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Annual Report 2012 HUMAN RIGHTS SITUATION IN TIBET Annual Report 2012 Tibetan Centre for Human Rights and Democracy “I believe the rights included within the Human Rights Interna- tional Law did not originate in the world of the ideas directly, but have come from people’s suffering and experience, an experience defined by having seen the damage provoked by events that cause feelings of anger, powerlessness and pain.” ~ Alberto Martos-Sauquillo CONTENTS Executive Summary 1 Burning the Body 7 Language and Education 21 Torture 33 Arbitrary Arrests and Detention 47 Right to Development 57 Appendices 1. List of Known Current Political Prisoners 71 2. Table Listing Relevant International Human Rights Instruments 120 Signed and/or Ratified by the People’s Republic of China Map of Tibet HUMAN RIGHTS SITUATION IN TIBET : ANNUAL REPORT 2012 iv 1 EXECUTIVE SUMMARY Persistent, long-term oppression can inflame March 2012, China announced that its domestic the oppressed consciousness to act on radical security budget would increase by 11.5 per cent, measures to defend and assert their individual and that is, 701.8 billion yuan ($113 billion), more collective rights. In Tibet this year, 82 Tibetans set than the 670.3 billion yuan allotted for national their bodies on fire calling for the “return of His defence. According to Xie Yue, a professor of Holiness the Dalai Lama to Tibet,” “freedom for political science who specialises in domestic security Tibet” and “human rights in Tibet.” This has taken at Tongji University in Shanghai, the stability the total number of Tibetan self-immolations in preservation structure has become so embedded in Tibet to 95. Beyond statistics, the fact that human the system that it would difficult to expect changes beings are pushed to end their own lives in order under Xi’s leadership. “The whole model of stability to escape government repression ought to unsettle preservation is part and parcel of the mode of rule, the conscience of many. not the work of just one man,” Reuters quoted Xie as saying. During his visit to the Tibetan capital The year 2012 witnessed key changes in Chinese Lhasa in 2011, vice president Xi Jinping had said leadership as the Chinese Communist Party on 15 that stability in Tibet is crucial for the overall November announced Xi Jinping as Party Secretary stability in PRC. and head of the CCP Central Military Commission in a once-in-a-decade leadership transition. The Despite criticisms against its human rights record, new Standing Committee of the Politburo, which China continues to view ‘stability’ as a prerequisite runs the People’s Republic of China, has seven new for the enjoyment of human rights. The rationale members as opposed to nine in the past. The 18th of ‘national security’ is used ad nauseam to justify Party Congress this time was marked by relentless official crackdowns on dissidence and other human self-immolation protests by Tibetans, 11 of whom rights abuses. China’s rejection of the universality set fire to themselves before and during the meeting of human rights became more pronounced in its in an apparent bid to send a message to the new second National Human Rights Action Plan (2012- Chinese leadership. One of the self-immolators 15), which states, “[t]he Chinese government even called on Xi Jinping to meet with His Holiness respects the principle of universality of human the Dalai Lama. rights, but also upholds proceeding from China’s national conditions and new realities to advance It is difficult to predict whether change will come the development of its human rights cause on a under Xi Jinping’s leadership given the entrenched practical basis.” Irrespective of other reasonable policy of ‘stability maintenance’ (weiwen) and the targets mentioned in the new plan, the above dramatic increase in internal security budget, which assertion essentially rationalizes eliminating all surpassed the total national defence budget for the the aspirations of the second NHRAP. In other first time in 2010 during Hu Jintao’s tenure. In words, China is saying that the universal rights iv 1 HUMAN RIGHTS SITUATION IN TIBET : ANNUAL REPORT 2012 and freedoms entitled to all will only be granted judiciary. According to Stanley Lubman, a long- to Chinese citizens when it is convenient for the time specialist on Chinese law, “the lack of judicial state. This type of opting out of their own human independence or the legal culture of police, judges rights action plan is a step in the wrong direction and prosecutors that lingers from the Maoist period for human rights in Tibet and China. and fosters widespread disregard of laws already in effect” are missing from the white paper. During the March 2012 annual session, China’s Nonetheless, the words of the white paper need to parliament, the National People’s Congress be more than just rhetoric and propaganda, and (“NPC”), approved proposed changes to its Criminal should be followed with serious implementation Procedure Law. While the latest amendments and practice. include for the first time the encouraging words “respect and safeguard human rights,” they fail to The human rights situation in Tibet during the year outlaw the persistent use of enforced disappearance 2012 recorded a new low as Tibet remained closed as a tool to crack down on critics of official policies. to independent media, UN monitors, international Perhaps the most disturbing revision is embodied delegations and visitors. The Chinese government in Article 73, which essentially legalizes the secret effectively blocked journalists, visitors and pilgrims detention of persons charged with perceived in order to maintain “stability and harmony”, political crimes. The revised law allows authorities reiterating the call for increased security measures to detain suspects charged with “endangering to control and manage events affecting the “social state security,” crimes of terrorism, or large-scale stability” and economic development of the PRC. bribery in an undisclosed location for up to six Even the inaccessible North Korea boasts more months without contact with the outside world or international media presence than the Tibetan communications with family. Many fear that the capital Lhasa. Despite heavy restrictions, individual terms “national security threats,” and “terrorism,” Tibetans continued to let the world know about the will be loosely defined to further exploit the law real situation in Tibet often at great personal risk. to carry out repressive practices. Human rights As the UN Special Rapporteur on Right to Food activists and analysts have expressed the very real told the Human Rights Council session in March concern that article 73 of the revised CPL may 2012: “We know that regularly the communication lead to increased instances of miscarriages of justice systems: Internet, the phones, SMS’s are blocked against Tibetans and Chinese citizens in general. and Tibet is completely closed to independent observers, including the media.” On 9 October 2012, the Information Office of the State Council or China’s cabinet released a white Restriction and surveillance of the Internet were paper concerning judicial reform. The goal of this stepped up. Internet users in TAR are required to white paper is to highlight “the progress that has furnish ‘second-generation’ citizen ID card and been made in safeguarding justice and protecting ‘other documents’ to register their identities at human rights” with the focus on “maintaining social Internet cafes. The new ‘second generation’ ID fairness, justice and human rights protections.” cards record more personal information about a The white paper admits that the Chinese judicial person than its previous avatar making it easier system is in urgent need of reform and recognises for the authorities to control online activities. All that “judicial impartiality is a significant guarantee Internet cafes in Lhasa had been ordered to install of social justice.” Despite these stated goals, what the second -generation ID Card reader. is troubling is that the white paper says nothing about core problems that beset the Chinese 2 3 EXECUTIVE SUMMARY The Chinese government continued to label all His Holiness the Dalai Lama in Bihar state of expressions of Tibetan aspirations and grievances northern India from December 2011 to January as ‘splittists’ and lock them up on ‘national security’ 2012 were detained in various ad hoc detention grounds. Those who shared information about centres in Tibet where they were subjected to human rights abuses in Tibet with outsiders interrogations and political education sessions. were charged of violating State Secrets Law and On 29 January 2012, during an inspection tour imprisoned following dubious trials. around Lhasa, Lhasa Party chief Qi Zhala told the police officers that they should strive to realize the Crackdown on self-immolation protests continued goal of ‘’no big incidents, no medium incidents all through 2012 as local authorities, particularly and no small incidents to occur’’ and to ‘’strike in Kanlho (Ch: Gannan) Tibetan Autonomous hard at all the separatists.’’ Qi also stressed on Prefecture (TAP), Ngaba (Ch: Aba) TAP, Kardze stepping up security and increasing the number TAP, Nagchu (Ch: Naqu) TAP in Tibet Autonomous of police officials along national roads and ‘’key Region (TAR), mobilized government cadres and monasteries.’’ ‘work teams’ to hold political education campaigns and carry out punitive measures against not only The year 2012 also saw the Chinese authorities protest self-immolators and their family
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