Amountain climbersummitingChoOyureportedtoICT • witness accountsoftheincident: to cross intoNepal. between sixandeightanoldermanbefore they were able hadtaken ormilitary aged at leastninechildren der security screaming.”The group of that Chinesebor- Tibetans confirmed “We couldonly hearthegunfire andourfriends terrifying: later toldICTthat theincidentwas Autonomous Region, young as10. someofwhomwere as children open fire onthe Tibetans, take aimand who saw personnelkneeldown, Chinesemilitary number mountaineersat ofinternational advance basecamp, Itwas witnessedbythe borderbetween a Tibet andNepal. isapproximatelywhich 20kilometerswest ofMountEverest at justafew kilometerswest ofMountChoOyu, 18,753 feet, were reportsofaseconddeath. unconfirmed andthere was killedimmediately, Kelsang Namtso, old nun, were 17-year attempting tocross theHimalayas intoNepal.A patrols openedfire onagroup ofmore than70 Tibetans who Chineseborder 2006, ofSeptember30, On themorning andisunlikely tobe thelast. for freedom, Tibetantoloseherlifeinabid not thefirst . ButtheyoungnunKelsang Namtsois attempting tocrosstheHimalayas into border patrolsofatleastoneTibetan nessed thecold-bloodedslaying by Chinese whowit- frommountainclimbers reports was shocked theworld by October, In early COMPILED BYSTACY MOSHERFROM REPORTSBYINTERNATIONAL CAMPAIGN FORTIBET(ICT) KELSANG NAMTSO THE DEATH OF h ht agot we saw two binoculars shapes fall.The the shotsrangout, as the linesnakeuphill.Watching offthrough thesnow, and over andover.Then torun thelineofpeoplestarted Over, shotsrangout. withoutwarning, mon sight.Then, heading towards ofthe[Nangpa]pass—acom- thestart “Isaw alineof in anemailcommunication, Tibetans Several mountaineersprovided international ICTwitheye Linzhi), Two 17-year (Chinese: oldmonksfrom Nyingtri The incidenttookplaceontheglaciated NangpaPass at Aset ofimages received by ICT andtaken through atele- • was amonga policeofficerSteve Lawes, climber, ABritish • mountainguidewhowas also aBritish Asecondclimber, • scope by climberat the ChoOyubasecampdepicts aBritish personnel. security the passfor around 36hoursbefore itwas taken away by but itwas thebody, personnel went leftlying on tocheck two ofthemilitary according toLawes andfellow climbers, dead body.”Approximately 20minutes after theshooting, Later they usedittolookat the but thesoldierstookthis. but thenfell again.We hadatelescopewithus gotup, fell, Oneperson towards andfiring thegroup. takingaim, ders, thesoldiers were totheirshoul- puttingtheirrifles shots: who were shooting.This timeitdefinitely wasn’t warning were probably around 300yards away from theChinese tocrossstarted theglacierandthere were more shots.We may which have group shots.The beenwarning two shots, thoseofusat Nangpa Pass.Then Advance BaseCampheard between 20and30peopleonfoot headingtowards the “Isaw agroup Lawes of ture ofthe said, Tibetan children. who witnessedboththeshootingandsubsequentcap- at ChoOyu’sgroup ofclimbersandSherpas basecamp insteadofshootingat them.”diers todetainthe Tibetans, watched realized how easyitwould have beenfor thesol- ofuswho particularly young children.Those conditions, far inthose Noonecouldrun inpowderychest-deep snow. stopped by thebody yaks before were moving on.The ayak caravan camealongthepassfrom Nepaland shooting, “Afterthe were Headded, madebetween intendedtargets.” Clearly distinctions from Nepalandthere was noshooting. acaravan ofyaks came alongthepass couple ofhourslater, whowere completely defenseless.A at thegroup, again, again and takingaimandshooting, Base Campkneeling, couldseeChinesesoldiersquitecloseto dent.They Advance 60 climbersat Advance BaseCampwhowitnessedtheinci- “There couldhave beenasmany as from hisorherinjuries. althoughitisnotknown ifthepersondied later survived, indicating that oneofthetwo mighthave they hadfallen, climbers hadwitnessedoneofthe Tibetans gettingupafter toldICTthat other summiting ChoOyuat thetime, getting up.” andthey weren’t two peoplewere down, confirmed it:

Photo: Getty Images THE PRICE OF CULTURAL EXPRESSION 75 RIGHTS FORUM NO. 4, 2006

Pp. 76–77: Photos taken by a British climber, who passed them to ICT. Here, Chinese PAP approach the body of the nun the day after the shooting.

a group of around 12 police and possibly officials gathered me.They didn’t see us—they weren’t looking around the around the nun’s body in the snow.One of the officials or way kids normally would, they were too frightened. By that police is apparently taking notes and at one point another is time,Advance Base Camp was crawling with soldiers.They pictured, after most of the group has left, lying in the snow had pretty much taken over, and the atmosphere was very with his hands behind his head. Several climbers confirmed intimidating.We were doing our best not to do anything seeing members of the group taking pictures of the body.A that might spark off more violence.” shovel can be seen planted in the ground, which appears to confirm several eyewitness reports that the nun’s body was The shooting is likely to have been carried out by the People’s buried where she died in the snow. Armed Police, a paramilitary unit formed in the early 1980s, • The images, taken at close range, also depict People’s Armed which is responsible for internal security,border control and Police personnel escorting a Tibetan who was apparently protection of state installations, including prisons.The PAP, wounded—possibly by gun-fire, although this could not be which is the main body that patrols the high mountain passes confirmed—through Advance Base Camp.According to sev- where Tibetans attempt to escape into Nepal, is under the con- eral eyewitnesses, the Tibetan was walking with a limp and trol of both a government Ministry and the Party.2 Bases of the had to keep stopping to rest.The pictures also depict chil- PAP in the region are all fortified, have detention facilities, and dren being escorted by the soldiers through the camp. Eye- are used when necessary by People’s Liberation Army personnel. witnesses reported that some of the group of Tibetans who According to sources in the area, increased numbers of military had failed to reach Nepalese territory,including a young personnel were deployed in the region following the incident. boy whose leg was apparently injured by the shooting, There were more than 10 large expeditions at at were taken into their vehicles and driven back to the the time of the shooting, and one source estimated that as many Tibetan border towns. as 100 people could have witnessed it. But most climbers • Steve Lawes said that approximately half an hour after he refused to speak publicly until they were safely out of Chinese and others had witnessed the group come under fire, a territory and in Nepal.Tom Sjogren from the online adventure group of about 10 to 12 children, who seemed to be aged portal Explorersweb Inc., who was in touch with some of the between six and ten years old, were marched into Advance climbers on Cho Oyu at the time, said, “Right away,there was Base Camp by three soldiers with assault rifles.1 Lawes said, pressure at base camp by some commercial outfitters to keep “The children were in single file, about six feet away from this quiet. Rumors are circulating that the people shot were immediate release. ing toeyewitness parliamentcalledfor their reports.The accord- quently taken intocustody at leastnineotherchildren, lawunder international andthat Chineseforces hadsubse- that the17-year-old nun killedintheshootingswas a child noting under theUNConvention ontheRightsofChild, China’s responsibilities tooffer fullprotection tochildren forces.”Theior oftheChinesesecurity Parliament alsoraised lution inordertocondemnwhat hecalled behav-“the brutal initiated thereso- Tibet Intergroup at theEuropean Parliament, ofthe Chairman unarmed Mann, Tibetan civilians.Thomas by ChinesePeople’s of force” PoliceArmed inopeningfire on The resolution citedstrong condemnation ofan “excessive use responsible for any committedwere crimes brought tojustice. gation intotheevents at NangpaPass andtoensure that those toconductafullinvesti-tion callingontheChineseauthorities ea,andiscommonly usedasanescape route by Nepal, Tibetans Nangpa Pass serves asamaintradingroute between Tibet and ing through theHimalayas year.The viaNepaltoIndiaeach Between 2,000 and3,000 Tibetans make thedangerous cross- The backgroundtotragedy and saidborderpatrols hadopenedfire in “self defense.” but onedeath attributed to “altitude sickness,” Nangpa Pass, that at leastonepersonhaddiedfollowing theshootingat itoutof that carrying Tibet mightleadtotheirarrest. becausethey feared bodybullet-ridden ofthenun onthepass, that membersofthegroup hadbeenforced toabandon the incident area onthesameday.Another local Tibetan sourcesaid hadbeenseenat avehicle-accessible road closetothe lances, includingambu- forces vehicles, becauseChinesemilitary rity some Tibetans mighthave beenapprehended by Chinesesecu- were from central local Tibet.A died, Tibetan sourcesaidthat includingthenun who Others, from Khamineastern Tibet. were reportedtobe Tibetans intheirtwenties andthirties, asyoung includingchildren as10well as the group, Mostof the Tibetan RefugeesReceptionCenterinKathmandu. they afterwhich were sentto safely Nepaleseterritory, reach atmosphere was very tense.” tokeep adistanceandthe Mostoftheclimberstried years old. someofthemonly about 19or20 notvery experienced, guys, “The[soldiers]were very young operations inChinasaid: who wanted toremain anonymous becauseofhiscompany’s sonnel climber BaseCamp.An American “took over”Advance atmosphere following per- security theshootingasarmed atenseand described “intimidating” the phonefrom Nepal, Steve speakingon Lawes andseveralincident. otherwitnesses, personnel at ChoOyu’ssecurity advance basecampafterthe but even that isnotlikely.” for guidingoperators, certain risk otherthanacommercial Chinese government ifthey speakup, absolutely noreason for western climberstobeafraidofthe quiet—at leastuntilthey are outofChina.We believe there is andclimbersare beingtoldthat they‘smugglers,’ shouldkeep nOtbr2,theEuropean Parliament passedaresolu- On October26, The officialXinhuaNews onOctober12 Agency confirmed Forty-three Tibetans from thegroup were apparently able to There were several reportsofastrong presence ofChinese 3 In • side oftheborder: have beenfired uponbefore onboththeChineseandNepalese community,Tibetan refugees escaping from Tibet intoNepal number ofwitnessesfrom mountaineering theinternational a Tibetan refugee alarge hadbeenshotdeadinfront ofsuch no lessthantwo tothree weeks Kathmandu onfoot. toreach and mately anothertwo days tocross thefrozen Nangpapass, Ittakes approxi- but itcantake five andeven 10days. days, totheNangpamountainpassusuallyTingri takes two orthree Underidealclimatic conditionsthetrek from andJiri. of totheHimalayanTingri foothill towns Bazaar, ofNamche ancientroute connectsthe fleeing intoexile.The Tibetan town • PAP gatheraroundthebodyofnun. Advance BaseCamp. capturedby thePAPChildren andadultTibetans are ledaway from In 2002, Although theSeptember30incidentwas timethat thefirst h antaigvlaesuho agaL,toldICTthat the maintradingvillage southofNangpaLa, Bazaar, NepalesepoliceinNamche la intoNepaleseterritory. Tibetan refugees aswell aspursuingrefugees across Nangpa upon mountain climbersofChineseborderpolicefiring Autonomous Region. Shigatsethe borderinSaga Prefecture County, inthe Tibet November 1998, there were separate eyewitness by reports Western a 15-year-old Tibetan was shotdeadnear

THE PRICE OF CULTURAL EXPRESSION 77 CHINA RIGHTS FORUM NO. 4, 2006

Lies that Cannot be Covered by Glaciers

BY CHEN WEIJIAN with every child, whether born in exile or arriving as a fugi- This essay,by a Chinese journalist now based in New Zealand,was virtually tive from Tibet,receiving compulsory primary and secondry the only original commentary posted on overseas dissident Chinese Web sites. education. Not only is there no tuition to pay,but all of the children’s living expenses are covered by the government at Recently,soldiers from China’s People’s Liberation Army an average cost of about 2,000 rupees a month (about $44) opened fire on a group of Tibetans,including children, for each student.The government also provides each student who were crossing the glacial Nangpa Pass in an attempt to with 100 rupees a month for incidental expenses. In com- join the Tibetan government in exile in .Two people parison, teachers’ salaries are only 3,000-4,000 rupees a were reported killed.This atrocity was witnessed by more month (about $66-$88), and many teachers, particularly than 60 international mountaineers who were nearby at the foreigners, are volunteers. time.The mountaineers saw kneeling Chinese soldiers The exiled Tibetan community has not implemented a slowly and calmly shoot repeatedly at shabbily dressed completely free healthcare system, but its Public Health Tibetan men, women and children, who were fleeing in all Ministry requires that people above the age of 65 and all directions.Around 10 terrified children were rounded up new exiles receive free medical treatment, while monks and like mice caught by a cat.The mountaineers could not students pay half.The free education and virtually free believe that the country that will host the 2008 Olympic healthcare are a great attraction, but freedom and a life free Games could so barbarously kill its own citizens.This inci- of fear are clearly the most important reasons for Tibetans dent was immediately reported by the international media fleeing to Dharamsala. and shocked the world, as international law has long clearly In recent years the CCP has dishonestly claimed that stipulated that “border patrols can use arms only as a last human rights conditions in Tibet have greatly improved, resort when their lives are threatened,” and these Tibetan that the lives of the Tibetan people have become prosperous fugitives were unarmed and completely defenseless. and that Tibetans can freely practice their own religion, According to statistics from the Tibetan government in learn their own culture and enjoy their traditional lifestyle. exile, each year more than 2,500 Tibetans cross the glaciers The CCP has also claimed that those who flee to exile in to pass through Nepal into Dharamsala, India, where the India have been deceived by the Dalai Lama and his government in exile is based. Many refugees die during the cohorts, that many discover conditions far worse than back crossing.Their frozen bodies are often seen along the escape home, and that after seeing the corruption in the exile routes, which inevitably pass through dangerous terrain as administration, they return to Tibet.But digital information the refugees avoid contact with Chinese border patrols.The sources are difficult to block, and Tibetan refugees are in no Tibetan fugitives must then pass through an area that they way deceived about the conditions in India and the have named “Death Valley,” where a single loosened stone integrity of the government in exile. Every Tibetan who has can cause a thunderous avalanche. Many Tibetans have been fled to India can tell friends and relatives back home about buried under these falling rocks. the actual conditions.That is why,over the decades, the Even if the fugitives are fortunate enough to avoid an footprints of fugitives have never disappeared from the ice- avalanche and enter Nepal, their freedom is still far off. bergs and snowfields between Tibet and Dharamsala. Threatened by the Chinese government, the Nepalese gov- Regardless of how many fall on their way,Tibetan refugees ernment has set up checkpoints along the Tibetan escape continue to advance, wave upon wave, toward Dharamsala. routes, and many Tibetans,after escaping the talons of the Every drop of blood left on the ice and snow denounces the Chinese Communist Party,have been arrested by Nepalese Communist Party’s tyranny and exposes its lies. border police and detained in prison camps, after which This is not the first time the CCP has fired upon Tibetan they are sent back to Tibet.Every fugitive Tibetan is pun- fugitives, and it will certainly not be the last. In decades past, ished by the Chinese authorities upon his or her return. East German border police fired on East Germans as they I have visited Dharamsala and interviewed many Tibetan tried to cross the Berlin Wall to escape Communist tyranny. exiles there. Many of them showed me fingers and toes Eventually,those murderous border patrols were tried for missing or maimed by frostbite and recalled their fugitive their crimes. I believe that the day will come when Chinese experience as a nightmare.When I asked them why they border guards who have killed fleeing Tibetans will likewise fled Tibet to India at such great risk, they all told me with a receive their just punishment. smile that it was to see the Dalai Lama, to be free and to learn of their own culture. Translated by Wang Ai Although the Tibetan government in exile is not wealthy, and pays its officials a monthly salary of only $100, it man- The original Chinese essay was first posted on the Peacehall ages to provide adequately for the basic needs of Tibetan Web site on October 13, 2006, http://www.peacehall. refugees.This is particularly true in the area of education, com/news/gb/pubvp/2006/10/200610131705.shtml.

have beenfired uponby Chineseborderpatrols. least two incidentsinrecent years,Western climbersinthearea though never down asfarvillages astheSherpa proper.” Inat not uncommonfor thePAP refugees well tochase intoNepal— andthosewhotransittheNangpaLaregularly say that itis trade, of thepassare allowed totravel freely ofinformal for purposes and “Sherpa Tibetan tradersfrom bordervillages onbothsides said, andwhohasbeentoChoOyubasecamp, Nangpa La, onasimilarincidentin ICTreported • and state-imposed market controls. their traditionallivelihoods andpressured by heavy taxation many findthemselves unableTibetan areas.Tibetans topursue western regions have produced acompetitive environment in offreedom ofmovementin terms andthedevelopment ofthe offeredopportunities by theChinesegovernment toChinese competition dominated by new new Chinesemigrants.The nomic development oftheir regions andthemarket ders intoNepalare marginalized people affected by theeco- ties ofthecentralgovernment andnotthe Tibetan population. they reflect the priori- down andare insensitive tolocalneeds; economicpoliciesare imposedfrom thetop- freedoms.These cultural andreligious diversity andthe exercise ofpolitical tation offast-trackeconomicdevelopment isinimicalto ture Implemen- development in areasTibet tobenefit inChina. andinfrastruc- exploitation ofmineralandnatural resources, Beijing’s development policiesare focused onthe region. assimilateto further Tibet intoChinaandensure stability inthe campaignemerges from Beijing’srule.The politicalobjectives linked totherepression ofthe Tibetan peopleunderChinese hasahighly politicalagenda directly President JiangZemin, initiated in1999by thenPartyment Strategy, and Secretary of “Westernthe rubric Development.”The Western Develop- Tibet today isBeijing’s economicdevelopment under strategy, tural factors. aswell aspoliticalandcul- these so-called “improvements” thousands of ever, Tibetans continue toleave Tibet dueto How- shouldbeenhanced. loyalty towards the “motherland” that their living conditionsof therefore, Tibetans in Tibet and, areposition thatimproving economicandsocialchanges the The government ofthePeople’s Republic ofChinatakes the Why Tibetansleave Tibet make thejourney were shot. Itisnot known ifanyder security. ofthe17whodidnot it over theNangpaLawhileotherswere caughtby bor- only 17membersofthegroup of34hadsuccessfully made Oneofthe Tibetans inthegroup toldICTthat Nangpa La. whileattempting tocross intoNepaloverborder security group of34 Tibetan refugees was fired uponby Chinese An wholived andworkedAmerican onthesouthsideof nese were madebyat thetime. theNepaleseauthorities Nopublic oftheChi- reprimands Nepalese sideofthepass. shellcasingsonthe lected at leastadozenspentrifle they col- their investigationduring oftheborderincursion, Among thegroups of Tibetan refugees whocross thebor- lives in theonemostaffecting Tibetans’ Among allfactors, 4 October 2003, when a col Prosperous Tibetan families to oftensendtheirchildren school. subjects inuppergradesoftenfall behindandloseinterest in theChineselanguagelacking skillsneededtounderstand other Children Chinese. and allothersubjectsare taughtinMandarin language istypically anelective school,Tibetan class, primary Beyond guage in schools mediumonly in primary Tibet. istaughtin nese language.The national curriculum Tibetan lan- employment market penalizethosewhodonotknow theChi- Chinesepoliciesandthecompetitive andadults. children one ofthemajorreasons for seekingrefuge inIndiafor many for isalsoacauseofmajorfrustration curriculum Tibetans and thestudyporting of Tibetan language at alllevels ofscholastic practices andplacesofworship in Tibetan areas. the Chinesegovernment maintainstightcontrols onreligious and limiting monasticinfluenceinthe Tibetan communities, political campaignsaimedat devaluing religious education and Monksandnuns continue tobetargeted by percent asnuns. includingabout 3to4 Tibetan refugees ledmonasticlives, Over thelasttenyears more than 45 percentof tion in Tibet. and nuns whofound itimpossible topursueareligious voca- factors. aswell aspoliticalandcultural ments” Tibet duetotheseso-called “improve- Thousands of Tibetans continue toleave The lack of proper education policiesencouragingThe lack andsup- most Tibetan refugees are monks asinthepast, In 2005, ther investigations intothecaseare underway. Fur- large-scale andpremeditated illegalstowaway case. hospital. another injured personreceived treatment inthelocal while gen shortage onthe 6,200-meterhighland, aways,” saidthesource. forced todefend themselves andinjured two stow- refused andattacked thesoldiers. Butthestowaways totheirhome. them togoback soldiers found thestowaways to persuade and tried region Thursday. saidanofficial oftherelated ofthe department guards, aconflictwithbordercontrol 30 andonediedduring Tibet Autonomous Regionontheearly ofSept. morning gally cross theborderbetween ChinaandNepalinthe 12—Nearly 70peopleattempted toille- Oct. , Statement ontheShooting Official XinhuaNews Agency Preliminary interrogations showedPreliminary interrogations that itwas a One injured persondiedlater inhospital due tooxy- “thefrontier soldierswere Under thecircumstances, The officialsaidasmallsquadofChinesefrontier

THE PRICE OF CULTURAL EXPRESSION 79 CHINA RIGHTS FORUM NO. 4, 2006

study in China in order to improve their skills have increased in recent years, as longer sentences have been and obtain a good degree from a Chinese university.Families imposed on those who are caught. with a lower income, who cannot afford school fees, often make The value of guides lies in their knowledge of how to evade the decision to send their children into exile in India so that they both Chinese border security and the Nepalese police (or to can gain a Tibetan education and be close to the Dalai Lama. negotiate with the latter), and to navigate the difficult terrain Over the last decade, approximately 30 percent of Tibetan and mountain paths.The fee received by Tibetan guides ranges refugees were children and students seeking a Tibetan educa- from $80 to $350 per person, often a year’s wage for rural tion in exile.The remaining 20 percent were farmers and 5 Tibetans. Despite the risks and the high fees,Tibetans know percent were nomads and unemployed. Over the past four that refugee groups led by a guide are much more likely to years, three-quarters of the refugees who arrived in Nepal arrive safely at the TRRC in Kathmandu than those without a were from the Kham or Amdo regions of eastern Tibet (now group guide. primarily incorporated into the Chinese provinces of , Gansu, Sichuan and Yunnan). A growing peril in Nepal Former political prisoners and those who have been Tibetans face dangers on both sides of the border. On the targeted by the state for participating in what the Chinese Nepal side, there are increasing risks of forced repatriation or authorities broadly term “splittist (or separatist) activities”— refoulement6 (the return of persons to a country where they fear attempting to “split”Tibet from China—are also among those persecution).Towards the end of 2005, it became apparent that who flee Tibet every year. Political activism and pro-independ- the Nepalese police were showing less restraint in capturing ence activities are strictly prohibited and heavily penalized and detaining Tibetans traveling through the Nepalese border according to Chinese laws. Ex-prisoners and political activists areas to Kathmandu. In October 2000, a Tibetan monk died on face a bleak existence once released from prison. Nuns and his way to hospital in Kathmandu after being shot by Nepalese monks are prohibited from returning to their monasteries. police following his escape across the border into Nepal. Though many among them try to build a new life, the oppor- The risks for Tibetans transiting through Nepal have tunities are scarce and they suffer constant supervision and increased over the past two years due to increasing Chinese suspicion.Among those who flee are also many Tibetans who influence on the Nepalese government, as well as in the con- have evaded arrest for political charges. If they returned to text of King Gyanendra’s seizure of power in February 2005 Tibet they would face severe punishment. and the ongoing Maoist insurgency in Nepal, which has claimed more than 13,000 lives. Crossing the The most significant downturn in the political situation in To reach Nepal,Tibetan refugees embark on a dangerous jour- Nepal for Tibetans came in January 2005 with the notice from ney,which, depending on their point of departure and the Nepalese authorities to close the Office of the Representative weather conditions, can take from two to six weeks.The dan- of His Holiness the Dalai Lama and the Tibetan Refugee Welfare gers lie not only in the harsh geographical conditions of the Office (TRWO) in Kathmandu—a move that was clearly linked routes that Tibetans commonly use to cross the border on to China’s influence on the Kingdom.Together with the United foot, but also in the high risk of being captured by Chinese Nations High Commissioner for Refugees (UNHCR), the TRWO border guards. In order to minimize the chances of capture, is responsible for the care of Tibetan refugees transiting through most of the Tibetan refugees travel in winter, as the Chinese and, with the Office of the Representative of His Holiness the People’s Armed Police (PAP) patrolling the Tibetan side of the Dalai Lama, legally resident in Nepal. border are believed to be less active in their patrols during these colder months. China is forging closer trade links with Since 2003 the PAP has tightened up border security and access to remote mountain routes. In 2003, a new prison, the Nepal, and in return, Nepalese authorities Snowland New Reception Center, was opened in have made statements asserting that Nepal specifically to receive Tibetans caught attempting to escape to will not tolerate “anti-China” activities on or returning illegally from Nepal or India. Border security on the Nepal side has also increased due to the presence of the its soil. Unified Command5 of the Royal Nepal Army (RNA) formed by army soldiers, armed police and regular police, with the prin- Within a week of the closure orders, on February 1, 2005, cipal mission to combat the Maoists. In some areas, such as Nepal’s King Gyanendra seized power, sacked the government , the special armed paramilitary police assume all bor- and declared a state of emergency.Although India, the United der monitoring duties. It is common for Chinese and Nepalese States and Europe reacted with statements of strong disap- security to cooperate in initiatives to ensure that the borders proval at the takeover and the dissolution of democratic insti- are protected. tutions and freedoms, China backed the King, and has According to Chinese criminal law,Tibetans who cross the subsequently taken advantage of the turmoil created by the border illegally violate Article 322 and are subject to imprison- Nepalese insurgency and conflicts within the Nepalese govern- ment for “secretly crossing the national boundary.”The dan- ment to exert increasing political influence on Nepal. gers for guides leading Tibetans across the mountain passes Although 2005 ended with Nepalese opposition parties

forced repatriation or of risks withfurther refugees inNepalwas deeply insecure, outposts for thePeople’s Liberation Army. toinventoryauthorities Tibetan crossing areas andplanfuture demarcate the willenable which the Tibet-Nepal border, Chinahas ongoing planstosurvey and religious events. tailing long-established andtraditional Tibetan culturaland includesdisallowing orcur- activitiesonitssoil.This China” made statementsthat Nepalwillnottolerate asserting “anti- have Nepaleseauthorities andinreturn, trade linkswithNepal, Chinaisforging closer of Nepal’s mainsourcesofincome. ditions have causedheavy one damage industry, tothetourist n te rcosblnig,andoftensuffer beatings. and otherprecious belongings, lootingoftheirjewelry, money harassment andmaltreatment, risk Inthesecases,Tibetans Maoists are known tobeactive. theirpatrolling forces during ofborderareasarmed where the many Tibetan refugees were apprehended by theNepalese Tibetans escaping from 2005, Tibet increased.Throughout ment officialsfrom theseareas inKathmandu. UNHCRhasalsometgovern- ofKathmandu.The north trict BesiintheRasuwa andSabru dis- andDunche mountain pass; intheSoloKhumbu region neartheNangpa Luklaairport way; High- alllocated neartheChina-Nepal Friendship Barabise, Chautaraand towns ofKodari,Tatopani, Sindhupalchok refugees tothe missiondestinations includedthe TRRC.These of UNHCRfundingfor facilitating thetravel of Tibetan personnelaboutand toeducate theexistence Nepalesesecurity der regions inordertoprevent from deportations occurring missionstosensitivehas onoccasionsentmonitoring andbor- but outregular visitstoborderareas, UNHCR doesnotcarry missions.The ofUNHCRmonitoring in 2005was alack long-staying Tibetans inNepal. ia,where heissaidtohave gainedenlightenment. , andBodhGaya in hisfirstsermon, where theBuddhapreached mainly in UttarPradesh, toSarnath alsotravelgrims ontoIndia, Many Tibetan pil- most visitedsacred Buddhist placesinNepal. are the of theBuddha, thebirthplace andLumbini, Kathmandu, near Boudhanath inKathmandu togetherwithNamoBoudha, on religious pilgrimage—the stupasofSwayambhunath and Many travelTibetans holdingChinesepassports 2002. toNepal destinationsince Nepalwas by designated asatourist Chinain atrend that hasbeenmore noticeable entered Nepalin2005, Increasing numbers of Tibetans holdingChinesepassports to upontheirreturn pletely retribution legalmeansrisk Tibet. Even Tibetans whomake religious pilgrimages through com- Risky pilgrimages of South Asia. context ofworsening conflictinoneofthepoorest countries hasuntilvery recently beensetina those whoare intransit, bothlong-stayinginsecure situation for and Tibetans inNepal, thecomplexand the streets todemocracy, demandingareturn calling for anti-monarchydemonstrations andwithprotests in hogot20 n 06 thesituation for Tibetan Throughout 2005and2006, The volatile con- security politicalsituation andprecarious Due to the lack of these monitoring visits in 2005, risks for risks visitsin2005, ofthesemonitoring Due tothelack Another factor for increasing risk Tibetan refugees inNepal 7 refoulement and increasing concern forand increasing concern apinfrTbt http://www.savetibet.org/.Campaign for Tibet, and reportsontheNangpaPass shootingby International 2005Update,”tions ImpactingtheFlightof Tibetan Refugees, Condi- wasThis article compiledfrom “Dangerous Crossing: Indianstate of southern Andhra Pradesh. Buddhistceremonygo tothisimportant in Amravati inthe transitedthrough Nepalto Tibetans holdingChinesepassports, includingsome7,000 of January 2006.Thousands Tibetans, beingconveyed by theDalaiLamain theKalachakra, ment, inNepalincreased duetoamajorreligious empower-arriving toIndia. cated from uponreturning atrip also received reportsof Tibetans having confis- theirpassports ICThas to ontheirreturn Tibet. by officials, Chinesesecurity andpossibly detention andthiscanleadtoharassment, Lama, tobepresenttheir passports at anaudiencewiththeDalai Holiness theDalaiLama(CTA) tohave anIndianvisastampin are required by theCentral risk.Visitors Administration ofHis inDharamsalacanput Tibetans at considerable Dalai Lama, NOTES .Floigagnrlcaeiei i-06 Nepal’s government Following began ageneralceasefire inmid-2006, 7. Accordingto 33oftheUNConventionArticle Relating totheStatus of 6. NepaleseUnified Command(NUC)isaunified force military consti- 5. See RoadNearNangpaLatoStemFlow“China Constructs of Tibetan 4. “Chinasays borderguardskilledafleeingrefugee in Associated Press, 3. There are two ofCommandfor People’s chains Police.The Armed 2. but weapons seenwere more thegunsas Witnesses described AK-47s, 1. nsieo hsrs,i ae20,thenumber of Tibetans inlate 2005, In spiteofthisrisk, the But attempting leader, apilgrimage totheirspiritual 06 http://news.bbc.co.uk/2/hi/south_asia/6119826.stm. 2006, November 6, BBC, at Nepalpeacetalks,” See deal’ “’Arms monarchy. assembly willasitsfirst orderofbusiness decide thefate ofNepal’s andthat this that aconstituentassembly willbeelectedinJune2007, weapons.The two sideshave alsoreportedly agreedposal oftherebels’ dis- agreement was imminentononeofthemostcontentiousissues, that aseniorNepalipoliticianreported an 2006, on November 6, engaging intalkswithMaoistrebels sixhoursoftalks inOctober.After 1951. adoptedonJuly 28, of Refugees, UnitedNations Convention relating totheStatus 33, opinion.”Article socialgroup membershipofaparticular orpolitical nationality, gion, reli- his life orfreedom would bethreatened onaccountofhisrace, refugee inany mannerwhatsoever where tothefrontiers ofterritories “NoContracting State (‘refouler’) shallexpelorreturn a Refugees, and PoliceArmed Force plusthe intelligencedepartment. Nepal Police, forces Royal ofthecountry main security Nepalese Army (RNA), against Maoistinsurgents inthecountry.The thethree NUCcomprises tuted by theNepalesegovernment in2001tofacilitate operations savetibet.org/news/newsitem.php?id=552. ICTreport at http://www. 2003, December3, Refugees toNepal,” 2006/10/12/asia/AS_GEN_China_Tibetan_Refugees.php. http://www.iht.com/articles/ap/ 2006, October12, self-defense,” underMinisterZhou ofPublicMinistry Security, Yongkang. falls ofthegovernmentheadquarters underthedirect jurisdiction policeforce armed CommitteeandtheState Council.The tral Military PoliceArmed issimultaneously underthecommandofCCP’s Cen- usedbyrifle thePeople’s Liberation Army. automatic theprincipal designedfor engagements), short-range nikov, likely tobeChinese Type 81 Assault Rifles(copiesofthe AK-47 Kalash-

THE PRICE OF CULTURAL EXPRESSION 81 CHINA RIGHTS FORUM NO. 4, 2006