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One Passport, Two Systems China’S Restrictions on Foreign Travel by Tibetans and Others

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One Passport, Two Systems China’S Restrictions on Foreign Travel by Tibetans and Others One Passport, Two Systems China’s Restrictions on Foreign Travel by Tibetans and Others Copyright © 2015 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-32590 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org JULY 2015 ISBN: 978-1-6231-32590 One Passport, Two Systems China’s Restrictions on Foreign Travel by Tibetans and Others Map .................................................................................................................................... i Summary ........................................................................................................................... 1 Recommendations ............................................................................................................. 6 Methodology...................................................................................................................... 7 I. Passport Applications in China: Two Systems .................................................................. 8 Types of Passports ................................................................................................................... 9 II. The Slow-Track System: Areas with Substantial Tibetan or Muslim Populations ............. 11 III. Passport Restrictions and Limitations on Religious Travel ............................................ 15 IV. Restrictions in the TAR ................................................................................................ 20 Chinese Government Claims ................................................................................................... 25 Travel by Ethnic Chinese Residents of the TAR ........................................................................ 28 Evidence from Xinjiang .......................................................................................................... 29 V. International Legal Standards ....................................................................................... 31 Appendix I ........................................................................................................................ 34 Appendix II ....................................................................................................................... 38 Appendix III ...................................................................................................................... 43 Appendix IV ...................................................................................................................... 47 Appendix V ....................................................................................................................... 52 Acknowledgments ............................................................................................................ 53 Map I HUMAN RIGHTS WATCH | JULY 2015 Summary Getting a passport is harder for a Tibetan than getting into heaven. This is one of those “preferential policies” given to us Tibetans by [China’s] central government. —Post by a Tibetan blogger on a Chinese-language website, October 2012 This report focuses on the way that passports are issued in China. It shows that since 2002, a two-track system has been gradually put in place: one that is quick and straightforward, and another that is extremely slow. The fast-track system is available in areas that are largely populated by the country’s ethnic Chinese majority, while the slow-track system has been imposed in areas populated mainly by Tibetans and certain other religious minorities. In the parts of China with the fast-track system, a passport application only requires approval from one office—the local branch of the Exit and Entry Administration under the Ministry of Public Security—and these offices are required either to issue a passport to any citizen within 15 days of an application or to explain the delay.1 But residents of areas with slow-track processing are subjected to extremely long delays, often lasting several years, before passports are issued, or are routinely denied passports for no valid reason. The two-track passport system thus allows residents of ethnic Chinese areas of China to travel abroad easily, but denies residents of Tibetan, Uyghur, and some Hui areas equal access to foreign travel. Official documents from Tibetan and other areas with slow-track processing show that these restrictions, though also affecting ethnic Chinese residents of those areas, were initially designed in part to stop Tibetan Buddhists, Uyghurs, and Hui Muslims from religiously motivated travel—for Tibetans, attendance at teachings of the Dalai Lama in India; for certain Muslims, independent pilgrimages to Mecca. Chinese authorities appear 1 “Passport Application Guide” (护照办理指南), Shunyi District government internet portal, July 16, 2014, http://www.bjshy.gov.cn/Item/6786.aspx (accessed June 24, 2015). The 15-day response rule is also listed in “What is provision of passports on demand?,” Shenchuan tourism information, October 28, 2014, http://serve.shenchuang.com/20141028/122540_2.shtml (accessed June 24, 2015). The 15-day rule applies to applications made to county-level offices, but in higher-level cities passport applicants are to receive a response within 10 working days, or within 5 days where they have applied for expedited processing. 1 HUMAN RIGHTS WATCH | JULY 2015 to regard these forms of travel as a potential cover for subversive political activity and in some Tibetan areas attending certain religious teachings abroad has been proscribed by law since 2012 as a separatist political activity (see Appendices I and III). This system of restrictions on foreign travel for members of certain religious minorities has been taken to an extreme in the Tibet Autonomous Region (TAR). Since 2012 the TAR authorities have ordered the confiscation of all ordinary passports held by registered residents of the region, over 90 percent of whom are Tibetans,2 and appear to have issued no replacements for them. This has prevented nearly all of the three million residents of the region from any foreign travel since that time, except for those who are regarded as traveling on official government business. Restrictions on access to the region and lack of publicly available data make it impossible to assess the full extent of these restrictions. But our study of a wide array of official documents, websites, and news sources; our review of social media traffic on the question; and our face- to-face interviews with 12 people from the region, some well versed in conditions in the TAR as a whole, found no evidence of a confiscated ordinary passport being returned or replaced in the TAR, or of a new ordinary passport being issued there, since 2012. Although all areas in China with slow-track passport processing require lengthy delays before passports are issued, Human Rights Watch is unaware of any other area in China besides the TAR where a near-total ban on the issuance of ordinary passports is in force. These policies and their implementation do not apply to all Tibetans, Uyghurs or Muslims in China, since those registered as residents of cities such as Beijing or Chengdu can obtain passports in the same way as any other resident of that area. Rather, they apply only to certain areas in China that have substantial Tibetan or Muslim populations. Within those areas, these policies are discriminatory whether in intent or effect and impose burdensome requirements that place restrictions on freedom of movement across borders and that contravene international law. By explicitly prohibiting certain forms of pilgrimage, the policies and practices also violate the right to freedom of religion. 2 We found two cases of Tibetan passport-holders in the TAR whose passports had not been recalled, apparently because of bureaucratic oversight, so there have been some exceptions. ONE PASSPORT, TWO SYSTEMS 2 The TAR authorities implemented the near-total ban on foreign travel for ordinary residents of the TAR by taking advantage of China’s nationwide rollout of “ePassports.” The Chinese government began issuing these new passports, which include biometric data stored on an embedded chip, across the country to replace expiring old-style passports in May 2012.3 Since then, passport holders in China are routinely issued ePassports once their old passports have expired. But in the TAR, the authorities used the rollout of the new passports as an opportunity to demand that all ordinary passports in the TAR be handed in immediately to the authorities. On April 29, 2012, just days before the national rollout began, the TAR authorities issued an internal instruction, Notice No. 22 (see Appendix II), which stated that “using the opportunity of the national launch of ePassports in May of this year, all still-valid ordinary passports in our region shall be withdrawn
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