tibetan national flag, he was arrestedand subjected to severe beating. Later he wasgiven four years sentence on charges of‘endangering state security’. At present, he isserving his prison sentence at Drapchi prison.53

xii. On 19 July 2006, A Tibetan monk and writer,Rinchen Sangpo, was arrested by Chinese police

in Lhasa on way to home and his whereaboutsis not known to his family and friend. The 30-year-old monk of Drepung Monastery RinchenSangpo, was arrested for having the picture ofthe Dalai Lama in his room.54 He was said tohave detained from Lhasa railway station.

xiii. On 23 August 2006, Abbott Jinpa ofChoktsang Taklung Monastery in SerthaCounty, Kardze, Sichuan Province ‘TAP’ wasdetained. There is no further informationregarding a charge. At present he is beingdetained in Dartsedo (Dardo) County, Kardze“TAP”.55

xiv. On 6 September 2006, Lobsang Palden, amonk of Gephelling Monastery, was arrestedfor “inciting splittism” and was reportedlybeaten for “refusing to implicate otherpersons”.56

xv. On 3 September 2006, a 23-year old monkheld a demonstration for independence onBarkhor Street in Lhasa. The demonstrationlasted only minutes before he was taken awayby Public Security Bureau (PSB) officials andsecurity personnel. There is no moreinformation available regarding his detentionor identity, although there are reports that heis from Nechung Village in Toelung DechenCounty ‘TAR’ and was expelled from theTakdrak Monastery eight years ago on politicalgrounds.57

xvi. There is no information available on thewhereabouts and fate of 32 Tibetan refugeesarrested from the initial group of 75 fleeingTibetan refugees who were shot at by theChinese People’s Armed Police(PAP) atNangpa la Pass on 30 September58. Fourteenof these were children, the youngest is eightyears old. Of the refugees who were not injuredor arrested, some are missing, while 41 (27 areminors below eighteen years of age) managedto reach Kathmandu, Nepal.


21

anti-fur campaign

At the founding anniversary of a Tibetan school inexile59 and at the Kalachakra teachings in mid-January 2006, the Dalai Lama spoke out againstTibetans’ use of animal skins, especially endangeredanimals, and called for an end to this practice. TheDalai Lama’s statement in January come onlymonths after the Environmental InvestigationAgency (EIA) and the Wildlife Protection Societyof India (WPSI) released a study that found Tibetto be the primary destination of India’s endangeredanimals, particularly tigers, leopards, and otters, andconcluded that the use of animal skins to decoratechupas provided an enormous demand for the illegaltrade in endangered animals.60 A coalition ofenvironmental organizations was at the Kalachakrateachings and provided information regarding theillegal trade in animal skins, offering the 10,00061

Tibetans in attendance an opportunity to learn moreabout their role in the poaching and extirpation ofwildlife. The Dalai Lama’s comments and theenvironmental campaign that he obviouslysupported moved Tibetans to reject the use of animalskins, which resulted in public and private burningsof chupas and skins throughout Tibet early last year.It was also reported that fewer people were seenwearing clothing made of animal skins. There werefewer displays of animal skins in shops, and saleswere down significantly.62,63

Reports of burnings of fur began to emerge in mid-February with reports of demonstrations in Ngaba,‘TAP’ where first over 250 fox skins were reportedlyburned in the town of Tsodruk, and then more than10,000 Tibetans demonstrated at the KirtiMonastery in central Amdo.64 While thesedemonstrations were able to proceed, in Rebkongthe Chinese government banned the burning of furafter skins had been collected for a number of daysin preparation for a large bonfire on 12 February.65

On 8 February, Tseten Gyal was detained forspearheading this campaign, but he was released afterbeing forbidden from publicly burning animal skins,a command that he ignored.66 It was reported thatpolice and troops had begun to patrol the street,and by this time public burnings had occurred inLabrang, Kardze, and Lhasa.67 There were also atleast two public burnings in Lhasa, on the 6 and 15February.68 Burnings were reported to have occurredin Gansu province on the 11 and 14 March.69

As the anti-fur campaign swept through Tibet,Chinese officials stepped up their attempt to thwartany further attempts at public demonstrations. Acrowd of over 150,000 attended a Kalachakraceremony at Gersel Monastery in Kanlho ‘TAP’ withthe intention of burning animal skins, but “2,000heavily armed security personnel and plainclothesofficials” prevented them from doing so.70 Eightyouths were also detained in Ngaba Prefecture fortheir involvement in the campaign, but there is nofurther information regarding their status.71 InLhasa, the police notified the public and pilgrimstraveling to the city that any individuals who wereinvolved in fur burning incidents would beprosecuted and students were warned that if theywere involved in such incidents, they would faceexpulsion from their institutions.72

The Chinese government’s swift reaction to this newcampaign went beyond forbidding citizens fromburning skins in public or detaining campaigners.

Still from fur burning campaign in Tibet

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There are also reports that they launched a re-education campaign in Tibetan schools wherechildren were told they could not burn fur.73 Evenmore extreme was their decision to force Tibetantelevision presenters to wear fur.74

While it is too early to conclude the long-termsuccess of this campaign, it certainly appears thatthe campaign succeeded in altering the behavior ofTibetans during 2006. As mentioned above, fewerpeople were seen wearing or displaying animal skinsduring February and March. The EIA and WPSIreleased a new report in September after visiting anumber of the summer festivals, and they foundthat the number of people wearing chupas made ofanimal skins was down substantially since 2005, byas much as 50 percent at one festival.75 Furthermore,they reported that compared to 2005, in 2006 thoseinterviewed had a much higher understanding oforigins of the skins and the environmentalconsequences of the endangered animal trade.76

employment demonstrations

Students successfully held public demonstrations inLhasa during the last week of October overdiscriminatory practices in the hiring of newgraduates for civil service positions. The protests wereover the entrance exam for the official positions;the exam was offered only in Chinese and testedancient history, not recent history as the Tibetanstudents had expected. Furthermore, of the 100openings, only two went to Tibetans.77

Discrimination against Tibetans (or any group) inthe workplace is a violation of the InternationalCovenant on Economic, Social and Cultural Rights.Article 7(c) provides protection for equal access tocareer advancement, “Equal opportunity foreveryone to be promoted in his employment to anappropriate higher level, subject to no considerationsother than those of seniority and competence.” The

practice of having exams in Chinese for employmentin Tibet discriminates against ethnic Tibetans. Examsconducted in both languages does not correctdiscriminatory practice as China favors examineeswho have taken the Chinese language test. Thisensures that Tibetans will continue to trail Chineseresidents of Tibet, which will undermine theireconomic development.

Perhaps most significant about this event is that noarrests were made. In fact, the government mademotions of appeasing the protesters by increasingthe number of positions available to 140 andannouncing a number of changes in the hiringprocedures and the requirements for new employees,which would improve employment opportunitiesfor Tibetans.78 It is not yet known if more positionswere offered or if the new regulations were put intoplace.79

forced statements against thedalai lama

While patriotic re-education campaigns’ demandsto denounce the Dalai Lama are not new tomonasteries and nunneries, for the first time it hasbeen reported that civil servants have beencommanded to make their own denunciations.80 InAugust, The Washington Post reported that thousandsof government employees in Phenpo, northeast ofLhasa, had been instructed to “write criticisms ofthe Dalai Lama81”. The article did not state whenthis had happened or if it is an ongoing campaign.This new requirement was also reported in a similarreport in The Times, in August, which stated thatthe writing requirement was for “[e]thnic Tibetans”in Lhasa and its surrounding counties.82 The reportcontinued to say that, “Senior civil servants mustproduce 10,000-word essays while those in juniorposts need write only 5,000-charactercondemnations.83” This is a clear violation of Article


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18 of the UDHR, “Everyone has the right tofreedom of thought, conscience and religion”. Theright to religious belief is also enshrined in Article18 of the ICCPR. More information on theinternational protection of freedom of religion canbe found in the Religion chapter.

enforced or involuntarydisappearances

The PRC’s practice of enforced disappearance ofpersons infringes upon an entire range of humanrights embodied in the Universal Declaration ofHuman Rights and set out in both internationalcovenants on human rights84 as well as in other majorinternational human rights instruments.

“Any act of enforced disappearance is an offence tohuman dignity. It is condemned as a denial of thepurposes of the Charter of the United Nations andas a grave and flagrant violation of the human rightsand fundamental freedoms proclaimed in theUniversal Declaration of Human Rights andreaffirmed and developed in internationalinstruments in this field.” This was clearly stated inthe article 1 of the UN Declaration on the Protectionof all Persons from Enforced Disappearance85

adopted by the United Nations General AssemblyResolution 47/133 of 18 December 1992.

Enforced disappearances generally violate the rightto a family life as well as various political, economic,social and cultural rights such as the right to anadequate standard of living and the right toeducation. According to the Declaration86, thesystematic practice of disappearance is a crime againsthumanity and constitutes a violation of the right torecognition as a person before the law, security ofthe person and the right to liberty, and the right notto be subjected to torture; it also violates andconstitutes a grave threat to the right to life.

Moreover, the general prevalence of incommunicadodetention makes victims even more vulnerable andsusceptible to abuses of various magnitudes. ThePRC being one of the permanent members of theSecurity Council of the United Nations and themember of the newly formed UN Human RightsCouncil, is under an obligation to take effectivelegislative, administrative, judicial or other measuresto prevent and terminate acts of enforceddisappearance.

The PRC’s total disregard of international standardsof the right to life, liberty and security of personcan be best illustrated by the abduction of GedhunChoekyi Nyima, the 11th Panchen Lama for thetenth consecutive years who turned 17 on 25 April2006. Despite strong international concerns andappeals, China continues to conceal the location andcondition of this child.

In October, TCHRD learned that Thubten Samten,originally from Zachukha, Sichuan Province ‘TAP’and a monk from Sera Monastary (Lhasa)disappeared on 23 May 2006. The Chinese ‘workteam’ had warned him for having pictures of theDalai Lama and the Panchen Lama as well as aTibetan national flag. Thubten Samten wassuspected for his possible involvement in numerouswall-posters that appeared in Sera Monastery and incertain areas of Lhasa City.87

prisoner releases and sentencereductions

The release of Nyima Choedron on 26 February88

and the reduction of her husband’s, Bangri ChogtrulRinpoche (Jigme Tenzin Nyima), sentence for thesecond time this year was good news. BangriRinpoche was the founder of Gyatso children’sschool in Lhasa; Nyima was a teacher at the school.The two were arrested in 2000 in connection to the

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arrest of the school’s building contractor, TashiTsering, who tried to raise a Tibetan flag in a mainsquare in Lhasa. The school was shut down andmany on the staff were arrested. Bangri ChogtrulRinpoche was charged with conspiring with TashiTsering and was given a life sentence for “attemptingto split the country”.89 According to Dui HuaFoundation, the Lhasa Intermediate People’s Court,which commuted Bangri Chogtrul Rinpoche’s lifesen-tence for “splittism” to 19 years on 31 July 2003,granted the prisoner a one-year sentence reductionon 17 November 2005. His sentence is now due toexpire on 30 July 202190. He has been transferredfrom Drapchi Prison to Chushul Prison along withother political prisoners.

According to the information known this year,Ngawang Phulchung, a monk of DrepungMonastery and one of the prominent Tibetanpolitical prisoners from late 1980’s received asentence reduction on 22 September 2005. He wasgiven a six-month sentence reduction. Ngawang wascharged with leading fellow monks in pro-independence activities at Lhasa in 1988 and 1989,and received the heaviest sentence of 19 years’imprisonment following the counterrevolution trialof 11 monks by the Lhasa Intermediate People’sCourt in November 1989. Although his othercolleagues imprisoned during the same trial werereleased from prison early after completing theirprison sentence or receiving sentence reductions,Ngawang served over 16 years of his 19-year sentencebefore receiving a six-month sentence reduction.Ngawang is now due to be released from Tibet’sQushui (Chushul) prison on 18 October 2007.91

When eventually released, a former political prisonerwill be discriminated against in employment andfaced with social difficulties as well as psychologicaltrauma of being cloistered and monitored. For many,they need serious long-term medical attention aftertheir release and many simply couldn’t afford the

exorbitant medical expenses. Monks and nuns inparticular find it difficult as they are forbidden fromrejoining monastery and nunnery with authoritiessuspecting they might ‘pollute’ the mind of othermonks and nuns. Problems and traumas are notlimited to the treatment of former political prisonersthemselves; their families, friends and closeassociates, can potentially be affected. The chancesof re-arrest or expulsion are great prior to anyanniversary or major festivals. Palden (a.k.aPhuntsok Namgyal, ordained name), a formerpolitical prisoner who served six years term inDrapchi Prison arrived in exile this year, as he wasunable to bear the continued harassment by theChinese authorities and loss of job have forced himto attempt thrice to escape into exile. His testimonyreflects the problem former political prisoners haveto go through. “During national holidays orceremonies and also when some dignitaries arrive inthe city or whenever a big meeting is taking place, Iwas ordered to leave Lhasa because of which I lostjobs on numerous occasions. In September 2005there was a grand ceremony in Lhasacommemorating 40 years of establishment of the“TAR”. Much in advance I was ordered to leaveLhasa”92

Rinzin Chokey, layname Yangzom, a member ofthe 14-Drapchi singing nuns came into exile last yearafter spending 12 years in prison for her participationin pro-independence demonstration in Lhasa inSeptember 1990, testifies on life after release, “Forany former political prisoners, to find a job to sustaintheir livelihood was like indulging in the wildestfantasy…. For me life after prison was no better. Iwas frequently interrogated, my movement closelymonitored, and I was under the constant watch andsurveillance by the authorities thus depriving mefrom leading a normal life…, I had spent the bestpart of my life in prison for 12 years on the acts ofmy participation in a peaceful demonstration andsecretly recoding the songs in the prison. After the


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release from prison, life offers no hope and happinessfor me. I was convinced that to put an end to mymental trauma and suffering was to escape into exile.Moreover, I had a quest to seek an audience withthe Dalai Lama, breath freedom for myself andreceive education. I escaped into exile leaving behindmy family and country with a heavy heart.”93

The authorities were quick to grab the advantage ofthe poor state of former political prisoners by usingthem as an example to discourage and serve as adeterrent to aspirant political dissidents on riskinvolved in open defiance, resistance and challengingthe authorities. Under such circumstances, manyformer political prisoners make the harrowing choiceto leave their family and homeland and make a newlife in exile.

torture in prison and duringdetention

Protection of the treatment of prisoners is enshrinedin numerous international treaties. Article 7 of theInternational Covenant on Civil and Political Rights(ICCPR) states, “No one shall be subjected totorture or to cruel, inhuman or degrading treatmentor punishment. In particular, no one shall besubjected without his free consent to medical orscientific experimentation.” Additionally, theStandard Minimum Rules for the Treatment ofPrisoners set by the United Nations is a basic set ofguidelines protecting the rights of prisoners. Finally,the Convention Against Torture (CAT) (1988),ratified by China, requires States to prevent tortureand punish those in violation of the law.94 So, itwas a good sign that China allowed a UN SpecialRapporteur on Torture to visit prisons and prisonersin November 2005 as the initial request to performan inspection came ten years prior to the visit.95

Unfortunately, when the report was published this

March, the Special Rappporteur, Manfred Nowak,reported that China failed to accommodate hisrequests to meet and interview prisoners, and hefound that torture and mistreatment of prisoners inTibet, and all of China, continues to be widespread.

The Special Rapporteur found that China violateda number of international treaties, specificallyprisoners’ right to counsel and right to a fair trial.96

Nowak also pointed out that China has failed toamend its own laws to comply with Article 1 ofCAT.97 Of special concern to the Special Rapporteuris the number of confessions extracted from politicalprisoners and the treatment of political prisoners,who are often sentenced to long prison terms,undergo torture, are forced into re-educationprogrammes, and re-education through labour.According to the report, treatment of politicalprisoners violates a number of international humanrights laws and Nowak states that these programmesshould be abolished.98

According to the report, Tibetans constitute 6percent of the torture cases in China.99 During hisvisit to “TAR”, the Special Rapporteur discoveredthat a number of the prisoners he had wanted tointerview at Drapchi Prison had been transferred toChushul Prison (referred to as Quishi in the UNreport) in April 2005. 100 The existence of ChushulPrison was unknown to the Special Rapporteur andnot on his itinerary. Without proper planning, theSpecial Rapporteur was only able to interview 3 ofthe 10 prisoners with whom he requested visits.101

The Special Rapporteur’s conclusion for all threeprisoners was the same:

Since he has been convicted of a politicalcrime, possibly on the basis of informationextracted by torture, the Special Rapporteurappeals to the Government that he bereleased.102

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The Special Rapporteur’s findings were clear:prisoners, especially political prisoners, are frequentlysubjected to torture from the time of detentionthrough imprisonment. Furthermore, prisoners arefrequently discriminated against, are often refusedthe right to practice religion, and are subjected todegrading treatment.103

While the international community rightlyapplauded China for allowing the UN SpecialRapporteur’s investigation, reports are now comingout that one of the prisoners Jigme Gyatso whowas interviewed has been tortured since the interview,apparently as punishment for giving the interview.Jigme has been held in solitary confinement sincethe interview and has also been beaten and tortured(it is unclear if he has been held in isolation withoutreprieve or only for periods).104 According to thearticle, the beatings were such that Jigme Gyatsorequired hospitalization for several weeks and is still“unable to walk properly” as a result of a leg injurysustained during beatings.105 Jigme Gyatso’s case hasbeen addressed before by the United Nations; in2004 the United Nations Working Group onArbitrary Detention found Gyatso was arbitrarilydetained and his arrest violated the UN Declarationon Human Rights.106 The Dui Hua Foundation wasalso able to confirm that Jigme Gyatso’s term hadbeen extended by three years, not two as reportedby the UN Special Rapporteur on Torture, makinghis release date on 30 March 2014.107

In one of the more distressing stories to emerge thisyear, one of the men detained last year in connectionto the burning of a slaughterhouse in Manikengo(Kardze TAP) was released after “he lost both hiseyes [after] beatings by Chinese prison officials”.108

Detainees connected to the slaughterhouse fire havebeen refused medical treatment (see above, “arrestsand detentions”).

Restricted access to the outside world and the lackof effective complaints mechanisms are key factorsallowing the practice to flourish. People accused ofpolitical or criminal offences continue to be denieddue process. Detainees’ access to lawyers and familymembers is severely restricted and trials fall far shortof international standards for fair trial.

The UN report was not the only study released thisyear that found that torture continues in Tibetanprisons. The United State’s annual report on humanrights reached a similar conclusion about thewidespread use of torture in Tibet:

The security apparatus employed tortureand degrading treatment in dealing withsome detainees and prisoners. Tibetansrepatriated from Nepal reportedly sufferedtorture, including electric shocks, exposureto cold, severe beatings, and were forced toperform heavy physical labor. Prisonerswere subjected routinely to “politicalinvestigation” sessions and were punishedif deemed to be insufficiently loyal to thestate. “109

China may be able to claim bias or poor reportingif one study or organization makes a claim for thewidespread use of torture. However, when multiplereports from multiple sources, some as reputable asthe United Nations and the United StatesDepartment of State, find the mistreatment ofTibetan prisoners is systematic, China cannot denythe charges and expect the international communityto believe their claims.

chushul prison: a new prisonfor political prisoners

In 2006, it was discovered that a prison outside Lhasabuilt in the 1960s, but thought to bedecommissioned, has become operational.110 The


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new prison is in Chushul (Ch: Qushui) County, nearNyethang (Ch: Nidang), off the road leading southfrom Lhasa towards Shigatse. The prison has beendescribed as “ very tough and hard for prisoners,even compared to Drapchi prison.”111 It wasconfirmed that, some of the prominent politicalprisoners with long sentences have been transferredand incarcerated in the new Chushul Prison.TCHRD consider this as a new tactic to furthersegregate political prisoners from the general prisonpopulation.112 Some of the prominent Tibetanpolitical prisoners transferred and incarcerated in thenew Chushul Prison are Bangri Chogtrul Rinpochewho is serving 19 years prison term, formerlyimprisoned in Drapchi Prison, Amdo Jigme Gyatsoserving 17 years prison term, formerly imprisonedin Drapchi Prison, Ngawang Phulchung serving 19-years, formerly imprisoned in Drapchi, LobsangTsultrim from Pashoe Drongsar Monastery serving14 years prison term , Lobsang Tenzin serving 18years prison term, formerly imprisoned at PawoTromo Prison and twenty five other politicalprisoners have been transferred to the new prison.

The cells are reportedly smaller with fewer (andhigher) windows than the cells at Drapchi. It wasalso reported that Chushul has more surveillance thanDraphi.113 Furthermore, the UN Special Rapporteuron Torture made these recommendations regardingChushul Prison following their visit to Tibet in 2005that:

prisoners are provided with recreationalactivities; are allowed to conduct religiousworship; the temperature is adequatelycontrolled, particularly in summer andwinter months; and that the quality of foodis improved.

Given the findings of the UN Special Rapporteuron torture and other cruel, inhuman or degradingtreatment or punishment for political prisoners, we

are greatly concerned that China seems to besequestering Tibetan political prisoners in a prisonwith substandard facilities.

In addition to the new prison, there are four majorprisons and three major “reform-through-labour”facilities in the “TAR” alone. Apart from that eachregion has nine detentions centres in them. In July2004, the Chinese Government has constructed anew detention centre in the Ngari region that has acapacity to hold around 200 prison inmates. InSeptember 2005, the Chinese Government hasconstructed a new detention center for juveniles inthe Lhasa area. In 2004, the Chinese Governmentstarted the construction project of detention centresin all parts of the rural and nomadic regions of Tibet.

plight of tibetan refugees -killing and arrest at nangpa lapass

Throughout history, people have fled their homesto escape persecution. Enshrined in Article 14 ofthe 1948 Universal Declaration of Human Rightsis the right “to seek and to enjoy in other countriesasylum from persecution.” This principle recognizesthat victims of human rights abuse must be able toleave their country freely and to seek refuge elsewhere.

In 1950, the Office of the United Nations HighCommissioner for Refugees (UNHCR) was createdto protect and assist refugees, and, in 1951, theUnited Nations adopted the Convention Relatingto the Status of Refugees, a legally binding treatythat, by February 2002, had been ratified by 140countries.

It was a problematic year for Tibetan refugeesresiding in Nepal and those who seek to escape intoexile via Nepal. Generally the escape into exile is a

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daunting and a dangerous task. The most commonlyused route is over the Himalayas, through theNangpa-la Mountain Pass situated in the west ofMount Everest region of Nepal’s Solu Khumbu witha height of 5,716m (18,880 feet) above sea level.On this crossing, Tibetans risk hypothermia, snowblindness, frostbite and the possibility of falling todeath and even killing by border police patrol. Forsome, a twisted kneecap or sprained ankle can meanbeing abandoned by the group or guide. FromNangpa-la Pass, the journey forward to Nepal takesseveral more days and puts the Tibetans at a furtherrisk of arrest and refoulement by border police orrobbery from bandits and Maoist insurgents.

The plight of Tibetans escaping through Tibet-NepalBorder continues despite repeated appeals for a freeand safe transit through Nepal. Arrest, briefdetention, imprisonment, rape, looting, harassment,etc are some of the impending problems Tibetanescaping from Tibet into exile usually face but mostgoes unreported. Despite these problems, on averagebetween 2,000 and 3,000 Tibetans make thedangerous crossing through the Himalayas via Nepalto India each year, seeking refuge every year. A totalof 2445 Tibetan refugees escaped into exile andreached Dharamsala last year114. Of these, majorityare teenagers and novice monks and nuns who seeka religious education that is banned by Beijing;children sent by their parent to study in Tibetan exileschools, feeling that it is their only chance for areasonable education; and nomads and farmers leavebecause they have been relocated from their landfor development projects, like the Lhasa- Gormudrailway.

At the end of 2005, a group of 18 Tibetan refugeswere arrested on 28 November while crossing intoNepal and a separate group of four Tibetans havealso been reported to be arrested.115 All the Tibetansarrested were later released from the KathmanduCentral jail on 8 December 2005 after a huge sum

of monetary fines were paid by the Tibetan RefugeeReception Centre (TRRC) based in Kathmandu.

Another group of 21 Tibetans were arrested by NepalPolice of Dolakha District on 21 July for illegallyentering Nepal without any valid travel document.Most of them are young men from about 16-25years of age.116

In one instance, a group of 26 Tibetans, of which 9were children, started their journey from Lhasa fortheir journey into exile on 15 June 2006 foreducation opportunity. While on their escapejourney, the group lost two Tibetan youths and oneTibetan died due to stomach disorder117. All threewere male and in their twenties. It was not yetknown whether the two lost youth were arrested byChinese police or took different routes. There areno reports on their safety and whereabouts. Theremaining 23 people have safely reached the TibetanReception Centre at Dharamsala.

Around the evening of 16 June at a place nearDhingri in western Tibet, the Chinese border policearrested thirteen Tibetans who were on their wayinto exile to Nepal.118 The fate of those arrested wasunknown.

In another incident, 13 Tibetans after crossing theNepal-Tibet border while trying to enterKathmandu from Bhotechour were stopped by localresidents and then handed over to the police inSindhupalchowk and kept at the Immigration Officeat Tatopani, the bordering town inSindupalchowk.119 The report also said that thelocals even beat up the refugees, suspecting them asmembers of a gang involved in human trafficking.There is no information available on them.

The PRC’s record of human rights abuse of Tibetansin Tibet is no a great secret. The 30 Septemberblatant shooting and killing of fleeing Tibetan


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refugees at the Nangpa La Pass cannot be moreobvious to the international community of China’styrannical regime. This time the world has had theopportunity to witness horrifying killings of thewhole incident from independent sources. In thewords of one of the eyewitnesses, “they were shootingthem like dogs”, said Sergiu Matei, a cameramanfrom Romania who was on his first trip climbingto Cho Oyu, west of Mount Everest and near theborder with Nepal.

The Chinese border patrol frequently arrests Tibetanswho cannot elude capture, and on 30 September2006, the People’s Armed Police (PAP) shot at agroup of 75 Tibetan civilians on Nangpa La Pass,killing at least two people.120 Kelsang Nortso, a 17-year old nun, was shot and killed on the mountain,while Kunsang Namgyal was shot in the legs andthen arrested. PAP officers arrested at least thirtyTibetans, including fourteen children.121 It was thefirst time foreign nationals witnessed anddocumented the firing upon the Tibetan civilianson the pass; however, there have been past reportsthat suggest that Chinese police had previously firedat, and perhaps killed, Tibetans who attempted toleave Chinese-controlled Tibet.122 While thefrequent arrests of Tibetans who attempt to go toIndia via Nepal violate the right to freedom ofmovement, and in some cases the right to seekasylum from persecution, the Nangpa La Passincident demonstrates the extent of China’s humanrights violations in its efforts to prevent Tibetansfrom escaping Chinese repression.

In addition to the UDHR, ICCPR and Conventionon the Elimination of All Forms of RacialDiscrimination (ICERD)123 clearly stipulates that allpeople have the right to leave any country and theright to seek asylum in another country,124 and yetthe Chinese government considers crossing a borderwithout a permit a criminal act, punishable by upto one year in prison.125 While Article 12 of the

ICCPR authorizes some restrictions to the freedomof movement, China’s attempts to justify itsprevention of Tibetans from exiting the country inthe interest of national security illegitimately stretchesthe limitations of the restrictions.126 China mayview Tibetans who attempt to flee the country assecurity threats; however, the government cannotdefend its practices with the idea that exitingTibetans will reach the Tibetan community in exilein India, where refugees find the freedom that hasbeen denied in their homeland. On the contrary,the arrival of Tibetans from Tibet constitutes oneof the main sources of information about theconditions in Tibet, and the refugee communityprovides insight that is critical to the promotion ofhuman rights in Tibet. Consequently, these refugeesdo threaten the Chinese government to the extentthat each refugee illuminates human rights violationsin Tibet as well as the corresponding need for Chinato abandon its restrictive policies and practices.However, such a threat clearly falls outside of thelimitations contemplated by Article 12 of theICCPR127.

In addition to violating Article 13 of the UDHR128

and Article 12 of the ICCPR129, the PAP’s actionsviolated the right to life as established in Article 3of the UDHR and Article 6 of the ICCPR130.Following mounting press for disclosure on thekilling of innocent people at NangpaLa, Beijing wasforced to break it’s silence. The official Chinesemedia said even though frontier soldiers had triedto persuade the Tibetan “stowaways” to return, theyrefused and “attacked” the soldiers, who were then“forced to defend themselves.”131 A Chinese officialaccount attributed one death to oxygen shortage132.However, Matei’s video clearly showed that theTibetans were unarmed and had their backs to thesoldiers. There was no resistance, and Kelsang, theteenage nun, was apparently shot in the back.

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While Article 51 of the UN Charter does enshrine aright to self-defense, the right can be legitimatelyexercised only if a national is under armed attack.133

According to one refugee who survived the incidentand continued safely to Dharamsala, India, via Nepal,none of the group members carried any weapons,and when the first shots rang through the air, thegroup of Tibetans began to run in the snow.134 Thistestimony is supported foreign eyewitnesses whoconfirmed that the Tibetans did not attack thePAP.135 Rather, the officers knelt in the snow, tookaim at the group of civilians, and fired repeatedly,striking and killing at least two members of thegroup.136 Even if the refugees had forcibly resisted,the officers would not have been justified inshooting at them. The 27 July 2006 “Preventionof Human Rights Violations Committed withSmall Arms and Light Weapons” report, submittedby the UN Special Rapporteur Barbara Frey, furtherclarifies the rights of states in self-defense: ‘Article51 of the Charter of the United Nations applies toStates acting in self-defense against armed attacksagainst their State sovereignty. It does not apply tosituations of self-defense for individual persons.” Sheadded that ‘[s]tate officials must refrain fromviolations [of human rights] with small arms.’137

Based on the reports of numerous witnesses, videofootage of the incident, and the conclusions ofseveral governments and human rights organizations,it is almost certain that the Tibetan civilians did notcarry arms or attack the PAP officers.

The international community has made numerouscalls to China to release information regarding thethirty missing people and to punish the PAP officersinvolved, but the calls have gone unheeded. By mid-October, the Canadian Minister of Foreign Affairs,Peter Mackay called for China to conduct anindependent investigation, punish those responsiblefor the shootings and murder, and release the arrestedchildren immediately as dictated by China’sobligation under the UN Convention on the Rights

of Children;138 on 26 October, a resolution passedby the European Parliament called for aninvestigation of the shootings;139 and Human RightsWatch called for an independent investigation intothe shootings. 140 That China has called the actionsof the PAP officers self-defense and has continuedto ignore the calls for an independent investigationis a clear indication Beijing is not working toimprove the human rights situation in China andconstitutes a dereliction of her responsibilities as amember of the Human Rights Council.

In addition to its attempts to prevent Tibetans fromescaping Chinese-controlled Tibet, China has putpressure on the Nepali government to assist Chinain its objective. Nepal abruptly shut down theTibetan Refugee Welfare Office in Kathmandu inJanuary 2005, which, due to an agreement with theUnited Nations High Commissioner for Refugees,had facilitated the process of Tibetan refugeesreaching India.141 Although the Tibetan ReceptionCentre has reopened, it is thought that Chinesepressure caused Nepal to close the office in the firstplace and delay the reopening despite the fact thatTibetans in Nepal had met the government’sconditions for replacing the centre.142 Additionally,the Nepali police have arrested Tibetans for illegallyentering the country, including forty-one who werearrested in January 2006.143 Tibetans who escapeto Nepal face increasing risks of arrest andrefoulement, by which the Nepali police sendTibetans back to the Chinese authorities where theyface almost certain persecution. In March, theUnited States Department of State published a reportthat concluded refuge seekers were subjected totorture after arrest:

Tibetans repatriated from Nepal reportedlysuffered torture, including electric shocks,exposure to cold, severe beatings, and wereforced to perform heavy physical labor.Prisoners were subjected routinely to


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“political investigation” sessions and werepunished if deemed to be insufficiently loyalto the state. 144

While it is beyond the scope of this report to analyzeNepal’s international obligations, China must beheld accountable for pressuring the Nepaligovernment to help it deny Tibetans fundamentalhuman rights, including the right to freedom ofmovement and the right to seek asylum in anothercountry.

right to information: censored

The country’s media outlets are morenumerous and aggressive now, butrepression, carried out jointly by thegovernment departments of propagandaand public security, has increased. Thegovernment of the world’s most populouscountry stresses that it wants to keep itsmonopoly on all news, mainly through thestate-run Xinhua news agency. Censorshiphas been stepped up, penalties increased,many news websites shut down and physicalattacks have escalated. One journalist waskilled by police.145

Reporters Without Borders

China ranked 163rd out of 168 on the 2006, fourplace fall since the 2005 in the Worldwide PressRanking compiled by Reporters Without Borders(Reporters sans Frontieres). And the country remainsone of those where nothing has changed and remainthe worst predators of press freedom.

On the one hand, China’s media outlets are growing,but at the same time repression, carried out jointlyby the government departments of propaganda andpublic security, has also increased. China tightenedits grip on the media in September last year and

banned all reports distributed within the countryby foreign agencies until they had been cleared bythe State146. The PRC government wants to keepits monopoly on all news, mainly through the state-run Xinhua news agency. The new rules give thestate-owned Xinhua the power to censor the foreignnews agencies’ reports in China147. To paraphrase,the censorship has been stepped up, restriction offlow of information increased; many news websitesshut down and physical attacks have escalated.

It came as a shock when Google announced theywould create a Google China site, Google.cn, whichwill censor, through blocking or filtering, websitesand web searches, especially on searches for Tibet,the Dalai Lama, Taiwan, or democracy. Google joinsMicrosoft and Yahoo who also censor their Chinesewebsites. The companies argue that they arecomplying with local law, which they must do tolegally operate in the country.148 The web companies’decision to do so have them assisting China inbreaking international human rights law that protectall people’s right to disseminate information.149

While in Tibet, the PRC authorities continue to bana large number of publications, printed material,distribution of audiovisual materials that comefrom abroad and advocate Tibetan independence.The materials also include locally printedindependent journals, writings dealing with politicalor expressing human rights matters and evenexpressing one’s personal opinion.

Over the past two years, Woeser, a Tibetanintellectual, whose works are banned in China,operated two blogs in which she raised sensitive issuessuch as the Lhasa-Gormud Railway, the 40thanniversary of the Cultural Revolution, HIV/AIDSin Tibet, and other sensitive topics. After her writingswere censored by the government,150 Woeser beganto use the Internet to express herself; however, thegovernment periodically shut down pages of her site,

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and when she began to blog on another listing, itclosed both in late July 2006. Woeser concedesmany reasons for officials being upset with her blogs,including her poem on the Dalai Lama’s 71st birthdayon 6 July posted along with a photo of the religiousleader151. In another instance, she posted 20 CulturalRevolution photos online and Dalai Lama’sstatement made in January urging Tibetans to stopwearing the fur of endangered species and theauthorities were enraged by the swift reaction to theDalai Lama’s speech152. In August 2006 Woeserattempted to post her writings on another forum,but the authorities removed the blog in September.Both Article 19 of the UDHR and Article 19 of theICCPR establish right to freedom of expression andopinion. In his comments on the protection andpromotion of freedom of opinion and expression,then-UN Special Rapporteur Abid Hussein stated:

As regards the impact of new informationtechnology on the right to freedom ofopinion and expression, the SpecialRapporteur considers it of pre-eminentimportance that they be considered in lightof the same international standards as othermeans of communication and that nomeasures be taken which would undulyrestrict freedom of expression andinformation; in case of doubt, the decisionshould be in favour of free expression andflow of information. With regard to theInternet, the Special Rapporteur wishes toreiterate that on-line expression should beguided by international standards and beguaranteed the same protection as isawarded to other forms of expression.153

Similarly, Ambeyi Ligabo, the current UN SpecialRapporteur on the right to freedom of opinion andexpression, stated that it is critical to guaranteefreedom of opinion and expression on the Internetand remove all present obstacles to the free flow of

information.154 The authorities have not onlyignored this demand, but in fact has implementednew and strict policies to ensure their absolute andfull control over the use and exchange of informationthrough internet. While Article 19 of the ICCPRprovides certain restrictions to this right, thegovernment cannot impose its limits in such a wayas to prohibit peaceful political expression.

In addition to violating Woeser’s rights, the ChineseGovernment’s actions violated her readers’ right tofreedom of information. International lawestablishes only a general right to freedom ofinformation; however, the right of access toinformation comes precisely from the expression “toseek [and] receive...information and ideas of allkinds” as contained in Articles 19 of the UDHRand ICCPR.155 Although this right attaches moststrongly to information sought from public bodies,it also covers information from private sources.156

China also moved to restrict tourists in Tibet. Inmid-December, China announced it would imposelimits on expeditions on the Tibetan route to Everestbeginning Spring 2007.157 While Beijing claims thatthe decision was made in preparation for the 2008Olympic Games, it is widely believed that this is areaction to the Nangpa La Pass incident on 30September.158 This is one more attempt to seal offinformation regarding the plight of Tibetan refugees.

Although Chinese citizens enjoy freedom of speech,press and of broadcasting under its constitution, inpractice, the government continues to suppressfreedom of information in a manner that directlycontravenes not only the UDHR and theInternational Covenant on Civil and Political Rights,but also the Constitution159. In the last one year,the PRC authorities have added new legal,administrative, technological and political means ofmonitoring, suppressing free expression andcontrolling and restricting the flow of information


33

in various media and in other word to maintaincomplete control over China’s media and free flowof information in Tibet. Those reporting on sensitiveissues or challenging the state are at enormous riskof dismissal, arbitrary detention or imprisonment.

On 10 September, Xinhua - China’s national newsagency - released new regulations on thedissemination of news and information. The newrules force all foreign reporters to distribute theirreports through Xinhua, which has the power tocensor the reports.160 This is just one more step thatChina is taking to limit its citizens’ access toinformation.

To summarize, freedom of speech and opinion issuppressed in China. No dissident voice is toleratedand all media and communication channels arecontrolled and used as a tool in the CommunistParty’s quest to maintain its power monopoly.

conclusion:

In the 35 years of its UN membership, election tothe new UN Human Rights Council this year andits increasing engagement in the internationalpolitics, Beijing’s human rights policy has becomesophisticated but not softer. PRC has failed toaddress the widespread, systematic human rightsviolations, which continue to occur in Tibet. Thereis need to promote greater transparency, respect forfundamental human rights of the people, strengthensocial justice and most importantly strengthen therule of law and respect the human rights enshrinedin the constitution and international covenants andtreaties that PRC has signed and ratified.Throughout the year Tibet witnessed heightenedrestrictions on the right to freedom of movement,asylum, expression, opinion, assembly andconscience. The incidents of arrests and detentionstaking place across the Tibetan plateau was unabated

during the year. The continuing situation of Tibetansstill facing long-term prison sentences for theirpeaceful political opposition to the Chinese authorityreflects the unchanging situation of Tibetans in theirrights to the freedom of enjoying civil and politicalrights.

TCHRD expresses its concern with those 32Tibetans escapees who were arrested by the ChinesePAP at the NangpaLa Pass on 30 September whereof14 of them are children. The Centre urges theChinese authorities to guarantee that the Tibetansdetained during the incident will not be ill-treatedin detention and be release immediately, and thatinternational human rights and humanitarian lawstandards are being respected. The Centre also urgesthe Chinese authorities to conduct a full investigationinto the events at Nangpa Pass and ensure that thoseresponsible for any crimes committed are broughtto justice.

Endnotes

1 “Beijing pledges ‘a fight to the death’ with Dalai Lama” JaneMacartney in Beijing, Times Online, Tuesday 15 August 2006ht tp : / /www.t imeson l ine . co.uk/a r t i c l e /0 , ,25689-2312796,00.html,

2 “Human Rights Council Election Results”, Reform the UN,09 May 2006, http://www.reformtheun.org/index.php?module=uploads&func=download&fileId=1469, pdf p.1,date accessed: 04 December 2006.

3 “China Told No End to Arms Embargo Until Human RightsImproves”, Tibet News, International Campaign for Tibet, 09February 2006, http://www.savetibet.org/news/newsitem.php?id=909, date accessed: 04 December 2006.

4 United Nations General Assembly, Resolution 60/251, 15March 2006; http://www.ohchr.org/english/bodies/hrcouncil/docs/A.RES.60.251_En.pdf

34


5 “Human Rights Council: Asian Seats”, Human Rights Watch,http://www.hrw.org/un/elections/asia/asia.htm, date accessed:04 December 2006.

6 “ICT Statement: Is China fit for the UN’s Human RightsCouncil?” Tibet News, International Campaign for Tibet, 11April 2006, http://www.savetibet.org/news/newsitem.php?id=946, date accessed: 05 December 2006.

7 “People’s Republic of China high on renewing campaignsagainst peaceful Tibetan dissidents.” Human Rights Update,Volume XI, Number 5, TCHRD, May 2006

8 The details of the meetings were available on the Chinesewebsite http://info.tibet.cn/news/zfzx/dzdt/t20061030_169982.htm

9 “Zhang Qingli becomes new Party chief of Tibet”, Xinhua, 29May 2006, http://news.xinhuanet.com/english/2006-05/29/content_4616959.htm, date accessed: 15 December 2006.

10 “Zhang Qingli ‘elected’ TAR Party Chief ”, Update,TibetInfoNet, 31 October 2006, http://www.tibetinfonet.net/content/update/35, date Accessed: 15 December 2006.

11 “Background on Lhasa City Communist Party Committee”,Human Rights Watch, http://hrw.org/pub/2006/lhasa110606.pdf, date accessed: 27 November 2006.

12 “2005 Annual Report”, Tibetan Centre for Human Rights andDemocracy, Dharamsala, India, 2006, p.5.

13 Ibid, p.13.14 Ibid15 Macartney, Jane. “Beijing pledges ‘a fight to the death’ with

Dalai Lama”, The Times, 14 August 2006, http://www.timesonline.co.uk/article/0,,25689-2312796,00.html,date accessed: 15 December 2006.

16 “Background on Lhasa City Communist Party Committee”,Human Rights Watch, http://hrw.org/pub/2006/lhasa110606.pdf, Date accessed: 27 November 2006.

17 “China: Fewer Tibetans on Lhasa’s Key Ruling Body”, HumanRights News, Human Rights Watch, 7 November 2006, http://hrw.org/english/docs/2006/11/07/china14522.htm, 30November 2006.

18 Ibid19 “The People’s Republic of China Regional Ethnic Autonomy

Law (Chinese and English Text)”, Available on the USCongressional-Executive Committee on China’s “VirtualAcademy” website: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=9507, date accessed: 07 December2006.

20 “Tibet”, in: Annual Report-2006, Congressional-ExecutiveCommittee on China, 29–862 PDF, Washington DC: U.S.Government Printing Office, 20 September, 2006, p. 164.

21 “China recommences ‘patriotic education’ campaign in Tibet’smonastic institutions”, TCHRD Press Release dated 13October 2005

22 International Covenant on Civil and Political Rights (ICCPR)which PRC signed on 5 October 1998

23 UN Doc. E/CN.4/2000/4, Report of the Working Group onArbitrary Detention Follow-up information received from theGovernment of China, 28 December 1999

24 “A Monk scholar sentenced to four years prison term for talking

about Tibetan culture” Human Rights Update, Vol XI Number3, TCHRD, March 2006,

25 “Tibetan Monk Faces Eight Years for Separatism”, Radio FreeAsia, available at http://www.rfa.org/english/news/2006/07/14/tibet_monk/ Saturday July 15, 2006

26 For detail see the list of new arrestees in 2006 at the end of thereport

27 “One of five Tibetans held for slaughterhouse fire freed, blind”,Radio Free Asia, 02 February 2006, Available on TibetInfoNet:http://www.tibetinfonet.net/content/news/10009, dateaccessed: 18 December 2006.

28 “Tibetan released blinded from Prison”, Human Rights Update,Volume XI Number 2, TCHRD, February 2006, available athttp://www.tchrd.org/publications/hr_updates/2006/hr200602.html#police

29 “ Tibetan released blinded from prison”, Human Rights Update,Volume XI Number 2, TCHRD, February 2006, available athttp://www.tchrd.org/publications/hr_updates/2006/hr200602.html#police

30 Ibid31 TCHRD Interview (Pachen Dorjee)32 “Officials Detain Nine Tibetan Residents of Sichuan for Links

to Leaflets, Posters”, Virtual Academy: Human Rights andRule of Law- News and Analysis, US Congressional-ExecutiveCommittee on China, 11 November 2006, http://w w w . c e c c . g o v / p a g e s / v i r t u a l A c a d /index.phpd?showsingle=71551, date accessed: 10 December2006.

33 Ibid34 “Commentary manuscript lands Tibetan youth ten years in

prison”, Press, Tibetan Centre for Human Rights andDemocracy, 25 July 2006, http://www.tchrd.org/press/2006/pr20060725.html, date accessed: 18 December 2006.

35 Article 19, para. of the International Covenant on Civil andPolitical Rights states, “Everyone shall have the right to freedomof expression; this right shall include freedom to seek, receiveand impart information and ideas of all kinds, regardless offrontiers, either orally, in writing or in print, in the form of art,or through any other media of his choice.”

36 “Monks Imprisoned for Discussing Lack of Freedom in Tibet”,Tibet News, International Campaign for Tibet, 09 November2006, http://www.savetibet.org/news/newsitem.php?id=1057,date accessed: 15 December 2006.

37 “Three Buddhist nuns and two monks sentenced followingcalls for no Beijing Olympic Games until Tibet issue ispeacefully resolved “Free Tibet Campaign, Press Release - 6February 2006 see at http://www.freetibet.org/press/pr060206.html Also refer to: “China Jails Tibetans for Railingat Olympics Groups”, Reuters, 7 February 2006, available atPhayul.com, http://www.phayul.com/News/article.aspx?id=11786&t=1&c=1, date accessed: 12 December 2006.

38 “Official information confirms sentence for Tibetan Nun whoput up posters.” CECC posted on 08 November 2006. Alsosee http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=77963

39 “Tibetans given prison term for demanding Beijing Olympics


35

be called up”, Human Rights Update, Volume XI Number 2,TCHRD, February 2006

40 “Official information confirms sentence for Tibetan Nun whoput up posters.” CECC posted on 08 November 2006. Alsosee http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=77963

41 “Long sentences for Tibetan political prisoners for ‘splittist’offences”, Tibet News, International Campaign for Tibet, 12May 2006, http://www.savetibet.org/news/newsitem.php?id=971, date accessed: 18 December 2006.

42 “Students re-educated in Tibetan regions to discourage supportfor Dalai Lama campaign,” Tenzin Chophel, Dossier Tibet,available through LaoGai Research Foundation at: http://www.laogai.org/news/newsdetail.php?id=2588, date accessed:07 December 2006.

43 Ibid44 “Tibetan monk still being held in Kandze”, Phayul, 21 July

2006, http://www.phayul.com/news/article.aspx?id=13314&t=1

45 Ibid46 “Tibetan Monk Faces Eight Years for Separatism”, Radio Free

Asia, 14 July 2006, http://www.rfa.org/english/news/2006/07/14/tibet_monk/, date accessed: 15 December 15, 2006.

47 “Tibetan monk still being held in Kandze”, Phayul, 21 July2006, Available at http://www.phayul.com/news/article.aspx?id=13314&t=1

48 “Monk sentenced to five years term for distributing politicalpamphlets” TCHRD Press Release dated 14 November 2006

49 “Former Tibetan political prisoner served with 12 years prisonterm”, Press statement, Tibetan Centre for Human Rightsand Democracy, 24 November 2006, http://www.tchrd.org/press/2006/pr20061124.html, date accessed: 15 December2006.

50 “Chinese Authorities Detain Five Tibetans for AllegedLeafleting”, Radio Free Asia, 16 June 2006, http://www.rfa.org/english/news/2006/06/16/tibet_karze/

51 Ibid52 “Officials Detain Nine Tibetan Residents of Sichuan for Links

to Leaflets, Posters”, Virtual Academy, Human Rights andRule of Law - News and Analysis, US Congressional-ExecutiveCommission on China, 10 December 2006, http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=71551, date accessed: 15 December 2006.

53 “Tibetan sentenced to four years for carrying small TibetanNational Flag.” Human Rights Update, Vol XI Number 7,TCHRD, July 2006

54 “Rinchen Sangpo, a writer disappeared”, Human Rights Update,Volume XI Number 8, TCHRD, August 2006

55 “A Tibetan monk arrested for allegedly displaying pro-independence poster a year ago”. Human Rights Update, VolumeXI Number 9, TCHRD, September 2006

56 “Officials Detain Nine Tibetan Residents of Sichuan for Linksto Leaflets, Posters”, Virtual Academy, Human Rights andRule of Law - News and Analysis, US Congressional-ExecutiveCommission on China, 10 December 2006, http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=

71551, date accessed: 15 December 2006.57 “Lone Tibetan monk stages demonstration in Lhasa Barkhor

street”, Press Statement, Tibetan Centre for Human Rightsand Democracy, 05 September 2006, http://www.tchrd.org/press/2006/pr20060905.html, date accessed: 13 December2006.

58 “Press Statement by TCHRD at the Press Club of India, NewDelhi”, Press Statement, TCHRD Dated 23 October 2006available at http://www.tchrd.org/press/2006/ps20061023.html

59 While delivering a speech at the upper Tibetan Children VillageSchool founding anniversary on 23 October 2005, the DalaiLama called for the end of use of animal skins especiallyendangered animals.

60 “Skinning the Cat: Crime and Politics of the Big Cat SkinTrade,” Wildlife Protection Society of India and EnvironmentalInvestigation Agency, September 2006, http://www.wpsi-india.org/images/EIA-WPSI_Skinning_The_Cat.pdf, dateaccessed: 04 December 2006, p. 3.

61 “Burning the animal skin revolution sparked in Tibet”, Phayul,18 February 2006, http://www.phayul.com/news/article.aspx?id=11881&t=1&c=1, date accessed: 15 December2006.

62 “Burning of wildlife skins prohibited as tensions rise in Rebkong“, Update, TibetInfoNet, 14 February 2006, http://www.tibetinfonet.net/content/update/3, date accessed: 15December 2006.

63 “Fashion statement of ‘Chubas’ no longer a favorite”, WildlifeTrust of India, 14 April 2006, available online at http://www.w i ld l i f e t ru s to f ind i a . o r g /h tml /ne ws /2006/060414_chuba.html, date accessed: 15 December 2006.

64 “Burning the animal skin revolution sparked in Tibet”, Phayul,18 February 2006, http://www.phayul.com/news/article.aspx?id=11881&t=1&c=1, date accessed: 15 December2006.

65 “Burning of wildlife skins prohibited as tensions rise inRebkong”, Update, TibetInfoNet, 14 February 2006, http://www.tibetinfonet.net/content/update/3, date accessed: 15December 2006.

66 “Tibetan Youth Detained over anti fur campaign”, Radio FreeAsia, 21 February 2006, http://www.rfa.org/english/tibetan/2006/02/21/tibet_fur/, date accessed: 15 December 2006.

67 Ibid68 “Tibetans detained after wave of burning of animal skins

throughout Tibet”, Tibet News, International Campaign forTibet, 24 February 2006, http://www.savetibet.org/news/newsitem.php?id=915, date accessed: 04 December 2006.

69 “China installs paramilitary troops in Tibetan areas”, KyodoNews, 30 March 2006, Available on Phayul.com, http://www.phayul.com/news/article.aspx?id=12222&t=1&c=1,date accessed: 18 December 2006.

70 “Public burning of fur not permitted during Kalachakra inAmdo”, Tibet News Digest, TibetInfoNet, 25 September 2006,http://www.tibetinfonet.net/content/news/10287, dateaccessed: 27 November 2006.

71 “Tibetans detained after wave of burning of animal skins

36


throughout Tibet”, Tibet News, International Campaign forTibet, 24 February 2006, http://www.savetibet.org/news/newsitem.php?id=915, date accessed: 15 December 2006.

72 “Burning of wildlife skins prohibited as tensions rise inRebkong”, TibetInfoNet Update, 14 February 2006, availableat http://www.tibetinfonet.net/content/update/3, dateaccessed: 13 December 2006

73 Tenzin Chophel, “Students re-educated in Tibetan regions todiscourage support for Dalai Lama campaign,” Dossier Tibet,available through LaoGai Research Foundation at: http://www.laogai.org/news/newsdetail.php?id=2588, date accessed:07 December 2006.

74 “How an exile defies China”, Hilton, Isabel, The Guardian, 22August 2006, http://www.guardian.co.uk/comment/story/0,,1855318,00.html, date accessed: 15 December 2006.

75 “Skinning the Cat: Crime and Politics of the Big Cat SkinTrade,” Wildlife Protection Society of India and EnvironmentalInvestigation Agency, September 2006, http://www.wpsi-india.org/images/EIA-WPSI_Skinning_The_Cat.pdf, dateaccessed: 04 December 2006, pp. 9-11.

76 Ibid77 Jackson-Han, Sarah, “Tibetans Stage Rare Public Protest in

Lhasa”, Radio Free Asia, 08 November 2006, http://www.rfa.org/english/news/2006/11/08/tibet_protest/, dateaccessed: 13 December 2006.

78 Ibid79 Ibid80 Fan, Maureen, “China Tightening Control over Tibet”, The

Washington Post, 05 August 2006, http://www.washingtonpost.com/wp-dyn/content/article/2006/08/04/AR2006080401471.html?nav=emailpage, date accessed: 18December 2006.

81 Ibid82 Macartney, Jane. “Beijing pledges ‘a fight to the death’ with

Dalai Lama”, The Times, 14 August 2006, http://www.timesonline.co.uk/article/0,,25689-2312796,00.html,date accessed: 15 December 2006

83 Ibid84 International covenant on Civil and Political Rights (ICCPR)

and International Covenant on Economic, social and CulturalRights (ICESCR). China signed and ratified ICESCR andonly signed ICCPR and yet to ratify it.

85 UN Declaration on the Protection of all Persons from EnforcedDisappearance adopted by General Assembly resolution 47/133 on 18 December 1992

86 UN Declaration on the Protection of all Persons from EnforcedDisappearance adopted by General Assembly resolution 47/133 of 18 December 1992

87 “Tibetan monk disappears, whereabout unknown”, Press,Tibetan Centre for Human Rights and Democracy, 16 October2006, http://www.tchrd.org/press/2006/pr20061016.html,date accessed: 15 December 2006.

88 “China releases Nyima Choedon serving ten years prison term”TCHRD Press Release dated 29 June 2006 available at http://www.tchrd.org/press/2006/pr20060629.html

89 Ibid

90 “Dui Hua Executive Director Attends Trials, Explores JudicialOpenness; Clemency Granted to Tibetan Monk, LaborActivist” Dated 28February 2006. Available at http://www.duihua.org/press/statements/press_on_China_Trip060228.htm

91 “Official Responses Reveal Many Sentence Reductions”,Dialogue, DuiHua Foundation, Issue 25, Fall 2006, p. 2.

92 “Newly arrived former political prisoner speaks of policebrutality” Human Rights Update, Vol XI, No. 2, TCHRD,February 2006, available at http://www.tchrd.org/publications/hr_updates/2006/hr200602.html#police

93 “Drapchi singing nun” Rinzin Chokey arrives in exile” HumanRights Update, Vol XI, No. 5, TCHRD, May 2006, degradingtreatment or punishment: Mission to China,” UN Doc E/CN.4/2006/6/Add.6, 10 March 2006, p. 15.

94 Nowak, Manfred. Report of the Special Rapporteur on tortureand other cruel, inhuman or degrading treatment orpunishment: Mission to China,” UN Doc E/CN.4/2006/6/Add.6, 10 March 2006, p. 15.

95 Nowak, Manfred. Report of the Special Rapporteur on tortureand other cruel, inhuman or degrading treatment orpunishment: Mission to China,” UN Doc E/CN.4/2006/6/Add.6, 10 March 2006, p. 5.

96 Ibid, p. 23.97 Ibid, pp. 15-16.98 Ibid, pp. 18-19.99 Ibid, p. 6.100 Ibid, p. 46.101 Ibid, p. 47.102 Ibid, pp.47-48.103 Ibid, pp.17-19.104 “Fears for welfare of Tibetan prisoner following meeting with

UN Rapporteur”, Tibet News, International Campaign forTibet, 01 December 2006, http://www.savetibet.org/news/newsitem.php?id=1065, date accessed: 02 December 2006.

105 Ibid106 Ibid107 “New Research and Prisoner Responses”, Dialogue, Dui Hua,

Issue 25, Summer 2006, p. 6, http://www.duihua.org/our_work/publications/newsletter/current_issue/nl_25-6.pdf,date accessed: 06 December 2006.

108 “One of five Tibetans held for slaughterhouse fire freed, blind”,Radio Free Asia, 02 February 2006, Available on TibetInfoNet:http://www.tibetinfonet.net/content/news/10009, dateaccessed: 18 December 2006.

109 “China (includes Tibet, Hong Kong, and Macau)”, in: CountryReports on Human Rights Practices - 2005, Bureau ofDemocracy, Human Rights, and Labor, US Department ofState, 8 March 2006, available at: http://www.state.gov/g/drl/rls/hrrpt/2005/61605.htm, date accessed: 15 December15, 2006.

110 “New Prison in Lhasa: More Oppressive”, Tibet Press Watch,International Campaign for Tibet, 18(1), p.9.

111 “New prison in Lhasa: increased surveillance for politicalprisoners, ‘oppressive’ cell-blocks”, Tibet News, InternationalCampaign for Tibet, 20 January 2006, http://


37

www.savetibet.org/news/newsitem.php?id=896, date accessed:23 November 2006.

112 TCHRD Interview with newly arrived former Tibetan politicalprisoner Pachen Dorjee in December 2006

113 “New prison in Lhasa: increased surveillance for politicalprisoners, ‘oppressive’ cell-blocks”, Tibet News, InternationalCampaign for Tibet, 20 January 2006, http://www.savetibet.org/news/newsitem.php?id=896, date accessed:02 December 2006.

114 Tibetan Reception Centre for Refugees, McleodganjDharamsala (The data was collected for the period between 1January 2006 to 31 December 2006)

115 “Tibetan refugees continue to face hardships while on transitthrough Nepal”; Human Rights Update, Vol XI, No 1, TCHRD,January 2006

116 “Nepal Police arrest & detain 21 Tibetans for illegal entry”;Tenzin Choephel Phayul correspondent www.phayul.comWednesday, 26 July 2006

117 “One died, two lost while fleeing into exile” Human RightsUpdate, Vol. XI, No 7, TCHRD, July, 2006, http://w w w. t c h rd . o r g / p u b l i c a t i o n s / h r _ u p d a t e s / 2 0 0 6 /hr200607.html#exile

118 “Chinese Police arrest 13 Tibetans fleeing into exile” Phayulcorrespondent available at www.phayul.com Wednesday, 12July 2006

119 “13 Tibetan asylum-seekers arrested in Sindhupalchowk”Nepalnews.com, available at http://www.nepalnews.com/archive/2006/nov/nov25/news06.php Saturday, 25 November2006

120 TCHRD Interview; “Tibetans Survive Border Guards…”121 “China: Permit Independent Investigation into Shooting of

Tibetan Refugees”, Human Rights News, Human Rights Watch,26 October 2006, http://hrw.org/english/docs/2006/10/26/china14460.htm, date accessed: 18 December 2006.

122 “Tibetan Children in Chinese Custody After Shooting atNangpa Pass”, Tibet News, International Campaign for Tibet,09 October 2006, http://www.savetibet.org/news/newsitem.php?id=1037, date accessed: 18 December 2006.

123 Article. 5 (d) (ii) of the ICERD, “The right to leave any country,including one’s own, and to return to one’s country”

124 Article 13 of the UDHR and article 12 of the ICCPR establishthe international right to freedom of movement, which grantsevery individual the right to freely leave and return to his orher country. UDHR article 14 grants every individual theright to seek asylum from persecution in other countries.

125 “Rights group wants China Tibetan shooting inquiry”, Reuters,27 October 2006, available at http://in.today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2006-10-27T071628Z_01_NOOTR_RTRJONC_0_India-273833-2.xml&archived=False OR Can be accessed at http://www.phayul.com/news/article.aspx?id=14478&t=1&c=1

126 ICCPR Article 12 authorizes some restrictions, they must beprovided by law and must be necessary to protect nationalsecurity, public order, public health or morals or the rightsand freedoms of others, and be consistent with the otherrights recognized in the ICCPR.

127 Article 12 of the ICCPR states that, “1. Everyone lawfullywithin the territory of a State shall, within that territory, havethe right to liberty of movement and freedom to choose hisresidence. 2. Everyone shall be free to leave any country,including his own. 3. The above-mentioned rights shall not besubject to any restrictions except those which are provided bylaw, are necessary to protect national security, public order(ordre public), public health or morals or the rights andfreedoms of others, and are consistent with the other rightsrecognized in the present Covenant. 4. No one shall bearbitrarily deprived of the right to enter his own country. “

128 Article 13 of the UDHR states that;”1 Everyone has the rightto freedom of movement and residence within the borders ofeach state. 2) Everyone has the right to leave any country,including his own, and to return to his country.” 3. Theabove-mentioned rights shall not be subject to any restrictionsexcept those which are provided by law, are necessary to protectnational security, public order (ordre public), public health ormorals or the rights and freedoms of others, and are consistentwith the other rights recognized in the present Covenant. 4.No one shall be arbitrarily deprived of the right to enter hisown country.”

129 Article 12 of the ICCPR states that; “1. Everyone lawfullywithin the territory of a State shall, within that territory, havethe right to liberty of movement and freedom to choose hisresidence. 2. Everyone shall be free to leave any country,including his own.

130 Article 6 Part 1 of the ICCPR states that, “1. Every humanbeing has the inherent right to life. This right shall be protectedby law. No one shall be arbitrarily deprived of his life.”

131 “ Stowaway case thwarted in Tibet”, Xinhua News, 13 October,2006 Available at http://english.people.com.cn/200610/13/eng20061013_311337.html

132 Ibid133 “Charter of the United Nations,” Available on UN website:

http://www.un.org/aboutun/charter/, date accessed: 18December 2006.

134 TCHRD Interview135 “Tibetans, Westerners Describe Deadly Shooting at China-

Nepal Border”, Radio Free Asia, 13 October 2006, http://www.rfa.org/english/tibetan/2006/10/13/tibet_shooting/,date accessed: 18 December 2006.

136 Ibid137 Ibid138 “Canada condemns Chinese soldier killing of Tibetan refugee”,

AFP, Students for a Free Tibet, Canada, 19 October 2006,http://sftcanada.wordpress.com/2006/10/18/canada-condemns-chinese-soldier-killing-of-tibetan/, date accessed:18 December 2006.

139 “European Parliament wants full investigation of Tibetanshootings”, Tibet News, International Campaign for Tibet,http://www.savetibet.org/news/newsitem.php?id=1046, dateaccessed: 18 December 2006.

140 “Rights group wants China Tibetan shooting inquiry”, Reuters,27 October 2006, available on Unrepresentative Nations andPeoples Organization, http://www.unpo.org/article.php?id=

38


5712, date accessed: 18 December 2006.141 “China” in World Report 2006, Human Rights Watch, Available

online at: http://hrw.org/wr2k6/, date accessed: 18 December2006.

142 Ibid143 “Nepal Police Detain 41 Tibetans”, Phayul, 22 January 2006,

Available on TibetInfoNet, http://www.tibetinfonet.net/content/news/10006, date accessed: 18 December 2006.

144 “China (includes Tibet, Hong Kong, and Macau)” CountryReports on Human Rights Practices - 2005, Bureau ofDemocracy, Human Rights, and Labor, US Department ofState, 8 March 2006.

145 “Worldwide Press Freedom Index 2006,” Reporters WithoutBorders, 23 October 2006, http://www.rsf.org/article.php3?id_article=19382, date accessed: 02 December 2006.

146 “Chinese censors tighten rules to stop foreigners spreadingnews”, The Times, By Jane Macartney in Beijing, Monday, 11September 2006

147 “New regulations reinforce Xinhua’s control over foreign newsagencies” Reporters Without Borders, [Tuesday, 12 September2006, available at http://www.rsf.org/article.php3?id_article=15172

148 McDonald, Joe, “Google defends cooperation with China”,AP, 12 April 2006, Phayul.com. Available at http://www.phayul.com/news/article.aspx?id=12328&t=1&c=1,date accessed: 18 December.

149 Article 19 of the UDHR states, “Everyone has the right tofreedom of opinion and expression; this right includes freedomto hold opinions without interference and to seek, receive andimpart information and ideas through any media and regardlessof frontiers. Article 19 para 2 of the ICCPR states, “Everyoneshall have the right to freedom of expression; this right shallinclude freedom to seek, receive and impart information andideas of all kinds, regardless of frontiers, either orally, in writingor in print, in the form of art or through any other media of hischoice.”

150 “China: Tibetan Intellectual’s Blog Shuttered,” Human RightsWatch, 9 October 2006, available at http://www.hrw.org/english/docs/2006/10/09/china14364.htm, date accessed: 18December 2006.

151 “Unfree thinker”, South China Morning Post By Paul MooneyThursday, 04 January 2007 posted on Asia Media available athttp://www.asiamedia.ucla.edu/article.asp?parentid=60240

152 Ibid153 Report of the Special Rapporteur on the promotion and

protection of the right to freedom of opinion and expressionto the U.N. Commission on Human Rights, 29 January 1999,E/CN.4/1999/64.

154 Report of the Special Rapporteur on the promotion andprotection of the right to freedom of opinion and expressionto the U.N. Commission on Human Rights, 17 December2004, E/CN.4/2005/64*, para. 57: The Special Rapporteurbelieves that guaranteeing freedom of opinion and expressionon the Internet and other new communication tools is thecentral challenge for the future. The achievement of a globalinformation society, in which the poor can also have access to

modern technologies, may represent a leap for ward formankind, opening new paths for human and economicdevelopment

155 United Nations Universal Declaration of Human Rights,Article 19 and International Covenant on Civil and PoliticalRights, Article 19.

156 Report of the Special Rapporteur on the promotion andprotection of the right to freedom of opinion and expressionto the U.N. Commission on Human Rights, 17 December2004, E/CN.4/2005/64*.

157 “China puts curb on Tibet route to Everest”, IANS, availableat PhayuI.com, 13 December 2006, http://www.phayul.com/news/article.aspx?id=15069&article=China+puts+curbs+on+Tibet+route+to+Everest, date accessed: 15 December 2006.

158 Ibid159 Article 19 and 35 of the constitution of the PRC Article 19

states, The state develops socialist educational undertakingsand works to raise the scientific and cultural level of the wholenation. The state runs schools of various types, makes primaryeducation compulsory and universal, develops secondary,vocational and higher education and promotes pre-schooleducation. The state develops educational facilities of varioustypes in order to wipe out illiteracy and provide political,cultural, scientific, technical and professional education forworkers, peasants, state functionaries and other workingpeople. It encourages people to become educated throughself- study. The state encourages the collective economicorganizations, state enterprises and undertakings and othersocial forces to set up educational institutions of various typesin accordance with the law. The state promotes the nationwideuse of Putonghua (common speech based on Beijingpronunciation). Article 35 states, Citizens of the People’sRepublic of China enjoy freedom of speech, of the press, ofassembly, of association, of procession and of demonstration.

160 “China tightens grip on information”, Tibet News Digest,TibetInfoNet, 10 September 2006, http://www.tibetinfonet.net/content/news/10276, date accessed: 18 December2006.

39

RELIGIOUS FREEDOM

2006 witnessed the escalation of repression by theChinese authorities in relation to freedom of religionin Tibet, inviting condemnation from governmental,inter-governmental and non-governmental bodies.The European Parliament expressed its deep concernin relation to the intensification of the patriotic re-education campaign1 and deplored “the contradictionbetween the constitutional freedom of belief...andthe ongoing interference of the State in the affairsof religious communities”.2 The UK Foreign andCommonwealth Office continued to list Chinaamong its major countries of concern and expressedparticular concern over the repression of religiousfreedom in Tibet;3 whilst the US governmentcontinued to report a high level of religiousrepression in Tibet4 and announced that it wasredesignating China as a ‘Country of ParticularConcern for Severe Violations of ReligiousFreedom’.5

Throughout 2006, TCHRD reported on incidentswhich evidence the perpetuation and escalation ofreligious repression in Tibet. In this chapter, wehighlight the most prominent of these and focuson the Chinese authorities’ intensification of controlover religion, for example, through theimplementation of the new religious regulations(which came into effect in March 2005) and thereinvigoration of the patriotic education campaign.

freedom of religion as a basichuman right

The Chinese authorities recognise that freedom ofreligion represent[s] a basic human right6

[as] provided for in the United NationsCharter7, the Universal Declaration ofHuman Rights8, the InternationalCovenant on Economic, Social andCultural Rights, the International Covenanton Civil and Political Rights9 and theVienna Declaration and Programme ofAction.10

However, the authorities fail to respect this right inpractice. It is maintained that freedom of religionis protected by the Chinese Constitution and inlegislation and that these legal safeguards areconsistent with the spirit and main provisions ofinternational agreements.11 However, as has beendemonstrated once again in 2006, this is not thecase in Tibet where constitutional, legal andadministrative provisions operate to restrict ratherthan protect religious freedom.

Article 36 of the Constitution states:Citizens of the People’s Republic of Chinaenjoy freedom of religious belief. No Stateorgan.. may... discriminate against citizenswho believe in, or do not believe in, any

40


religion. The State protects normalreligious activities. No one may make useof religion to engage in activities thatdisrupt public order, impair the health ofcitizens or interfere with the educationalsystem of the State. Religious bodies andreligious affairs are not subject to anyforeign domination.

Although it is claimed that Article 36 of theConstitution guarantees the protection of religiousfreedom, the opposite is in fact the case. The UnitedStates Commission on International ReligiousFreedom concluded, after its visit to China in 2005,that

the space for...greater civil and individualfreedoms is narrowing in China. Over thepast year, the Communist Party hastightened its control over religiousleaders...[and] view pressure to guaranteeindividual and political rights as evidenceof a plot to Westernize and split China.12

The Commission cited a speech given by PresidentHu Jintao to the Central Committee of the ChineseCommunist Party (CPC) in September 2004warning against “hostile forces...using the banner ofpolitical reform to promote...parliamentarydemocracy, human rights and the freedom of thepress”.13 It is against this background of suspicionin relation to human rights that the Chineseauthorities’ claims that the right to freedom ofreligion is respected must be viewed.

banning of religious days

Religious ceremonies are restricted in Tibet.Prohibitions continue to be in place for importantdays like Saka Dawa14, Gaden Ngamchoe,15 birthdayof the Dalai Lama and the 11th Panchen LamaGedun Choekyi Nyima. CCP and the government

circulate official notices prohibiting individuals andgroups to refrain from religious activities. A jointnotice issued by the Lhasa City Party Secretary Officeand the Lhasa Governor Office on 12 Decemberthis year clearly prohibited the Party members, civilservants, staff, public institutions (schools, banksetc), vocational centres, students and retired civilservants not to participate or even see the activitiesof Gaden Ngamchoe anniversary.16 It was warnedthat those failing to abide by the official notice wouldbe served with salary cut, etc. For the retired Tibetansthis is especially difficult because of their faith inreligion yet their faith restricted by official strictures.Similar restrictions are also in place during otherimportant religious ceremonies like Saka Dawa.Individual reports from Tibet confirm that Tibetansengaging in small businesses like selling incense andjuniper leaves are searched thoroughly and theirgoods confiscated prior to religious days. Absoluteban on the celebration of birthdays of the Dalai Lamaand the 11th Panchen Lama continue.

the anti-dalai lama campaign

The population of Tibet, according to the 2000census, was 5,354,540, with about 2.4 millionTibetans living in the so-called “Tibet AutonomousRegion” (“TAR”) and about 2.9 million Tibetansliving in Tibetan prefectures and counties outsidethe “TAR”. Most Tibetans practice TibetanBuddhism17 and the important role played byreligion in Tibetan culture has long beenrecognized.18 The Dalai Lama, as the spiritual leaderand most important figure in Tibetan Buddhism, iscentral to Tibetan Buddhists’ religious practice. In2006, however, the authorities continued to suppressany religious activity venerating him, perceiving thisto be evidence of “splittism” (support for Tibetanindependence).19 The authorities perceive “ferventreligious practice” among Tibetans as “animpediment to economic modernization and an

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41

organizational pole around which terrorists or‘splittists’ may gather”.’20 Although possessing ordisplaying pictures of the Dalai Lama is nottechnically prohibited in Chinese law, however, inpractice it is officially banned in Tibet. Chineseofficials also openly admit their view that the DalaiLama’s influence must be eliminated.21

The Chinese authorities heightened their efforts atundermining the influence of the Dalai Lama in2006 with Zhang Qingli, now the leadingcommunist party official in the “TAR”,22 describinghim as “commander in chief of the splittist cliqueplotting ‘Tibet’s independence’” and “a trueinstrument of the international anti-China forces”;23

as well as claiming that “[t]he Dalai Lama used tobe an acknowledged religious leader...but what hehas done makes him unworthy of the title”24 anddescribing him as “the biggest obstacle hinderingTibetan Buddhism from establishing normalorder”.25 This “defamation of the Dalai Lama” bythe Chinese authorities was criticized at the HumanRights Council.26

The Chinese authorities attempt to eliminate theDalai Lama’s influence and tightly control religiousactivity in Tibet by monitoring the activities andeducation of monks and nuns and requiring thatthey denounce the Dalai Lama as the spiritual leaderof Tibetan Buddhists. Then control monasteriesthrough government-approved managementcommittees, insisting upon approving the selectionand training of reincarnate lamas, controllingreligious publications, and placing tight restrictionsupon religious celebrations.27

the reinvigoration of patriotic(re-)education

From 2005 there was a renewal of the patrioticeducation of monks and nuns leading to the

expulsion from monasteries and nunneries of thosewho refused to denounce the Dalai Lama, acceptthe legitimacy of the Chinese appointed PanchenLama or accept that Tibet has always been a part ofChina.28

The perceived need for the renewal of patrioticeducation was heightened in the wake of a conferenceof leading party cadres of the “TAR” Committee ofthe CPC that was held on 15 and 16 May 2006.The Tibet Daily reported that the focus of theconference was to “to discuss and draw up a plan onthe specific issue of fighting against splittism”. Itwas reported that Zhang Qingli emphasized thenecessity of deepening the “understanding of thegrim situation of Tibet’s present stability” anddepicted the struggle against the Dalai Lama, whoseclique had been “stirred up” by “hostile forces of theWest”, as “a struggle of life and death”. He said that“patriotic education” needed to be “resolutely andvigorously carried out” in the monasteries, “theirdemocratic administration committees overhauledand consolidated” and that it must be ensured that“the power of authority...is firmly in the hands ofreligious personnel who are patriotic and lovereligion”. He signaled that the Regulations onReligious Affairs should be implemented and thatthe constitution and the law should “enter into themonasteries” and “enter into the heads of monksand nuns”.29 Six steps were put forward as a meansof “striking hard30 against political activities in Tibet”including the intensification of striking hard againstseparatists and the separatist movement; theintensification of the patriotic re-educationcampaign in monastic institutions; and striking hardagainst those violating state security.31

Patriotic education was again emphasized at the firstplenary session of the seventh congress of the “TAR”Committee of the CPC in October 2006, when itwas confirmed that among the party’s top prioritieswas keeping separatist activities in check. It was said

42


that “education on patriotism will be promotedamong the region’s temples to ensure that religiousleaders love their country”.32 It is clear then that theChinese authorities view patriotic education as acrucial means of controlling religious institutions,thereby controlling the practice of religion, in Tibet.

The dire impact of patriotic education upon the livesand education of monks and nuns is evident fromthe testimonies of those who have fled Tibet.TCHRD reported on a number of such cases in2006. One monk, for instance, confirmed that athis monastery in Lhasa, from which he and othermonks were expelled after they refused to denouncethe Dalai Lama, all monks had to study CommunistParty-approved texts and attend patriotic re-education classes for 8 hours a day, leaving little timefor the study of Buddhist scriptures. After beingexpelled, they were prevented from re-joining theirown or other monasteries and faced constantharassment and surveillance, eventually leading totwo of them renouncing their monkhood.33

Similarly, a nun who arrived in Nepal from Tibetin April 2006 confirmed that in 1996, she and 38other nuns were expelled from Podo nunnery inPhenpo Lhundrub County, “TAR” by work teamofficials because they refused to denounce the DalaiLama. They too were deprived of their religiouseducation as they were prevented from re-joiningtheir own or other nunneries. The nun returned toher nunnery unofficially for a few months at a timewhen work teams were not present but she reportedthat even this became impossible in 2005 given theincreasing control over religious institutions.34 Inanother account, a monk who fled Tibet in late 2005in advance of the reinvigoration of patrioticeducation at Ganden Monastery and as a result ofhis fears of ill-treatment following the death ofanother monk, Ngawang Jangchub, at DrepungMonastery in October 2005 (after a heated disputewith the monastery’s work team over his refusal todenounce the Dalai Lama),35 expressed his view that

..while [the authorities] are happy to havemonasteries populated by monks, they aimto have museum-like monasteries...So fromthe outside it looks like there is religiousfreedom...But basically the authorities see themonks as a potential threat to theCommunist Party and the state... 36

The patriotic education campaign was also used bythe authorities outside of religious institutions in2006. It was reported by The Times London thatjunior and senior civil servants in Lhasa andsurrounding rural counties have been required towrite 5,000 and 10,000 character condemnationsof the Dalai Lama37. Similarly, The Washington Postreported that “thousands of government workers inPhenpo” were required to write such criticisms.38

There has been widespread disapproval of the useof patriotic education in Tibet,39 including at theUN Human Rights Council where concern wasexpressed about the “ongoing serious abuses ofreligious freedom in China” in the light of theintensification of the patriotic educationcampaign.40

the regulations on religiousaffairs

The authorities’ control over religious institutionsin Tibet has also been strengthened by theRegulations on Religious Affairs which came intoeffect in March 2005. The US State Departmentconfirms that

The regulations’ preamble state[s] that theprovisions aim to protect freedom ofreligious belief, maintain harmony betweendifferent religions and society, and regulatereligious affairs throughout the country.41

The authorities reportedly “heralded [theregulations]....as ‘a significant step forward in the

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protection of Chinese citizens’ religious freedom’”;however, when they were officially implemented, asenior State official emphasized that the primarygoal of the regulations was to help expandgovernment management of religious affairs.42 Theauthorities also see the regulations as “a legal weaponto resist foreign forces” taking advantage of religionto infiltrate the country’43 and a means to“strengthen the management of religious work byinspecting monasteries to look for elements ofinstability, enforce controls and collect data onmonks and nuns who illegally enter and exit theregion”.44 The United States Commission onInternational Religious Freedom concluded, after theregulations had been in force for over a year that“[they] were issued in large measure to regularizethe management of religious affairs, thus offeringParty leaders more extensive control over all religiousgroups and their activities”, 45 whilst Human RightsWatch concluded that they have

not created a space for the free exercise ofreligion that was promised...instead,Chinese citizens who engage in the mostbasic religious activities can still findthemselves arrested, in jail, or underthreat.46

Repression of religious freedom is set to be greaterin 2007 with the implementation of “TAR”-specificregulations on religious affairs. The new ReligiousAffairs Regulations for the “TAR” will beimplemented w.e.f 1 January 2007, according toTenzin Namgyal, the Head of “TAR” Nationalityand Religious Affairs Bureau.47 The said regulations,which comprise of 56 articles with 5 chapters, havebeen drafted on the basis of the ChineseConstitution and Religious Affairs Regulationspromulgated by the State Council in March 2005.The regulations will aim at curbing Tibetannationalism, and curb “unlawful” religious activitiesby the monastic community in Tibet. It is boundto be implemented with the sole aim of harnessingloyalty to the state by the monastic community.

the panchen lama

During 2006, the Chinese authorities “routinelyasserted control over the process of identifying andeducating reincarnated lamas” and restricted contactbetween them and the outside world.48 This wasevident at the recent enthronement of the 7th AalakGunthang at Labrang Tashikyil Monastery in Amdo.The authorities reportedly “strongly interfered” inhis selection in 2004 and his enthronement wascarried out under strict surveillance with over 1000-armed soldiers deployed in and around themonastery premises.49

The authorities also maintained their refusal to revealthe whereabouts of the now 17-year-old 11thPanchen Lama, Gendun Choekyi Nyima, animportant figure in Tibetan Buddhism. Hedisappeared over 11 years ago on 17 May 1995shortly after recognition by the Dalai Lama and,much to the authorities’ annoyance, has been termed“the world’s youngest political prisoner”.50 During2006, the authorities stepped up their efforts atpromoting Gyaltsen Norbu, the boy officiallyappointed as Panchen Lama after Gendun ChoekyiNyima’s disappearance.51 They also pressurizedmonks to sign statements pledging allegiance to him,urged Communist Party members to support himand continued to ban pictures of the Dalai Lama-appointed Panchen Lama who the overwhelmingmajority of Tibetans recognize as the true PanchenLama.52 Because of the official ban, display ofportraits of Gendun Choekyi Nyima is not seen inmonasteries and individual homes. Showing a strongsilent protest, Tibetans do not display pictures ofGyaltsen Norbu either to show their allegiance tothe Dalai Lama’s appointment. As a mark ofdevotion to the Panchen Lama, Tibetans insteaddisplay pictures of the late 10th Panchen Lama whopassed away in 1989.

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The international community continued to pressurethe Chinese authorities in relation to the whereaboutsof Gendun Choekyi Nyima in 2006 but withoutsuccess. In November 2005, the UN Committeeon the Rights of the Child recommended that anindependent expert be allowed to confirm his wellbeing53 after receiving information from the Chineseauthorities confirming he was an ordinary Tibetanchild who was “living a normal, healthy lifein China”.54 In April 2006, a senior Canadian officialmade an unsuccessful attempt to gain access to thePanchen Lama.55 In a written statement to Reuters,the authorities claimed that the Gendhun ChoekyiNyima was “no reincarnation of the Panchen Lama”but “just an ordinary boy” who “lives a normal happylife and is receiving a good cultural education”.56 Theissue was raised at the United Nations WorkingGroup on Enforced or Involuntary Disappearancesof the UN Commission on Human Rights in April2006. The Working Group noted that its session“coincided with the 17th birthday of the PanchenLama who disappeared when he was only 6 yearsold” and indicated that it “would appreciate beingprovided by the Government of China withdocuments supporting its statement that he and hisparents had appealed to the Government forprotection and were ‘leading normal lives andenjoying perfect health.’”57 The issue was furtherraised at the UN Human Rights Council inSeptember 2006, when a group of nine NGOsexpressed their deep concern about the disappearanceof the Panchen Lama and his parents,58 and by theEuropean Parliament which expressed its concernover the situation in Tibet, and in relation to thePanchen Lama in particular, after the visit of thePresident to Beijing, Lhasa and Shanghai in July2006.59 The European Parliament also expressed itssupport for the recommendation of the UNCommittee on the Rights of the Child.60

In April 2006, China hosted the World BuddhistForum, its first international religious forum since

the founding of the People’s Republic of China. Theforum was reported to have been timed “to coincide with the Christian festival of Easter...apparentlyto send a message of China’s greater religioustolerance to [the] church-going U.S.President...ahead of his summit with ChinesePresident Hu Jintao” later in April61 and wasdenounced as ‘’’cynical propaganda’ aimed atsugarcoating religious repression in Tibet”.62 TheDalai Lama was not invited to the forum and it wasclaimed by the Vice President of the ChineseReligious Culture Communication Association, QiXiaofei, that this was because he would “pose a reallydisharmonious note to the general harmonious toneof the forum”.63 The Chinese authorities made itschoice of Panchen Lama the figurehead of what wasreported to be a “carefully scripted forum”64 and hegave a speech in which he said that “Defending thenation and working for the people is a solemncommitment Buddhism has made to the nation andsociety”. 65 It was reported, however, that he appearedto be shunned by delegates at the forum.66 Beijing’sdesperate attempt to promote its choice of PanchenLama and the politicization of the institution isknown thoroughly by the conferees. The absenceof the Dalai Lama, a world statesman and consideredthe ultimate authority on Buddhism, is noted bythe international community and thus the validityof the World Buddhist Forum became questionable.

arrest and detention ofreligious personnel

To date, the number of known political prisonersin Tibet is 116, 70 per cent of whom are monks ornuns and there have been 26 known arrests in 2006,which are documented in Appendix 2 in this report.67

Just as the majority of known Tibetan politicalprisoners are monks or nuns, a large number of thosewho are known to have been arrested or sentencedfor political reasons in Tibet in late 2005 or early

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2006, generally in connection with pro-independence activities, are monks and nuns. Giventhe possible consequences of such activity in termsof arrest and detention, this is undoubtedly anevidence of the desperation felt by religiouspersonnel at the stranglehold under which they areforced to live in attempting to practice their religiousactivities.

Monks and nuns who are known to have beenarrested in 2006 or arrested in previous years andsentenced in late 2005 or 2006 have been listed inthe chapter on civil and political rights. Detailedaccounts of the type of ill-treatment suffered by thosewho are arrested and detained for political reasonsonly rarely emerge given the repressive situation inChina. However, a number of former politicalprisoners managed to escape Tibet in 2006 and fromtheir testimonies and the report of the UNRapporteur on Torture and Inhuman and DegradingTreatment, Manfred Nowak, which is discussed infurther detail in the chapter on civil and politicalrights, it is clear that the use of torture againstpolitical prisoners and denial of the right to practicetheir religion is widespread. Nowak in his report onthe mission to China concluded that

the combination of deprivation of libertyas a sanction for the peaceful exercise offreedom of expression, assembly andreligion, with measures of re-educationthrough coercion, humiliation andpunishment...constitutes a form ofinhuman or degrading treatment orpunishment... incompatible with the corevalues of any democratic society based upona culture of human rights.68

He also highlighted how persons convicted ofpolitical offences are not allowed to practice theirreligion.69

Three of the ‘singing nuns’,70 Phuntsok Nyidron,Rinzin Choekyi and Lundrup Sangmo managed to

leave Tibet this year.71 While Phunstok arrived inthe United States on medical parole in March 2006,the later two undertook the ardous journey throughthe Himalaya and reached Dharamsala in north Indiain May 2006. Phuntsok Nyidron testified beforethe UN Sub-Commission on the Promotion andProtection of Human Rights on 14 August 2006.She related how she was sentenced to 9 years’imprisonment after taking part in a peacefuldemonstration in support of the Dalai Lama andTibetan independence in 1989. This sentence wasextended by a further 8 years after she recorded songsin support of the Dalai Lama and Tibetanindependence in 1993. She confirmed that politicalprisoners are subjected to “severe inhuman torture”and routinely denied medical treatment. She alsoconfirmed that after being released from prison,“Tibetan political prisoners were bound by chainsof suffering” as they were not allowed to rejoin theirreligious institutions, were continually kept undersurveillance and had to seek permission from theauthorities if they wished to leave their locality.72

Similar testimony was provided by the other twonuns who escaped into exile and reached Dharamsalain June 2006. Rinzin Choekyi, who served a totalof 12 years in prison, confirmed that duringinterrogation, officials used electric batons, dog bitesand kicking and hitting as methods of torture andthat she was subjected to “severe physical as well asmental torture”;73 whilst Lhundrup Sangmo, whoserved a total of 9 years in prison, related how sheand others were subjected to “severe inhumantorture” and “unthinkable torture and beatings”during interrogation and at other times.74

the violation of human rightsthrough the control of religion

It is impossible for us to detail every violation ofreligious rights in Tibet during 2006 given the sheernumber involved and also because of the difficulty

46


in obtaining comprehensive information about thesituation throughout Tibet given the level ofrepression there. Serious violations which haveoccurred but which are not detailed above include,for instance, the authorities banning prayer flags inone area of Tibet;75 government officials beingwarned not to attend Saka Dawa prayer ceremoniesunder threat of being denied their wages;76 and anoutright ban on Tibetan civil servants of all ranks“attending any religious ceremony or...entering atemple or monastery”.77 As is therefore clear fromthe above and despite the Chinese authorities’ claimsthat freedom of religion is respected, there iswidespread and worsening violation of religiousrights in Tibet.

As discussed above, China recognizes freedom ofreligion as contained in the Universal Declarationof Human Rights (UDHR) and the InternationalCovenant on Civil and Political Rights (ICCPR) tobe a basic human right. Article 18 of both of theseinstruments guarantees to everyone the right tofreedom of thought, conscience and religion and thefreedom to manifest his or her religion or belief inteaching, practice, worship and observance. This rightis also contained in the United Nations Declarationon the Elimination of All Forms of Intolerance andof Discrimination Based on Religion or Belief.

The ICCPR distinguishes the freedom of thought,conscience, religion or belief in Article 18(1) fromthe freedom to manifest religion or belief in Article18(3). The former is unconditional, whilst the latteris subject to such limitations as are prescribed bylaw and are necessary to protect public safety, order,health, or morals or the fundamental rights andfreedoms of others. The Human Rights Committeeof the United Nations has confirmed that thefundamental character of these freedoms is reflectedin the fact that Article 18 of the ICCPR cannot bederogated from even in times of public emergency.78

It has also confirmed that the freedom to manifest

religion or belief in worship, observance, practiceand teaching encompasses a broad range of actsincluding:

ritual and ceremonial acts giving directexpression to belief, as well as variouspractices integral to such acts, including...the display of symbols, and theobservance of holidays and days of rest...actsintegral to the conduct by religious groupsof their basic affairs, such as the freedomto choose their religious leaders, priests andteachers, the freedom to establish seminariesor religious schools and the freedom toprepare and distribute religious texts orpublications.79

The restrictions in Article 18(3) “must not be appliedin a manner which would vitiate the rightsguaranteed in Article 18...are not allowed on groundsnot specified... [and must be] directly related andproportionate to the specific need on which theyare predicated”.80 The Human Rights Committeehas also stipulated “Persons already subject to certainlegitimate constraints, such as prisoners, continueto enjoy their rights to manifest their religion...”81

The Chinese authorities effectively banned picturesof the Dalai Lama and suppressed any activitiesvenerating him. The monks, nuns and others havebeen ordered to renounce him as the spiritual leaderof Tibetan Buddhism and sought to to control theprocess through which religious leaders are appointedand educated (even going so far in 2005 as to assertthat they would choose the next Dalai Lama).82

Controlling religious institutions and the activitiescarried out therein through the so-called patrioticeducation and the Regulations on Religious Affairswhereby religious personnels are unable to properlypursue their religious studies are clear violations ofinternational human rights law which China claimsit recognizes and respects. This was also theconclusion of the United States Commission on

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Religious Freedom which found thatPolicies enforced by Chinese officials thatrestrict human rights in order ostensibly toprotect ‘national unity’ or ‘nationalsecurity’ exceed those restrictions permittedunder international standards83

conclusion

2006 was marked by an escalation of religiousrepression in Tibet as the Chinese authorities soughtto further tighten their grip on religious institutionsand the religious practice of religious personnel andother sections of the population.

The scope of ‘normal religious activity’ continuesnot to be clearly defined in the Chinese constitutionand also in the new Religious Affairs Regulations.Arrests, closures and expulsions from monasticinstitutions are bound to continue under theprovision for activities not being ‘normal’. WithZhang Qingli at the helm of power in Tibet, religiousrepression looks to continue on the same scale inthe coming years if not worsen in view of his attitudeof ‘fight to death’ against the Dalai Lama and a fiveyear political plan to stem out “separatism” fromTibet. 2007 will be harder for the Tibetans especiallythe monastic community in light of the new “TAR”- specific religious affairs regulations in addition tothe regulations earlier promulgated by the StateCouncil. As long as there is repression of what theChinese authorities accept to be the basic humanright to freedom of religion, there will be resistanceand the perpetuation of this cycle of human rightsviolations.

endnotes

1 A description of the ‘Patriotic Education’ campaign is given in“Strike Hard” Campaign: China’s crackdown on politicaldissidence, pg 22, 2005, available at http://tchrd.org/publications/topical_reports/strike_hard-2004/strike_hard-2004.pdf ‘The main aim of the patriotic education campaignin Tibetan areas, which reached even the most remotemonasteries and nunneries, is to tighten Party control overreligion and undermine the influence of the Dalai Lama insociety and religious institutions. A sub campaign ‘love yourcountry, love your religion’ underlines the basic message of thecampaign - that loyalty to the state is pre-requisite to being agood monk or nun’.

2 Session document Final A6-0257/2006 20.7.2006 Report onEU-China Relations (2005/2161(INI)), Committee onForeign Affairs Rapporteur: Bastiaan Belder available at http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+REPORT+A6-2006-0257+0+DOC+PDF+V0//EN&language=EN

3 Human Rights Annual Report 2006, United Kingdom Foreignand Commonwealth Office, October 2006, available at http://www.fco.gov.uk/Files/kfile/hr_report2006.pdf, pg 19.

4 International Religious Freedom Report 2006, U.S. StateDepartment Bureau of Human Rights, Democracy and Labor,released 15 September 2006, available at http://www.state.gov/g/drl/rls/irf/2006/71338.htm#tibet

5 Announcement made on the 13 November 2006 at a pressbriefing in Washington, D.C., by Ambassador-at-Large forInternational Religious Freedom, John V. Hanford III. See“United States Redesignates China Serious Violator of ReligiousFreedom”, Tibet News, International Campaign for Tibet, 14November 2006, available at http://www.savetibet.org/news/newsitem.php?id=1060

6 Second periodic report of States parties due in 1997:China.UN Doc.CRC/C/83/Add.9 (State Party Report), 15 July 2005,para 73

7 Article 1(3) of the UN Charter says that one of the purposesof the United Nations is to ‘achieve international co-operationin ....promoting and encouraging respect for human rights andfor fundamental freedoms for all without distinction as torace, sex, language or religion.’

8 Article 18 of the Universal Declaration of Human Rights says‘Everyone has the right to freedom of thought, conscience andreligion; this right includes freedom to change his religion orbelief, and freedom, either alone or in community with othersand in public or private, to manifest his religion or belief inteaching, practice, worship and observance.’

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9 Article 18 of the International Covenant on Civil and PoliticalRights says ‘1. Everyone shall have the right to freedom ofthought, conscience and religion. This right shall includefreedom to have or to adopt a religion or belief of his choice,and freedom, either individually or in community with othersand in public or private, to manifest his religion or belief inworship, observance, practice or teaching. 2. No one shall besubject to coercion which would impair his freedom to haveor to adopt a religion or belief of his choice. 3. Freedom tomanifest one’s religion or beliefs may be subject only to suchlimitations as are prescribed by law and are necessary to protectpublic safety, order, health, or morals or the fundamental rightsand freedom of others. 4. The States Parties to the presentCovenant undertake to have respect for the liberty of parentsand, when applicable, legal guardians to ensure the religiousand moral education of their children in conformity with theirown convictions’. Article 27 of the International Covenant onCivil and Political Rights says ‘In those States in which ethnic,religious or linguistic minorities exist, persons belonging tosuch minorities shall not be denied the right, in communitywith other members of their group, to enjoy their own culture,to profess and practise their own religion, or to use their ownlanguage.’

10 Part II of the Declaration says ‘26. The World Conference onHuman Rights urges States and the international communityto promote and protect the rights of persons belonging tonational or ethnic, religious and linguistic minorities inaccordance with the Declaration on the Rights of PersonsBelonging to National or Ethnic, Religious or LinguisticMinorities. 27. Measures to be taken include facilitation oftheir full participation in all aspects of the political, economic,social, religious and cultural life of society and in the economicprogress and development in their country.’

11 Ibid12 Annual Report of the United States Commission on International

Religious Freedom, May 2006, available at http://www.uscirf.gov/countries/publications/currentreport/index.html, p. 32.

13 Ibid14 Saka Dawa:The 15th day of the 4th month on the Tibetan

lunar calendar; the day of Buddha’s birth, enlightenment, anddeath.

15 Gaden Ngamchoe: Day of passing of great master JeTsongkhapa‘s (1357-1419) which falls on the 25th of thetenth month of the Tibetan Lunar calendar. Je Tsongkhapafounded the Gelug tradition (yellow hat school) of TibetanBuddhism.

16 Lhasa Evening News, pg 2, 12 December 200617 International Religious Freedom Report 2006, U.S. State

Department Bureau of Human Rights, Democracy and Labor,released 15 September 2006, available at http://www.state.gov/g/drl/rls/irf/2006/71338.htm#tibet

18 See, for instance, Implementation of the Declaration on theElimination of All Forms of Intolerance and of DiscriminationBased on Religion or Belief, Report submitted by Mr. AbdelfattahAmor, Special Rapporteur, in accordance with Commission

on Human Rights resolution 1994/18, UN Doc E/CN.4/1995/91, (22 December 1994), 133 which says “The SpecialRapporteur noted the extremely devout attitude perceptiblein Tibet...This factor must be taken into account whenanalysing the religious situation in Tibet.” See also AnnualReport of the United States Commission on InternationalReligious Freedom, May 2006, available at http://www.uscirf.gov/countries/publications/currentreport/index.html, p. 23 in which the Commission recognized religionas an important aspect of ethnic identity for Tibetans.


20 Ibid, p. 2321 Ibid, p. 2422 See Chapter on Civil and Political Rights23 “”3/14", the new TAR party secretary, a “last ditch-struggle”

and “the heads of monks and nuns””, Update, TibetInfoNet,31 May 2006 available at http://www.tibetinfonet.net/content/update/20

24 “Dalai Lama unworthy of religious leader: Tibetan official”,Xinhua, Lhasa, 8 August 2006, available at http://n e w s . x i n h u a n e t . c o m / e n g l i s h / 2 0 0 6 - 0 8 / 0 9 /content_4937478.htm

25 “TAR Party Secretary calls for tighter control of monasteries”,TibetInfoNet Tibet News Digest, 21 June 2006 available athttp://www.tibetinfonet.net/content/news/10213

26 “Defamation campaign against the Dalai Lama raised at UN”,Phayul, TibetInfoNet Tibet News Digest, 22 September 2006,available at http://www.tibetinfonet.net/content/news/33

27 Annual Report of the United States Commission on InternationalReligious Freedom, May 2006, available at http://www.uscirf.gov/countries/publications/currentreport/index.html pp. 23-24.

28 “China: A Year After New Regulations, Religious Rights StillRestricted. Arrests, Closures, Crackdowns Continue”, HumanRights Watch, 1 March 2006 available at http://hrw.org/english/docs/2006/03/01/china12740.htm This article cites examplesof the expulsion of monks and nuns.

29 “”3/14", the new TAR party secretary, a “last ditch-struggle”and “the heads of monks and nuns””, Update, TibetInfoNet,31 May 2006 available at http://www.tibetinfonet.net/content/update/20

30 The ‘Strike-Hard’ campaign was introduced in Tibet in 1996with the aim of stifling political dissent. For discussion of thecampaign see “Strike Hard” Campaign: China’s crackdownon political dissidence, TCHRD, available at http://tchrd.org/publications/topical_reports/strike_hard-2004/strike_hard-2004.pdf

31 “People’s Republic of China high on renewing campaignsagainst peaceful Tibetan dissidents”, press release, TCHRD,17 May 2006, available at http://www.tchrd.org/press/2006/pr20060517.html

32 “Zhang Qingli “elected” TAR party chief ”, Update,TibetInfoNet, 31 October 2006 available at http://

Religious Freedom

49

www.tibetinfonet.net/content/update/3533 “Patriotic re-education” and fate of monk” Human Rights

Update, TCHRD, August 2006, available at http://w w w. t c h rd . o r g / p u b l i c a t i o n s / h r _ u p d a t e s / 2 0 0 6 /hr200608.html#monk

34 “Patriotic re-education campaign in Podo Monastery” HumanRights Update, TCHRD, June 2006, available at http://w w w. t c h rd . o r g / p u b l i c a t i o n s / h r _ u p d a t e s / 2 0 0 6 /hr200606.html#Podo


36 “Fleeing a Tibetan Monastery”, BBC News, 27 April 2006,available at http://news.bbc.co.uk/1/hi/world/asia-pacific/4946414.stm

37 “Beijing pledges ‘a fight to the death’ with Dalai Lama”, Timesonline, 14 August 2006, available at http://www.timesonline.co.uk/article/0,,25689-2312796,00.html

38 “China Tightening Control Over Tibet Even Amid Talks, partyMoves to Curb Influence of Dalai Lama”’ Washington Post, 5August 2006, available at http://www.washingtonpost.com/w p - d y n / c o n t e n t / a r t i c l e / 2 0 0 6 / 0 8 / 0 4 /AR2006080401471_pf.html

39 See, for instance, Human Rights Annual Report 2006, UnitedKingdom Foreign and Commonwealth Office, October 2006,available at http://www.fco.gov.uk/Files/kfile/hr_report2006.pdf, 19; the report adopted by the EuropeanParliament: Session document Final A6-0257/2006 20.7.2006Report on EU-China Relations (2005/2161(INI), Committeeon Foreign Affairs Rapporteur: Bastiaan Belder available athttp://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//E P / / N O N S G M L + R E P O R T + A 6 - 2 0 0 6 -0257+0+DOC+PDF+V0//EN&language=EN

40 “Defamation campaign against the Dalai Lama raised at UN”,Phayul, TibetInfoNet Tibet News Digest, 22 September 2006,available at http://www.tibetinfonet.net/content/news/33


42 Annual Report of the United States Commission on InternationalReligious Freedom, May 2006, available at http://www.uscirf.gov/countries/publications/currentreport/index.html p. 25.

43 The view reported by “TAR” Vice Chairman Jagra LobsangTenzin to a meeting of “TAR” officials on 17 January 2005,according to a Chinese Government website, InternationalReligious Freedom Report 2006, U.S. State Department Bureauof Human Rights, Democracy and Labor, released 15September 2006, available at http://www.state.gov/g/drl/rls/irf/2006/71338.htm#tibet

44 (in Kardze “Tibetan Autonomous Prefecture”, SichuanProvince) Ibid

45 Annual Report of the United States Commission on InternationalReligious Freedom, May 2006, available at http://

www.uscirf.gov/countries/publications/currentreport/index.html p. 107.

46 “China: A Year After New Regulations, Religious Rights StillRestricted. Arrests, Closures, Crackdowns Continue”, HumanRights Watch, 1 March 2006 available at http://hrw.org/english/docs/2006/03/01/china12740.htm

47 “Implementation of the new Tibet Autonomous Regionreligious affairs regulations in new year”, http://www.chinatibetnews.com/GB/channel2/24/200612/21/57538.html, 29 Dec 2006


49 “7th Aalak Gunthang Enthroned in Tibet under strict Chinesesurveillance”, Phayul, 14 November 2006, available at http://www.phayul.com/news/article.aspx?id=14664&t=1&c=1

50 See “World’s Youngest Political Prisoner Turns Seventeen”,Reuters, Washingtonpost.com, 23 April 2006, Beijing, availableat http://www.washingtonpost.com/wp-dyn/content/article/2006/04/23/AR2006042301349.html and “China says boynot political prisoner”, Reuters, 28 April 2006, Beijing,available at http://chinadigitaltimes.net/2006/04/china_says_tibetan_boy_not_political_prisoner_reuters.php,

51 See, for instance, “China steps up exposure of 11th PanchenLama”, Press Trust of India, ptinews.com, Canada TibetCommittee, World Tibet Network News, 25 September 2006,available at http://www.tibet.ca/en/wtnarchive/2006/9/26_1.html


53 Concluding observations (unedited version) China, HongKong (China), Macau (China), UN Doc. CRC/C/15/Add.271(Concluding observations/comments), 30 September 2005,para 45 (e).

54 Summary Record of the 1064th Meeting: China, UN Doc.CRC/C/SR.1064, 3 October 2005, para 11.

55 “World’s Youngest Political Prisoner Turns Seventeen”,Reuters, Washingtonpost.com, 23 April 2006, Beijing, availableat http://www.washingtonpost.com/wp-dyn/content/article/2006/04/23/AR2006042301349.html

56 “China says boy not political prisoner”, Reuters, 28 April 2006,Beijing, available at http://chinadigitaltimes.net/2006/04/china_says_tibetan_boy_not_political_prisoner_ reuters.php

57 “Un Expert Group Discussed the Case of Panchen Lama”,Phayul, Canada Tibet Committee, World Tibet Network News,2 May 2006, available at http://www.tibet.ca/en/wtnarchive/2006/5/2_2.html

58 Human Rights Council Second Session Summary Record ofthe 3rd Meeting Held at the Palais des Nations, Geneva, onTuesday, 19 September 2006, UN Doc. GENERAL A/HRC/2/SR.3 3 October 2006.

59 “EP President remains concerned about Tibet at the end ofChina visit”, Human Rights Update, TCHRD, July 2006,

50


available at http://www.tchrd.org/publications/hr_updates/2006/hr200607.html - EP

60 Session document Final A6-0257/2006 20.7.2006 Report onEU-China Relations (2005/2161(INI)), Committee onForeign Affairs Rapporteur: Bastiaan Belder available at http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+REPORT+A6-2006-0257+0+DOC+PDF+V0//EN&language=EN

61 “China marks post-1949 first with Buddhist forum”, Reuters,Phayul.com, 12 April 2006, available at http://www.phayul.com/news/article.aspx?id=12324&t=1&c=1

62 “Rights groups denounce Chinese Buddhism forum as ‘cynicalpropaganda’”, AP, Hangzhou, China, 14 April 2006, WorldTibet Network News, available at http://www.tibet.ca/en/wtnarchive/2006/4/14_2.html

63 “Dalai Lama’s presence at Buddhist forum disharmonious”,Xinhua, Hangzhou, 12 April 2006, World Tibet Network Newsavailable at http://www.tibet.ca/en/wtnarchive/2006/4/13_4.html

64 “Rights groups denounce Chinese Buddhism forum as ‘cynicalpropaganda’”, AP, Hangzhou, China, 14 April 2006, WorldTibet Network News, available at http://www.tibet.ca/en/wtnarchive/2006/4/14_2.html

65 “Panchen Lama Makes Rare Public Appearance”, AP,Hangzhou, China, 13 April 2006, World Tibet Network Newsavailable at http://www.tibet.ca/en/wtnarchive/2006/4/13_5.html

66 “China hosts first Buddhist forum”, BBC News, 13 April 2006available at http://news.bbc.co.uk/2/hi/asia-pacific/4905140.stm

67 The Congressional– Executive Commission on China (CECC)reported that at the time of their annual report the number ofknown political prisoners was 107, 70 percent of whom weremonks or nuns. See “Official Information Confirms Sentencefor Tibetan Nun Who Put Up Posters”, CECC, available ath t t p : / / w w w . c e c c . g o v / p a g e s / v i r t u a l A c a d /index.phpd?showsingle=77963

68 Report of the Special Rapporteur on torture and other cruel,inhuman or degrading treatment, Manfred Nowak, Missionto China, UN Doc. E/CN.4/2006/6/Add.6, 10 March 2006,Summary.

69 Ibid para 67.70 The ‘singing nuns’ are a group of 14 nuns who, whilst political

prisoners in Drapchi Prison in 1993, recorded songs eulogizingthe Dalai Lama, calling for the independence of Tibet anddescribing the situation of political prisoners in Tibet and hadtheir prison sentences extended as a result. Details providedby Phuntsok Nyidron in her testimonyto the UN Sub-Commission on the Promotion and Protection of HumanRights on 14 August 2006– see “Testimony of PhuntsokNyidron before human rights expert body”, Human RightsUpdate, TCHRD, August 2006, available at http://w w w. t c h rd . o r g / p u b l i c a t i o n s / h r _ u p d a t e s / 2 0 0 6 /hr200608.html#expert

71 “Phuntsok Nyidron arrives in the U.S. days ahead of PresidentHu’s visit”, Human Rights Update, TCHRD, March 2006,

available at http://www.tchrd.org/publications/hr_updates/2006/hr200603.html#Phuntsok “‘Drapchi singing nun’ RinzinChokey arrives in exile” Human Rights Update, TCHRD, ‘May 2006, available at http://www.tchrd.org/publications/hr_updates/2006/hr200605.html#Rinzin and “LhundrupSangmo, one of the ‘Drapchi 14 singing nuns’ in exile”, HumanRights Update, TCHRD, July 2006, available at http://w w w. t c h rd . o r g / p u b l i c a t i o n s / h r _ u p d a t e s / 2 0 0 6 /hr200607.html#Sangmo

72 “Testimony of Phuntsok Nyidron before human rights expertbody”, Human Rights Update, TCHRD, August 2006, availableat http://www.tchrd.org/publications/hr_updates/2006/hr200608.html#expert

73 “‘Drapchi singing nun’ Rinzin Chokey arrives in exile” HumanRights Update, TCHRD, ‘ May 2006, available at http://w w w. t c h rd . o r g / p u b l i c a t i o n s / h r _ u p d a t e s / 2 0 0 6 /hr200605.html#Rinzin

74 “Lhundrup Sangmo, one of the ‘Drapchi 14 singing nuns’ inexile”, Human Rights Update, TCHRD, July 2006, availableat http://www.tchrd.org/publications/hr_updates/2006/hr200607.html#Sangmo

75 “The Panchen Lama’s 17th birthday: more control of religionin Tibet, ban on prayer-flags in one Tibetan area”, Tibet News,International Campaign for Tibet, 25 April 2006, available athttp://www.savetibet.org/news/newsitem.php?id=959

76 “Tibetans warned against taking part in Saka Dawa PrayerCeremonies”, Human Rights Update, May 2006, TCHRD,available at http://www.tchrd.org/publications/hr_updates/2006/hr200605.html - Saka

77 “Beijing pledges ‘a fight to the death’ with Dalai Lama”, Timesonline, 14 August 2006, available at http://www.timesonline.co.uk/article/0,,25689-2312796,00.html

78 General Comment no. 22: The right to freedom of thought,conscience and religion (Article 18), 30 July 1993, CCPR/C/21/Rev.1/Add.4, para 1, available at http://www.unhchr.ch/t b s / d o c . n s f / ( S y m b o l ) /9a30112c27d1167cc12563ed004d8f15?Opendocument.

79 Ibid para 4.80 Ibid para 8.81 Ibid82 Human Rights Watch World Report 2006, Events of 2005, January

2006, available at http://hrw.org/wr2k6/wr2006.pdf, p. 251.83 Annual Report of the United States Commission on International

Religious Freedom, May 2006, available at http://www.uscirf.gov/countries/publications/currentreport/index.html p. 25.

51

EDUCATION IN TIBET

introduction

The right to education can be characterized as‘empowerment right’ which provides the individualwith control over his or her life and the power tointeract meaningfully in his or her community.Education, whilst constituting a human right initself, is also a precondition for the enjoyment ofother human rights. The individual’s right toeducation is central to a State’s right to develop. Withequal access to education, comes in theory, an equalaccess to resources, opportunities, andempowerment; it follows that with the aggregateof such individual advancement comes nationalprogress. Furthermore, the enjoyment of many civiland political rights, such as freedom of informationand expression, requires a minimum level ofeducation, which includes literacy. Similarly, manyeconomic, social and cultural rights, such as right towork, to receive equal pay for equal work and tohave equal access to public representation, can onlybe exercised in a meaningful way once the individualhas had access to a basic education.2

However in Tibet, many Tibetan children are beingdeprived of access to basic education, a basic humanright as enshrined in the Universal Declaration ofHuman Rights (UDHR) where “everyone has theright to education and education shall be providedfree of cost at least in the elementary andfundamental stages”.3 Due to lack of school

“Education for all is important for three reasons. First, education is a right. Second, education enhances individualfreedom. Third, education yields important development benefits.” 1

John Daniel,UNESCO’s Assistant Director-General for Education

availability in rural Tibet, and in some case exorbitantfees charged by school and government authorities,deprived many Tibetan children from accessing basiceducation. A few education opportunities availableto Tibetan were only meant to indoctrinate the mindof Tibetan children with communist politicalideology.

The aim of school education is to develop thechildren’s ability to function in society, and therebyraise the level of competence of society for all people.Ironically, China is using education as a tool tofurther tighten its hold on Tibet by laying downseveral preconditions in getting admission in highschool. The education policy of the People’sRepublic of China (PRC) is designed to inculcatelove for “communism” and the “motherland” anddemands the denunciation of the Dalai Lama andhis “clique” in exile.

international and domesticlegal obligations

The People’s Republic of China (PRC), as a memberof the United Nation, is a state party to a numberof international treaties and covenants that upholdthe right to education without discrimination.China has signed and ratified the InternationalCovenant on Economic, Social and Cultural Rights(ICESCR) and the Convention on the Rights of

52


the Child (CRC). It has also signed, though notratified, the International Covenant on Civil andPolitical Rights (ICCPR). As such, China is obligedto ensure that no individual is deprived of the rightto education.

All these international treaties and covenant state theright to education for every human being, irrespectiveof nationality, race, caste, religion and economicbackground. Moreover, ethnic minorities enjoyenhanced educational rights under international law.This is significant for Tibetan children as Chinaclassifies Tibetans as one of its fifty-five so called‘minority nationalities’. Educations also find specialmention in the Articles 28 of United NationConvention on the Rights of the Child (CRC),where state parties “recognize the right of the childto education”, and urged the state parties to “makeprimary education compulsory and available free toall”. “Encourage the development of different formsof secondary education” and “make secondary andhigher education accessible to all on the basis ofcapacity”.4

Chinese domestic law echoes the sentiments of theinternational treaties, and the Constitution obligesthe State “to develop educational facilities of varioustypes in order to wipe out illiteracy and providepolitical, cultural, scientific, technical andprofessional education to all the peoples of theState.” It also requires that the government “makeprimary education compulsory and universal.”5 TheEducation Law of the People’s Republic of Chinafurther adds that “all citizens of the People’sRepublic of China shall have the rights and obligationto receive education” and “regardless of ethnic group,race, sex and religious belief, shall enjoy equalopportunities for education”.6

flawed education policy

In 1993, China’s Educational Reform andDevelopment programme pledged that Chinawould eliminate youth illiteracy, and ensure 9 yearsof compulsory education by 2000. In 2002, thesegoals had been realized in 91 percent of the nationalpopulation and in 87 percent of all counties. 7

Illiteracy had been reduced to 9.1 percent in 2004for those above 15 years old, a figure significantlybelow the global average.8 The national figures are,however, misleading when considering the state ofeducation and literacy in different Chinese provinces.Education standard vary widely throughout thecountry with western and predominantly ruralprovinces often failing to reap the benefits of thegovernment’s professed commitment to improvingeducation. Literacy and school attendance in Tibetcontinue to fall well below the national average,prompting speculation that there is a governmentbias towards areas populated by Han Chinese.

Despite claims by the state-owned Chinese press that94.7 percent of school-age children in Tibet were inschool in 20049, official statistics provide a lessoptimistic figure. The Chinese Statistical Yearbookof 2004 reveals that 44.9 percent of people aged 6and over in “TAR” had no schooling at all, and only55.1 percent of the population enrolled in primaryeducation, with 14.2 percent and 0.8 percentenrolling in secondary and tertiary educationrespectively. These figures represented a drop from62 percent for primary education and 15.4 percentfor secondary education in 2002, though the figuresin tertiary education level remain more or less same.The Tibet Statistical Yearbook 2005, further revealthat number of primary schools dropped by 6schools from 892 in 2003 to 886 in 2004, andincrease in the number of secondary schools from115 in 2003 to 120 in 2004, representing misplacedemphasis on further education in a state where accessto elementary education is severely limited. However,

Education in Tibet

53

the numbers of Regular Institution of HigherEducation number remain same at 4 from previousyear.10 The decline in expenditure on primaryeducation has most affected the native Tibetan whobelongs to rural region, where accessibility ofeducation is still a major hurdle.

Illiteracy rates in Tibet continue to be the highest inChina with a 54.86 percent against national averageof 10.95 percent.11 UNDP reported in 2005 thatilliteracy rates in Tibet were 62.63 percent for womenand 45.82 percent for men, compared to less than 7percent in provinces such as Beijing, Shanghai andTianjin. The gender discrepancy in Tibet is 16.81percent, compared to 9.73 percent nationwide.12

China’s “Tibet Autonomous Region” plans to makenine-year compulsory education universal and toeliminate illiteracy among the young and middle-aged over the next decade13 proved a complete failure.According to 2003 Human Development index14

of different provinces in China, Tibet rank last ineducation index15 with 0.478 while average Chineseeducation index is 0.819.16

state funding

The poor standards of education and literacy in Tibetare influenced by a number of factors, the mostsignificant being lack of funding. Governmentspending on education is fairly low as compared tointernational standards. Despite its goal set in 1985,that 4 percent of GDP will be spent on educationby 2000, the proportion of funds spent on educationwas still only 3.4 percent in 2002, which is belowtheir set goal and significantly lower than theinternational average.17 China spent massively inbuilding physical capital like railway, road and citiesin Tibet and failed to invest in human capital whichis main requirement for the acceleration of nationaldevelopment.

In 1980, over 75 percent of school funding was fromthe state, but in 2000 this had dropped to 54 percentonly.18 County governments give more support tosecondary schools than to primary schools and theadministration and financing of primary schoolswere placed under the responsibilities of townshipor village.

The devolved system of administration for Chineseschools means that costs on a local level are usuallyshared between local government and parents.Naturally, the expenditure on local educationtherefore depends on the financial capacity of thegovernment and parents, so richer socio-economicareas have more disposable resources to supporteducation. The logical conclusion to the situationin which richer areas can afford better education isthat economic development becomes prerequisiteto educational development, even though it isuniversally recognized that education is integral tothe achievement of any such economic development.In a predominantly rural, poor area like Tibet withlimited economic development, it should thereforebe the responsibility of the state to provide fundingfor education, yet in Tibet this necessarygovernmental assistance is not forthcoming. Hence,many schools in Tibet face financial constraints andhave difficulties in paying civil servants and teachers,and necessitates the reliance of many schools onextra-budgetary income, such as tuition fees.

A 23-year-old Tsewang Gyatso from DartsedoCounty (Tib: Mi-Nyak), Kandze TibetanAutonomous Prefecture (“TAP”), SichuanProvinces, who attended 12 years of schooling inTibet told TCHRD that, “We pay more than 2000Yuans per session and two sessions were heldannually. In our school, there were also children ofChinese officials and traders. Compared to Chinese,most Tibetan Childrens were financially poor, henceface the problem while sending their children toschool.” 19

54


Tenzin Choezom, a 17-year-old girl from ChakriVillage, Drachi Township, Drenang County, LhokaPrefecture, “Tibet Autonomous Region” (“TAR”)has attended village elementary school for six years,but had to drop out from school due to familyfinancial constraints. According to her,

My mother developed a serious ailment inher leg and we spent a lot of money for thetreatment. By the time she was dischargedfrom the hospital, we had paid an exorbitantamount for the treatment. Due to poorfinancial status of my family, I dropped outfrom the school. I went to Lhasa when Iwas 13 years old and worked in a Tibetanhouse as a maid till 2004. My duties includecleaning the house, washing clothes, babysitting and helping in the kitchen.20

nine-year compulsory education

Even the idea of compulsory education has been usedby the government to harass Tibetan children anddeprive them of access to real education. Asuperficial interpretation of the Education Lawshows an admirable attempt to implement therecognized human right to education for all children.The Education Law of the PRC, requiresgovernment to “applies a system of nine-yearcompulsory education. People’s governments at alllevels shall take various measures to guaranteeschool-age children and adolescents access toeducation. Parents and guardians of the Childrenshall have the obligation to ensure that school-agechildren and adolescents receive and completecompulsory education for the prescribed numberof years.”21

Chinese authorities in order to implement the ‘1993goal of universal nine-years compulsory education’in Tibet, often forced Tibetan families to send theirchildren to school and to pay fees that they cannotafford. This has become a system of schooling where

parents are punished and forced to send their childrento schools that they cannot afford. The governmentis keen to meet its targets but is reluctant to committhe financial resources necessary, thus shifting thefinancial burden to families who can ill afford it.According to Tashi Dhondup from Nyalam County,Shigatse Prefecture, “TAR”,

All Tibetans were made to send theirchildren to school irrespective of theirfinancial situation under the ‘nine yearscompulsory education’ program. ManyTibetans who were unable to pay the feeswere badly affected by the program. Aftercomplaints, the tuition fees were waived,but many students still couldn’t afford thecosts of food and returned to their homes,at which point the county officials and PSBforced them to come back to school, wherethey were forced to pay fees in kind insteadof cash. But in high school there was nosystem of fees waiving - we had to pay fullfees irrespective of ones’ financialcondition.22

This insufficient funding represents a violation ofArticle 13.2 (a)23 of the ICESCR, as well as aninfringement of the principles laid out in Article 8(1) of the Declaration on the Right to Development,which upholds ‘equality of opportunity for all intheir access to basic resources, education...’24

fees and “guangxi”

The practice of charging fees is a big paradox to theideals expressed in Chinese Education Law: “TheState, in light of the characteristics and needs of thedifferent minority ethnic groups, provides assistanceto the development of educational undertakings inregions inhabited by the minority ethnic groups. TheState shall support and assist the development ofeducational undertakings in the outlying andpoverty-stricken areas”. 25

Education in Tibet

55

Article 56 additionally says that, “[t]he State Counciland the people’s governments at or above the countylevel shall set up a special fund for education to beused mainly for assisting outlying and poverty-stricken areas and areas inhabited by minority ethnicgroups in enforcing compulsory education there”.26

However many Tibetan students in Tibet wereunable to continue their education due to exorbitantfees charged by school authorities. They drop outfrom schools and engage themselves in householdchores and farming. A 20-year-old Tseten Bhumfrom Mangra County, Tsolho “TibetanAutonomous Prefecture” (TAP), Qinghai Provincetold about the high fees charged by the authoritiesand its effect on native Tibetan.

I joined elementary school at TharshulTownship at the age of 7 and completedmy six years studies. I attended NationalityIntermediate School in Mangra County atthe age of 13 to 15. The fees at that timeexceed 1000 Yuan. After finishingintermediate education, I joined TsolhoTeachers’ Training School in Tsolho “TAP”.The school authorities charged as much as4000 Yuan per year as fees. Though theteaching training course was for four years,I could not continue my studies after twoyears, due to high fees. Since 60 percent ofthe Tibetan students in the school camefrom nomadic and farming background,they usually faced lots of problem infinding fees for their continuouseducation.27

Sonam Dorjee, from Yadze County, QinghaiProvince, who came into exile in August 2006, toenroll his children to school administered by TibetanGovernment in exile also told that, “Before cominginto exile, my two childrens were studying at We-dho Intermediate Nationalities School. I have to pay1200 Yuan per year for one children and 2400 Yuanfor two childrens. As my children are staying in the

hostel, I myself have to arrange food for them. Ifmy children finished the intermediate school andenroll for higher education, the fees per student are1400 Yuan. And for the enrollment in university,the fees are as high as 40,000 Yuan per student forone year. Due to my inabilities to pay fees, I withdrewmy two children from the school and brought themhere to enroll in Tibetan schools in exile where theywill get free and quality education”.28

In addition to tuition fees levied by national anddistrict government or school, parent has to bearthe indirect charges such as spending on uniform,stationary and other informal levies imposed byteacher. In some areas, parents were also made topay additional fees to meet the salaries of teachers.The rate of Tibetan students dropping out of schoolis much higher than Chinese counterparts. Thereason for the drop out was due to high fees rateand poor financial background of their parents.Education in Tibet has now become an exclusiveright of few rich people. A 23-year-old SonamDhondup from Rebkong County, Malho “TAP”,Qinghai Province, said that, ‘he had to discontinuefrom school due to financial problem in his family.’29

For those families who cannot afford to pay schoolfees and costs, government stipends are sometimesavailable. However, poor families are often unableto utilise these funds because of the Chinese practiceof guanxi.30 Whilst guanxi is a traditional part ofChinese society, it is alien to Tibetan culture. Guanxican lead to problems when it violates bureaucraticnorms and encourages corruption. The governmentstipends of Article 5631 are not automatic and mustbe requested by families. When making this request,families are often expected to offer bribes to theofficials involved in providing the stipend, or needto have guanxi with officials. The use of bribe andguanxi in this context at worst prevents families fromtaking up the stipend at all, or at best adds to thefinancial problems of families specifically seekingfinancial help.

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rural-urban disparity

The situation regarding education in Tibet iscompounded by the considerable discrepancybetween urban and rural incomes. In 2005, the percapita GDP of the TAR was 6871 Yuan, but urbanincome was 19,891 Yuan compared to an averagerural income of 3837 Yuan.32 This incomediscrepancy has increased since China’s transition toa market economy, which limited the guaranteedincome for farmers. The fact that the vast majorityof the Tibetan population (80 percent) live in ruralareas and have low incomes in turn leads to limitedresources. The education in urban areas is thereforeconsiderably better than rural areas, and schools inLhasa are generally better funded and administratedthan their rural counterparts. The larger number ofChinese living in urban areas in Tibet also accountsfor this.

rural areas

Children in rural areas of Tibet do not usually attendfull nine-year compulsory education required by theEducation Law.33 Students report that schools inrural areas are often at great distances from theirhomes. A 12-year-old Lobsang Dolkar, fromDzogang County, Chamdo Prefecture, “TAR”reported that, ‘she had seven brothers and sisters andall of them did not attend any school due tounavailability of school in their village. The closetschool is one hour’s walk from her house. Very fewpeople in her village attend the school. She did notgo to school as it is not worth going over there andthe students are also not taught well.’34

The conditions of the schools in rural Tibet are veryabominable. There is no proper furniture and thebuildings of the school are in dilapidated state. Theschool lacks basic amenities like proper drinkingwater and health care. An 18-year old Chung Tseringof Phenpo Lhundrup County reveal to TCHRD

about the ‘lack of electricity and proper drinkingwater in his school. Many students in school sufferdiarrhoea after consuming contaminated drinkingwater. And there is no any clinic and health care totake care about ailing students’.35

The quality of education is so poor that childrenand their families cannot justify the financial andtemporal sacrifices necessary for the children toattend school. Many students only complete a fewyears of schooling, and return to their families tohelp parents with their nomadic or agriculturalworks. A 19-year old Tsering Phuntsok from GuruTownship, Chamdo County told TCHRD aboutthe state of education in his village. According tohim,

Natives in my village prefer not to sendtheir children to government school. Thegovernment gives education free up toelementary level, and began to charge feesfrom intermediate level onwards. However,the rates of fees keep increasing as thestudent go to the next grade. Higher theclass, more the fees one has to pay.Moreover, the nature of teaching andcontent of the education is not good.Parents think that ‘sending children to thegovernment school is not beneficial for

Learning in deprivation

Education in Tibet

57

them’ and prefer them working at farm.Moreover, parents always fear that bysending their children to governmentschool, they will inherit Chinese way ofliving and the children will lose their Tibetanculture and identity. Thus, they withdrawtheir children from schools afterwards.36

Generally, Chinese government has not reached ruralareas in improving the quality and accessibility ofeducation. Most of the village schools areconstructed by villagers themselves with their ownlabour and donation of money or livestock. Studentsare required to pay fees to support the salaries of theteachers, materials for the students and basicadministration of the schools. The teachers andclassrooms are limited in these schools and theteachers are not well qualified to teach and were allsub standard. Most of the schools in rural Tibet donot meet the minimum requirement set byEducation Law of PRC, where qualified teachers;teaching and learning rooms and fund necessary foroperation of the school are required for theestablishment of school and other educationalinstitution.37 A 9-year old recent escapee, JamyangSherab from Tsawa Pangda, Pashod County,Chamdo Prefecture, “TAR” reveal to TCHRD that,

In my school we have many Chineseteachers who also run restaurantsimultaneously. They rarely devote time fortheir teaching job. They just roam aroundand then go back to their restaurant. I didnot learn anything from them. We also havesome Tibetan teachers, but they also carevery little about students. The Chineseteachers taught exclusively in Chinese. Icould not understand what the teachers said.Due to poor education standard in ourregion, my parents decided to send me toIndia for better education.38

urban areas

The schools in cities like Lhasa are generally betterfunded and better administrated than rural schools.Schools in urban areas received more attention bythe government and much of this can be correlatedwith the fact that the numbers of Chinese living inthese areas are significantly higher than moreimpoverished rural areas. Students who haveattended schools in urban areas report that theirschool are satisfactorily furnished and staffed.However, the disparity between treatment ofChinese and Tibetan students becomes a type ofeconomic discrimination that is, in practice, tied tostudents’ ethnic background. There are number ofreport from recent escapees which state that, ‘Tibetanstudents were subject of discrimination in schoolby Chinese teachers. They were treated as dumband were sometimes abused by the Chinese teachersas well as by Chinese students’. A 22 year old, TashiDhondup from Nyalam County, ShigatsePrefecture, “TAR”, who attended 12 years ofschooling in Tibet told TCHRD that,

We have Tibetan as well as Chinese teachersin our school. The attitudes of the Chineseteachers towards Tibetan students are notgood. Tibetan students were treated as abackward and dumb. A math teacher whois a Chinese burst in the class that ‘Tibetansare pigs’. We took the matter with schoolauthorities and ask for his replacement bya Tibetan. But school authorities rejectedour demand and told us to adjust withhim.39

In urban areas, students have to pay fees even forelementary school, however, the fees depend on thepossession of Household Registration Card [Ch.Hukou]. The fees for students having householdregistration card are greatly reduced. Kelsang fromLhasa reported that, “her family having a household

58


registration card paid only 200 Yuan per schoolsession. However, those students withoutregistration cards have to pay 700 Yuan per session.The families that do not have household registrationcards are normally nomads and/or those who comefrom remote areas like Kham and Amdo. Chinesemigrant can easily secure card by buying house orthrough bribe”.40

Students in “TAR” who have household registrationcards are also entitled to study in better school inmainland China, after passing elementary school.However, a mere technical or clerical error inregistration card can prohibit student from securingthis opportunity. Kelsang, was reportedly ‘deniedan opportunity to study in mainland China, as herdate of birth was written incorrectly in herhousehold registration card’.41 The importance ofaccuracy in documentation cannot be denied.However, there is evidence that the bureaucraticsystem is being used to deny student of a certaineconomic and ethnic group access to education, andsubsequent access to higher education andemployment.

Moreover, Chinese students in mainland China,secure through their family connection householdregistration card (Ch: Hukou) of “TAR” and sit inthe exam for the seats which are meant for Tibetanstudents. This unfair practice by the Chinese deprivesmany Tibetans opportunities in education andemployment and has negatively affected the Tibetanstudents from continuing their education.According to the information provided in Xinhua,the state-owned news agency of PRC, the head ofresearch section of “TAR” Education Department,Mr. Lobsang Tsering, has revealed that ‘after a jointinvestigation undertaken by Education Departmentand Security Department, they found 38 mainlandChinese students had sat for the entrance exam forSenior Secondary School by buying householdregistration card. All of the 38 Chinese students were

debarred from sitting in the examination’. Xinhuanews agency further add that, ‘these days manyChinese students from mainland China were making“TAR” household registration card and enrollingthemselves in schools in the “TAR”.’ 42

content of education

Those who do have access to education in Tibetoften face a number of obstacles to learning: thesyllabus is designed to inculcate a ‘love of themotherland’, so learning about traditional Tibetanculture and religion is disallowed, whilst the teachingof Communist ideology is a major priority. The“TAR” Party Secretary revealed the strategy of theChinese government regarding education in Tibetduring the “TAR” Conference on Education in1994. He said,

The success of our education does not liein the number of diplomas issued tograduates from universities, colleges,polytechnic schools and middle schools. Itlies, in the final analysis, in whether ourgraduating students are opposed to or turntheir hearts to the Dalai clique and inwhether they are loyal to or do not careabout our great motherland and the greatsocialist cause. This is the salient and themost important criteria for assessing rightand wrong, and the contributions andmistakes of our educational work inTibet.43

history, culture and religion

Students report that mention of Tibetan history isnon-existent or superficial at best in their historyclasses. Instead they are taught about Chinesemilitary, political, and historical figures. The teachingof Tibetan culture and religion is disallowed due tothe politicisation by the Chinese of a distinct Tibetan

Education in Tibet

59

identity: separate Tibetan consciousness is deemedto be dangerous, anti-Chinese and potentiallyextremist. Though Tibetan language schools do existin the TAR and in other Tibetan provinces, thecontent of the syllabus continues to be heavilyfocused on Chinese history and Communistideology to the exclusion of any mention of Tibet.This absence of the teaching of Tibetan culture andhistory in schools has led many Tibetans to seekeducation in exile, where they are free to learn aboutsubjects relating to Tibet. One Tibetan refugee calledNorzin from Golog Tibetan AutonomousPrefecture, Qinghai, recalled her experience ofeducation under Chinese occupation.

I joined a Tibetan language school as I wasnot able to learn Tibetan language inChinese schools. However, I wasdisillusioned to find that, we were taughtonly Chinese history, culture and politic,as well as the ideology of Karl Marx, Leninand Mao Tse-tung, even in the Tibetanlanguage school. The actual script of thebooks was in Tibetan, but there was nosingle mention of Tibet’s history, cultureand religion. As Buddhists, we Tibetanbelieve in life before and after death andthe law of karma, but we wereindoctrinated in school that, no such thingsexist. It was impossible to acquireknowledge of our own culture, history andcustom in Tibet. We had no freedom ormedium to study our own history andculture, so I opted to come into exile for abetter education, where I could learn thesethings.44

The aim of education in Tibet was to indoctrinatesocialist ideology into the mind of Tibetan children.The Education Law of People’s Republic of Chinahas greatly emphasized on the construction ofsocialist ideologies in the educational curriculum.

Article 3 of Education Law state that, “In developingthe socialist educational undertakings, the state shalluphold Marxism-Leninism, Mao Zedong thoughtand the theories of constructing socialism withChinese characteristics as directives and comply withthe basic principles of the Constitution”.45 A 19-year old Tenzin Tsezin, a native of Lhasa, who arrivedin exile for better education testified that,

When we were in school, all the subjectswere taught in Chinese except for Tibetanlanguage. They really focus on impartingcommunist ideologies to produce loyalcommunist Tibetans. The history taughtin school is devoid of Tibetan perspectivesand thrust upon the students to learn onlythe Chinese version of Tibetan history.Since there is not much of an opportunityfor speaking and writing in fluent Tibetan,most of the students including me preferredto give more emphasis on Chinese andnaturally so because all the subjects aretaught in Chinese only.46

He further adds that, “the school administratorsrestrict students from performing prayers andreligious ceremonies, particularly the birthday of theDalai Lama. We were warned with the expulsionfrom the school immediately if found violating.Later, school administrator distributed handbookamong the students and instructed to memorize thecontent. The handbook contained a material criticalof the Dalai Lama and the “separatist” movement.The students were required to answer thequestionnaires given by the administrator to provetheir knowledge and loyalty after memorizing thebook. School authorities are using various meansto brainwash the Tibetan students like makingstudents sing the Chinese national anthem everymorning and were also made to celebrate Chinesenational day on 1 October with great pomp”.47

60


A 27-year old Yongdrung Lodoe from TengchhenCounty, Chamdo Prefecture “TAR” reveal that,“students in her school were not allowed to visittemples, attend teaching and initiation as well asforbidden to watch and hear the teaching of LamaMani (monk describing the different aspect ofBuddhism as illustrated in thangka)”.48

language

The use of Chinese as a medium of instruction poseda further problem for many Tibetan students. In2002 the Chinese language was equalised withTibetan as the medium of instructions, with theresult that many lessons in the TAR are now fullyconducted in Chinese language. This is despite theUN Convention on the Rights of the Child, whichChina has signed and ratified, stating that “theeducation of the child shall be directed to... his orher own... language”49 and China’s own EducationLaw providing for minority languages in education:“in schools and other institutions of education inwhich students of a minority ethnic group constitutethe majority, the spoken and written language usedby the specific ethnic group or commonly used bythe local ethnic groups may be used forinstruction”.50

The fact that a majority of middle and higher schoolsconduct teaching in the Chinese language poses aserious obstacle for Tibetan students to learning. Astudy by a research unit at George Mason Universityin Virginia, USA, has recently proved a direct linkbetween academic results and use of the mothertongue. Of twenty three schools involved in theproject, the majority showed that children educatedbilingually, in the mother and host language,performed consistently better in schoolwork. Astudy in New Zealand produced similar results whentracking the academic progress of Maori pupils wholearnt their own language as well as English, andthose who only learnt English.51

Students in the “TAR” are taught in Tibetan only atthe beginning of primary school, and after class fourinstructions are switched to Chinese for all subjects.52

This abrupt change is problematic for many Tibetanpupils who subsequently have difficulties infollowing and understanding the lessons. The classfour shifts to Chinese language are increasingly beingaccompanied by the replacement of Tibetan teacherswith Chinese, further disrupting the education ofTibetan students. A nine-year old, Jamyang Sherabfrom Tsawa Pangda, Pashod County, ChamdoPrefecture, “TAR”, told that, “recently in my school,Chinese has replaced our Tibetan teachers. Atpresent, there is only one Tibetan teacher left at theschool”.53 In urban areas, including Lhasa, theemerging teacher replacement policy is a direct resultof the population transfer taking place in the “TAR”.Financial incentives have persuaded increasingnumber of Chinese citizens to move to the “TAR”,meaning Tibetan students are often outnumberedin urban schools. This in turn encourages theassimilation of the nationality of teachers within thedominant Chinese composition of classrooms.

However, elementary school in villages and remoteareas inhabited mostly by Tibetans, teaching isconducted mainly in Tibetan language. But in themiddle and higher schools, medium of instructionis suddenly switched to Chinese, and Tibetan istaught only as a language. Tashi Dhondup, fromNyalam County, Shigatse Prefecture, “TAR” toldabout the usage of Tibetan in his school.

He says,During my study at elementary school,everything was taught in Tibetan, but inmiddle school, medium was suddenlyswitched to Chinese except for Tibetanlanguage. We Tibetan students faced lot ofdifficulties due to sudden change in themedium of study.54

Education in Tibet

61

Moreover, there are also some schools in Tibet,where everything is taught in Chinese from thebeginning of school and Tibetan is taught only as alanguage, that also up-to elementary level. A 23-year old Tsewang Gyatso, a recent escapees fromDartsedo County (Tib: Mi-nyak), Kandze “TAP”,Sichuan Provinces, testified that,

I went to Government elementary schoolfor 6 years, middle school for 3 years andhigh school for 3 years. In elementaryschool we were taught Tibetan as a separatelanguage, whilst all other subjects weretaught in Chinese. In middle and higherschool, we were taught English instead ofTibetan as a second language, and all othersubjects were taught in Chinese.55

It was reportedly told by recent escapees that, ‘theChinese teachers promote the study of Chineselanguage and discourage them from taking Tibetanand English language’. A 22-year-old, TsewangDolma from Rebkong County, Malho TibetanAutonomous Prefecture, Qinghai Province recallhow their English teacher advised them to learnChinese language instead of English. “We have two-three English teachers in our school who are Chinese.Instead of teaching us English, they tell us theimportance of learning Chinese language and madeus to study Chinese even during the English languageclass”.56

Though many Tibetans lament the absence ofopportunities in school to learn Tibetan language,history and culture, they also feel obliged to learnChinese and participate in the Chinese-dominatedschools system in order to enhance theiremployability, as only those students who excel inChinese have a chance of higher education.Opportunities in higher education are almostexclusively for those that speak Chinese, primarilybecause entrance examinations are conducted in

Chinese. A 25 year old, Namdrol Lhamo fromLhasa, who was unable to pursue higher studies, asshe was unable to score the required marks by .5percent told TCHRD that, “in all government runsschools it is mandatory for the students to give theirfirst priority to Chinese language starting fromelementary school. If one is not fluent in Chineselanguage, it is very difficult to find job even thoughone has passed the exam with good result. Thosewho fail to score good marks in Chinese are noteligible to apply for higher studies”.57

Above all, educational trainings and courses onhigher education are rarely available in Tibetanlanguage. The 1997 Chinese government promiseto provide a majority of higher educationopportunities in Tibetan as well as Chinese languageshas not yet yield any concrete results. Lucrativeemployments are often difficult to find withoutsufficient command in Chinese language. YongdrungLodoe testified that, “in his region only those whoare fluent in Chinese language were given job”.58 andTsewang Gyatso stated that “the Tibetan language isnot necessary to find oneself a job in Tibet”.59

Chinese language today has achieved a prominentstatus as a mainstream language replacing the nativeTibetan language not only in schools andgovernment offices, but also in all the day to dayactivities. Many Tibetan prefer studying Chineselanguage over Tibetan since the Tibetan language can

Post Office in Lhasa, where only Chineselanguage is used.

62


not fetch them daily bread and butter. All thegovernment documents are written in Chinese.60

Even the menial activities like posting letters requiresto be addressed in Chinese Language, long distancecall via the switchboard operator have to be placedin Chinese, and all telegram have to be sent inChinese. Even electrical appliances instructions areall written in Chinese.61

re-education in schools

Poor educational access and lack of quality educationmotivates many Tibetan parents to send theirchildren to pursue monastic education. This is theonly feasible alternative to study one’s own language,religion, history and culture, which are not possiblein regular schools in Tibet. However, with the launchof “Patriotic re-education” Campaign in 1996, theChinese government has tighten its hold onmonastic education in Tibet.62 Monks are preventedfrom studying regular religious education. Ratherthey have to under-go “re-education” and made tostudy six books63 on “patriotic re-education”.64

With Zhang Qingli taking over as a party secretaryof “TAR” in May 2006, Chinese governmentquickly launched a “patriotic re-education” campaignbeyond monasteries and nunneries to the widerpopulation in Tibet, including schools.65 A recentlyarrived young Tibetan student from Kandze “TAP”,Sichuan Province, said that,

Soldiers in uniform came to our school andtold us that Tibetans could not burn animalskins and if anybody wanted to do it, theywere asked to burn them in the privacy oftheir homes; they also asked the studentsclass by class whether they liked HisHoliness the Dalai Lama, if somebody saidthey didn’t, they were encouraged totrample underfoot a photo of His Holiness

but I could not do such a thing, so beforethe day soldiers reached my class I escapedfrom Tibet...66

A 23-year old monk, Ngawang Lodoe, one of the41 Tibetan refugees who survived the perilousjourney to India through Nangpa La pass, whenChinese People’s Armed Police (PAP) fired on 75unarmed escapees without any warning on 30September 2006, testified to TCHRD that,

Whilst in monastery, I learnt that Chineseauthorities are going to re-launch the‘patriotic re-education’ campaign aroundKongpo Nyingtri Prefecture in Octoberthis year, after their failure to yield anyconcrete result from the campaign launchedin Gaden, Drepung and Sera monasteries.I also learnt that this year the campaigntargets not only monasteries but alsogeneral public and will be comparativelymore rigorous.67

access to employment

Unemployment among Tibetan is highest in Tibet.Discriminatory education system and use of Chinesein job markets hurt many Tibetan students fromgetting rewarding and well paying job. Even a menialjob in restaurants, hotels, dance bars, travel agencyand clubs requires good command of Chineselanguage. A 25-year old Namdrol Lhamo, whoworked at a hotel in Lhasa for nearly four years afterfailing in exam, said that,

The owner of the hotel is a Tibetan andthere are nearly 140 workers and most ofthem are Tibetans. Most of the employeeshave been to middle school and were forcedto discontinue their higher educationowing to lack of tuition fees as the schoolscharged exorbitant fees, while there were

Education in Tibet

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some who can afford the fees, but fail toqualify the requisite mark by 3 percent. Thequalification required for getting anemployment in restaurants, hotels, dancebars, travel agencies and clubs can be met ifan applicant has middle school degree andpossess good command in Chineselanguage. The Government set the criteriathat those who do not know Chineselanguage will not get jobs in these sectorsand anyone who applies for job has to givequalifying exam in Chinese language.68

Many Tibetans, especially those hailing from Kham,Amdo and outside of Lhasa were not fortunateenough to get employed even in hotels andrestaurants, as they lack proficiency in Chineselanguage and end up working in brothels. Thenumber of Tibetan engaging in prostitution isgrowing by day.69

However these days, a mere possession ofeducational qualification cannot guarantee a steadyjob in Tibet. You need guanxi or enough money topay bribes to officials. With the large influx ofChinese migrants into Tibet, the situation is gettingmore deplorable day by day. The problem ofunemployment was further intensified with thegovernment declaration of its inability to providegovernmental jobs for Tibetans in “TAR”. In Maythis year, government issued a new regulation where‘guaranteed jobs for all Tibetan graduates to bephased out in next year’.70 Tenzin, during hisinterview with Radio Free Asia (RFA) through phonetold that, “Chinese government has declared thatdistribution of governmental job will be phased outby the end of this year. Afterwards, the student hasto find job themselves after completing their highereducation. Moreover, I read from the “TAR” dailynewspaper that Chinese government has decided toabolished job distribution and urged the Tibetan tosustain themselves in finding employment”.71

The problem of unemployment in Tibet isincreasing every year and the reason for the highunemployment rate among Tibetan in Tibet can beattributed to scarce job opportunities in Tibet andmany applicants for the said post as there are alsomany Chinese, who come to Tibet and competefor the seats which are meant for native people.

Chinese students in mainland China, through theirfamily connections secure a household registrationcard (Ch: Hukou) of “TAR” and sit in the exam fora seats which are meant for Tibetan students. Thisunfair practice by the Chinese deprived manyTibetans opportunities in employment. Tashi, astudent of Beijing University told that, “the policyof “TAR”, requires 70 percent of seats to bedistributed among Tibetans during admission ofstudents and job distribution. But in practice, it isopposite. Han Chinese receive more jobs thanTibetans. Thus, many Tibetan students were unableto find job and leaving scores of Tibetan graduatesunemployed ”.72

Education and unemployment in Tibet.

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In addition to the above, most of the secondary andtertiary sectors in Tibet are owned and run by Chinesebusinessman. Very few Tibetan own and runindustry and business in Tibet. Hence, Han Chineseis preferred more over Tibetan in this sector for theemployment. Due to that, Tibetans constitute mostof the unemployed in Tibet.

conclusion

Twenty years has passed since the enactment of thenational law on education calling for a “nine-yearcompulsory education” by the National PeopleCongress (NPC) in 1986.78 However in Tibet,educations continue to remain beyond the reach ofmany natives.

Twenty years down the line, many Tibetan childrenstill do not have adequate access to school. Theunavailability and unaffordablity of the educationhave denied education to a generation of Tibetans.The education available to some Tibetan are onlymeant to indoctrinate the Tibetans. The lesson onTibetan history, culture, religion and language arenon-existent in school curriculums. The aim of theChinese government’s education policy in Tibet isto ‘inculcate a love for the motherland and socialism’and to oppose the ‘separatist activities’. With thelaunch of “patriotic re-education” campaign inschools, the state of education in Tibet has gone frombad to worse.

Due to lack of education opportunities in Tibet andleft with no further alternatives, many Tibetanchildren were compelled into fleeing across thetreacherous Himalayan mountains through longperilous journey for a better education in schoolsrun by exile Tibetan government. Cases like frostbite,starvation, death and lost, arrest and maltreatmentby border security officials are common risk theyundertake in hope of pursuing better education in

This discriminatory practice by Chinese authoritiesin hiring Tibetans for civil service jobs becomeknown when about 1000 Chinese and Tibetanstudents sat for a civil service examination on 30September 2006 for 100 jobs in the administrationof the “TAR”, where 98 of the jobs went to Chinesestudents with only two job placements went toTibetans.73

Moreover, under Western DevelopmentProgramme, Chinese government encourages itsmainland Chinese students to work in western regionparticularly in Tibet74, by introducing number ofincentives like study loan waiver if they work in Tibetfor a minimum of five years,75 and guaranteedsalaries, medical care, and subsidies for those whowork in Tibet.76 Due to that policy, the number ofChinese migrating to Tibet for employment is onthe rise, resulting in unemployment among Tibetangraduates. This trend has further intensified withthe opening of new railway line between Golmudand Lhasa.

The practice of Chinese “guanxi” system and briberyfor securing job in Tibet has further contributed tothe growth of ‘unemployment’ among Tibetanyouths as most of the Tibetans come from nomadicand poor families and cannot afford bribes for theofficials. In October 2004, more than 300unemployed Tibetan graduates from Golog “TAP”,Qinghai Province, staged a rare protest by puttingup tents in front of government offices and appealedbefore the government for jobs. They re-appealedin May 2006, and asked the government to changethe practice of giving jobs in Golog “TAP” only torich, affluent peoples and those having “guanxi”,while denying jobs to natives of the region. However,they did not receive any response to their appeal,and these unemployed graduates are currentlyworking at restaurants and guest houses as waitersand servants.77

Education in Tibet

65

exile. Those who are caught by Chinese police aretaken back to Tibet and put in prison, while thosecaught by Nepalese border police are deported backto Tibet.

In June 2006, a group of 26 Tibetans, of whom 9were minor children, started their journey fromLhasa via Lhartse to Shar-Khumbu for Dharamsala.While on their journey, one Tibetan died and twolost from the group. Those who managed to escapesaid that, “they had faced lots of hardship duringtheir treacherous journey as they have to sleep duringday and travel during night in order to avoid andelude the Chinese and Nepalese border police”.79

It can be concluded from the fact that most of therecent escapees constitute mainly of school agechildren, monks and nuns, highlight the deplorablecurrent state of education in Tibet. Of the 75 refugeeswho crossed the glaciated Nangpa La Pass (whereChinese People’s Armed Police fired on a group of 75escapees on 30 September 2006, which resulted inthe death of at least two Tibetans including 17 year-old Kalsang Nortso), 41 of them were childrens beloweighteen year.80 Despite all the measures undertakenby Chinese government to prevent Tibetan fromfleeing into exile, 2445 Tibetan were able to seekrefugee in India in 2006 alone (the figure representonly those who have registered at Dharamsala basedTibetan Reception Centre in 2006), majority of theescapees constitute of children below 18 years ofage.81 They come into exile to receive audience withthe Dalai Lama and for better school and monasticeducation. Certainly, not so many Tibetan childrenand youth would undertake such a high risk for thesake of education, if the freedom, facilities andopportunities existed in Tibet.

endnotes

1 h t t p : / / p o r t a l . u n e s c o . o r g / e d u c a t i o n / e n / e v. p h p -URL_ID=18845&URL_DO=DO_TOPIC&URL_SECTION=201.html

2 h t t p : / / p o r t a l . u n e s c o . o r g / e d u c a t i o n / e n / e v. p h p -URL_ID=9019&URL_DO=DO_TOPIC&URL_SECTION=201.html

3 Articles 26 (1), Universal Declaration of Human Rights4 Articles 28 (1), UN Convention on the Rights of the Child5 Article 19, Constitution of the People’s Republic of China6 Articles 9, Education Law of the People’s Republic of China7 China Human Development Report 2005, Disparities in

education, page 468 Human Development Report 2006, Table 12-Literacy and

enrolment, page 3249 www.china.org.cn/english/zhuanti/tibet%facts/163911.htm10 Tibet Statistical Yearbook 2005, Number of Schools by Level

and Type, page 25611 China Human Development Report 2005, Table 8- 2003 sexual

illiterate/semi-illiterate percentage in different provinces, page 16112 ibid13 www.fpeng.peopledaily.com.cn/20000321_37815.html14 The Human Development Index (HDI) is a composite of

three basic components of human development: longevity,educational attainment and standard of living. Longevity ismeasured by life expectancy at birth. Educational attainmentis measured by a combination of adult literacy (two thirdweight) and combined primary, secondary and tertiaryenrolment ratios (one-third weight). Standard of living ismeasured by purchasing power, based on real GDP per capitaand express in terms of purchasing power parity (US dollars).

For the construction of the HDI, fixed minimum and maximumvalues were established for each of these indicators:

1) Life expectancy at birth: 25 years and 85 years(2) Adult literacy: 0 percent and 100 percent(3) Combined enrolment ratio: 0 percent and 100 percent(4) Real GDP per capita (PPP $): 0 percent and 100 percent

15 Formula for computing Educational Index of Tibet:Adult literacy index:

Actual value (45.14) - Minimum value (0)Maximum value (100) - Minimum value (0)

Adult literacy index=0 .45

Combined enrolment index: Actual value of 3 sector (53.9) - Minimum value (0) Maximum value (100) - Minimum value (0)

Combined enrolment index= 0.53

Education index of Tibet:Two third Adult literacy (0.3) + enrolment index (0.17)Education index= 0.47

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16 China Human Development Report 2005, Table-1, 2003Human Development Index (HDI) of different provinces, page154

17 China Human Development Report 2005, Allocation of publicresources, page 50

18 China Human Development Report 2005, Allocation of publicresources, page 52

19 Interview with Tsewang Gyatso at Sherab Gatsel Lobling,Dharamsala in October 2006

20 “Sinicization, affordability and malpractices drive Tibetanchildren across the Himalaya”, Human Rights Update, TCHRD,Vol. XI, No. 4, TCHRD, 2006, p.4, also available at http://www.tchrd.org/publications/hr_updates/2006/hr200604.pdf

21 Article 18, Education Law of the People’s Republic of China22 Interview with Tashi Dhondup at Sherab Gatsel Lobling,

Dharamsala in October 200623 Article 13.2 (a), International Covenant on Economic, Social

and Cultural Rights; “The States Parties to the presentCovenant recognize that, with a view to achieving the fullrealization of this right: (a) Primary education shall becompulsory and available free to all;”

24 Article 8 (1), Declaration on the Right to Development; “Statesshould undertake, at the national level, all necessary measuresfor the realization of the right to development and shall ensure,inter alia, equality of opportunity for all in their access tobasic resources, education, health services, food, housing,employment and the fair distribution of income. Effectivemeasures should be undertaken to ensure that women have anactive role in the development process. Appropriate economicand social reforms should be carried out with a view toeradicating all social injustices.”

25 Article 10, Education Law of People’s Republic of China26 Article 56, Education Law of People’s Republic of China27 Kathmandu TCHRD Interview No# 4, July 200628 Kathmandu TCHRD Interview No# 8, August 200629 Interview with Sonam Dhondup at Sherab Gatsel Lobling,

Dharamsala, October 200630 “Guanxi” literally means ‘relationships’ or ‘connections’, and

refers to the personal connection between two people in whichone is able to prevail upon another to perform a favour orservice.

31 Article 56, Education Law of the PRC; “[t]he State Counciland the people’s governments at or above the county levelshall set up a special fund for education to be used mainly forassisting outlying and poverty-stricken areas and areasinhabited by minority ethnic groups in enforcing compulsoryeducation there.”

32 China Human Development Report 2005, Table-7, 2003 Rural& urban per capita GDP of different provinces (yuan), page 160

33 Article 18, Education Law of the PRC; “The State shall adopta nine-year compulsory education system. The People’sgovernment at different levels shall adopt every measure toensure children and juveniles of school age to go to school.Parents and guardians of children and juveniles of school ageand relevant social organizations or individuals shall have theduty to ensure that children and juveniles of school agecomplete the compulsory education of a prescribed length.”

34 Interview with Lobsang Dolkar at Tibetan Reception Centre,Mcleod Ganj on 21 July 2006

35 Kathmandu TCHRD Interview No# 7, July 200636 Kathmandu TCHRD Interview no# 7, November 200637 Article 26, Education Law of PRC; “The establishment of

schools or other educational institutions shall be subject tothe following requirements of availability: 1. organizedinstitution and constitution; 2. qualified teachers; 3. teachingand learning rooms, facilities and equipment that meet theprescribed standards; 4. funds necessary for operation of theschool and steady source of capital injection”.

38 Interview with Jamyang Sherab at Tibetan Reception Centre,Mcleod Ganj on 21 July 2006

39 Interview with Tashi Dhondup at Sherab Gatsel Lobling,Dharamsala, October 2006

40 Interview with Kelsang at Tibetan Reception Centre, McleodGanj on 21 July 2006

41 ibid42 “Tibetan University Students Stage Protest”, Human Rights

Update, TCHRD, Vol. XI, No. 11, 2006, page 2. Also availableat http://www.tchrd.org/publications/hr_updates/2006/hr200611.pdf

43 Speech by “TAR” Party Secretary Chen Kuiyuan at the fifthRegional Meeting for Education in “TAR” on 26 October,1994

44 Interview with Norzin at Sherab Gatsel Lobling, Dharamsalain October 2006

45 Article 3, Education Law of PRC46 “Sinicization, affordability and malpractices drive Tibetan

children across the Himalaya”, Human Rights Update, TCHRD,Vol. XI, No. 4, 2006, page 4. Also available at http://www.tchrd.org/publications/hr_updates/2006/hr200604.pdf

47 ibid48 Interview with Yongdrung Lodoe at Sherab Gatsel Lobling,

Dharamsala in October 200649 Article 29, Convention on the Rights of the Child; “1. State

Parties agree that the education of the Child shall be directedto: (c) The development of respect for the Child’s parents, hisor her own cultural identity, language and values, for thenational values of the country in which the child is living, thecountry from which he or she may originate, and for civilizationsdifferent from his or her own;” and Article 30, CRC; “In thoseStates in which ethnic, religious or linguistic minorities orpersons of indegenous origin exist, a child belonging to such aminority or who is indigenous shall not be denied the right, incommunity with other members of his or her group, to enjoyhis or her own culture, to profess and practise his or her ownreligion, or to use his or her own language.”

50 Article 12, Education Law of the People’s Republic of China51 h t t p : / / p o r t a l . u n e s c o . o r g / e d u c a t i o n / e n / e v. p h p

U R L _ I D = 2 0 2 8 0 & U R L _ D O = D O _ T O P I C &URL_SECTION=201.html

52 Interview with Kelsang at Tibetan Reception Centre, McleodGanj in 21 July 2006

53 Interview with Jamyang Sherab at Tibetan Reception Centreon 21 July 2006

Education in Tibet

67

54 Interview with Tashi Dhondup at Sherab Gatsel Lobling,Dharamsala in September 2006

55 Interview with Tsewant Gyatso at Sherab Gatsel Lobling inAugust 2006

56 Kathmandu TCHRD Interview No# 2, November 200657 “Unfavourable education policies compels Tibetan girls into

prostitution”, Human Rights Update, TCHRD, Vol. 11, No.7, page 2. Also available at http://www.tchrd.org/publications/hr_updates/2006/hr200607.html

58 Interview with Yongdrung Lodoe at Sherab Gatsel Lobling,Dharamsala in August 2006

59 Interview with Tsewang Gyatso at Sherab Gatsel Lobling,Dharamsala in August 2006

60 RFA interview with Sonam la through phone on 14 November2006, www.rfa.org/service/audio_popup.html?file=http://www.rfa.org/tibetan/tamlenggiletsen/tamlengzhalpar/2006/11/14/t1115-call.mp3

61 “Problem Related to Bilingual education in Tibet” by BadengNima, available at http://www.khamaid.org/programs/education/Tibetan%20language%20in%20education.htm

62 Refer to “Patriotic re-education” in Religion Chapter, AnnualReport 2006, TCHRD

63 Six books of “Patriotic re-education” were handbook on;“crushing the separatist, handbook of contemporary policies,handbook of policies on religion, handbook on Law, handbookon Ethics for the masses and handbook of history of Tibet.”

64 “China recommences “patriotic education” campaign in Tibet’smonastic institutions”, Human Rights Update, TCHRD, Vol.X A, No. 9, 2006, page 2. Also available at http://w w w. t c h rd . o r g / p u b l i c a t i o n s / h r _ u p d a t e s / 2 0 0 5 /hr200509.html

65 “China Tightening Control Over Tibet” by Maureen Fan,Washington Post Foreign Service, Saturday, August 5, 2006;A16. Available at http://www.washingtonpost.com/wp-dyn/content/article/2006/08/04/AR2006080401471_pf.html

66 “Re-education campaign in Tibetan schools in Tibet; studentsdetained in Kandze”, Phayul.com; Available at http://www.phayul.com/news/article.aspx?id=12930&t=1&c=1

67 “Tibetan Monks still faces hardship due to “Patriotic re-education””, Human Rights Update, TCHRD, Vol. XI, No.11, 2006, page 6. Available at http://www.tchrd.org/publications/hr_updates/2006/hr200611.pdf

68 “Unfavorable education policies compels Tibetan girls intoprostitution”, Human Rights Update, TCHRD, Vol. XI, No.7, 2006. Also available at http://www.tchrd.org/publications/hr_updates/2006/hr200607.html#girls

69 ibid70 “China’s last guaranteed jobs axed, Tibetan graduates face

market”, China Tibet Information Center; available at http://en.tibet.cn/news/tin/t20061128_182205.htm

71 RFA interview with Tenzin la, through phone on 14 November2006, http://www.rfa.org/service/audio_popup.html?f i l e=http: / /www.r fa .org/t ibetan/tamlenggi le t sen/tamlengzhalpar/2006/11/14/t1115-call.mp3

72 Radio Free Asia interview with Tashi la, through phone on 14November 2006, http://www.rfa.org/service/

audio_popup.html? file=http://www.rfa.org/tibetan/tamlenggiletsen/tamlengzhalpar/2006/11/14/t1115-call.mp3

73 “Tibetans Stage Rare Public Protest in Lhasa”; Radio FreeAsia, available at http://www.rfa.org/english/news/2006/11/08/tibet_protest/

74 “Chinese President encourages college graduates to work inwest”, Xinhua News, 19 September 2005

75 RFA interview with Tenzin la, through phone on 14 November2006, http://www.rfa.org/service/audio_popup.html?f i l e=http: / /www.r fa .org/t ibetan/tamlenggi le t sen/tamlengzhalpar/2006/11/14/t1115-call.mp3

76 Morning news from RFA on 20 November 200677 “Tibet University Student Stage Protest”; Human Rights

Update, TCHRD, Vol. XI, No. 11, 2006. Also available athttp://www.tchrd.org/ publications/hr_updates/2006/hr200611.pdf

78 James C.F. Wang, Contemporary Chinese Politics, An Introduction,Seventh Edition, Page 340

79 “One died, two lost while fleeing into exile”, Human RightsUpdate, TCHRD, Vol. XI, No. 7, 2006, page 5. Also availableat http://www.tchrd.org/publications/hr_updates/2006/hr200607.html#exile

80 “Illegitimate killing on Nangpa La pass by Chinese police”,Human Rights Update, TCHRD, Vol. XI, No. 10, 2006, page1 Also available at http://www.tchrd.org/publications/hr_updates/2006/hr200610.html#Nangpa

81 The statistic for 2006 was received from Tibetan ReceptionCentre, Mcleod Ganj, Dharamsala

68

Mining and Enviromental Destruction in Tibet

69

DEVELOPMENT IN TIBET

introduction

One of China’s stated aims in occupying Tibet in1950 was to promote the development of Tibetanpeople; whilst in recent times, stability anddevelopment are stated to have been at the core ofChina’s policy in Tibet. China claims that since PLAsoldiers entered Tibet, there has been a significantprogress, particularly in the area of infrastructuredevelopment; however, the question of whatconstitutes “infrastructure development” and whohas benefited from such development, i.e., theChinese or Tibetans, remains highly controversial.

2006 was the year of the “historic” completion ofthe Qingzang Railway, which took 7 years to buildand cost over 4 Billion dollars. It remains the mostexpensive single project ever undertaken in Tibet.

The 10th Five Year Plan called for a redirection ofeconomic focus and attention from Chinese coastalcities, which had long benefited from governmentfunding, to the Chinese countryside. This wasimplemented under the 11th Five Year Plan whenthe slogan “The Creation of Socialist Countryside”was adopted. China put forward many plans andlofty ideals of bringing riches to the central andwestern regions of China, with a particular emphasison Tibet, which even surprised many China-watchers. In theory, this ought to have beenbeneficial for Tibetans as millions of dollars have

been pumped into Tibet; however, it is questionablewhether Tibetan people, particularly those in ruralareas, have benefited from this State funding. Thereis much propaganda on Xizang TV and TibetTelevision claiming great strides and colourfulachievements under the wise and benign leadershipof Chinese Communist Party; however, a significantproportion of those Tibetans who seek exile in Indiapresent a different picture: one of suffering andpoverty in Tibet.

Disclaimer: This chapter is intentionally brief inorder to provide readers with an introduction toissues and matters related to development withoutelaborate research and analysis. The chapter aims topresent information received by TCHRD fromTibet on the situation and violation of human rightsthere in the Year 2006.

development: the year inperspective

displacement and dispossession oflands1

Sonam Dorjee, 44, from Bido village, Ra-shingTownship, Qinghai Province, gave testimony toTCHRD at Kathmandu Refugee Reception Centreon 8 August 2006.

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The local authorities in his area decided to constructa road passing through his hometown. The route ofthe road was apparently chosen for the benefit ofthe Huis Chinese population in the town of Sen-phen, a town consisting of 420 families. The roadencroached upon the farmlands of Bido, which is aTibetan village, and caused serious damage to thecrops and farms of the Tibetan villagers.

Sonam Dorjee reported:

Our villagers approached the Huis Chinesecommunity and asked them not toconstruct the road. However the exchangeof opinions failed to resolve the problemand soon the matter escalated into a bitterfeud resulting in serious injury to oneTibetan man, Dukar Kyap, a 32 year oldvillager. He was later hospitalized but,unfortunately, the Huis Chinese communiydid not pay his medical expenses.

Later police came in two vans to settle thefeud. The local authority decided not tocontinue constructing the road. In the past,the two communities have had acomplicated relationship. Three years ago,the Huis Chinese community inhumanelykilled cattle and domestic animals ownedby Tibetans when the animals encroachedtheir farms. There have also been othersimilar incidents of this nature which hurtand angered local Tibetans. However, ourside has not retaliated against the HuisChinese since we have been reduced to aminority group.

According to Sonam Dorjee, feuds and tensionbetween the two communities are common. TheHuis Chinese people own rich commercialenterprises and, therefore, have a powerful influenceon the local Chinese authorities. They look down

upon Tibetans whom they perceive to be illiterateand backward. Poverty is widespread in the Tibetancommunity.

Assessment: This case study illustrates how Tibetanpeople are reduced to minority and feeldisempowered in some areas.

man-made displacement crisis2

A few years back, there was a forced resettlement ofa large group of Tibetans from the Jol region ofKham who, under strict orders from the Chineseauthorities, were resettled to Gyamda County,Nyingtri Prefecture, “Tibet Autonomous Region”(“TAR”), Kongpo. Such insensitive and often forcedresettlement of people has resulted in tensionbetween various communities. Since the resettlementof the Jol Tibetans, there have been problems overpasture and other ownership rights as Khampas andethnic Chinese, who have no rights over the landfrom which the Tibetans were forcibly displaced,have collected “caterpillar fungus”, 500g of whichcan be sold for up to 15,000 Yuan, from the Tibetans’land.

During disputes, the local Chinese authorities haveremained silent and haven’t punished thewrongdoers, nor helped to settle disputes. They haveturned a blind eye to the unlawful behavior ofKhampas and ethnic Chinese. This has had the effectof encouraging many Khampas and Chinese tocontinue collecting and selling the “caterpillarfungus”, with resulting tax revenue for township andcounty level government.

mining and displacement of tibetans inphenpo lhundup county3

According to testimony given to TCHRD by a newarrival from Tibet to India who withheld his name,there has been a mass displacement of Tibetans from

Development in Tibet

71

an area in which they have lived for centuries in thewake of the discovery of a mineral deposit in PhenpoLhundup County.

70 families from Sertsa village, Nyana Township,Phenpo Lhundup county were required by theChinese government to move from Sertsa village toYulchen township. The inhabitants of Sertsa villagewere largely farmers and nomads who had beenliving in the area for generations. The village headpetitioned the local authority against the planneddisplacement; however, the authority turned downthe request that the Tibetans be allowed to stay intheir homes.

From late 1999, Chinese scientists and survey groupsvisited the remote valley of Sertsa and carried outmeticulous research, leading to the discovery ofmineral deposits. The Chinese government plannedto resettle the Tibetans in Sertsa village from 2000;however, the villagers were largely kept in the darkabout these plans. From early 2003 onwards, thelocal authority began the displacement of theTibetans in a phased manner, moving 20 Tibetanfamilies at a time.

In Yulchen Township, the Chinese governmentconstructed houses for the displaced Tibetans fromSertsa village but the houses were too small toaccommodate them. Houses have 5 small roomsbut this is not sufficient to accommodate Tibetanfamilies with many family members. The housesalso lack basic amenities, such as a fresh water supply,electricity and drinking water. The displaced Tibetanshave to fetch drinking water from springs and rivers.

the crisis faces by the tibetans

The displaced Tibetans from Sertsa village were allfarmers and nomads. Sertsa village is known for itsrich pasture for livestock. In Yulchen township, thevillagers have to pay heavy pasture tax, as well as

suffering as a result of the lack of proper housingand basic amenities.

The Chinese government gave a lame excuse for theforced displacement, saying that Sertsa village is tooremote, that there are no proper roads and that it isunsafe to carry out the necessary development ofthe village. None of the villagers have spoken outagainst the government, fearing the consequences ifthey do. The interviewee said

I would say that 30 percent of profits andbenefit goes to the local Tibetans and theother 70 percent goes to the Chinese. TheChinese government does not care aboutthe welfare and interests of the Tibetanpeople. I saw dynamite and explosives wereused to dig the mines and quarry. Therewas so much destruction and damage tothe ecology and environment of thesurrounding areas.

hydroelectric powers station submergestibetan villages4

Rinchen Dhondup, 25, from Bido village, NyithaTownship, Henan County, Qinghai Province, gavetestimony to TCHRD at Kathmandu RefugeeReception Centre on 12 July 2006 about thedisplacement of Tibetan villages due to theconstruction of a hydroelectric power station in thearea.

According to the Chinese government’s plan, ahydroelectric power station will be built in HenanCounty and Bido village, with 160 families; Nithavillage, with 100 families; and Suchen village, with120 families, are all to be submerged under wateronce the dam fills up.

The local residents are very worried and fearful. Theyare of view that not only will this lead to massive

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destruction of the environment and ecology, it alsocreates uncertainty about their lives and future.However, the construction is to go ahead unhinderedand is to be completed in 2 years’ time.

health care5

Dorjee Dhondup, 25, from Do-ge Township,Kanlho Prefecture, Gansu Province, gave testimonyto TCHRD at Kathmandu Refugee ReceptionCentre on 20 September 2006.

He was born to a poor semi-nomadic family of five.He is the eldest of the siblings. During his teen years,he had an accident that damaged his ear drum andsince then he has experienced problems with hishearing. His other ear later became infected and heneeded urgent treatment, probably immediatesurgery, in order to save his hearing.

When he visited a Chinese doctor at the hospital,the doctor demanded 2,000 Yuan from him withoutwhich he would not provide the required urgenttreatment. At the time, Dorjee Dhondup only had700 Yuan with him. The doctor didn’t even look athis ears. Dorjee Dhondup then borrowed 2500 Yuanfrom a person in his village and went back to thedoctor. He was hospitalized for nearly a month. Nodiagnosis was made in relation to his infected earproblem. He paid 3,000 Yuan but was not givenproper treatment or medication. He submittednumerous petitions to the local authorities,requesting that he be provided with health care andsupport, but received no positive response.

Due to his hearing problem, he was unable to go toschool to receive education and worked as sheep andyak herder. A few years back, he had a poor harvest.Finally, having concluded that he cannot forever livein poverty, he decided to flee Tibet in hope ofreceiving medical treatment for his ear andeducation.

education: a colonial design6

Dhondup Tsering, 30, a businessman from Shit-TsaTownship, Talung County, Qinghai Province, gavetestimony to TCHRD at Kathmandu RefugeeReception Centre on 8 October 2006.

At the age of 7, he attended the people’s school andstudied until the fifth grade. There were 49 studentsin his school. When he was in first grade, Tibetanlanguage was removed from the curriculum. TheTibetan teacher was sent back to his native village asthere was no need for him given that Tibetanlanguage was no longer to be taught at the school.Later, Dhondup Tsering attended the county schoolat Bayen where there were 300 students. The 50percent of the students were Han Chinese, 30 percent were Huis Chinese and 20 percent wereTibetans. Subjects such as Chinese language, history,physics, chemistry and political science were taught.Tibetan language was not taught. The Tibetanstudents at the school were required to speak Chineserather than Tibetan.

In the last few decades, there has been a dramaticrise in the Chinese population in the area. The costof education is very expensive and almostunaffordable for Tibetans. Dhondup Tsering wantedto pursue higher education but was unable to dueto the exorbitant fees. Each semester cost around600 Yuan, which, according to official statistics, is60 per cent of the annual income of a person inTibet. He left school and set up a small shop.

minority and economic disadvantages7

Dhondup Tsering also gave testimony to TCHRDin relation to the economic disadvantages faced byTibetans as a minority group.

There are many shops, restaurants and hotels ownedby Huis Chinese in and around the Kokonor Basin.


73

In the summer, and even in winter, Huis Chinesepeople catch fish from Kokonor Lake. Since theyhave become the dominant ethnic group in the area,they monopolize the fishing business in the area.Every year, thousands of Chinese tourists flock tothe area in and around Kokonor Lake Basin andstay in hotels and guesthouses built by the Chinesegovernment. These hotels and guesthouses are rentedto the Huis Chinese, who run them, keeping a shareof the profits and giving the rest to the government.Huis Chinese hoteliers charge around 6000 to 7000Yuan per year. This is 7 times more than the annualper capita income of Tibetans in Tibet.

Huis Chinese businessmen are skilled and shrewd.Dhondup Tsering couldn’t survive the competitionand his business was no longer profitable. He reportsthat every month, hundreds of Huis Chinese moveto the Kokonor Basin to begin new life. Owing toimmense pressure, waste and drainage are heavilypolluting the Kokonor Lake. In hope of finding anew life and hope for the future, Dhondup Tseringsought exile in India.

repressive economic policies andtaxation burden8

On 23 October 2006, a person from GyamdaCounty, Kongpo, Nyingtri Prefecture gavetestimony to TCHRD at Kathmandu, Nepal. Hewithheld his name. He reported:

Like all of my villagers, I had been livingthe life of a poor farmer. There is nomobility in life. Therefore, the villagers inmy locality go up to highland to collectYartsa Gunbu (a Caterpillar Fungus whichis used in Chinese medicine that fetches avery good price in the market) tosupplement our income. The peak monthsare between March and May.

The growing surge of income for the villagers caughtthe attention of the local Chinese authorities. Localgovernment officials, often corrupt, eyed thelucrative “fungus” as another way of levying tax onpeople so that they could generate some extraincome. Of late, “fungus” collectors have had to payheavy taxation to the local authorities and, moreover,people coming from outside the region have to paya much higher rate of tax, up to 3000 Yuan percollector. This is 3 times more than annual per capitaincome of Tibetans in Tibet.

Due to the growing number of Tibetans collecting“fungus” during the peak summer season, the sizeof harvest has been shrinking. Nevertheless, taxes,often heavy, must be paid to both the township andcounty level authorities.

environmental and ecologicaldestruction9

Tashi Tsering, aged 18 from Dromo Township,Gyamda County, Nyingtri Prefecture, gavetestimony to TCHRD at Kathmandu RefugeeReception Centre on 17 October 2006 in relationto ongoing environmental and ecological destructionin his native hometown.

According to Tashi Tsering, China is continuing its’immense destruction of the Kongpo forest in Tibetwith no regard to ecological considerations. Thefamed Kongpo forest was a region of dense forestprior to the Chinese occupation and even before theCultural Revolution. Today, however, a major partof the forest cover has disappeared, leaving behindbarren valleys and hills after years of uncheckeddeforestation and logging. Many of the species ofthe region have also vanished according to localpeople.

Ironically, the Chinese government issued strictorders restricting the collection of firewood by local

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Tibetans, explaining to villagers the harmfulconsequences of ecological and environmentaldestruction caused by cutting down trees. The localand central governments initiated campaigns callingon local people not to cause damage to theenvironment and ecology. Villagers were mobilizedto plant and grow trees. The local authorities, inclose collaboration with central government, thenresorted to rampant and reckless deforestation andlogging to sell and trade timber to companies outsideof the region. Tashi Tsering recounted, “It was aregular sight to see huge convoys of truckstransporting timber and wood to Lhasa and to otherprovinces in China. Strangely, not a single piece ofwood or log reaches ordinary Tibetans”.

It is now rare to see species which inhabited Kongpoforest and were previously prevalent, including bears,mountain sheep and musk deer. Of late, the Chinesegovernment has banned Tibetans from poaching;however, there is a growing number of Chinesesettlers in the Kongpo region, many of whom maketheir living by poaching and hunting.

tibetans forced to build new houses10

Tashi Tsering also gave testimony to TCHRD inrelation to Tibetans being forced to build new housesunder China’s Housing Programme.

Under the Housing Programme, which iscompulsory, the government lends money to allTibetan families to construct new houses. Accordingto the government, it costs around 20,000 Yuan fora family to build a new house. The government lendsfamilies 10,000 Yuan and they must find the other10,000 Yuan from other sources.

If families refuse to build new houses, thegovernment issues an enforcement warningindicating that they must comply or have theirhouses demolished. Tibetans are thus being forced

into debt and penury. At present, many Tibetans inrural areas are living under the burden of substantialloans. The Chinese government is doing little toaddress their problems.

Tibetans forced to build new houses under theHousing Programme complain that the houses arenot of traditional Tibetan design and are bad fortheir health. They are made of bricks and cement,rather than wood; are narrow; and are not largeenough to house Tibetan families with many familymembers. The fact that the new houses must bebuilt to Chinese, rather than Tibetan, specificationin terms of design, raises questions of the erosion oftraditional Tibetan culture and identity. Anyarguments based upon environmental considerationswhich the authorities might use to justify the factthat timber materials cannot be used in building thehouses would appear to be undermined by theiractions in selling timber and wood for constructionin large cities and to large companies in China.

impoverishment of tibetan nomads11

Rinchen Dhondup, 25, from Botho village, NyithaTownship, Henan County, Qinghai Province, gavetestimony to TCHRD at Kathmandu RefugeeReception Centre on 12 July 2006 about theimpoverishment of nomads in his area of Tibet byvirtue of new legislation.

Impoverishment of Nomad


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Rinchen reported:In 2003, the Chinese governmentintroduced a new domestic law for Tibetannomads. The new law, calling for the“Modernization of Western China”,required Tibetan nomads to decrease thesize of their animal herds. The law washard-hitting for Tibetan nomads, whopride themselves on rearing and herdinglivestock on the steppes for their livelihood,a way of life that has been passed down thecenturies.

The law placed Tibetan nomads under pressure tosell the meat of their livestock to Chinese meatmerchants at reduced rates. The Chinese governmenthas long issued propaganda depicting the nomadicway of life as “primitive and backward”. Thegovernment has also informed nomads that keepinglarge amounts of livestock puts pressure on grasslandpasture, leading to degradation.

Rinchen testified:Prior to the new law, my family had 90Zsos (cross breed between yak and cow)and 250 sheep. But now we are allowed tokeep no more than 2 Zso and 5 sheep.Moreover, we would be taxed if we wereto keep herds of animals. The governmentis trying hard to make us abandon ourancestral nomadic tradition. The yearsahead will be tough for the Tibetan nomads.

According to Rinchen, the new law has beenintroduced for 2 reasons. Firstly, it is the aim ofChinese government to destroy the nomadictradition and to ensure that nomads move to townsand cities. In the past, those nomads who haveabandoned their livelihoods have met with tragedy.They are illiterate and have no alternative skills toearn a living. Many of them have ended up living alife of impoverishment and destitution. Secondly,

the Chinese government has discovered naturalresources in Rinchen’s locality where the hill named“Nyida” is believed to contain gold, silver, coal andiron deposits. The introduction of the new law was,therefore, a clever ploy by the government to movenomads to a distant place in order to exploit thesenatural resources.

chinese government and PLA soldiersput gansu nomads in crisis12

Pema Rinchen, 46, a nomad from Kanlho, Sangchucounty, Gansu Province gave testimony to TCHRDat Kathmandu Refugee Reception Centre on 13December 2006 in relation to the impoverishmentof nomads in Gansu Province.

He said:The Chinese government has recentlyintroduced a new policy in respect ofnomads. The new policy, directed atnomads in Gansu, is aimed at reducing thesize of their herds of livestock. Pasture isdistributed amongst them. Each family hasto pay pasture tax, such as 2.50 Yuan perMu (roughly 67 square meters) of land.The pasture tax comes to 2000 Yuan everyyear. We dislike the new policy but can’tdo anything about it. We are not able torear and raise livestock as we did in the past.At the present we are not allowed to keepmore than 50 to 100 livestock.

In the past, Tibetan nomads in Sangchu County,Kanlho had the best pastureland. They had largeherds of livestock, a good life, meat, cheese, milkand other animal products in abundance. They soldtheir surplus products in the markets.

Pema Rinchen further stated:I had around 300 Yaks and 300 sheep. Ihad an income of 200, 000 Yuan but now

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the Chinese government has restricted meto keeping 30 Yaks and 80 sheep. Ourincome and living standard have drasticallydecreased. Nowadays, we eat meagerly sothat our provisions last for a year.

He reported that in June 2006, 5000 militarypersonnel, People’s Armed Police (“PAP”), carriedout a military drill on Kanlho pastureland. An areaof 30, 000 square Mu. During the drill, soldiers didnot allow local nomads to use the pastureland asTibetans were not allowed in the vicinity of the drillexercise. The pastureland was damaged and destroyedduring the drill.

He said:There were many small airplanes, around200 motor vehicles, artillery shells,explosives, and sniping and marksmanshipby the soldiers. They even used livestock astargets, killing animals. Moreover, thesoldiers left behind seriously damagedpastureland. They paid nothing incompensation to the nomads. The nomadswere deeply hurt and angered yet they coulddo nothing.

local government misuse of power13

In the same county of Kanlho, the local authoritiesmismanaged the nomad’s fund. In 2001, a Chineseentrepreneur collected money from Tibetan nomads,however, with the involvement of local authorities,the money collected disappeared without a trace.The nomads forwarded a petition to the localauthorities but received no response.

In 2005, a peaceful protest against the localauthorities was held, however, a local Tibetan official,Tsering Dhondup; Huis Chinese officials; and PAPsoldiers suppressed the protest and issued a tersewarning that such protest would amount to counterrevolutionary activities with dire consequences.

Later, after a change in government officials, newlocal officials solved the case by stating that this wasa case of “corruption and misuse of public funds”.Each family had invested 100 Yuan in the enterpriseand there were 2,200 families. The authorities at alllevels - County, Township and Prefecture - tookmoney rightfully owned by the Tibetans. So far, theauthorities have not reimbursed the local Tibetans.

poverty and prostitution14

Choepa Tso, 25, from Nyagong village, LhuchoTownship, Sangchu County, Qinghai Province, gaveher testimony to TCHRD at Kathmandu RefugeeReception Centre on 23 June 2006 in relation towidespread poverty in her village and how youngrural girls opt to work as sex workers in order toevade poverty.

Choepa Tso said:I was born to a poor semi-nomadic familyin Amdo. In our family, we have sixmembers. A poor agricultural yield andtaxation by the local authority are commonin our village. Poverty is widespread. I amilliterate; people in my village hardly go toschool. When I was 20 years old, Ideveloped a strong urge to support myfamily financially. I was forced to leave myhome and lived in Lhasa working asdishwasher cum waitress in restaurants. Imoved from one ill-paid job to another.Most of my masters were Huis ChineseBusinessmen, very cruel and mean.

There are many Tibetans from rural Tibet who arewilling to do any kind of work in order to escapepoverty. They are not educated. They are illiterateand exploited on the streets of Lhasa and other bigcities. There were 8 other girls working in ChoepaTso’s restaurant. They were beaten, scolded,maltreated and threatened and had to work long


77

shifts in unhygienic conditions. They were oftencoerced by the owners to sleep with clients with thepromise of increased wages.

Choepa Tso said:Finally I landed in a well-paid job as awaitress in one of the gambling dens inLhasa. The owner was a Tibetan; customerswere Tibetans, Huis Chinese and HanChinese. Waitresses in the gambling densmoke, drink alcohol and even sleep withclients to make easy and fast money. Sexworkers charge 100 Yuan for a night. I haveseen so many lives of young Tibetan girlsruined.

Like me, more and more young Tibetangirls from rural areas are moving into citiesin search of a better livelihood at analarming rate. However, very often they endup working as prostitutes, as it is the onlyway to make fast and easy money. Theybelong to the most vulnerable portion ofpopulation.

Seeing nothing but a bleak future in Tibet, ChoepaTso fled Tibet and reached Kathmandu, Nepal on21 July 2006.

poverty widespread in rural tibet15

An exile returnee, Lobsang Choedor, 32, fromSamdup village, Chukhog township, Ngari county,“Tibet Autonomous Region” (“TAR”) gavetestimony to TCHRD at Kathmandu RefugeeReception Centre on 6 May 2006 in relation towidespread poverty in his native hometown in Tibet,to which he returned after an absence of 7 years.

Lobsang Choedor sought exile India in 1999. Hebecame monk and joined Drepung Monastery inSouth India. 7 years later, he returned to his nativehometown in Tibet. He said:

I really wanted to know the true situationin my home town. But to mydisappointment, nothing had reallychanged in all those years. Instead, theChinese are more cautious and wary of exilereturnees, particularly monks and nuns.There are many informers and spies in thevillage and therefore I couldn’t move aninch when I was in Tibet.

Lobsang Choedor recounted:

To my disbelief, no positive changes werevisible. In the name of development, thelocal government constructed one stonehouse, but there was nothing of practicalassistance to the local Tibetans. In the past,the Chinese government had distributedtwo and half kilograms of wheat flour andthree and half kilograms of rice to thelocals. The event was widely publicized andbroadcast in the State media.

In truth, the local Tibetans are mostlyfarmers and they live in abject poverty. Thevillage still has no electricity. The Chinesegovernment has completely neglected thelocals because of their remoteness and lackof political significance. Villagers of all agesseek jobs in the nearby township and

Impoverishment of Farmer

78


county city and work on construction sites.There is no school and all the locals invillage are illiterate.

For the ethnic Chinese, however, the situation isdifferent. Huis Chinese and Han Chinese who havesettled in the region in last decade today dominatebusiness in the area and the local economy. They arefar wealthier than Tibetans, owning restaurants andhotels. They have more political clout and influence.Tibetans are reduced to a minority community,alienated from the new Chinese settlers. As Choedorconcluded, “It is sad and pitiable to see the situationin which Tibetans live. The widespread poverty andtheir plight are very visible”.

lands taken from the tibetans intoelung dechen16

Testimony was also given to TCHRD by anotherexile returnee, Lobsang Choedrak, 32, from Zsamotownship, Toelung Dechen county, “TibetAutonomous Region” (“TAR”), at KathmanduRefugee Reception Centre on 6 May 2006 inrelation to land being grabbed from local Tibetansin Toelung county.

In Toelung Dechen County, the Chinese authoritieswere grabbing land and property from local Tibetansin order to build lavish hotels and luxury resorts inthe name of development. These government“development projects” have evicted and displacedthousands of Tibetans from the area. The evictedand displaced Tibetans have only been given paltrymonetary compensation of a few thousand Yuan.

new administrative regulations pushingtibetans to the brink

Jampa Choeden, 29, from Rangpatsang township,Kardze county “Kardze Tibetan AutonomousPrefecture” (“TAP”), gave testimony to TCHRD

at Kathmandu Refugee Reception Centre on 6December 2006 in relation to the Chineseauthorities’ new regulations on Tibetans and the poorstate of education in Tibet.

He said:This year the Chinese government hasstopped issuing travel permits and passportsto people in Kardze. The governmentimpose heavy restrictions on the movementof people and the only way to procuretravel permits is either through bribingofficials or by having contacts at high levels.There is no other way. The move wastriggered by the widespread burning ofanimal skins in wake of the Dalai Lama’s2006 Kalachakra Initiation where headvised Tibetans in Tibet against wearinganimal skins as part of fashionabletrends….I moved to Lhasa and worked asa wall painter and calligrapher. In that way,I was able to make a living.

He secured a job which required him to be includedon a “Guest List”, a record of all Tibetans from “non-TAR” regions who come to stay or settle in andaround Lhasa. Their presence is recorded in this waybecause the “TAR” is a politically volatile andsensitive place. He further said:

If anyone is involved in political activities,he or she can be easily traced and arrested.However, on the other side, since July 2006,Chinese settlers have been coming to Lhasa,but the local government is not keepingany record of them. There is a growing surgeof Chinese labourers coming to Tibet. As aresult, Tibetan labourers are facing stiffcompetition in the labour market. Moreand more Tibetans are becomingunemployed. The new Chinese settlers areusing advanced technologies and, as a


79

result, the commercial value of Tibetanskilled work is fast diminishing.

railway: a tool of culturalgenocide

Following several years of massive governmentpropaganda, the “Qinghai-Tibet Railway” openedon 1 July 2006. Chinese President Hu boasted, “Theproject is not only a magnificent feat in China’shistory of railway construction, but also a greatmiracle of the world’s railroad history”. Hu stressedthat China intended the train to bring developmentand economic prosperity to Tibetans. According tothe government in Beijing, the train is the “center-piece” of a developmental plan that will facilitateeconomic development in Tibet and other westernregions of China. In contrast, a monk who recentlysought exile believes the train will bring harm andlong-term ills to Tibetan society. In testimony givento TCHRD, he contradicted the Chinesegovernment’s claims.

Tseten Norbu is a 25 year old monk from ToelungDechen County, a couple of hours drive from Lhasacity. In August 2006, he left Tibet and reached theTibetan Refugee Reception Center in Kathmandu,Nepal. He told TCHRD about the impact of therailway on the Lhasa cityscape and Tibetan society.

After the completion of the constructionof Qinghai-Tibet Railway in Tibet, theChinese government issued two or threeflags to all of the government offices inLhasa city and Lhasa residents to mark theopening ceremony. They were issued withstrict instructions that the flags had to behoisted on the rooftops of houses tocelebrate the inaugural ceremony.Government officials issued terse warnings

to residents that if they failed to hoist theChinese flags on their rooftops, this wouldbe interpreted as a gesture of defiance andrevolt against Motherland China. Thegovernment also said that they would takefirm and stringent action against those whofailed to hoist the flag. In response to thesethreats, Tibetan residents in Lhasa cityhoisted Chinese flags.

Tibetan people have been living in intensefear and anxiety over the laying of theQinghai-Tibet Railway line in Tibet. Inaddition, just two months after thepassenger cars were on the tracks, the trainbrought an exodus of ethnic Chinese fromChina into Lhasa city in search of newlivelihoods. Every train that came to Lhasastation filled Lhasa’s streets with ethnicChinese searching for a new beginning. TheChinese authorities gathered them togetherfor an orientation meeting. Hundreds ofChinese settlers based themselves on thesides of highways looking for a new leaseof life with sleeping bags and goods ontheir backs. There are lots of Chinese circusentertainers, carrying monkeys, drums andluggage and making their monkeys to dotricks and gimmicks in Lhasa’s streets, andin that manner they earn their livelihood.

Railway committing Cultural Genocide in Tibet

80


Likewise, so-called Chinese Shaolin monksentertain the crowds in Lhasa’s streets bydisplaying martial arts and Kungfu. Tibethas now become a victim of China’spopulation transfer and assimilation. Inrecent years, the Chinese government hasintensified and stepped up the influx ofpeople to Tibet.

On the streets of Lhasa, Chinese settlershave taken over public transportationservices, taxis and human peddledrickshaws. There are very few Tibetansproviding transportation services. In theservice sector, Chinese businessmen andbusinesswomen own most of the hotelsand restaurants. A very large numbers ofTibetan young men and women work forthem as employees. They earn around 400to 500 Yuan per month. Under the guiseof the official tag, “Chinese tourists”, largenumbers of unemployed Chinese migrantsarrive in Tibet by train. Amongst theswarms of migrants, many are Chinese sexworkers and Lhasa city has witnessed anunprecedented rise in thefts and robbery ina very short period of time since the arrivalof the train in Lhasa. As far as the culturallandscape of Lhasa city is concerned, theold traditional image of Lhasa is no longervisible; instead, Lhasa city has beenconverted into a typical sprawling modernChinese city.

In recent times in the streets of Lhasa city,Mandarin has become a day-to-daylanguage used and spoken by people. Evenelders, young people and children in Tibetanfamilies now mix Mandarin words into theTibetan language. There is a dominantstigma prevalent in Tibetan society that ifanyone doesn’t know how to speak

Mandarin, they are not part of mainstreamsociety and trends. This is very true.Similarly, the Tibetan butcher and meatsellers in and around Potala Palace,Tsuglagkhang temple, RamocheTsuglagkhang and Norbulinga Palace onlyspeak Mandarin.

They have almost lost their own mothertongue. The large open ground in front ofPotala palace and Tsuglagkhang is occupiedby thousands of Chinese settlers broughtin by the train. The Chinese governmentexplained that the train would bringChinese tourists from Mainland China andeven foreign tourists contributing largelyto the generation of income. In theirrhetoric, the government stated that theeconomic development in Tibet and for theTibetan people would move ahead like ayoung moon growing to its full moonstature. Unfortunately the Chinesegovernment has not kept to that goal inimplementing their plans but rather theyare fully preoccupied and engrossed instepping up the influx of Chinese settlersinto Tibet.

I have seen myself that since the coming oftrain to Lhasa city, the city has witnessed asteady rise in population. The Chinesegovernment is now implementing theconstruction of many guesthouses andresidence quarters. Governmentpropaganda and claims to the outside worldthat the Chinese authorities aretransforming Lhasa city into an ultramodern city are nothing but a deceptionand window dressing. The construction ofnew residence quarters is in fact toaccommodate Chinese settlers, an agendacontrary to the authorities’ stated claims in


81

government sponsored media. The newresidences are not for the purpose ofhousing Tibetans from Kham, Amdo andTibetan people in villages around Lhasacity, but for Chinese settlers moving intoTibet.

Old and traditional Tibetan housing andarchitecture inside Lhasa city are now beingdestroyed. In place of old traditionalbuildings, strange looking buildings aremushrooming up in all places, and as aresult, when we enter Lhasa city, we nolonger have the feeling that we are enteringour Lhasa city of Tibet but, rather, thefeeling we are entering a Chinese city.

Chinese settlers, after a month, beganresorting to cheating and deceiving Tibetanpeople from rural areas coming to Lhasaby selling poor quality watches theybrought from China at a high rate, tellingthe Tibetans that the watches are made andbrought from foreign countries. At timeswhen Tibetan people realized that they havebeen cheated and deceived, any effort tofight back against the Chinese is in vain.Tibetans are trapped in a hopeless situation.Lhasa city is now completely dominatedby the influx of Chinese settlers, and sincethey form the majority, Tibetan people can’tdare to fight back against the Chinese. Theyare reduced feeling that they are in a foreignland, although in their own land. There isnothing else they can do apart fromkeeping quiet. However, it might bepossible that the Qinghai-Tibet Railwaywill bring economic development to Tibet.

Still then, the development and economicprosperity of Tibet claimed by the Chinesegovernment has serious long-term negativeconsequences upon our virtuous Tibetan

culture. In recent times in the streets,narrow lanes and corners of Lhasa’salleyways, whether they are Chinese oryoung men and women without any tingeof shyness and shame, people display theiremotions and sentiments in public byhugging and kissing in the streets. I sawmany of them.

This intrusion of disgraceful and shamelessculture did not penetrate our Tibetanculture and manners in the past, but now,with the influence of China and its negativefall out in general society, a growing numberof Tibetan young men and women areembracing and emulating Chinese shamefulways and manners. Therefore the Qinghai-Tibet Railway has become a tool inflictingheavy and serious damage to the unique andprecious cultural identity of Tibetan peoplewhich has defined Tibet and Tibetans forcenturies. This cultural genocide willcontinue in the future. There is little doubtwhat negative impact and damage it cando to Tibetan identity and culture judgingby the present trends and changes broughtto Tibetan society thus far.”17

conclusion

The testimonies and information gathered byTCHRD in 2006 continue to shed light on thedeplorable conditions prevailing in rural Tibet,alongside the fast growing urban economy. Thetestimonies show three major trends:

(a) Those Tibetans who fled Tibet hail from therural Tibet and are mostly poor farmers andnomads.

(b) Most are illiterate, young children and women;the most vulnerable sections of society.

82


(c) Most live on fringe, failed by the China’spolitical and economic system in Tibet. Theyhave no access to reasonable living conditions,education, health care or prospects for a betterlife.

China’s economic and development strategy in Tibetproduces polar economies. On the one hand, theeconomy is driven by fast paced capitalism withmassive growth in urban Tibet which is dominatedby Huis and Han Chinese settlers; whilst on theother hand, the rural face of Tibet, representing morethan 80 percent of the Tibetan population, remainstrapped in widespread poverty and neglect.

Today, China has a growth rate of more than 10percent annually. On face value, this growthprojection might seem to paint a bright picture forTibet as the fastest developing region in China; yetgrowth rates and projections only illustrate the overallpicture in Tibet and do not reflect the position formost Tibetans. Yes - there is more than 10 percentgrowth taking place in Tibet annually but only inthe urban sector which, as mentioned above, isdominated by Huis and Han Chinese settlers. In therural sector, there is little growth and, in fact, animalhusbandry and grain production are plummeting,showing a downward trend in growth. In Tibet,there are thus two economies operating side by side.

The present development strategy in Tibet has failedto yield positive results in the past and seems likelyto continue to do so in the future. The Chineseauthorities must not feed the economy of largerChina at the expense of Tibetan people. It is becauseit has done so to date that the vast majority ofTibetans remain poor, despite so much of growthin urban enclaves in Tibet. The root cause of theimpoverishment of Tibetans is the persistent anddeliberate policy of the Chinese leadership not to“empower” Tibetans.

The true yardstick of development can only beassessed through the empowerment of Tibetans -through the implementation of people-friendlypolicies, considering the unique characteristics ofTibetan people. Education is one of the key areaswhich Beijing prefers to shun. China must now focuson education, health, rural development, agriculture,and nomadic culture, handing over the ownershipand power to Tibetan people.

So far in Tibet, the absence of all of the above hasled to lopsided growth and an economy which ishighly polarized. In the last decade, TCHRD hasbeen appealing to the leaders of China to introducea strategy which suits Tibetans.

In a nutshell, unless and until China reforms itsdevelopment approach and strategy in Tibet, as hasbeen the case in the past, however many five yearsplans there are in the future, the fate of Tibetans isunlikely to change. The denial of opportunity toTibetans is a gross denial and violation of humanrights.

endnotes

1 Kathmandu TCHRD Interview No 9, 8 August 20062 Kathmandu TCHRD Interview No 10, 23 October 20063 Kathmandu TCHRD Interview No 2, 5 May 20064 Kathmandu TCHRD Interview No 2, 12 July 20065 Kathmandu TCHRD Interview No 7, 20 September 20066 Kathmandu TCHRD Interview No 3, 8 October 20067 Kathmandu TCHRD Interview No 3, 8 October 20068 Kathmandu TCHRD Interview No 10, 23 October 20069 Kathmandu TCHRD Interview No 8, 17 October 200610 Kathmandu TCHRD Interview No 8, 17 October 200611 Kathmandu TCHRD Interview No 2, 12 July 200612 Kathmandu TCHRD Interview No 6, 13 December 200613 Kathmandu TCHRD Interview No 6, 13 December 200614 Kathmandu TCHRD Interview No 9, 23 June 200615 Kathmandu TCHRD Interview No 3, 6 May 200616 Ibid17 Kathmandu TCHRD Interview No 11, 12 September 2006

Appendices

83

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Appendices

85

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22yretsano

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710-60T

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86

Human Rights Situation in Tibet: Annual Report 2006L

ist

of K

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n Po

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ners

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Appendices

87

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t of

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88

Human Rights Situation in Tibet: Annual Report 2006L

ist

of K

now

n Po

litic

al P

riso

ners

DR

HC

TS

UT

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EM

AN

EM

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Appendices

89

Kno

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90


Kno

wn

deat

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resu

lt o

f to

rtur

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AP

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asa

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1988

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nn

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up

22M

Lh

asa

00/0

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988

Lay

7 m

onth

sG

uts

a D

eten

tion

Die

d a

fter

rel

ease

7L

obsa

ng

Ch

oeph

el21

ML

has

a5

/3/1

988

Lay

Det

enti

on C

ente

rD

ied

in

cu

stod

y

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obsa

ng

Son

am30

ML

has

a5

/4/1

98

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rin

tin

g P

ress

Sta

ffD

ied

in

hos

pit

al

9Ye

shi

Lh

un

du

p75

ML

okh

a, L

okh

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refe

ctu

re1

8/12

/199

8L

ay1

year

10T

ash

i T

seri

ng

37M

Nec

hu

ng

Mon

aste

ry0

0/0

0/1

988

Mon

k

11

Tas

hi

Yesh

i22

MG

aden

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aste

ry,

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tse

Cou

nty

00/

00

/198

8M

onk

2 y

ears

Tri

sam

Pri

son

Die

d a

fter

rel

ease

12

Ten

zin

Sh

erab

23M

Lh

asa

23/

03/1

988

Dri

ver

13Ye

shi

Lh

un

dru

pM

Lh

asa

00/

00

/198

8St

aff

of T

GIE

San

gyip

Pri

son

Die

d a

fter

rel

ease

1989

14

Ch

ozed

Ten

pa

Ch

oep

hel

68M

Lh

asa

25/

8/19

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ard

ener

San

gyip

Pri

son

Die

d i

n c

ust

ody

15

Lob

san

g K

hed

rup

ML

has

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/198

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ay1

year

an

d 7

mon

ths

Gu

tsa

Det

enti

onC

ente

rD

ied

aft

er r

elea

se

16

Mig

mar

30M

Lh

asa

00/

00

/198

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aySe

triu

Pri

son

Die

d a

fter

rel

ease

17

Nga

wan

g Z

egan

27M

Dre

pu

ng

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aste

ry,

Lh

asa

00/

00

/198

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onk

Fou

r m

onth

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uts

a D

eten

tion

Cen

ter

Die

d a

fter

rel

ease

18Ye

shi

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has

a2

2/08

/198

9L

ayT

hre

e m

onth

sG

uts

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eten

tion

Cen

ter

Die

d a

fter

rel

ease

Appendices

91

Kno

wn

deat

hs a

s a

resu

lt o

f to

rtur

e fr

om 1

987-

2006

NA

ME

AG

ESE

XO

RIG

IND

ATE

OF

DE

ATH

PR

OFE

SSIO

NSE

NT

EN

CE

TE

RM

PR

ISO

ND

IED

IN

CU

STO

DY

OR

AFT

ER

RE

LE

ASE

1990

19Lh

akpa

Tse

ring

20M

Lhas

a, K

yi-R

ae15

/12/

1990

Stud

ent

3 ye

ars

Dra

pchi

Pri

son

Die

d in

cus

tody

20N

yim

a25

FSh

ugse

b N

unne

ry,

Gon

gkar

Cou

nty

00/0

6/19

90N

un1

wee

kLh

asa

PSB

Det

entio

nC

ente

rD

ied

at h

ome

1991

21Ja

mpa

Gel

ek26

MG

aden

Mon

aste

ry,

Mel

drog

ungk

ar C

ount

y00

/00/

1991

Mon

kFi

ve m

onth

sD

eten

tion

Die

d af

ter

rele

ase

22Ts

amla

39F

Lhas

a25

/02/

1991

Lay

2 ye

ars

Arm

ed C

hine

se S

oldi

erO

ffic

eD

ied

in c

usto

dy

1992

23R

inzi

n C

hoed

en a

.k.a

Kun

sang

Cho

ekyi

24F

Shug

seb

Nun

nery

, Chu

sul

Cou

nty

10/1

0/19

92N

un1

wee

kC

hosh

ul C

ount

y Pr

ison

Die

d af

ter

rele

ase

24D

awa

Dho

ndup

32M

Gya

ngts

e C

ount

y00

/00/

1992

Lay

2 ye

ars

Sang

yip

Pris

onD

ied

afte

r re

leas

e

1993

25Lh

adar

25M

Lith

ang

Mon

aste

ry20

/09/

1993

Mon

kLi

than

g D

istr

ict

Pris

onD

ied

in c

usto

dy

26Ts

enyi

*23

FLh

asa

00/1

0/19

93N

ews

repo

rter

Seitr

u Pr

ison

Suic

ide

1994

27Ph

unts

ok Y

angk

yi20

FM

ichu

ngri

Nun

nery

, Lha

sa4/

6/19

94N

un6

mon

ths

+ 5

year

sD

rapc

hi P

riso

nD

ied

whi

le r

elea

sed

onm

edic

al t

reat

men

t

28D

awa

Tse

ring

a.k

.aK

yem

a28

MLh

asa

14/0

5/19

94La

y1

year

Sang

yip

Pris

onD

ied

afte

r re

leas

e

29Lo

bsan

g Yo

nten

a.k

.aTs

asur

sha

ngla

65M

Lhok

a G

ungk

ar30

/10/

1994

Lay

23 y

ear

+ 1y

ear

(rea

rres

t)D

ied

in c

usto

dy

92

Human Rights Situation in Tibet: Annual Report 2006K

now

n de

aths

as

a re

sult

of

tort

ure

from

198

7-20

06

NA

ME

AG

ESE

XO

RIG

IND

AT

E O

FD

EA

TH

PR

OF

ESS

ION

SEN

TE

NC

E T

ER

MP

RIS

ON

DIE

D I

N C

UST

OD

YO

R A

FT

ER

RE

LE

ASE

1995

30G

yalt

sen

Kal

sang

(lay

nam

e: K

alsa

ng D

olm

a)24

FG

aru

Nun

nery

, L

hasa

20/0

2/19

95N

un2

year

sG

utsa

Det

enti

on a

ndD

rapc

hi P

riso

nD

ied

afte

r re

leas

e on

med

ical

par

ole

31K

alsa

ng D

awa

*29

MP

henp

o L

hund

rup

Cou

nty

00/1

0/19

95Pa

inte

r2

and

half

year

sSa

ngyi

p Pr

ison

Die

d in

cus

tody

32N

gaw

ang

Nyi

dron

21F

Mic

hung

ri N

unne

ry,

Mel

drog

ungk

ar00

/05/

1995

Nun

3 ye

ars

(lab

our

cam

p)L

hasa

Det

enti

on C

ente

r

33N

gaw

ang

Yang

chen

32F

Tsa

mkh

ung

Nun

nery

, L

hasa

00/0

8/19

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un1

year

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rsP

SB D

eten

tion

/re-

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atio

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roug

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bour

Die

d af

ter

rele

ase

34Sh

erab

Nga

wan

g17

FM

ichu

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nery

, L

hasa

17/0

4/19

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un3

year

sTr

isam

Pri

son

Die

d af

ter

rele

ase

35So

nam

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hi53

FL

hasa

00/0

0/19

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arpe

nter

1 ye

arD

ied

afte

r re

leas

e

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ashi

Tse

ring

58M

Shig

atse

Cou

nty

17/0

1/19

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ay7

year

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rapc

hi P

riso

nD

ied

afte

r re

leas

e

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hoep

hel

20M

Lit

hang

Mon

aste

ry,

Kar

dze

Cou

nty

06//

02/1

995

Mon

kB

eate

n to

dea

th i

n th

ede

tent

ion

cent

re

1996

38D

orje

e K

hang

hsir

i66

MC

habc

ha (

Qin

ghai

)00

/08/

1996

Lay

Die

d in

hos

pita

l

39Ja

mya

ng T

hinl

ey25

MC

ham

do M

onas

tery

, Po

mda

Cou

nty

00/0

0/19

96M

onk

4 m

onth

sC

ham

do P

riso

nD

ied

afte

r re

leas

e

40K

alsa

ng T

huto

p(l

ay n

ame:

Bha

gdro

)50

MD

repu

ng M

onas

tery

, To

elun

gD

eche

n C

ount

y00

/06/

1996

Mon

k18

yea

rsD

rapc

hi P

riso

nD

ied

in c

usto

dy

41L

hund

rup

Tend

ar *

66M

Gad

en C

hoek

horl

ing

Mon

aste

ry,

Nam

ling

Cou

nty

00/0

0/19

96M

onk

Suic

ide

42Pa

ssan

g26

MD

eche

n Sa

Nga

g M

onas

tery

,T

akse

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nty

17/1

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96M

onk

5 ye

ars

Dra

pchi

Pri

son

Die

d in

cus

tody

43P

hurb

u *

MD

agya

b M

agon

Mon

aste

ry00

/00/

1996

Mon

kSu

icid

e

44P

hurb

u T

seri

ng a

.k.a

Tin

gchu

e36

ML

hasa

, D

rana

k Sh

ol7/

2/19

96L

ayP

SB D

eten

tion

Die

d af

ter

rele

ase

45Sa

ngye

Ten

phel

19M

Kha

ngm

ar M

onas

tery

,D

amsh

ung

Cou

nty

00/0

5/19

96M

onk

4 ye

ars

Gut

sa D

eten

tion

Die

d in

cus

tody

46T

hinl

ay C

hoda

k19

MK

ardz

e C

ount

y00

/00/

1996

Mon

k3

year

sD

rapc

hi P

riso

nD

ied

in c

usto

dy

Appendices

93

Kno

wn

deat

hs a

s a

resu

lt o

f to

rtur

e fr

om 1

987-

2006

NA

ME

AG

ESE

XO

RIG

IND

AT

E O

FD

EA

TH

PR

OF

ESS

ION

SEN

TE

NC

E T

ER

MP

RIS

ON

DIE

D I

N C

UST

OD

YO

R A

FT

ER

RE

LE

ASE

1997

47R

igzi

n61

MN

gari

Pre

fect

ure

11/2

/199

7L

ay3

year

sN

gari

Pri

son

Die

d af

ter

rele

ase

48Ja

mya

ng T

hrin

lay

28M

Cha

mdo

Moa

ster

y00

/01/

1997

Mon

kC

ham

doD

eten

tion

Die

d in

cus

tody

49T

hekc

hok

Ten

phel

*27

MSa

kya

Dru

pa L

hakh

ang,

Saky

a C

oun

ty00

/11/

1997

Mon

kSa

kya

Cou

nty

Pris

onD

ied

in c

usto

dy(s

uici

de i

n pr

ison

)

1998

50V

en.

Lob

san

g T

sun

due

a.k.

aH

or L

arge

n88

MD

repu

ng M

onas

tery

, L

hasa

00/1

2/19

98M

onk

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icky

i Ya

ngz

om (

layn

ame:

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pkyi

Pem

a)21

FN

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mo

Dow

a C

hote

n N

unn

ery,

Nye

mo

Cou

tny

00/0

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un4

year

sD

rapc

hi P

riso

nD

ied

in c

usto

dy

52G

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Cho

ephe

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MSu

ngr

ablin

g M

onas

tery

,24

/09/

1998

Mon

k15

day

s D

etai

ned

Polic

e St

atio

nD

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afte

r re

leas

e

53K

hedr

up26

MG

aden

Mon

aste

ry,

Mel

drog

ungk

ar C

oun

ty23

/05/

1998

Mon

kD

ied

in c

usto

dy

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undo

l Yo

nte

n28

FJh

ogon

Nun

nery

,N

yen

mo

Cou

nty

00/0

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unD

ied

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usto

dy

55L

obsa

ng

Cho

ephe

l*(l

ay n

ame:

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nla

y P

hunt

sok)

25M

Kha

ngm

ar M

onas

tery

, D

amsh

ung

Cou

nty

4/5/

1998

Mon

k4

year

sD

rapc

hi P

riso

nD

ied

in c

usto

dy

56N

gaw

ang

Ten

kyon

g(la

ynam

e:L

obsa

ng

Wan

gchu

k)26

MG

aden

Mon

aste

ry,

Tak

tse

Cou

nty

6/5/

1998

Mon

k10

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rsD

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hi P

riso

nD

ied

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usto

dy(s

uici

de i

n pr

ison

)

57L

obsa

ng

Wan

gmo

(lay

nam

e: T

sam

choe

Dol

kar)

31F

Dok

dhe

Nye

nga

Nun

nery

,P

henp

o C

ount

y00

/06/

1998

Nun

5 ye

ars

Dra

pchi

Pri

son

Die

d in

cus

tody

58N

gaw

ang

Dek

yi25

FPo

toe

Nun

nery

,P

henp

o C

ount

y21

/08/

1998

Nun

6 ye

ars

Gut

sa D

eten

tion

Cen

ter

Die

d in

cus

tody

59T

ashi

Lha

mo

24F

Jhog

on N

unne

ry,

00/0

6/19

98N

un4

year

sD

rapc

hi P

riso

nD

ied

in m

ilita

ryho

spit

al

60T

enpa

Phu

lchu

ng62

ML

hasa

29/1

1/19

98L

ay4

year

s +

7 ye

ars

San

gyip

Pri

son

and

Tri

mok

Pri

son

Die

d af

ter

rele

ase

61T

enzi

n Y

eshi

(lay

nam

e: Y

eshi

Sam

ten

)24

MG

aden

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aste

ry,

Tak

tse

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nty

12/5

/199

8M

onk

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ars

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sam

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son

Die

d af

ter

rele

ase

62T

sult

rim

San

gmo

(lay

nam

e: C

hoek

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25F

Shar

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pa N

unne

ry,

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npo

00/0

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98N

un5

year

sD

rapc

hi P

riso

nD

ied

in c

usto

dy

94


Kno

wn

deat

hs a

s a

resu

lt o

f to

rtur

e fr

om 1

987-

2006

NA

ME

AG

ESE

XO

RIG

IND

ATE

OF

DE

ATH

PR

OFE

SSIO

NSE

NT

EN

CE

TE

RM

PR

ISO

ND

IED

IN

CU

STO

DY

OR

AFT

ER

RE

LE

ASE

1999

63So

nam

Wan

gdue

a.k

.a S

hugd

en44

MLh

asa

8/4/

1999

Lay

Life

impr

ison

men

tD

rapc

hi P

riso

nD

ied

afte

r re

lase

on

med

ical

par

ole

64Le

kshe

Tso

glam

21M

Phen

po N

alan

daM

onas

tery

00/0

4/19

99M

onk

Gut

sa D

entio

nC

ente

rD

ied

afte

r re

leas

e

65N

gaw

ang

Jinp

a(l

ayna

me:

Lob

sang

Daw

a)35

MG

aden

Mon

aste

ry, P

henp

oLh

undr

up C

ount

y20

/04/

1999

Mon

k12

yea

rsD

rapc

hi P

riso

nD

ied

in c

usto

dy

66N

orbu

21M

Nal

anda

Mon

aste

ry,

Phen

po L

hund

rup

Cou

nty

00/0

3/19

99M

onk

1 ye

arG

utsa

Den

tion

Cen

ter

Die

d af

ter

rele

ase

67Ph

unts

ok60

MLh

asa

00/0

9/19

99La

y2

year

sD

rapc

hi P

riso

nD

ied

afte

r re

leas

e

68Ta

shi T

seri

ng *

39M

Lhas

a N

yang

rae

00/0

2/19

99La

y1

mon

th in

hos

pita

lD

ied

in h

ospi

tal

2000

69Lo

bsan

g Sh

erab

(Lay

nam

e: N

orbu

)30

MSe

ra M

onas

tery

, Nak

arts

eC

ount

y, L

hoka

"T

AP"

20/1

0/20

00M

onk

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ars

+4 m

onth

sPS

B D

eten

tion

/G

utsa

Pri

son

Die

d af

ter

rele

ase

70Pe

npa

40M

Lhas

a T

sukl

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ng,

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Cou

nty

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onk

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ars

Lhas

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utri

duPr

ison

Die

d af

ter

rele

ase

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al p

arol

e

71"S

hol"

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a60

MLh

asa

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19/1

1/20

00Ta

ilor

9 ye

ars

+ 2

year

sD

rapc

hi P

riso

nD

ied

in c

usto

dy

72So

nam

Rin

chen

27M

Med

rolg

ungk

ar C

ount

y00

/01/

2000

Lay

15 y

ears

Dra

pchi

Pri

son

Die

d in

cus

tody

73Ts

erin

g W

angd

rak

45M

Kar

dze

Cou

nty

4/6/

2000

Lay

4 ye

ars

Die

d in

cus

tody

2001

74Ts

ultr

im T

opgy

alM

Khi

msh

i Tow

nshi

p,G

ongk

ar C

ount

y, L

okha

r00

/08/

2001

Mon

k5

year

sD

rapc

hi P

riso

nD

ied

aft

er r

elea

se

75N

amgy

al T

ashi

66M

Lhas

a20

/08/

2001

Lay

8 ye

ars

Dra

pchi

Pri

son

Die

d at

hom

e

76N

gaw

ang

Loch

oe28

MTo

elun

g D

eche

n C

ount

y5/

2/20

01N

un10

yea

rsD

rapc

hi P

riso

nD

ied

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usto

dy

77Sa

ru D

awa

27M

Nga

ba C

ount

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1/20

01M

onk

Die

d in

cus

tody

78Ts

eta

Mar

ong

MT

hand

ong

Tow

nshi

p,Te

nche

n C

ount

y, C

ham

do18

/07/

2001

Lay

Appendices

95

Kno

wn

deat

hs a

s a

resu

lt o

f to

rtur

e fr

om 1

987-

2006

*

Tib

etan

s w

ho h

ave

com

mit

ted

suic

ide

eith

er i

n cu

stod

y or

aft

er r

elea

se d

ue t

o in

tole

rabl

e to

rtur

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96


APPENDIX: 4

LIST OF KNOWN PRISONS AND DETENTION CENTRES IN TIBET

“Tibet Autonomous Region” Prison or Drapchi Prison is the largestand the most notorious prison located in the north-east outskirts of Lhasa,Tibet’s capital. Believed to have been constructed in 1960, and directlyadministered by the “TAR” Law Enforcement Department, there are nineunits in the prison. The 3rd and 5th units hold female and male politicalprisoners respectively while rests of the units house non-political prisoners. Due to overcrowding, thesouthern gate of Drapchi Prison was reportedly demolished and expansion work commenced in April 1998.Prisoners are mainly assigned to work at the vegetable farm, house constructions, tailoring, carpet weavingand mechanical repairs.

“TAR” Public Security Bureau (PSB) Detention Centre or SangyipPrison is situated in the northern district of Lhasa City. It is believed tohave been constructed in 1983. Sangyip has the capacity to holdapproximately 70 inmates in its three cellblocks with 12 cells in eachblock. Those suspected of more serious political crimes, including organising protest or collecting politicallysensitive information, are interrogated in this prison. Any prisoners from the “TAR” jurisdiction and withshorter prison terms are detained here, while long-term prisoners are transferred to other major prisons in“TAR”.

Lhasa City PSB Detention Centre or Gutsa Prison is located threekm east of Lhasa, near the Kyichu River. Gutsa’s main section holdsprisoners who are “under investigation” or awaiting sentences. Most ofits inmates have not been formally charged or given administrativesentences and many of them are reportedly forced to do manual laboursuch as breaking boulders. While Gutsa is predominantly for prisoners who are awaiting sentences, approxi-mately one percent of prisoners are believed to be held here even after sentencing, generally for periods of upto one year.

“TAR re-education-through-labour camp” or Trisam Prison isunder the jurisdiction of “TAR” Law Enforcement Department andsituated 10 km west of Lhasa near the Toelung County Bridge.Trisam was opened in or around February 1992 and has since receivedmany of the political prisoners from Sangyip, Outridu and Gutsa.Trisam has three units: the first for male political prisoners, the second for male criminals and the third forwomen prisoners, both political and criminal. At least eight cells at Trisam are reportedly used for solitaryconfinement. It acts as an “administrative detention centre” for juveniles and prisoners whose term does notexceed three years. Inmates at Trisam are known to perform hard labour.

Appendices

97

Powo Tramo is formerly referred to as the “TAR” No.2 Prison. Itis situated near the town of Tramo in Pome County, NyingtriPrefecture (Ch. Linzhi), 500 km east of Lhasa. It is administeredby the “TAR” authorities and is built for prisoners who have beensentenced to 10 years or more. It is one of the largest prisons in the“TAR” with facilities for solitary confinement. Most prisoners hereare subjected to hard labour such as felling trees and farm labour.

Lhasa Prison (formerly known as Outridu) may be theinstitution that the Chinese authorities described to the EuropeanUnion’s Traoika as Lhasa Municipal Prison, during their visit inMay 1998. It acts as a part of the “TAR” Law EnforcementDepartment. Solitary confinement cells used to punish prisonershave a space of six by three feet with no windows. Chineseauthorities have already expanded the capacity of Lhasa Prisonby building several new prison cells. There are currently four cellblocks. Lhasa Prison holds detainees whohave been formally sentenced to less than five years. Most of them are subjected to hard labour such asbreaking boulders and working on the prison’s vegetable farm.

Tibetan Military Detention Centre is administered by the PLA and has existed since 1959. Around 1992it was moved to the Tsalgungthang area about 11 kilometres east of Lhasa. Some political prisoners areknown to have been held there in 1999, but due to the expansion programme undertaken in other prisonsit is uncertain whether more political detainees have subsequently been brought there. The centre now holdsmilitary prisoners.

Prefecture Detention Centres (PDC) are located at the ad-ministrative headquarters of each prefecture. There are six re-gions in the “TAR” besides Lhasa Municipality: Shigatse,Nagchu, Ngari, Lhoka, Kongpo-Nyingtri and Chamdo. Thesehave “administrative detention” centres and kanshuo suo (de-tention centres for prisoners, who have not yet been sentenced).In addition, there are prisons at the county level, which aregenerally for prisoners who have not yet been sentenced. TheChinese authorities reported to the visiting EU delegation in 1998 that each region and a number of countieshave a local detention centre.

Zethang “Reform-through-labour facility” is a new facility (laojiao), which began functioning on 15 January1998 with the first detainees being six Drayab monks. This “reform through re-education” complex is inZethang village, 10 kilometres east of Chamdo. It is under the direct administration of the Law EnforcementDepartment in Chamdo Prefecture. The accused, who are given prison terms by the respective provinces(administrative sentences), are transferred to this new facility. There are 30 rooms in the compound, whichcan each accommodate six prisoners. The facility has 30 prison staff.

98


Maowan Prison (Ch. Aba Jlan Yu), is located in Maowan QiangAutonomous County in Ngaba “Tibet Autonomous Prefecture”,Sichuan. This prison accommodates prisoners from Ngaba andKardze regions and is one of the largest prisons in Sichuan Prov-ince. Those who are sentenced to long-terms are incarcerated here,including political prisoners. There are detention centres and pris-ons in every county and prefecture in the Tibetan regions ofSichuan, Qinghai, Gansu and Yunnan provinces.

Chamdo Detention Centre or Chamdo Prison is located inChamdo County, “TAR”. It was constructed in 1960 and isbelieved to be one of the largest prisons in “TAR”. The prisonhas been expanded and the number of criminal prisoners heldhere has increased. Prisoners serving short sentences ranging fromone year to five years are held here.

Shigatse Nyari Detention Centre is located about seven kmnorth-west of Shigatse in the Nyari Valley, Shigatse County,“TAR”. Both political and criminal prisoners are held here. Manyof the political prisoners are Tibetans who have visited India.They are detained for several months on their return to Tibet,accused of bringing political documents or tapes from India orNepal. In 1997, Nyari Detention Centre consisted of fivecellblocks, each of which held a different category of prisonersand had 10 cells. Prisoners are assigned to work in vegetablefields and to perform general farm labour. There are approximately 30 mu of fields and in addition there isa fruit farm on which the prisoners are made to work.

Chushul Prison (Ch: Qushui) is a new prison which becameoperational in August 2005. It was located in Chushul County,Lhasa Municipality, "TAR". It houses hundreds of inmatesincluding monks and political prisoners. The construction beganabout four years ago and the first batch of 35 prisoners arrivedfrom Drapchi Prison in August 2005. It is reported that Chineseauthorities transferred some of the prominent political prisonerswith long sentences to continue their terms in the new prison.Bangri Chogtrul Rinpoche, Amdo Jigme Gyatso, Lobsang Tsultrim, Lobsang Tenzin and a host of 25 otherpolitical prisoners have been transferred to the new prison, where conditions are reported to be harsh. TheUN Special Rapporteur on Torture, Mr. Manfred Nowak, during his 12 days investigation tour of China,Xinjiang Autonomous Region and Tibet at the end of 2005, visited the prison and was able to meet few ofthe Tibetan political prisoners. The new prison is popularly known as Nyethang Prison by the local Tibetansas it is located in Nyethang Township, which is about half an hour's car ride from Lhasa City.

Appendices

99

APPENDIX 5

Table Listing Relevant International Human Rights Instruments Signedand/or Ratified by the People’s Republic of China

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100


APPENDIX 6

GLOSSARY OF TERMS AND ABBREVIATIONS

“TAP” “Tibet Autonomous Prefecture” (Tib. Bod rang skyong khul); There are 10 ofthese administrative areas (below the level of a province or region) createdoutside “TAR” by the Chinese authorities, located in northern and easternTibet (in the Tibetan provinces of Kham and Amdo)

“TAR” “Tibet Autonomous Region” (Tib. Bod rang kyong lljongs, Ch. xizang Zizique);Formally created by China in 1965, this area of central and western Tibet,covering the area of west of the Yangtse River and south of the KunlunMountains, is the only area recognized by China as being “Tibet”

Barkhor (Tib) The old Tibetan quarter and market area around the Jokhang Temple inLhasa. In Tibetan it literally means the “middle circuit” or centralcircumambulation

Cadre (Tib. le che pa, Ch. gan bu) Technically applies to staff of the ChineseGovernment administration; also referred to those working on official projectsor in state enterprises

CAT United Nations Convention Against Torture and other Cruel, Inhuman orDegrading Treatment or Punishment

CCP (Ch. Zhon Guo Gong Chan Dang) Chinese Communist Party; founded inJuly 1921

CEDAW United Nations Convention on the Elimination of All Forms ofDiscrimination Against Women

Circumambulation A religious ritual circling clockwise around a holy place in order to accumulatemerit

County (Tib. dzong, Ch. xian) The Middle level administrative unit equivalent todistrict

CPL Criminal Procedure Law; the revised CPL came into effect on 1 January1997

CPPCC Chinese People’s Political Consultative CongressCultural Revolution (Tib. rigs-nas-gsar-brje); The campaign initiated in 1966 by Mao Zedong in

order to regain control of the Communist Party by ordering the youth to“bombard the headquarters” (purge opponents within the Party) and toeradicate the “four olds” (old ideas, old culture, old customs and old habits).The Chinese authorities no describe it as “Ten Bad Years”, referring to theentire period of 1966 to 1979.

Appendices

101

Detention Centre (Tib. lta srung khang, Ch. kanshoushuo) Place where prisoners are held withoutcharge prior to sentencing

DMC (Tib. u-yon lhan khang, Ch. we yuan hi) Democratic ManagementCommittee; Administrative organs established in 1962 in religiousinstitutions in Tibet and reconstructed under the 1996 “patriotic re-education”campaign

Drapchi prison Officially known as “Tibet Autonomous Region” PrisonEndangering State Security Charge introduced in the revised CPL to replace “counter-revolutionary”Floating population (Ch. liudong renkou) Term used to refer to Chinese migrants who are

unregistered permanent and temporary residents in TibetGeshe (Tib) Spiritual title and doctorate; monk or lama who has completed the highest

course in metaphysics and other academic monastic studies in the Gelugpaschool

Guanxi (Ch) Literally, “connection”; colloquially a connection to officialdom to acquirepreferential treatment

Gyama (Tib) Unit of measurement equivalent to 500 gramsGyama (Tib) Unit of measurement equivalent to 500 gramsHukou (Ch) Household Registration cardICCPR International Covenant on Civil and Political RightsICESCR International Covenant on Economic, Social and Cultural RightsKhenpo (Tib) Literally abbot. In Nyingma and Kagyu tradition of Tibetan Buddhism,

Khenpo is analogous to the Geshe degreeLama (Tib) The Tibetan term for a respected religious teacher, equivalent to the Sanskrit

term guru. A lama is not necessarily a monk, although monasticism is preferredfor all lamas in the Gelugpa School. Chinese politicians use the term incorrectlyto refer to any monk

Mu (Tib) A measure of land equal to 67 square metersNPC National People’s CongressPAP People’s Armed PolicePatriotic re-education Initiated in 1996 in Tibet’s monasteries and nunneries, “patriotic re-education”

campaign was designed to purge the influence of the Dalai Lama, toindoctrinate the monks and nuns with political ideology and to crackdownon dissent activities.

Potala Palace Official winter residence of the Dalai Lama in LhasaPRC People’s Republic of ChinaPrefecture (Tib. sa khul, Ch. diqu) The administrative area below the level of province

or region and above the level of a countyProcuracy (Tib. zhib chu, Ch. jian chayan) A Chinese judicial agency responsible for

investigating and prosecuting criminal cases. It also handles complaints againstpolice, prison officials and other branches of the administration

Prostrate Buddhist practice of lying face down before any sacred body

102


PSB (Tib. schi de chus, Ch. Gong An Ju) Public Security Bureau, local level policeforce responsible for detaining and arresting suspects and for pre-trial custody

Re-education Indoctrination of Chinese Communist ideology and national unity; carriedout extensively in religious institutions and labour camps in Tibet

Rukhag (Tib) One small unit within a prison, village, school, or military etcSaga Dawa (Tib) The month of Buddha’s birth, Enlightenment and DeathSplittism (Tib. Khadral ringlugs) Party term for the movement for Tibetan

independence or any nationalist sentimentsStrike Hard (Tib. dungdek tsanen, Ch. yanda) A PRC campaign targeted at crushing

corruption and crime. Within Tibet, Chinese authorities are aiming thecampaign at “splittists”

Tsampa (Tib) Roasted barley flourTsongkhul (Tib) Detention AreaTsuglhakhang (Tib) Central Cathedral in LhasaUNWGAD United Nations Working Group on Arbitrary DetentionWork Team (Tib. las don ru khag, Ch. gongzuo dui) Specially formed units of government

personnel sent to conduct “patriotic re-education” in an institution or localityYartsa Gunbu (Tib) A Tibetan medicinal plant (Botanical name cordyceps sinensis)Yuan (Ch) Chinese currency (8 Yuan is equivalent to 1 dollar.)

List of TCHRD Publications

103

ANNUAL REPORTS (ENGLISH LANGUAGE)

EDUCATIONAL BOOKLETS (ENGLISH LANGUAGE)


104

TOPICAL REPORTS (ENGLISH LANGUAGE)

VISUAL DOCUMENTARIES

Destruction of Serthar BuddhistInstitute (Video)

Democratisation process in exileand Structural framework of the C.T.A


105

BROCHURES AND CAMPAIGN FLYERS (ENGLISH LANGUAGE)


106

ANNUAL REPORTS (TIBETAN LANGUAGE)

EDUCATIONAL BOOKLETS (TIBETAN LANGUAGE)


107

BROCHURES AND CAMPAIGN FLYERS (TIBETAN LANGUAGE)

TOPICAL REPORTS (TIBETAN LANGUAGE)

Annual Report - TCHRD - 2006

Documents

Transcript of Annual Report - TCHRD - 2006