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United Nations A/HRC/22/NGO/3 General Assembly Distr.: General 11 February 2013 English only Human Rights Council Twenty-second session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Written statement* submitted by the Mouvement contre le racisme et pour l’amitié entre les peuples (MRAP), a non- governmental organization in on the roster The Secretary-General has received the following written statement which is circulated in accordance with Economic and Social Council resolution 1996/31. [23 January 2013] * This written statement is issued, unedited, in the language(s) received from the submitting non- governmental organization(s). GE.13-10757 A/HRC/22/NGO/3 People’s Republic of China (PRC): Tibetans face rampant enforced or involuntary disappearances and torture, especially in the wake of self-immolations in Tibet1 The lack of rule of law and independence of judiciary, specifically in Tibet Autonomous Region (TAR) and other Tibetans areas of the PRC, has led to an increase in enforced or involuntary disappearances of Tibetans. The biggest concern of the enforced disappearances of Tibetans is because of the potential commission of other crimes like arbitrary detention, arrests, torture and summary execution on the disappeared persons. Involuntary or Enforced disappearances act as a catalyst to the commission of torture and other inhumane treatments to Tibetans. The report of UN Working Group on enforced or involuntary disappearances presented at the 19 th session of Human Rights Council shows the prevalence of rampant disappearances of Tibetans especially monks. The working group has transmitted numerous accounts of disappeared Tibetans to Chinese government. 2 The surge in number of disappeared persons also indicates the probability of torture being committed by China. China being a party to the UN Convention against Torture and other cruel, inhumane and degrading treatment and punishment (UN CAT), has a binding obligation not only to prohibit torture but also to prevent it. 3 The prohibition of Torture is an absolute and non-derogable obligation and hence cannot be justified under any circumstances. Enforced disappearance According to the 2012 annual report of the Tibetan Centre for Human Rights and Democracy, 269 Tibetans were detained, arrested or disappeared in 2012. 29 Tibetans, out of the total were confirmed to have been sentenced to varying prison terms, while in 218 cases the whereabouts are unknown since their detention or arrest. The number of Tibetans detained, arrested and subsequently disappeared has increased since the protest in 2008 which swept across Tibetans plateau. The number has gone up again, especially after the wave of self-immolations started in Sept 2009. 97 Tibetans have self-immolated till January 15, 2013. Tibetan Autonomous Region (TAR) Gedun Choekyi Nyima: The most distressing and landmark case of disappearances is that of Gedhun Choekyi Nyima, the 11 th Panchen Lama. On May 14, 1995, His Holiness the Dalai Lama announced the six-year old Gedun Choekyi Nyima as the true reincarnation of the 10 th Panchen Lama who is regarded as one of the highest lamas within the Gelugpa tradition. Three days after the announcement, Gedun Choekyi Nyima and his family disappeared and have not been seen in public since then. It has been 17 years since he disappeared from public. Today, Gedhun Choekyi Nyima is 23 years old. Chadrel Rinpoche: Chadrel Rinpoche, born 1940, was the abbot of Tashi Lhunpo Monastery, the traditional seat of the Panchen Lama, located in Shigatse (Ch. Xigaze) in TAR. He was well respected not only among Tibetans but also by the Chinese Authorities 1 Tibet means the historical Tibet area which includes Tibet Autonomous Region (TAR) of China and Other Tibetan areas in Qinghai Province, Sichuan Province, Gansu Province and Yunnan Province. 2 A/HRC/19/58/Rev1. 3 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Available at: http://www2.ohchr.org/english/law/cat.htm. 2 A/HRC/22/NGO/3 and held important positions such as Director of the Civil Administration Society and Chairman of the Democractic Management Committee of Tashi Lhunpo Monastery. After the death of 10 th Panchen Lama, the Chinese authorities appointed him to be the head of the search committee of the reincarnation of the 10 th Panchen Lama. 4 On May 14, 1995, Dalai Lama announced the then 6 year old Gedhun Choekyi Nyima as the reincarnation of the 10 th Panchen Lama. Three days later Authorities arrested Chadrel Rinpoche and his assistant, Jampa Chung at Chengdu airport in Sichuan province for consulting with the Dalai Lama about the reincarnation. After 2 years of incommunicado detention, the Intermediate People's Court in Shigatse in TAR, on April 21, 1997, sentenced him to 6 years of imprisonment in a closed door trial. On November 24, 2011, an unnamed Tibetan official of Bhoejong Nangten Thuntsok (English: Tibetan Buddhism Association) in Tibet who was close associate of Rinpoche reported the death of Rinpoche in an audio message. The report was never confirmed but some believed he was poisoned. His story remains a mystery till date. Qinghai Province The whereabouts of three monks namely Sungrab Gyatso, 36, son of Mr. Phagmo Tsering born in Lhade Chu-nga village in Serchen County, Yeshi Sangpo, 37 and Draksang, 26, were born in Telnag nomadic camp in Qinghai are not known. The local Public Security Bureau (PSB) officers detained Sungrab on December 1, and Yeshi Sangpo and Draksang on December 3, 2012 for sharing information about the mass protest that broke out on 26 November in Chabcha, Tsolho Tibetan Autonomous Prefecture, Qinghai Province. Sichuan Province Following the major protest on January 23 and 24, 2012 in Drango (Ch.: Luhuo) in Kardze (Ch.: Ganzi) Tibetan Autonomous Prefecture, Sichuan Province, Public Security Bureau personnel arrested and detained Trulku Lobsang Tenzin, 40, a reincarnate lama; Geshe Tsewang Namgyal, a teacher and staff member; Thinlay, manager; and Tashi Topgyal aka Dralha, accountant in February 2012 in Tridu (Ch.: Chengdu). 5 Their whereabouts are unknown. Additionally, Tsering Gyaltsen, 40, was severely beaten and detained by Public Security Bureau personnel on February 9, 2012. Five monks from Tsodun Monastery, in Barkham County, Sichuan Province, namely Lobsang Sangay 19; Yarphel and Namsay, 18; Thupwang Tenzin, 20 and Asong 22 were arbitrarily detained and their current whereabouts remain unknown. Additionally, on August 19, 2012, Lobsang Rabten, 34, an official with the Monastery Management Committee of Tsodun Monastery was detained. 6 The location and reason for his detention are unknown. The Tsodun Monastery came under severe crackdown because of many self- immolations from that particular monastery. Likewise Lobsang Tsering, 21, a monk from Kirti Monastery in Ngaba (Ch.: Aba) Prefecture in Sichuan Province was arrested on June 26, 2012 by Public Security Bureau (PSB) personnel and his whereabouts are unknown. 7 On August 25, 2012 Lobsang Sangye, 30, a monk from Kirti Monastery, originally from Chigdril (Ch.: Juizi) County in Golog (Ch.: Guoluo) Tibetan Autonomous Prefecture, 4 Into the Thin Air by Tibetan Centre for Human Rights and Democracy. Available at: http://tchrd.org/images/publications/reports/topical/2012/into-thin-air-report-30-10-2011.pdf. 5 Four Tibetan Monks Remain Disappeared After Drango Crackdown: http://www.tchrd.org/index.php?option=com_content&view=article&id=216:four-tibetan-monks- remain-disappeared-after-drango-crackdown&catid=70:2012-news&Itemid=162. 6 Monks official detained amid ongoing crackdown at Tsodun Monastery.Found at http://goo.gl/Vbs8q. 7 Kirti Monk 'Disappears' After Arrest in Ngaba. Available at: http://www.tchrd.org/ index.php?option=com_content&view=article&id=252:kirti-monk-disappears-after-arrest-in- ngaba&catid=70:2012-news&Itemid=162. 3 A/HRC/22/NGO/3 Qinghai Province was detained and his whereabouts are unknown. On August 17, 2012, Lobsang Konchok, 40, a monk from Kirti Monastery, who belongs to Gyatsotsang family in Chashang Chukle Gongma Township in Ngaba County, was detained and his whereabouts are also unknown. Gansu Province In an another incident, Chinese securities have arrested Sangyal Gyatso (age 30), Kelsang Lodoe (aged 23), Sonam (aged 20) and Tashi Gyatso (aged 22) on March 23, 2012 from Bora Monastery in Sangchu (Ch.: Xiahe) County in Kanlho (Ch.: Gannan) Tibetan Autonomous Prefecture in Gansu Province. This happened after monks from Bora Monastery took out a protest march on March 20, 2012 against the Chinese government carrying portrayal of the Dalai Lama and Tibetan flags and called for human rights, religious freedom and language rights in Tibet. 8 Yet in an another incident, on December 3, 2012, PSB officers from Amchok (Ch.: Amuqu) County along with Bora Township government officials detained Gedun Gyatso, 47, Lobsang Phagpa, 34, Jamyang Soepa, 25, Jamyang Lodoe, about 20, and Jamyang Gyatso, about 20, from their monastic quarters. 9 Their whereabouts are unknown. Torture Rampant in Tibet Trulku Tenzin Delek, age 62, born in Lithang in eastern Tibet (Sichuan Province) was arrested on April 7, 2002. He was convicted on false charges of involvement "in a series of bomb blast incidents in Sichuan Province" and "incitement to separatism", and given death sentence, which was later commuted to life imprisonment. He had now been imprisoned for more than ten years and recent news indicates that he is ill with a heart ailment and a leg injury because of possible torture during interrogation. Karwang (Age 32 or 36) died after being tortured in police custody in Nyagrong (Ch.: Xinlong) county, Kardze (Ch.: Ganzi) Tibetan Autonomous Prefecture, Sichuan Province in May 2012. In mid may, 2012, Karwang, a monk, at Nyagrong Monastery in Nyagrong County was arrested on suspicion of putting up posters calling for freedom. 10 He was taken to Dartsedo (Ch.: Kangding) County where was detained for 8 days.
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  • The Case Concerning Tibet

    The Case Concerning Tibet

    THE CASE CONCERNING TIBET TIBET’S SOVEREIGNTY AND THE TIBETAN PEOPLE’S RIGHT TO SELF-DETERMINATION by International Committee of Lawyers for Tibet (Andrew G. Dulaney and Dennis M. Cusack) and Unrepresented Nations and Peoples Organization (Dr. Michael van Walt van Praag) Tibetan Parliamentary and Policy Research Centre New Delhi First edition : 1998 Second edition : 2000 ©Tibetan Parliamentary and Policy Research Centre Published by: Tibetan Parliamentary and Policy Research Centre C-1/1267, Vasant Kunj, New Delhi-110070 Printed at Archana, Ph. :431-1992, 432-2834 TABLE OF CONTENTS PREFACE I. SUMMARY OF ARGUMENT ............................................ 3 A. Tibet Was Fully Independent Prior To 1951 ................... 3 B. The Tibetan People Are Entitled To Self-Determination.. 5 II. TIBET IS RIGHTFULLY AN INDEPENDENT STATE.... 7 A. When The People’s Liberation Army Entered Tibet, Tibet Was Functioning As A Fully Independent State..... 7 1. A Distinctively Tibetan Population Inhabited Tibet ........................................................................ 7 2. The PLA Entered Distinctively Tibetan Territory....... 8 3. The Government Of Tibet Was Exercising Effective Control Over The Tibetan Population In The Tibetan Territory .......................................... 10 4. The Government Of Tibet Was Capable Of Entering Into International Relations And Had Entered Into Such Relations Repeatedly................... 11 5. Conclusions Regarding The Status Of Tibet In 1950 .................................................................