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Economic and Social Council Resolution 1996/31

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Economic and Social Council Resolution 1996/31 UNITED NATIONS E Economic and Social Distr. GENERAL Council E/CN.4/Sub.2/2003/NGO/5 10 July 2003 ENGLISH ONLY COMMISSION ON HUMAN RIGHTS Sub-Commission on the Promotion and Protection of Human Rights Fifty-fifth session Item 2 of the provisional agenda QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, INCLUDING POLICIES OF RACIAL DISCRIMINATION AND SEGREGATION, IN ALL COUNTRIES, WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES: REPORT OF THE SUB-COMMISSION UNDER COMMISSION ON HUMAN RIGHTS RESOLUTION 8 (XXIII) Written statement* submitted by International Fellowship of Reconciliation (IFOR), a non-governmental organization in special consultative status The Secretary-General has received the following written statement which is circulated in accordance with Economic and Social Council resolution 1996/31. [3 July 2003] ______________ *This written statement is issued, unedited, in the language(s) received from the submitting non-governmental organization(s). GE.03-14935 -2- 1. On 23 August 1991, the Sub-Commission adopted a landmark resolution entitled, “Situation in Tibet" expressing concern "at the continuing reports of violations of fundamental human rights and freedoms which threaten the distinct cultural, religious and national identity of the Tibetan people. The resolution called upon the Chinese authorities "to fully respect the fundamental human rights and freedoms of the Tibetan people." 2. In 1997, the International Commission of Jurists published, "Tibet - Human Rights and the Rule of Law", a report which documented a new escalation of repression in Tibet characterised by a "re- education" campaign in the monasteries and nunneries, arrests of leading religious figures and a ban on the public display of photos of the Dalai Lama. It also examined the increasing threats to aspects of Tibetan identity and culture through the transfer of Chinese population into Tibet, the erosion of the Tibetan language and the degradation of Tibet environment. Tibetans, the report finds, are powerless to halt these threats because the "autonomy" which they supposedly enjoy is more fictitious than real. The report concluded that Tibetans are a "people under alien subjugation," entitled to but denied the right to self-determination." 3. Despite this bleak record of wide-spread human rights violations in Tibet, the IFOR welcomes a recent positive sign. During the year 2002 and 2003, the Chinese authorities released a number of prominent Tibetan political prisoners and allowed them - Ngawang Choephel, Takna Jigme Sangpo, and Ngawang Sangdrol - to leave Tibet in order to receive urgent medical attention abroad. In his first public statement, issued upon his arrival in the United States after a total of 37 years in prison, 74- year -old Takna Jigme Sangpo said: "My release on medical parole by the Chinese government (I still have nine years of sentence to complete) and arrival in the United States is a triumph of peace, justice and human rights. It is the result of many years of campaign and pressure by Tibet supporters, governments, individuals and public organizations outside as well as within Tibet. Above all, it is the fruit of international support for the fulfilment of the aspirations of His Holiness the Dalai Lama. I would like to express my heartfelt gratitude to everyone... Most importantly, as I begin to enjoy a life of freedom and happiness, I am concerned about the fate of my former fellow prisoners who continue to suffer and languish in dark prisons. Therefore, I take this opportunity to urge strongly for the immediate release of all Tibetan political prisoners." 4. While welcoming this sign of progress, IFOR nevertheless appeals to the international community to remain focused on securing the access to and the release of other Tibetan political prisoners. In this regard, we remind the Sub-Commission of the case of Gedhun Choekyi Nyima, the Eleventh Panchen Lama of Tibet, who together with his parents has been held incommunicado since May 1995. In August 2002, during her last official visit to China as the High Commissioner for Human Rights, Mrs. Mary Robinson told the world press that she had raised the case of the then 13-year-old Gedhun Choekyi Nyima with Chinese officials who replied only that the boy was healthy and that his parents wanted him to have privacy. "I urged that perhaps his parents could come forward and at least that there would be some way of verifying the situation which continues to be a very real concern," Robinson explained. The Chinese authorities did not heed this request nor have they responded positively to other international appeals that an independent body like the Committee on the Rights of the Child be given access to the boy to verify his whereabouts and well-being. -3- 5. Some of the Tibetan political prisoners we wish to highlight in this statement are: i) Ngawang Phulchung, aged 37, monk of Drepung Monastery, currently serving a prison sentence of 19 years at Drapchi Prison, on the outskirts of Lhasa. He was sentenced on 30 November 1989 for being involved in the distribution of a Tibetan translation of the Universal Declaration on Human Rights. ii) Phuntsok Nyidron, aged 33, nun of Michungri Convent, was arrested on 14 October 1989 for taking part in a peaceful demonstration in Lhasa, celebrating the news that the Dalai Lama has been awarded the Nobel Peace Prize and calling for an end to Chinese occupation of Tibet. She was sentenced to 9 years on the charges that she was the "ringleader". In 1993, whilst in prison, she was involved in an audio-recording incident for which she received an additional sentence of 8 years. With a total sentence of 17 years, she is now the longest serving female political prisoner in Tibet. She is currently being detained at Drapchi Prison. iii) Chemi Dorje, aged 35, monk of Serwa Monastery in Pashoed, Chamdo in eastern Tibet was arrested on 29 March 1994. He and four of his colleagues (all monks) were sentenced for alleged charges of "counter-revolutionary propaganda." Chemi Dorjee and two of his colleagues, Lobsang Jinpa and Lobsang Tsegyal, received a sentence of 15 years of imprisonment while two other monks, Jampal Tashi and Lobsang Palden were sentenced to 12 years. iv) Rinzin Wangyal, aged 55, employee of Lhasa Cement Factory, was arrested in August 1995 and is currently serving a sentence of 20 years in Powo Tramo Prison (aka "Tibet Autonomous Region Prison No. 2") for alleged involvement in political activity. He had previously been detained from 1966 to 1982 for the alleged organising of an underground political movement in Tibet. v) Six Tibetans from Sog County were sentenced to varying prison terms ranging from seven years to life imprisonment for political activities. According to information received by the Tibetan Centre for Human Rights and Democracy based in India, the six Tibetans Sey Khedup (27), Tenzin Choewang (64), Tsering Lhagon (41), Yeshi Tenzin (33), Trakru Yeshi (45) and Gyurmey (29) were arrested in March 2000 in different places on different dates. In mid-December, the detainees were brought for a public trial at Nagchu Intermediate People's Court. They were accused of supporting activities of the "Dalai splittist clique and carrying out activities endangering state security". The court produced independence posters, wooden block prints and cassettes containing speeches of the Dalai Lama as evidence of the charges levied on them. 6. Another deplorable and sad dimension of the human rights situation in Tibet concerns custodial deaths of Tibetan political prisoners in recent years despite China's ratification of the Convention Against Torture and the concern expressed over such deaths in Tibet by the Committee. i) Sonam Rinchen, a 29 year-old political prisoner, died in mid-January 2000 in Drapchi Prison. Although the cause of his death is unknown, unconfirmed reports indicate that he had been sick since 1997 and was undergoing treatment. Born in 1973 into the Khangsar family in Gyama town, Meldrogungkar County, Rinchen became actively involved in pro-independence activities after the mass demonstration in Lhasa on 27 September 1987. Rinchen started his political activities in Meldro County, distributing and posting political leaflets. In October 1992, the Lhasa City Intermediate People's Court sentenced Sonam Rinchen and his colleagues under article 102 of the Criminal Proc edure Law of the People's Republic of China. Rinchen, Yeshi and Lhundrup -4- received 15 years" imprisonment and five years deprivation of political rights. Kunchok Lodoe and Sonam Dorjee received 13 years" imprisonment respectively. All five were transferred to Drapchi Prison where the four surviving prisoners continue to serve their term. ii) Sholpa Dawa, a 60-year old tailor from Lhasa City, died at 7 AM on 19 November 2000. He was reportedly taken to a hospital outside Drapchi Prison complex just a few days before his death. The exact cause of his death is not known. His body was apparently not handed over to his family members to perform last rites. Sholpa worked as a construction labourer and later became a private tailor until he was first arrested on 29 September 1981 for allegedly distributing pamphlets on Tibetan independence. He was sentenced to two years' imprisonment and one-year's deprivation of political rights of which he spent six months in Gutsa Detention Centre and one and a half years in Sangyip Prison. Upon his third arrest, Sholpa and his friend Topgyal were sentenced on 8 August 1996: "After thorough investigation, in the year 1993 to 1994, the accused [Sholpa] Dawa told Dhondup Dorje and Ratoe Dawa to collect a list of all political prisoners who have served and who are also currently serving their prison term. Moreover, in July 1993, the accused Topgyal made three 'reactionary' documents and gave them to Sholpa Dawa who handed them over to the Dalai clique." iii) 28-year -old Tibetan nun Ngawang Lochoe, died in Drapchi Prison on 5 February 2001, just one year prior to completion of her 10-year prison sentence.
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