Iona Liddell, Executive Director, Tibet Justice Center, [email protected] Mandie Mckeown, Campaigns Manager Internationa
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Information on Tibet for consideration by the UN Committee on the Elimination of Racial Discrimination for the List of Themes in Advance of the Review of the People’s Republic of China Information submitted on June 1st, 2018 by the Tibet Advocacy Coalition, co-authored by the International Tibet Network, Students for A Free Tibet, Tibet Initiative Deutschland, Tibet Justice Center and the Tibetan Youth Association in Europe (VTJE). Contacts: Iona Liddell, Executive Director, Tibet Justice Center, [email protected] Mandie McKeown, Campaigns Manager International Tibet Network, [email protected] Migmar Dhakyel, Campaigns Coordinator, Tibet Initiative Deutschland, [email protected] Urgyen Badheytsang, Campaigns Director, Students for a Free Tibet, [email protected] Introduction 1. The systematic denial of human rights for Tibetans by the Chinese government occurs in a climate of endemic racial discrimination in Tibet.1 The Chinese Communist Party’s revival of the concept of Zhongua Minzhu2 racialises Tibetans as a ‘backward’, so-called ‘ethnic minority’ in China, in need of ‘liberation’ from their traditional ‘backwards’ ways through being Sinicised. 2. China’s last review by the the UN Committee on the Elimination of Racial Discrimination (UNCERD) in 2009 took place in the aftermath of a massive, predominantly non-violent, uprising in Tibet in 2008, and China’s violent response in the form of crackdowns, including police brutality, mass arrest, and incarceration. In the years following the uprising and since the last review, the Chinese government enacted a series of oppressive policies designed to monitor and control the Tibetan population and prevent any future dissent against the government. Xi Jinping’s ascension to power in 2012 saw a concerted increase and continuation of these policies. As such, the climate of racial discrimination has increased, as Tibetans have been targeted with discriminatory policies by the Chinese government in most aspects of their daily lives. 3. The Chinese constitution guarantees that “All nationalities in the People's Republic of China are equal”.3 China stated in their State report to UNCERD for the current review cycle, that ‘China has consistently opposed and condemned all forms of racism, such as racial segregation and apartheid’, and cited many laws that they say they have implemented in accordance with UN standards on racial discrimination. These claims are contradicted by the lived experiences of Tibetans in Tibet. 4. Since the last review and in particular since 2008 and since 2012, Tibetans in Tibet are facing increased levels of racial discrimination. Since 2008, the Chinese government has crafted discriminatory policies targeted at Tibetans only, rendering them at disproportionate risk of being tortured, denying Tibetans fewer economic, social and political rights than Chinese citizens, and fostering an overall climate of Han supremacy over so-called ‘ethnic minorities’. 5. A system of racial discrimination has been carefully designed in order to respond to Tibetan resistance and civil society. Tibetans are targeted with specific policies, which do not apply to other people in China; Tibetans are unable to exercise freedom of movement within Tibet, while Chinese can move freely; Tibetan nomads are evicted from their lands, while Chinese have been encouraged to set up permanent residence in Tibet; Tibetans have no access to Tibetan language translations during court proceedings, which are all held in Mandarin. If Tibetans resist by trying to exercise their rights, they are very often criminalised as ‘separatists’. 1 Tibet was a sovereign nation until China’s invasion in 1950. China’s occupation of Tibet remains illegal under international law and violates the Tibetan people’s right to self-determination. The historic territory of Tibet has been annexed into the Chinese provinces of Gansu, Qinghai, Sichuan, Yunnan and the ‘Tibet Autonomous Region’ (TAR). 2 Sander, K. (2016) One Chinese Nation? Promoting the notion of 'Zhonghua Minzu' as a means for the solution to ethnic problems in the People’s Republic of China, Available at the Student Repository of the University of Leiden, https://openaccess.leidenuniv.nl/handle/1887/41883. 3 Constitution of the People’s Republic of China (2004), http://www.npc.gov.cn/englishnpc/Constitution/node_2825.htm. Ending Nomadic Way of Life: 6. In paragraph 21 of its concluding observations to the 2009 Review of China, the Committee recommended that disparities in regional economic and social development should be eliminated; that ethnic minorities should benefit from economic growth; that economic, social and cultural rights should be implemented; and that cultures and traditions should be respected. 7. Since the last review, the Chinese government has launched a number of poverty alleviation programs combined with its economic plans in Tibet, including its launch of a plan to “Leapfrog Development”4. One would expect that these plans would have provided a higher economic standard of living for Tibet’s nomadic population living across Tibet, but this has not been the case. The government has also implemented a variety of ecological conservation programs, which, rather than protecting the land that Tibetans inhabit, has instead paved the way for exploitation of that land. Our analysis of the government’s recently launched Belt and Road Initiative (BRI) is that, rather than an economically supportive initiative, it is most likely to be extractive and thus hugely detrimental to the Tibetan nomads’ way of life. 8. Since 2008, Tibet’s nomadic culture has come much nearer to extinction. At the launch of China’s ‘Western Development Program’ in 1998, Qi Jingfa, the then vice-minister of agriculture was reported as saying that all herdsmen were expected to end the nomadic way of life by the end of the century.5 Since then, nomad resettlement across Tibet intensified drastically. In 2013, Human Rights Watch estimated that over two million Tibetans had been 6 resettled in the TAR since 2006. C hina’s BRI is what now poses a serious threat to the remaining nomads. 9. The BRI will encompass extensive railway networks and highways that will pass through Tibet and connect China to Pakistan, Nepal and South-East Asia7. It is anticipated that once the infrastructure is established, there will be an increase in mining operations, domestic and international tourist facilities, and hydro-power projects. The nomadic culture could be extinct at the latest by 2030, the predicted end of the completion of the BRI routes through Tibet. 10. Tibetan nomads have resisted resettlement, and development of their grazing land, and have often been met with state violence as a result. On May 1, 2018, approximately sixty Tibetan nomad families from Nyimo county, Lhasa prefecture, TAR, made an appeal to the Chinese 4 New York Times, 31 May 2010, China to seek “stability” in Tibet via Development https://www.nytimes.com/2010/01/24/world/asia/24china.html. 5 Xinhua News, 18 March 1998, Herdsmen in China to End Nomadic Life. The submission authors have a saved copy of the article but it is no longer available online. This article was quoted in the report of the UN Special Rapporteur on the right to food about China by Olivier De Schutter in 2012, available here: http://www.srfood.org/images/stories/pdf/officialreports/20120306_china_en.pdf 6 Human Rights Watch (2013) “They Say We Should Be Grateful”: Mass Rehousing and Relocation Programs in Tibetan Areas of China, https://www.hrw.org/report/2013/06/27/they-say-we-should-be-grateful/mass-rehousing-and-relocation-programs-tibetan, p.4. 7 Our research shows that the BRI through Tibet will have multiple railway lines through nomadic areas of Tibet. One will connect China to Pakistan via Sichuan Province in the city of Chengdu through Tibet in traditionally nomadic areas in the Provinces of Sichuan, Gansu and Qinghai. Another will connect China to Nepal with a railway line between Chengdu and Lhasa and onwards to Shigatse and then the border with Nepal. Another railway line will go from Yunnan Province to Lhasa in the TAR, passing through traditionally Tibetan nomadic areas like Dechen, Tibetan Autonomous Prefecture. A majority of these plans are due to be completed between 2020 and 2030. authorities concerning their loss of grazing land that was seized by Chinese authorities in mid-2017 and set to be developed as a ‘tourist zone’.8 Nyimo county is a stop on the BRI route planned to connect Lhasa via Shigatse to the Western part of Tibet and onwards to Nepal. The land was confiscated under the pretext that it was being turned into a farming zone or a pasture. Since then local nomads livelihoods have been endangered as several thousand animals have starved. Tibetans were threatened by officials after they appealed to higher officials for compensation for the land. The locals were told no compensation would be given as the land belonged to the Chinese Communist Party, and were told to remain silent or leave, otherwise they would face arrest or jail.9 11. In 2014 and 2015, in several townships across Sangchu (ch. Xiahe County), Gansu Province, Tibetan nomad-led peaceful protests erupted, opposing nomad land seizure by the Government in order to build a highway. Concerns were also raised about linking the highway construction to mining activities. In May 2017, on a Chinese government website it was announced that a planned railway between the city of Xining and the city of Chengdu would be build and become part of the BRI. The route would pass through Tongren Prefecture, reaching Chengdu via Hezuo City. While the exact route of the planned highway and railway is unclear, a passageway through Xiahe county seems practical and is further supported by reports of highways being built. Major railway lines tend to overlap with highways. 12. Village leader and environmental activist Tsewang Kyab died on 25 April, 2017, 11 months after he led peaceful mass protests against illegal gold mining in Amchok, Sangchu (Ch: Xiahe County), Gansu Province, near the sacred mountain Gong Ngon Lari.