Human Rights Action Plan – Tibet 2019 Contents

Introduction...... 3 Section 1 – China’s obligations...... 4 Section 2 – China and the UN...... 6 Section 3 – Measuring Implementation...... 15 Issue 1 Cultural Rights...... 16 Table 1: Cultural Rights...... 18 Table 2. Language...... 20 Table 3. Religious Freedom...... 22 Issue 2 Human Rights Defenders...... 24 Table 4. Operational space for Human Rights Defenders...... 26 Table 5. Criminalisation of Human Rights Defenders...... 28 Table 6. Arbitrary Detention...... 30 Table 7. Freedom of Expression, Association and Assembly...... 34 Table 8. Enforced Disappearance...... 36 Issue 3 Tibetan Nomads: Non-voluntary Resettlement...... 38 Table 9: Housing...... 40 Issue 4 Torture...... 42 Table 10: Torture...... 44 Issue 5 Racial Discrimination against Tibetans...... 46 Table 11: Racism...... 48 Annex 1...... 50 Notes...... 51

2 Human Rights Action Plan – Tibet (HRAP-T) Introduction

Some of the most visible and egregious human rights offences committed by China occur in Tibet1; a country occupied by China for over six decades. Since 1950 China has enacted a series of region-specific measures in Tibet. As a result, the Tibetan people’s human rights have been grossly violated, in spite of the efforts of various concerned governments and civil society organisations to focus attention on the problem. Over the past five years, the situation has worsened and looks set to continue unless effectively checked. It is vital therefore that China is held accountable to its international obligations, its human rights commitments - both national and at the UN – and the recommendations made to it by United Nations (UN) members states and experts in order to bring the State to adhere to recognized international human rights norms in Tibet. Evidence of positive human rights changes in Tibet would be a positive indication for wider human rights changes in China more generally. As such, the human rights situation in Tibet can be used as the litmus test for China’s overall human rights progress.

Human Rights Action Plan for Tibet Human Rights Action Plan for Tibet (HRAP-T) is a tool devised to enable governments, international human rights monitoring mechanisms and civil society organisations to monitor, and evaluate China’s compliance with, and progress towards, the implementation of accepted recommendations and international human rights promises made to the UN Human Rights Council, Human Rights Treaty Bodies and UN Special Procedures. There are a wide range of state-perpetrated human rights issues affecting Tibet. The focus of this tool is on three of the most critical issues: Nomad resettlement, Cultural rights and Human Rights Defenders. This tool will be updated as new information comes to light regarding UN engagement on China, and any changes in the situation in Tibet or Chinese law.

Overview of the HRAP-T Section one – China’s Obligations Section one clearly lays out all China’s human rights obligations under International Law. It also states China’s human rights commitments relevant to the three issues under Chinese law.

Section two – China and the UN Section two shows recent UN engagement on China.

Section three – Measuring Implementation Section three takes the five critical issues in Tibet, and for each of these shows the significant related promises China has made recently at the UN, the relevant recommendations that have been made to China recently by key UN treaty bodies and independent UN experts and what Chinese law says. While not all of the promises and recommendations have a direct reference to Tibet, many are entirely relevant to the Tibetan context and as such we highlight them.

Having identified the promises and recommendations, we lay out very practicalindicators of what successful implementation by China of these obligations, promises and recommendations in relation to each issue would look like in the Tibet context. It is these indicators that will enable users of this tool to rate and measure China’s application of its human rights obligations, promises and recommendations in Tibet.

Human Rights Action Plan – Tibet (HRAP-T) 3 Section 1 – China’s obligations

China is obligated by a number of international laws and treaties to provide human rights to its citizens. Below is a table summary of the key obligations that affect Tibet.

1.1 China’s relevant obligations under international law International Covenant on Economic, Social and Cultural Rights Signed: 27 Oct 1997 Ratified: 27 Mar 2001 International Covenant on Civil and Political Rights Signed: 5 Oct 1998 NOT ratified Convention on the Elimination of All Forms of Discrimination against Women Signed: 17 Jul 1980 Ratified: 4 Nov 1980 Slavery Convention Ratified: 22 Apr 1927 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Signed: 12 Dec 1986 Ratified: 4 Oct 1988 Convention on the Rights of the Child Signed: 29 Aug 1990 Ratified: 2 Mar 1992 Convention against Discrimination in Education Ratified Convention on the Prevention and Punishment of the Crime of Genocide Signed: 20 Jul 1949 Ratified: 18 Apr 1983 Convention on the Elimination of All Forms of Racial Discrimination Ratified: 29 December 1981

United Nations Human Rights Council Membership China was voted onto the UN Human Rights Council in October 2016 for a 3 year term, ending 2019. Council members are expected to be committed to promoting and protecting human rights globally, and to implementing their own human rights commitments. GA Resolution 60/251 states that “when electing members of the Council, Member States shall take into account the contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments thereto” (Paragraph 8).

The pledge states that the country will uphold international standards of human rights and enumerates actions undertaken by that state in advancing and protecting human rights. In addition, candidates must accept that they will be subjected to periodic peer-reviews of their human rights record if they gain a seat on the Council.

4 Human Rights Action Plan – Tibet (HRAP-T) Key Missing Obligations: China is yet to ratify the International Covenant on Civil and Political Rights (ICCPR). In March 2019, China responded to nine member States’ recommendations during its third cycle UPR to continue working towards ratification of the ICCPR as “accepted and being implemented.”2 In the previous cycle, in March 2014, China also accepted a recommendation from Zambia to consider ratifying the ICCPR. As a key international human rights document that evokes accountability for any abuses of civil and political rights against its citizens, it is crucial that China ratify this Convention as soon as possible.

1.2 China’s Obligations Under Chinese law

China’s Constitution3 China’s constitution contains a number of strong articles for the protection and support of ethnic minorities, and for rights that would enable human rights defenders to carry out their work in safety. In 2004, China made an important addition to the Constitution, in the form of Article 33 which states that “The state respects and guarantees human rights”. However, these are undone by Articles 51-54, which act as conditioners to the articles that preceded them. In the absence of democracy and rule of law, the State maintains the sole power of interpretation of words and phrases within these articles, such as “interests”, “unity”, and “state secrets” – interpretation that can mean life, death or imprisonment to the Tibetan people, and all others living under Chinese rule. Where relevant to an issue, we include reference to the specific articles in the Chinese constitution, but it should be borne in mind that most of these are “undone” by articles 51-54 that significantly narrow the application of all preceding articles.

China’s Human Rights Action Plan4 The establishment of China’s National Human Rights Action plan (HRAP-C) in 2009 appears to be a significant commitment towards safeguarding human rights in China, however it lacks specific goals and procedures. There is also no specific reference to the situation in Tibet. Despite stating in the introduction that the plan is aligned with the Universal Declaration of Human Rights, the HRAP-C makes clear that economic, social and cultural rights are prioritised over civil and political rights, and that the provision of all rights is dependent upon and conditioned by “national interests”. The plan does not offer clear and universal goals for advancing universal human rights. Existing goals are limited to general and vague definitions with no vision of what success could look like. Rather than addressing the specific situation in Tibet, the action plan speaks of “ethnic minorities”, for whom it appears basic economic development is China’s key goal.

Human Rights Action Plan – Tibet (HRAP-T) 5 Section 2 – China and the UN

2.1 UN Human Rights Council China is a member of the UN Human Rights Council. China was reviewed by the rest of the Council in 2018 for the third time, in a process called the Universal Periodic Review. UN member states made 346 recommendations to China during this third cycle, which China chose to either accept, not accept, or designate as “accepted and already implemented.” The results were formalized in March 2019. The HRAP-T focuses on the “accepted” and “accepted and already implemented” recommendations.

2.2 Relevant Human Rights Treaty Body Provisions

2.2.1 Cultural Rights:

International Covenant on Economic, Social, and Cultural Rights Part I, Article 1: All peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development. Part II, Article 2: The States Parties to the present covenant undertake to guarantee that the rights enunciated in the present covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Part II, Article 5: Nothing in the present covenant may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant. Part III, Article 15: 1) The States Parties to the present covenant recognize the right of everyone: a. To take part in cultural life; b. To enjoy the benefits of scientific progress and its applications; c. To benefit from the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which he is the author. 2) The steps to be taken by the States Parties to the present covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. 3) The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.

Convention against Discrimination in Education Article 5: c) It is essential to recognize the rights of members of national minorities to carry on their own educational activities, including the maintenance of schools and, depending on the educational policy of each State, the use or the teaching of their own language, provided however: That this right is not exercised in a manner which prevents the members of these minorities from understanding the culture and language of the community as a whole and from participating in its activities, or which prejudices national sovereignty; That the standard of education is not lower than the general standard laid down or approved by the competent authorities; and that attendance at such schools is optional.

International Covenant on Civil and Political Rights Part III, Article 27: In those states in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language. Part III, Article 19: 1) Everyone shall have the right to hold opinions without interference. (2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

6 Human Rights Action Plan – Tibet (HRAP-T) 2.2.2 Human Rights Defenders:

International Covenant on Economic, Social, and Cultural Rights Part I, Article 1: 1) All peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development. Part II, Article 2: 2) The States Parties to the present covenant undertake to guarantee that the rights enunciated in the present covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

International Covenant on Civil and Political Rights Part I, Article 1: 1) All peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development. Part II, Article 2: 1) Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Part II, Article 2: 3) Each State Party to the present Covenant undertakes: a. To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; b. To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; c. To ensure that the competent authorities shall enforce such remedies when granted. Part III, Article 6: 1) Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. Part III, Article 9: 1) Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. (2) Anyone who is arrested shall be informed, at the time of the arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. (3) Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be a general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment. (4) Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. (5) Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. Part III, Article 10: 1) All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Part III, Article 18: 1) Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. (2) No one shall be subject to coercion, which would impair his freedom to have or to adopt a religion or belief of his choice. Part III, Article 19: 1) Everyone shall have the right to hold opinions without interference. (2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

Human Rights Action Plan – Tibet (HRAP-T) 7 Part III, Article 21: 1) The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedom of others. Part III, Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Part III, Article 27: In those states in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment Part I, Article 1: For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. Part I, Article 2 : 1) Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. 2) No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. 3) An order from a superior officer or a public authority may not be invoked as a justification of torture. Part I, Article 13: Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to and to have his case promptly and impartially examined its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

2.2.3 Nomad Resettlement:

International Covenant on Economic, Social, and Cultural Rights Part I, Article 1: 1) All peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development. Part III, Article 6: 1) The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. Part III, Article 12: 1) The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

International Covenant on Civil and Political Rights Part III, Article 12: 1) Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

8 Human Rights Action Plan – Tibet (HRAP-T) 2.2.4 Torture

International Covenant on Civil and Political Rights Part III, Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment Part I, Article 2: 1) Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. (2) No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. 3) An order from a superior officer or a public authority may not be invoked as a justification of torture. Part I, Article 3: 1) No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. (2) For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights. Part I, Article 4: 1) Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. (2) Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. Part I, Article 10: 1) Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment. (2) Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person. Part I, Article 11: Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture. Part I, Article 12: Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction. Part I, Article 13: Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given. Part I, Article 14: 1) Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. (2) Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law. Part I, Article 15: Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made. Part I, Article 16: 1) Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or

Human Rights Action Plan – Tibet (HRAP-T) 9 other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment. (2) The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law, which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion. Articles in Part II refer to the establishment of a Committee against Torture which “consist[s] of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity”, that oversees the implementation of the Convention Against Torture. The full document – http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx

Section 2.2.5 Racism International Convention on the Elimination of All Forms of Racial Discrimination Part 1, Article 1: 1) In this Convention, the term “racial discrimination” shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. Part 1, Article 2: 1) States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to en sure that all public authorities and public institutions, national and local, shall act in conformity with this obligation; (b) Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or organizations; (c) Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists; (d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization; (e) Each State Party undertakes to encourage, where appropriate, integrationist multiracial organizations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division. Part 1, Article 2: States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved. Part 1, Article 3: States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction. Part 1, Article 4: States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:

10 Human Rights Action Plan – Tibet (HRAP-T) Part 1, Article 5: In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (a) The right to equal treatment before the tribunals and all other organs administering justice; (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution; (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service; (d) Other civil rights, in particular: (i) The right to freedom of movement and residence within the border of the State; (ii) The right to leave any country, including one’s own, and to return to one’s country; (iii) The right to nationality; (iv) The right to marriage and choice of spouse; (v) The right to own property alone as well as in association with others; (vi) The right to inherit; (vii) The right to freedom of thought, conscience and religion; (viii) The right to freedom of opinion and expression; (ix) The right to freedom of peaceful assembly and association; (e) Economic, social and cultural rights, in particular: (i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration; (ii) The right to form and join trade unions; (iii) The right to housing; (iv) The right to public health, medical care, social security and social services; (v) The right to education and training; (vi) The right to equal participation in cultural activities; (f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks. Part 1, Article 6: States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination. Part 1, Article 7: States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention. Part 1, Article 9: 1) States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or other measures which they have adopted and which give effect to the provisions of this Convention: (a) within one year after the entry into force of the Convention for the State concerned; and (b) thereafter every two years and whenever the Committee so requests. The Committee may request further information from the States Parties.

Human Rights Action Plan – Tibet (HRAP-T) 11 2.3 Recent Treaty Body Reviews of China Committee on Economic, Social and Cultural Rights (CESCR), May 2014 – China was reviewed by the UN Committee on Economic, Social and Cultural Rights. The Committee noted in May 2014 “that there are no significant factors and difficulties impeding its [China’s] capacity to effectively implement the Covenant.” The Committee makes concluding observations in the form of recommendations, which China does not officially respond to.

Committee on the Rights of the Child (CRC), Sept/Oct 2013 – China was reviewed by the Committee on the Rights of the Child in Fall 2013.

Committee Against Torture (CAT), Nov 2015 – China was reviewed by the CAT committee in November 2015. The Committee makes concluding observations in the form of recommendations, which China does not officially respond to.

Committee on the Elimination of Racial Discrimination (CERD), August 2018 – China was reviewed by the UN Committee on the Elimination of Racial Discrimination. The Committee makes concluding observations in the form of recommendations, which China does not officially respond to.

2.4 UN Special Procedures (Special Rapporteurs, Working Groups, and Independent Experts) Over the last decade a significant number of Special Procedures have communicated with China on a variety of human rights issues in Tibet. The following recent communications show the breadth of concern from Special Procedures:

February 2017: The UN Special Rapporteurs on cultural rights; freedom of opinion and expression; minority issues; and torture; and the Working Group on Arbitrary Detention raised concerns about “the alleged detention, since 27 January 2016, and the formal arrest, in March 2016, of Tashi Wangchuk, a Tibetan linguistic rights activist, following his appearance in an article and documentary in the New York Times published in November 2015 about his advocacy for the rights of Tibetans to learn and study in their mother tongue.” https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22981 The Chinese government has replied, but there has been a delay in translating and making public the reply.

On December 12, 2017 the UN Special Rapporteurs on freedom of opinion and expression; the situation of human rights defenders; and freedom of religion or belief sent a communication to the Chinese government raising concerns about “the detention and surveillance of Ms. Nyima Lhamo and Ms. Dolkar Lhamo, women human rights defenders and relatives of late Tenzin Delek, and the criminalization of the legitimate exercise of rights of monks and local people in Lithang and Nyakchuka to freedom of expression, freedom of religion and freedom of peaceful assembly.” https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22870 There has been no response to date from the Chinese government.

November 2016: UN Special Rapporteurs on cultural rights; safe environment; freedom of peaceful assembly and of association; minority issues; and freedom of religion or belief, communicated to China their concerns about “mass expulsion of religious practitioners from Larung Gar and Yachen Gar, demolitions of monastic homes in Larung Gar and the cultural and environmental impacts of the mining activities at the Holy Gong-ngon Lari Mountain as well as excessive use of force against, and arbitrary arrest and detention of, peaceful protestors.” https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22816 The Chinese government has replied, but there has been a delay in translating and making public the reply. We record these and earlier communications in the relevant tables in Section 3. There are currently 12 pending requests for China visits from Special Procedures, which China is yet to respond to.

12 Human Rights Action Plan – Tibet (HRAP-T) 2.5 UN High Commissioner for Human Rights China accepted a UPR recommendation in its 2nd cycle review in March 2014 to allow the UN High Commissioner on Human Rights to visit China and Tibet. This visit should happen as a matter of urgency during High Commissioner Zeid Ra’ad Al Hussein’s tenure.

186.73. Facilitate the visits of the UN High Commissioner and the special procedures, including to Tibetan and Uighur area (Switzerland) – Accepted The last UN High Commissioner to visit China was Louise Arbour in 2005, she was subsequently denied a visit to Tibet in 2008. Two High Commissioners issued statements addressing the human rights crisis in Tibet: Louise Arbour in the midst of the 2008 mass protests across Tibet and Navi Pillay during China’s leadership change and the peak of the Tibetan self-immolation crisis in 2012. 2008 – UN High Commissioner for Human Rights Louise Arbour reacted to Chinese security force crackdowns on Tibetan protesters by urging restraint and the provision of the right to freedom of expression and assembly. 2012 – UN High Commissioner for Human Rights Navi Pillay urged China to address root causes of Tibetan protests, including self-immolations, and asked that China grant Tibetans freedom of expression and assembly. See Annex 1. Current High Commissioner Zeid Ra’ad al Hussein said in his maiden media briefing in October 2014 that he wanted to visit Tibet, as well as China, and was in discussions with China about this.5 China has not ruled this out, but has also not confirmed the trip as yet.6

2.6 General Assembly Resolutions The UN General Assembly (UNGA) has passed three resolutions about Tibet, in 1959, 1961 and 1965 respectively, following several appeals by Tibet’s then spiritual and political leader the Dalai Lama. UN member states used the resolutions to challenge China’s claim that Tibet is part of China and to speak out against China’s invasion of Tibet.

2.6.1 1959 UNGA Resolution 1353 (XIV) on Tibet7 1. Affirms its belief that respect for the principles of the Charter of the United Nations and of the Universal Declaration of Human Rights is essential for the evolution of a peaceful world order based on the rule of law; 2. Calls for respect for the fundamental human rights of the Tibetan people and for their distinctive cultural and religious life.

2.6.2 1961 UNGA Resolution 1723 (XVI) on Tibet8 1. Reaffirms its conviction that respect for the principles of the Charter of the United Nations and of the Universal Declaration of Human Rights is essential for the evolution of a peaceful world order based on the rule of law; 2. Solemnly renews its call for the cessation of practices which deprive the Tibetan people of their fundamental human rights and freedoms, including their right to self-determination; 3. Expresses the hope that Member States will make all possible efforts, as appropriate, towards achieving the purposes of the present resolution.

2.6.3 1965 UNGA Resolution 2079 (XX) on Tibet9 1. Deplores the continued violation of the fundamental rights and freedoms of the people of Tibet; 2. Reaffirms that the respect for the principles of the Charter of the United Nations and of the Universal Declaration of Human Rights is essential for the evolution of a peaceful world order based on the rule of law;

Human Rights Action Plan – Tibet (HRAP-T) 13 3. Declares its conviction that the violation of human rights and fundamental freedoms in Tibet and the suppression of the distinctive cultural and religious life of its people increase international tension and embitter relations between peoples; 4. Solemnly renews its call for the cessation of all practices which deprive the Tibetan people of the human rights and fundamental freedoms which they have always enjoyed; 5. Appeals to all States to use their best endeavors to achieve the purposes of the present resolution.

14 Human Rights Action Plan – Tibet (HRAP-T) Section 3 – Measuring Implementation

15 As a result, attempts made by Tibetans to preserve their language have become a political matter, making the their language have become a political matter, attempts made by Tibetans to preserve As a result, 10 maintenance of Tibetan language increasingly difficult. maintenance of Tibetan language increasingly Issue 1 Cultural Rights China continues a wholescale onslaught on Tibetan culture, in particular violating language rights, artistic expression and in particular violating language rights, artistic expression China continues a wholescale onslaught on Tibetan culture, policies various region-specific and tradition is being politicised through The space for Tibetan culture freedom. religious to Tibetan cultural survival. threat thus posing a direct in the criminalisation of acts cultural expression, resulting is the foundation of what it means to be Tibetan, Full access to cultural rights for Tibetans is crucial, as their culture its attack on and education. Since 2008, China has increased language, religion penetrating every aspect of society from by the Chinese dismantling of Tibetan culture singers, writers and artists. The apparent Tibetan cultural icons, arresting a culturally homogenous Han-Chinese society is an outright violation of the cultural Government in favour of creating full access to cultural rights for is a need to work secure rights of Tibetans. Using all diplomatic tools available, there for all aspects of a safe environment to create order Tibetans. A number of policies should be immediately ceased in Tibetan culture. by the Government, controlled increasingly community and its cultural institutions are The religious Religious Freedom: of Tibetan Since 2008, China intensified control freedom. their right to religious exercising Tibetans from preventing Buddhist practices. Government work teams including armed police and soldiers have been deployed inside monasteries or put under either prohibited increasingly gatherings are ‑ educate” monks and nuns. Major religious to monitor and “re leaders have been labelled as anti-government Some religious and detained. intense surveillance by security forces. to the Tibetan language. In 2010 and 2012, proposed linguistic policies in Tibet pose a serious threat Language: China’s Tibetan with Mandarin as the language of instruction in schools sparked mass peaceful protests. changes to replace all of Tibet. Local community- with Mandarin across secondary and higher education is being replaced Tibetan primary, shut down by the Chinese Tibetan language have been reportedly based language empowerment initiatives promoting opposition to Chinese that can be used to express Government, citing in part that the Tibetan language contains words rule.

16 11 Detrimental Chinese law and policy of Religious Festivals – A policy imposed by local governments Prohibition on a case-by-case basis and frequently scale, commemorating Sagadawa has been For example, and on a larger the festival or ceremony. only shortly before banned for the last few years in Tibetan Autonomous Region (TAR). – A strategy ostensibly designed to bring economic development from Strategy for the Opening of West Great of Tibetan nomads, increased including Tibet. This has been used to justify the resettlement eastern China to the West, tourism, the migration of workers, increased Chinese State Owned-Enterprise (SOE), increased investment from uncompensated taking of land, and mining in Tibet. Patriotic Education Campaigns (Policy) – A policy imposed on monasteries designed to make them obedient servants religious practitioners second. of the state first and policy to create within the CCP empowered (SARA) – An organization State Administration of Religious Affairs in the PRC. of religions and control the regulation regarding lamas (or “living that all reincarnated – A policy implemented by SARA requiring Management Measures Trulku recognized as such only by the Chinese government. Buddhas”) be officially Separate Regulations issued by Diru County People’s of Two Information Handbook for the Enforcement Prayer for attending the “Great Tibet, that punishes people and their relatives in Diru county, Government – A regulation Festival” or the Kalachakra Empowerment. Right to Education, Language, Adequate Human Rights violated: Cultural Rights, Religious Freedom, of Expression. of Living, Right to Freedom Standard new passports justified by the implementation of China’s Passport Policy – A policy to withdraw all ordinary reissuance or with burdensome passports without “ePassport” system. This policy has allowed confiscation of Tibetans’ traveling to India Tibetans from This has prevented process. administrative steps and lengthy delays in the reissuance the Dalai Lama. seek blessings from

17 Article 47 – Citizens of the People’s Article 47 – Citizens of the People’s to Republic of China have the freedom literary research, engage in scientific and other cultural and artistic creation pursuits. The state encourages and assists endeavors conducive to the creative made by of the people that are interests citizens engaged in education, science, art and other literature, technology, cultural work. Chinese Constitution 18 16 UN Special Rapporteur on 17 15 February 2017: A group of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan language rights Wangchuk, activist. of UN November 2016: A group Special Rapporteurs (cultural rights; of peaceful freedom safe environment; assembly and of association; minority or belief), of religion issues; and freedom raised concerns about mass expulsion of Larung Gar and practitioners from religious demolitions in Larung Gar, Gar, Yachen impacts of the cultural and environmental mining at Gong-ngon Lari Mountain, and of peaceful protestors. treatment February 2014: The Special Rapporteurs on Arbitrary Detention; Cultural Rights; of Expression; Disappearances; Freedom of Peaceful Assembly and Freedom of Religion; and Association; Freedom Minority Issues send China a joint urgent information on the appeal requesting and condition of ten Tibetan whereabouts musicians believed to be in arbitrary detention. Minority Issues made a request for a visit Minority Issues made a request outstanding. on 30 July 2009 – currently UN Special Procedures 12 14 13 CRC Session 64 Non-discrimination (Related to Language, of Religion, and Cultural Rights) Freedom The Committee raised concern about “the continuous violations of the rights and discrimination against Tibetan and Uighur their right to freedom children…including The language and culture”. of religion, the State party “to take Committee urged immediate action in mainland China to eliminate policies, practices and security or affect that disproportionately measures discriminate against Tibetan and Uighur children”. 27 July: The UN special rapporteurs on Cultural Rights, and human rights to the enjoyment of obligations relating a safe, clean, healthy and sustainable sent a communication to environment China raising concerns about “the rights of on Tibetans implicated by the restrictions reserve.” accessing the Hoh Xil nature CESCR 2014 Non-discrimination (Related to Cultural and of expression Rights and freedom information) The Committee made recommendations for China to combat all forms of discrimination against ethnic minorities, to uphold their right to enjoy fully own cultural identity and take part in on restrictions life, including by removing and information. of expression freedom UN Human Rights Treaty Bodies UN Human Rights Treaty Universal Periodic Review implemented) – 28.85 A (and already legislation Adopt comprehensive against all types of discrimination that of persons from the protection promotes and disadvantaged groups marginalized of their civil and political and the exercise rights, as well their economic and social rights (Honduras); implemented) – 28.86 A (and already including public policies Adopt measures, the enjoyment or laws, which ensure of the right every person not to be including discriminated against in any way, or ethnic their sexual orientation, religion origin (Mexico); implemented) – 28.195 A (and already or of religion Respect the rights to freedom peaceful belief, opinion and expression, including for Tibetans, assembly and culture, Uighurs and other minorities (Germany); of the approach A – 28.275 Strengthen within its cultural differences respecting territory (Peru); implemented) – 28.322 A (and already the rights of ethnic minorities, Fully respect of and expressions of religion freedom cultural identity (Croatia); A – 28.323 Expand existing programmes aimed at ensuring the protection that are of the rights minorities (Zimbabwe); the A – 28.324 Further ensure advancement of the human rights (Afghanistan); minority groups the A – 28.326 Further strengthen of the rights ethnic minority protection with China’s in accordance groups, Constitution and international human rights commitments (Greece); implemented) – 28.327 A (and already and combat all forms of Prevent discrimination and violence, especially minorities (Italy); against ethnic and religious A – 28.328 Continue to guarantee the rights of ethnic minorities to participate in the management of State and social affairs to law (Lao on an equal footing according Democratic Republic); People’s Table 1: Cultural Rights Table

18 Chinese Constitution Article 47 – Citizens of the People’s to Republic of China have the freedom literary research, engage in scientific and other cultural and artistic creation pursuits. The state encourages and assists endeavors conducive to the creative made by of the people that are interests citizens engaged in education, science, art and other literature, technology, cultural work. 18 16 UN Special Rapporteur on 17 15 UN Special Procedures of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan language rights Wangchuk, activist. of UN November 2016: A group Special Rapporteurs (cultural rights; of peaceful freedom safe environment; assembly and of association; minority or belief), of religion issues; and freedom raised concerns about mass expulsion of Larung Gar and practitioners from religious demolitions in Larung Gar, Gar, Yachen impacts of the cultural and environmental mining at Gong-ngon Lari Mountain, and of peaceful protestors. treatment February 2014: The Special Rapporteurs on Arbitrary Detention; Cultural Rights; of Expression; Disappearances; Freedom of Peaceful Assembly and Freedom of Religion; and Association; Freedom Minority Issues send China a joint urgent information on the appeal requesting and condition of ten Tibetan whereabouts musicians believed to be in arbitrary detention. Minority Issues made a request for a visit Minority Issues made a request outstanding. on 30 July 2009 – currently 12 14 13 CRC Session 64 Non-discrimination (Related to Language, of Religion, and Cultural Rights) Freedom The Committee raised concern about “the continuous violations of the rights and discrimination against Tibetan and Uighur their right to freedom children…including The language and culture”. of religion, the State party “to take Committee urged immediate action in mainland China to eliminate policies, practices and security or affect that disproportionately measures discriminate against Tibetan and Uighur children”. 27 July: The UN special rapporteurs on Cultural Rights, and human rights to the enjoyment of obligations relating a safe, clean, healthy and sustainable sent a communication to environment China raising concerns about “the rights of on Tibetans implicated by the restrictions reserve.” accessing the Hoh Xil nature UN Human Rights Treaty Bodies UN Human Rights Treaty CESCR 2014 Non-discrimination (Related to Cultural and of expression Rights and freedom information) The Committee made recommendations for China to combat all forms of discrimination against ethnic minorities, to uphold their right to enjoy fully own cultural identity and take part in on restrictions life, including by removing and information. of expression freedom Establishment of self-governing pasture user groups run by and including local Tibetans. user groups Establishment of self-governing pasture of urban markets for Tibetan dairy products. Creation degraded grassland areas. for Tibetan nomad communities to rehabilitate Funding provided of veterinary services, pest management, and other linked services as a poverty alleviation in and provision Training and income generation program. and education to Tibetan nomadic communities (via mobile schools clinics) Decentralisation of health care staff. of qualified teachers and health care provision to Tibetan nomadic and rural communities. is provided solar and wind energy Access to appropriate All Tibetan artists, writers, musicians and community leaders arrested for the promotion of cultural rights are released and released of cultural rights are for the promotion All Tibetan artists, writers, musicians and community leaders arrested is ceased. further harassment linked to cultural promotion eastern China to work in Tibet. The elimination of incentives for Han Chinese from developed. New culturally sensitive policies to support nomads in their lifestyle the grasslands and their homes is suspended. from Tibetan nomads and rural residents The policy to remove that support the traditional Tibetan nomads and Evidence is seen of new and culturally sensitive policies implemented These could include: poverty alleviation measures. farmers in their lifestyles, including effective • • • • • • • to consult with the local community. required Businesses involved in the extractive industries are Tibet. Special Rapporteur in the field of Cultural Rights is allowed to visit Special Rapporteur on Minority Issues is allowed to visit Tibet. Outcome Indicators • • • • • • • • Universal Periodic Review implemented) – 28.85 A (and already legislation Adopt comprehensive against all types of discrimination that of persons from the protection promotes and disadvantaged groups marginalized of their civil and political and the exercise rights, as well their economic and social rights (Honduras); implemented) – 28.86 A (and already including public policies Adopt measures, the enjoyment or laws, which ensure of the right every person not to be including discriminated against in any way, or ethnic their sexual orientation, religion origin (Mexico); implemented) – 28.195 A (and already or of religion Respect the rights to freedom peaceful belief, opinion and expression, including for Tibetans, assembly and culture, Uighurs and other minorities (Germany); of the approach A – 28.275 Strengthen within its cultural differences respecting territory (Peru); implemented) – 28.322 A (and already the rights of ethnic minorities, Fully respect of and expressions of religion freedom cultural identity (Croatia); A – 28.323 Expand existing programmes aimed at ensuring the protection that are of the rights minorities (Zimbabwe); the A – 28.324 Further ensure advancement of the human rights (Afghanistan); minority groups the A – 28.326 Further strengthen of the rights ethnic minority protection with China’s in accordance groups, Constitution and international human rights commitments (Greece); implemented) – 28.327 A (and already and combat all forms of Prevent discrimination and violence, especially minorities (Italy); against ethnic and religious A – 28.328 Continue to guarantee the rights of ethnic minorities to participate in the management of State and social affairs to law (Lao on an equal footing according Democratic Republic); People’s

19 Article 4 – All ethnic groups have the Article 4 – All ethnic groups to use and develop their own freedom spoken and written languages to their own folkways and or reform preserve customs. Chinese Constitution 24 23 February 2017: A group of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan language rights Wangchuk, activist. June 2013: The SR for Arbitrary Detention; of Freedom of Expression; Freedom Peaceful Assembly and Association; and Human Rights Defenders expressed and sentencing concern about the arrest of a Tibet student who lead peaceful in November 2012 calling protest to study the Tibetan for “freedom language.” of UN Special February 2018: A group of Rapporteurs (cultural rights; freedom human rights opinion and expression; defenders; minority issues; racism; and the on Arbitrary Detention) Group The Working concerns over the continued reiterated who is an Wangchuk, detention of Tashi advocate for the linguistic and cultural rights of the Tibetan people. UN Special Procedures The Committee further 21 19 20 22 recommended that China preserve the that China preserve recommended “Tibetan language in Tibet Autonomous inter alia, encouraging Region by, its use in the fields of and promoting education, the judicial system, and media.” CESCR 2014 that the “The Committee recommends to State party take all necessary measures enjoyment the full and unrestricted ensure by minorities, including Tibetans, Uighurs and Inner Mongolians, of their right to enjoy fully their own cultural identity and the take part in cultural life, and to ensure use and practice of their language The Committee also recommends culture. that the State party take adequate cultural diversity to protect measures of the cultural awareness and promote and linguistic heritage of ethnic, religious minorities.” CRC 2013 Non-discrimination (Related to Language, of Religion, and Cultural Rights) Freedom The Committee raised concern about “the continuous violations of the rights and discrimination against Tibetan and Uighur their right to freedom children…including The language and culture”. of religion, the State party “to take Committee urged immediate action in mainland China to eliminate policies, practices and security or affect that disproportionately measures discriminate against Tibetan and Uighur children”. CERD 2018 Non-discrimination that China The Committee recommended to ensure special measures “strengthen equal access to, availability of and quality of primary and secondary education to all ethnic groups” UN Human Rights Treaty Bodies UN Human Rights Treaty Universal Periodic Review to provide A – 28.261 Make further efforts the right to education for all without discrimination (Qatar); A – 28.262 Continue to advance in the of fair and equal education so as to area guarantee the right to education (Saudi Arabia); A – 28.263 Continue to invest in improving areas the conditions of schools in remote (Singapore); access to quality A – 28.264 Ensure in line with the education for all children Convention on the Rights of Child (Slovenia); access to A – 28.265 Further improve especially those education for children, of and the children living in rural areas migrant workers (Sri Lanka); A – 28.266 Expand the balanced development of compulsory education and the delivery of public services in urban and (Bahrain); rural areas the to narrow A – 28.267 Continue efforts gap in compulsory education between and the national ethnic autonomous areas average (Burundi); A – 28.268 Continue to develop bilingual education in ethnic minority areas Republic of Korea); (Democratic People’s A – 28.272 Continue to implement the free education policy in the Tibet Autonomous Region (Nepal); support for early A – 28.273 Increase childhood education in rural communities (Nepal); supply A – 28.274 Continue the increased rural in remote, of educational resources (Bangladesh); and ethnic minority areas Table 2. Language Table

20 Chinese Constitution have the Article 4 – All ethnic groups to use and develop their own freedom spoken and written languages to their own folkways and or reform preserve customs. 24 23 UN Special Procedures of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan language rights Wangchuk, activist. June 2013: The SR for Arbitrary Detention; of Freedom of Expression; Freedom Peaceful Assembly and Association; and Human Rights Defenders expressed and sentencing concern about the arrest of a Tibet student who lead peaceful in November 2012 calling protest to study the Tibetan for “freedom language.” of UN Special February 2018: A group of Rapporteurs (cultural rights; freedom human rights opinion and expression; defenders; minority issues; racism; and the on Arbitrary Detention) Group The Working concerns over the continued reiterated who is an Wangchuk, detention of Tashi advocate for the linguistic and cultural rights of the Tibetan people. 25 26 The Committee further 21 19 20 22 recommended that China preserve the that China preserve recommended “Tibetan language in Tibet Autonomous inter alia, encouraging Region by, its use in the fields of and promoting education, the judicial system, and media.” UN Human Rights Treaty Bodies UN Human Rights Treaty CESCR 2014 that the “The Committee recommends to State party take all necessary measures enjoyment the full and unrestricted ensure by minorities, including Tibetans, Uighurs and Inner Mongolians, of their right to enjoy fully their own cultural identity and the take part in cultural life, and to ensure use and practice of their language The Committee also recommends culture. that the State party take adequate cultural diversity to protect measures of the cultural awareness and promote and linguistic heritage of ethnic, religious minorities.” CRC 2013 Non-discrimination (Related to Language, of Religion, and Cultural Rights) Freedom The Committee raised concern about “the continuous violations of the rights and discrimination against Tibetan and Uighur their right to freedom children…including The language and culture”. of religion, the State party “to take Committee urged immediate action in mainland China to eliminate policies, practices and security or affect that disproportionately measures discriminate against Tibetan and Uighur children”. CERD 2018 Non-discrimination that China The Committee recommended to ensure special measures “strengthen equal access to, availability of and quality of primary and secondary education to all ethnic groups” Policies that require Tibetan to be the officially recognised language in Tibet are implemented. recognised language in Tibet are Tibetan to be the officially Policies that require language used to teach in schools at all levels. Tibetan language becomes the official to at least 80%. increase and TAPs Literacy levels of Tibetans in TAR to Tibetans that will allow them compete for and gain skilled jobs. provided Education and training opportunities are This should involve classes taught in Tibetan and Mandarin. to employment, and have Tibetan language as a prerequisite and TAPs in TAR Local authority positions offered conducted in Tibetan language. are procedures recruitment Outcome Indicators • • • • • Universal Periodic Review to provide A – 28.261 Make further efforts the right to education for all without discrimination (Qatar); A – 28.262 Continue to advance in the of fair and equal education so as to area guarantee the right to education (Saudi Arabia); A – 28.263 Continue to invest in improving areas the conditions of schools in remote (Singapore); access to quality A – 28.264 Ensure in line with the education for all children Convention on the Rights of Child (Slovenia); access to A – 28.265 Further improve especially those education for children, of and the children living in rural areas migrant workers (Sri Lanka); A – 28.266 Expand the balanced development of compulsory education and the delivery of public services in urban and (Bahrain); rural areas the to narrow A – 28.267 Continue efforts gap in compulsory education between and the national ethnic autonomous areas average (Burundi); A – 28.268 Continue to develop bilingual education in ethnic minority areas Republic of Korea); (Democratic People’s A – 28.272 Continue to implement the free education policy in the Tibet Autonomous Region (Nepal); support for early A – 28.273 Increase childhood education in rural communities (Nepal); supply A – 28.274 Continue the increased rural in remote, of educational resources (Bangladesh); and ethnic minority areas

21 Article 36 – Citizens of the People’s Article 36 – Citizens of the People’s of Republic of China enjoy freedom public belief. No state organ, religious or individual may compel organization citizens to believe in, or not nor may they discriminate any religion; against citizens who believe in, or do not The state protects believe in, any religion. activities. No one may normal religious to engage in activities make use of religion impair the health that disrupt public order, with the educational of citizens or interfere system of the state. Religious bodies and not subject to any are affairs religious domination. foreign Chinese Constitution 31

32 33 34 December 2017: A group of Special December 2017: A group of opinion and Rapporteurs (freedom human rights defenders; expression; or belief) raised of religion freedom of Ms. concerns about the treatment Nyima Lhamo, Ms. Dolkar Lhamo and the monks and local people in Lithang Delek Nyakchuka in the wake of Tenzin death in Chinese custody. Rinpoche’s of UN November 2016: A group Special Rapporteurs (cultural rights; of peaceful freedom safe environment; assembly and of association; minority or belief), of religion issues; and freedom raised concerns about mass expulsion of Larung Gar and practitioners from religious demolitions in Larung Gar, Gar, Yachen impacts of the cultural and environmental mining at Gong-ngon Lari Mountain, and of peaceful protestors. treatment China accepted in principle 2004 a visit the Special Rapporteur on Freedom from of Religion. Date last letter requesting dates was September 2006. Visit request pending. of UN Special August 2018: A group Rapporteurs (minority issues; racism; on Group and the Working religion; Arbitrary Detention) raised concerns over the two-track passport system that has traveling for Tibetans from restricted purposes. religious November 2011: A group of UN experts November 2011: A group of Religion or Belief, Freedom (Freedom of Peaceful Assembly and Association, of Opinion and Expression, Freedom or Involuntary Disappearances, Enforced Arbitrary Detention, Minority Issues), raised concern over crackdown and restrictions in the Tibetan Buddhist Kirti monastery area. and the surrounding UN Special Procedures The 29 30 28 27 CESCR 2014 that the “The Committee… recommends to State party take adequate measures cultural diversity and promote protect of the cultural heritage awareness and linguistic of ethnic, religious minorities”. CERD 2018 Non-discrimination that China The Committee recommended and practices implement laws, regulations, “in a manner that does not constitute or discrimination on the grounds profiling descent, nationality, of race, colour, identity.” ethnicity or ethno-religious CRC 2013 “In light of article 14 the Convention and article 36 of the State party’s its previous Constitution, and recalling (CRC/C/CHN/ recommendations CO/2, para. 45), the Committee that the State party take recommends the full to ensure all necessary measures implementation of the Regional Ethnic guarantee the Autonomy Act, effectively of thought, conscience right to freedom for those under 18… In and religion the Committee recommends particular, that the State party: (a) Abolish criminal and administrative penalties, including which labour, through re-education certain groups, from children target particularly Tibetan Buddhist…; (b) and restrictions Repeal all measures of any age Tibetan children that prohibit activities or participating in religious from education, including religious receiving imposed on monasteries measures and nunneries… (d) Immediately allow an independent expert to visit Gedhun Choekyi Nyima and verify his health living conditions.” Committee also recommended that China Committee also recommended non-discriminatory determinations “ensure on passport applications and freedom of movement for Tibetans who would like to travel within and beyond Tibet Autonomous Region and abroad.” UN Human Rights Treaty Bodies UN Human Rights Treaty Universal Periodic Review A – 28.24. Respond positively to the to it by the Special invitation addressed or belief of religion Rapporteur on freedom (Poland) implemented) – 28.182 A (and already or belief of religion freedom Fully protect by ensuring Chinese law supports the practise their rights of individuals to freely (Australia); religion implemented) – 28.183 A (and already and fulfil the right to Respect, protect of thought, conscience and freedom with general in accordance religion, comment 22 of the Human Rights Committee (New Zealand); 28.184 Continue accelerating the – A development of laws and systems that for all citizens of religion freedom protect (Peru); implemented) – 28.185 A (and already full implementation of its Ensure international human rights obligations or belief of religion freedom regarding (Poland); implemented) – 28.186 A (and already to allow the necessary measures Take of exercise all citizens to enjoy the free that ethnic or belief and to ensure religion practise their religion minorities can freely (Austria); their culture and exercise A – 28.187 Continue to conduct friendly field with exchanges in the religious mutual to increase other provinces understanding (Saudi Arabia);A – 28.188 of religious freedom Continue to promote with the law; belief in accordance harmony social and religious safeguard among its people (Turkmenistan); freedom A – 28.193 Continue promoting with the or belief in accordance of religion context of national laws (Egypt); implemented) – 28.194 A (and already or belief, of religion Guarantee freedom including in Tibet and Xinjiang (France); the A – 28.197 Continue to strengthen development of laws and systems for or belief of religion freedom protecting (Indonesia); the management of A – 28.198 Improve with worship, in accordance religious national laws (Algeria); Table 3. Religious Freedom Table

22 Chinese Constitution Article 36 – Citizens of the People’s of Republic of China enjoy freedom public belief. No state organ, religious or individual may compel organization citizens to believe in, or not nor may they discriminate any religion; against citizens who believe in, or do not The state protects believe in, any religion. activities. No one may normal religious to engage in activities make use of religion impair the health that disrupt public order, with the educational of citizens or interfere system of the state. Religious bodies and not subject to any are affairs religious domination. foreign 31

32 33 34 UN Special Procedures of Special December 2017: A group of opinion and Rapporteurs (freedom human rights defenders; expression; or belief) raised of religion freedom of Ms. concerns about the treatment Nyima Lhamo, Ms. Dolkar Lhamo and the monks and local people in Lithang Delek Nyakchuka in the wake of Tenzin death in Chinese custody. Rinpoche’s of UN November 2016: A group Special Rapporteurs (cultural rights; of peaceful freedom safe environment; assembly and of association; minority or belief), of religion issues; and freedom raised concerns about mass expulsion of Larung Gar and practitioners from religious demolitions in Larung Gar, Gar, Yachen impacts of the cultural and environmental mining at Gong-ngon Lari Mountain, and of peaceful protestors. treatment China accepted in principle 2004 a visit the Special Rapporteur on Freedom from of Religion. Date last letter requesting dates was September 2006. Visit request pending. of UN Special August 2018: A group Rapporteurs (minority issues; racism; on Group and the Working religion; Arbitrary Detention) raised concerns over the two-track passport system that has traveling for Tibetans from restricted purposes. religious November 2011: A group of UN experts November 2011: A group of Religion or Belief, Freedom (Freedom of Peaceful Assembly and Association, of Opinion and Expression, Freedom or Involuntary Disappearances, Enforced Arbitrary Detention, Minority Issues), raised concern over crackdown and restrictions in the Tibetan Buddhist Kirti monastery area. and the surrounding The 29 30 28 27 the ban on religious construction without government permission; the ban on religious the limits on number of monks and nuns permitted per monastery; for admission of monks and nuns on the basis their political views; the screening study for the purpose of religious and provinces, on travel between counties, prefectures government restrictions and pilgrimage; sessions, which often include the denunciation of Dalai Lama ‘Patriotic re-education’ Official policy of State intervention in the identification and training of Tibetan reincarnate lamas is ceased. of Tibetan policy of State intervention in the identification and training Official institutions is disbanded. Policy to implement “Management Committees” at religious ended, such as: are culture the Tibetan religious to erode at Tibetan Buddhist institutions which threaten Practices targeted • • • • • or peaceful activities, without repercussion birthday through mark the Dalai Lama’s allowed to freely Tibetans are interference festivals allowed to celebrate traditional Tibetan holidays and Tibetans are to improve the building, rather than merely and protect carried out to genuinely preserve Renovations of monasteries are its external appearance sites is prohibited. or could damage Potala Palace and other important sacred Construction that would threaten Ratification of the International Covenant on Civil and Political Rights (ICCPR) is carried out, ensuring the Covenant’s and practice their own religion extended to Tibetans, including their right profess are protections of Religion is allowed to visit Tibet. UN Special Rapporteur for Freedom Outcome Indicators • • • • • • • • • UN Human Rights Treaty Bodies UN Human Rights Treaty CESCR 2014 that the “The Committee… recommends to State party take adequate measures cultural diversity and promote protect of the cultural heritage awareness and linguistic of ethnic, religious minorities”. CERD 2018 Non-discrimination that China The Committee recommended and practices implement laws, regulations, “in a manner that does not constitute or discrimination on the grounds profiling descent, nationality, of race, colour, identity.” ethnicity or ethno-religious CRC 2013 “In light of article 14 the Convention and article 36 of the State party’s its previous Constitution, and recalling (CRC/C/CHN/ recommendations CO/2, para. 45), the Committee that the State party take recommends the full to ensure all necessary measures implementation of the Regional Ethnic guarantee the Autonomy Act, effectively of thought, conscience right to freedom for those under 18… In and religion the Committee recommends particular, that the State party: (a) Abolish criminal and administrative penalties, including which labour, through re-education certain groups, from children target particularly Tibetan Buddhist…; (b) and restrictions Repeal all measures of any age Tibetan children that prohibit activities or participating in religious from education, including religious receiving imposed on monasteries measures and nunneries… (d) Immediately allow an independent expert to visit Gedhun Choekyi Nyima and verify his health living conditions.” Committee also recommended that China Committee also recommended non-discriminatory determinations “ensure on passport applications and freedom of movement for Tibetans who would like to travel within and beyond Tibet Autonomous Region and abroad.” Universal Periodic Review A – 28.24. Respond positively to the to it by the Special invitation addressed or belief of religion Rapporteur on freedom (Poland) implemented) – 28.182 A (and already or belief of religion freedom Fully protect by ensuring Chinese law supports the practise their rights of individuals to freely (Australia); religion implemented) – 28.183 A (and already and fulfil the right to Respect, protect of thought, conscience and freedom with general in accordance religion, comment 22 of the Human Rights Committee (New Zealand); 28.184 Continue accelerating the – A development of laws and systems that for all citizens of religion freedom protect (Peru); implemented) – 28.185 A (and already full implementation of its Ensure international human rights obligations or belief of religion freedom regarding (Poland); implemented) – 28.186 A (and already to allow the necessary measures Take of exercise all citizens to enjoy the free that ethnic or belief and to ensure religion practise their religion minorities can freely (Austria); their culture and exercise A – 28.187 Continue to conduct friendly field with exchanges in the religious mutual to increase other provinces understanding (Saudi Arabia);A – 28.188 of religious freedom Continue to promote with the law; belief in accordance harmony social and religious safeguard among its people (Turkmenistan); freedom A – 28.193 Continue promoting with the or belief in accordance of religion context of national laws (Egypt); implemented) – 28.194 A (and already or belief, of religion Guarantee freedom including in Tibet and Xinjiang (France); the A – 28.197 Continue to strengthen development of laws and systems for or belief of religion freedom protecting (Indonesia); the management of A – 28.198 Improve with worship, in accordance religious national laws (Algeria);

23 . Since the start of 35 Issue 2 Human Rights Defenders in which human rights defenders can Chinese government policy and practice in Tibet leaves no room thus violating the UN Declaration on Human Rights Defenders operate safely, occupation of Tibet in 1950, but increasingly since 2008, China has targeted Tibetan human rights since 2008, China has targeted occupation of Tibet in 1950, but increasingly cultural rights, and other human rights including self freedom, defenders. Tibetans who speak up for religious and torture. often with incarceration all dealt with severely; determination, are “inciting the splitting of often accused of “leaking state secrets”, Tibetan human rights defenders are In addition, fabricated charges that do not contravene international law. motherland” and other charges them carrying out their work. The prevent often levied at human rights defenders to silence them, and are criminalisation of HRDs often then leads to their arbitrary detention. for the defence of human rights, its required on freedoms Despite the Chinese constitution being strong vulnerable to criminalisation. human rights defenders extremely conditional clauses (Articles 51-54) render the UN Special Rapporteur on human rights for a visit from to accept a request China has so far refused defenders. Association, and Assembly of Expression, Freedom often shot at, beaten and/or detained. China and are met with force, non-violently are Tibetans who protest Tibetans who try to pass information and surveillance of communications, arrests control has increased about human rights violations to people outside Tibet.

24 36 Enforced disappearance Enforced disappearances in Tibet between November 2012 and April 41 documented cases of enforced were There who have criticised the government’s a wide range of backgrounds 2014. These include individuals from is no arbitrary detention or forced policies. During its 2013 UPR session, China stated that “There disappearance in China.” Arbitrary Detention Tibetans in violation of international law. that are or on charges often detained under no charge, Tibetans are always and, being subject to the Chinese legal system, they are commonly denied legal representation are right to compensation in China for arbitrary detention. is no enforceable denied a fair trial. There Detrimental Chinese law and policy Republic of – Article 293(2) of the Criminal Law People’s Trouble and Provoking Picking Quarrels human rights defenders. used to targeted law frequently China. A broad for the criminal conviction of human rights grounds Splittism, Endangering State Security – Frequent defenders. e.g. legal education, patriotic psychiatric detention Administrative detention – the names vary, the criminal justice system and deny used to circumvent frequently etc., but administrative detentions are of law. victim due process with, among Law of the PRC – permits detention people charged Article 73 of Criminal Procedure for their without notifying their family of location or reason other things, endangering state security, detention.

25 China does not recognise the existence of China does not recognise human rights defenders in its constitution. Chinese Constitution 41 , equality between nationalities, 43 42 40 and the return of His Holiness the Dalai and the return Lama to Tibet.” The Special Rapporteur on Human Rights a visit in 2008, and Defenders requested in 2010 – request sent a reminder pending. February 2017: A group of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan linguistic rights Wangchuk, activist. of Special December 2017: A group of opinion and Rapporteurs (freedom human rights defenders; expression; or belief) raised of religion freedom of Ms. concerns about the treatment Nyima Lhamo, Ms. Dolkar Lhamo and the monks and local people in Lithang Delek Nyakchuka in the wake of Tenzin death in Chinese custody” Rinpoche’s June 2013: The UN Special Rapporteurs of for Arbitrary detention; Freedom of Peaceful Freedom Expression; Assembly and of Association, Human concern Rights Defenders expressed and sentencing of Mr about the arrest Dorje, a Tibetan student who Wangchuk in November 2012 lead a peaceful protest to study the Tibetan calling for “freedom language of UN Special February 2018: A group of Rapporteurs (cultural rights; freedom human rights opinion and expression; defenders; minority issues; racism; and the on Arbitrary Detention) Group The Working concerns over the continued reiterated who is an Wangchuk, detention of Tashi advocate for the linguistic and cultural rights of the Tibetan people. of UN Special July 2018: A group of opinion and Rapporteurs (freedom rights to peaceful assembly expression; and association; human rights defenders; rights of indigenous peoples; minority of human rights and issues; and protection while countering fundamental freedoms raised concerns about alleged terrorism) Dolkun Isa and the against Mr. reprisals Peoples for his Society for Threatened engagement with UN human rights bodies. UN Special Procedures The 38 39 37 CESCR 2014 the State party to “The Committee urges human rights and labour activists, protect as well their lawyers, against any form for or retaliation of intimidation, threat taking up cases of violations economic, full social and cultural rights, to ensure for their own economic, social and respect cultural rights.” CERD 2018 of Human Rights Defenders Protections that China The Committee recommended to provide take “all necessary measures for those working to a safe environment human rights.” and promote protect Committee also recommended that China Committee also recommended that its laws and regulations… “ensure an open space for civil society provide and specifically for non-governmental working to combat racial organisations discrimination.” UN Human Rights Treaty Bodies UN Human Rights Treaty Universal Periodic Review to A – 28.206 Consider further measures for journalists a safe environment ensure and other civil society actors to carry out their work (Greece); implemented) – 28.207 A (and already of opinion and Guarantee freedom an to create enhancing efforts expression, in which journalists, environment human rights defenders and NGOs can freely with internationaloperate in accordance (Italy); standards implemented) – 28.208 A (and already for freedom and guarantee respect Protect in particular of information and expression, by journalists, bloggers and human rights defenders (Luxembourg); A – 28.210 Continue ensuring the legal non– of activity by foreign protection for as provided governmental organizations, law (Russian Federation); by the relevant A – 28.211 Expand the list of professional supervisory units to accommodate of non–governmentalthe registration that seek to work in China organizations (Denmark); implemented) – 28.334 A (and already and maintain a safe enabling Create for all human rights defenders environment (Norway); implemented) – 28.335 A (and already human Apply public policies to protect rights defenders in line with international (Spain); standards implemented) – 28.339 A (and already Enable all members of civil society to freely engage with international human rights mechanisms without fear of intimidation (Estonia); and reprisals implemented) – 28.341 A (and already a to provide Adopt the necessary measures for those who work on the safe environment of human rights, and promotion protection including human rights defenders and journalists, and investigate punish all acts of violence against them (Argentina); implemented) – 28.342 A (and already that human rights defenders can Ensure conduct their work without being subjected to harassment, intimidation or any kind of (Liechtenstein); reprisals Table 4. Operational space for Human Rights Defenders Table

26 Chinese Constitution the existence of China does not recognise human rights defenders in its constitution. 41 , equality between nationalities, 43 42 40 February 2018: A group of UN Special February 2018: A group of Rapporteurs (cultural rights; freedom human rights opinion and expression; defenders; minority issues; racism; and the on Arbitrary Detention) Group The Working concerns over the continued reiterated who is an Wangchuk, detention of Tashi advocate for the linguistic and cultural rights of the Tibetan people. of UN Special July 2018: A group of opinion and Rapporteurs (freedom rights to peaceful assembly expression; and association; human rights defenders; rights of indigenous peoples; minority of human rights and issues; and protection while countering fundamental freedoms raised concerns about alleged terrorism) Dolkun Isa and the against Mr. reprisals Peoples for his Society for Threatened engagement with UN human rights bodies. and the return of His Holiness the Dalai and the return Lama to Tibet.” The Special Rapporteur on Human Rights a visit in 2008, and Defenders requested in 2010 – request sent a reminder pending. UN Special Procedures of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan linguistic rights Wangchuk, activist. of Special December 2017: A group of opinion and Rapporteurs (freedom human rights defenders; expression; or belief) raised of religion freedom of Ms. concerns about the treatment Nyima Lhamo, Ms. Dolkar Lhamo and the monks and local people in Lithang Delek Nyakchuka in the wake of Tenzin death in Chinese custody” Rinpoche’s June 2013: The UN Special Rapporteurs of for Arbitrary detention; Freedom of Peaceful Freedom Expression; Assembly and of Association, Human concern Rights Defenders expressed and sentencing of Mr about the arrest Dorje, a Tibetan student who Wangchuk in November 2012 lead a peaceful protest to study the Tibetan calling for “freedom language The 38 39 37 UN Human Rights Treaty Bodies UN Human Rights Treaty CESCR 2014 the State party to “The Committee urges human rights and labour activists, protect as well their lawyers, against any form for or retaliation of intimidation, threat taking up cases of violations economic, full social and cultural rights, to ensure for their own economic, social and respect cultural rights.” CERD 2018 of Human Rights Defenders Protections that China The Committee recommended to provide take “all necessary measures for those working to a safe environment human rights.” and promote protect Committee also recommended that China Committee also recommended that its laws and regulations… “ensure an open space for civil society provide and specifically for non-governmental working to combat racial organisations discrimination.” Effective measures are taken to prevent attacks on or harassment of human rights defenders, including swift, independent and effective investigation of such acts, and attacks on or harassment of human rights defenders, including swift, independent and effective taken to prevent are measures Effective of accused perpetrators prosectution human rights standards in Tibet conforms with internationally recognised of association, peaceful assembly and expression Legislation on freedom to be investigated by an independent body required are and all allegations of torture is prohibited Torture allowed to supervise prisons and detention facilities party (United Nations, NGOs) are Independent third and enforced both recognized against self-incrimination are of innocence and the prohibition The right to the presumption provided violated are are for those whose rights and freedoms remedies and effective strengthened The judicial systems are unpopular clients is prohibited The punishment of lawyers for representing as evidenced by the judiciary making politically unpopular decisions The judiciary is able to operate independently, visit Tibet. UN Special Rapporteur for Human Rights Defenders is allowed to of Tibet. UN Commissioner for Human Rights is allowed to visit and granted full access all areas extended to Tibetans. China ratifies the Internationalare Covenant on Civil and Political Rights (ICCPR), ensuring its protections Effective measures have been taken to protect, promote and respect human rights defenders and their activities, enabling such individuals, groups and associations to freely human rights defenders and their activities, enabling such individuals, groups and respect promote have been taken to protect, measures Effective could include: carry out their work. Such measures • • • • • • • • • • • Outcome Indicators • Universal Periodic Review to A – 28.206 Consider further measures for journalists a safe environment ensure and other civil society actors to carry out their work (Greece); implemented) – 28.207 A (and already of opinion and Guarantee freedom an to create enhancing efforts expression, in which journalists, environment human rights defenders and NGOs can freely with internationaloperate in accordance (Italy); standards implemented) – 28.208 A (and already for freedom and guarantee respect Protect in particular of information and expression, by journalists, bloggers and human rights defenders (Luxembourg); A – 28.210 Continue ensuring the legal non– of activity by foreign protection for as provided governmental organizations, law (Russian Federation); by the relevant A – 28.211 Expand the list of professional supervisory units to accommodate of non–governmentalthe registration that seek to work in China organizations (Denmark); implemented) – 28.334 A (and already and maintain a safe enabling Create for all human rights defenders environment (Norway); implemented) – 28.335 A (and already human Apply public policies to protect rights defenders in line with international (Spain); standards implemented) – 28.339 A (and already Enable all members of civil society to freely engage with international human rights mechanisms without fear of intimidation (Estonia); and reprisals implemented) – 28.341 A (and already a to provide Adopt the necessary measures for those who work on the safe environment of human rights, and promotion protection including human rights defenders and journalists, and investigate punish all acts of violence against them (Argentina); implemented) – 28.342 A (and already that human rights defenders can Ensure conduct their work without being subjected to harassment, intimidation or any kind of (Liechtenstein); reprisals

27 Article 38 – The personal dignity of citizens Republic of China is of the People’s inviolable. Insult, libel, false accusation or against citizens false incrimination directed by any means is prohibited. Chinese Constitution 45 44 December 2017: A group of Special December 2017: A group of opinion and Rapporteurs (freedom human rights defenders; expression; or belief) raised of religion freedom of Ms. concerns about the treatment Nyima Lhamo, Ms. Dolkar Lhamo and the monks and local people in Lithang Delek Nyakchuka in the wake of Tenzin death in Chinese custody” Rinpoche’s UN Special Procedures of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan linguistic rights Wangchuk, activist. UN Human Rights Treaty Bodies UN Human Rights Treaty of UN Special January 2018: A group of opinion and Rapporteurs (freedom human rights defenders; expression; independence of judges and lawyers; on Arbitrary Group and the Working concerns at “the Detention) expressed warrant the lack of arrest arbitrary arrest, and the incommunicado detention of Mr. Jianghua Zhen, as well at his lack of Zhen is a human Mr. access to a lawyer.” serving as the executive rights defender, of the Human Rights Campaign direction that campaigns in China, “an organization human rights defenders and for arrested helps victims of human rights violations to and publicize their experiences.” record of UN Special April 2018: A group of opinion; human Rapporteurs (freedom rights defenders; independence of judges Group and lawyers, the Working on the issue of human rights) raised concerns about the arbitrary detention of and the disbarment Chen Wuquan, Mr. human rights Sui Muqing. Both are of Mr. detention Sui Muqing’s lawyers, and Mr. in a 2015 addressed was previously communication. Universal Periodic Review implemented) – 28.152 A (and already to protect that any legal provision Ensure national security is clearly and strictly defined in its security laws, conformity with international human rights law and (Belgium); standards implemented) – 28.171 A (and already Respect the rights of all detainees under human rights instruments the relevant and the Vienna Convention on Law of (Sweden); including due process Treaties, implemented) – 28.216 A (and already of lawyers Guarantee the protection against any form of harassment, violence with the or attempts to impede interfere with defence of their clients, in accordance national law (Finland); implemented) – 28.218 A (and already Guarantee fair trials; allow all defendants access to their chosen unhindered notification of their lawyers, prompt legal procedures families and transparent (Germany); openness A – 28.221 Continue to promote of the judicial system and fully use four major platforms for the openness trial procedure, process, of the approval judgment documents and information on the execution of judgments (Kyrgyzstan); implemented) – 28.337 A (and already to guarantee the necessary measures Take that human rights defenders can exercise and peaceful of expression their freedom association (Belgium); implemented) – 28.338 A (and already of the Guarantee the full exercise of association and expression freedoms of human rights defenders and minorities, with international human in accordance rights law (Costa Rica); implemented) – 28.340 A (and already immediate action to allow human Take rights defenders and lawyers to exercise and of expression their right to freedom harassment or opinion without threats, (Ireland); repercussions Table 5. Criminalisation of Human Rights Defenders Table

28 Chinese Constitution Article 38 – The personal dignity of citizens Republic of China is of the People’s inviolable. Insult, libel, false accusation or against citizens false incrimination directed by any means is prohibited. 45 44 December 2017: A group of Special December 2017: A group of opinion and Rapporteurs (freedom human rights defenders; expression; or belief) raised of religion freedom of Ms. concerns about the treatment Nyima Lhamo, Ms. Dolkar Lhamo and the monks and local people in Lithang Delek Nyakchuka in the wake of Tenzin death in Chinese custody” Rinpoche’s UN Special Procedures of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan linguistic rights Wangchuk, activist. UN Human Rights Treaty Bodies UN Human Rights Treaty of UN Special January 2018: A group of opinion and Rapporteurs (freedom human rights defenders; expression; independence of judges and lawyers; on Arbitrary Group and the Working concerns at “the Detention) expressed warrant the lack of arrest arbitrary arrest, and the incommunicado detention of Mr. Jianghua Zhen, as well at his lack of Zhen is a human Mr. access to a lawyer.” serving as the executive rights defender, of the Human Rights Campaign direction that campaigns in China, “an organization human rights defenders and for arrested helps victims of human rights violations to and publicize their experiences.” record of UN Special April 2018: A group of opinion; human Rapporteurs (freedom rights defenders; independence of judges Group and lawyers, the Working on the issue of human rights) raised concerns about the arbitrary detention of and the disbarment Chen Wuquan, Mr. human rights Sui Muqing. Both are of Mr. detention Sui Muqing’s lawyers, and Mr. in a 2015 addressed was previously communication. Evidence of the implementation of protective measures to ensure Tibetan HRDs are free from arrest and harassment. arrest from free Tibetan HRDs are to ensure measures Evidence of the implementation protective and impartial investigation of all violations, including false accusations, against Tibetan thorough Evidence of prompt, HRDs. Tibetan HRDs without harassment. able to represent Civil rights lawyers are with the crime of “leaking state secrets” in number of Tibetans being charged Evidence of a substantial decrease and “splittism”. are Ratification of the International Covenant on Civil and Political Rights (ICCPR), with guarantees that its protections extended to Tibetans. Outcome Indicators • • • • • Universal Periodic Review implemented) – 28.152 A (and already to protect that any legal provision Ensure national security is clearly and strictly defined in its security laws, conformity with international human rights law and (Belgium); standards implemented) – 28.171 A (and already Respect the rights of all detainees under human rights instruments the relevant and the Vienna Convention on Law of (Sweden); including due process Treaties, implemented) – 28.216 A (and already of lawyers Guarantee the protection against any form of harassment, violence with the or attempts to impede interfere with defence of their clients, in accordance national law (Finland); implemented) – 28.218 A (and already Guarantee fair trials; allow all defendants access to their chosen unhindered notification of their lawyers, prompt legal procedures families and transparent (Germany); openness A – 28.221 Continue to promote of the judicial system and fully use four major platforms for the openness trial procedure, process, of the approval judgment documents and information on the execution of judgments (Kyrgyzstan); implemented) – 28.337 A (and already to guarantee the necessary measures Take that human rights defenders can exercise and peaceful of expression their freedom association (Belgium); implemented) – 28.338 A (and already of the Guarantee the full exercise of association and expression freedoms of human rights defenders and minorities, with international human in accordance rights law (Costa Rica); implemented) – 28.340 A (and already immediate action to allow human Take rights defenders and lawyers to exercise and of expression their right to freedom harassment or opinion without threats, (Ireland); repercussions

29 Article 37 – Freedom of the person Article 37 – Freedom Republic of China citizens of the People’s is inviolable. except with No citizen may be arrested or by decision of a people’s the approval or by decision of a people’s procuratorate must be made by a court, and arrests public security organ. Unlawful detention or deprivation of the of citizens’ freedom restriction and person by other means is prohibited, of the person citizens is unlawful search prohibited. of citizens Article 39 – The residences Republic of China are of the People’s of, or intrusion inviolable. Unlawful search is prohibited. residence into, a citizen’s Chinese Constitution 51

50 49 November 2011: A group of UN experts November 2011: A group of Religion or Belief, Rights ( Freedom of Peaceful Assembly and to Freedom of Opinion and Association, Freedom or Involuntary Enforced Expression, Disappearances, Arbitrary Detention and Minority Issues) raised concern in the over crackdown and restrictions Tibetan Buddhist Kirti monastery and the area. surrounding February 2017: A group of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan language rights Wangchuk, activist. February 2014: The Special Rapporteurs on Arbitrary Detention; Cultural Rights; of Expression; Disappearances; Freedom of Peaceful Assembly and Freedom of Religion; and Association; Freedom Minority Issues send China a joint urgent information on the appeal requesting and condition of ten Tibetan whereabouts musicians believed to be in arbitrary detention. the UN Special from A visit request Rapporteur on Arbitrary Detention is outstanding. Continued on next page UN Special Procedures 47 48 CRC 2013 “35. The Committee is…further of detention concerned about reports and imprisonment of Tibetan children accused of “inciting” self-immolations, and of harassment intimidation of families victims, which could exacerbate the situation and lead to more self-immolations. The Committee urges the State party to engage in a genuine and religious dialogue with children, community leaders in Tibet Autonomous to halt self-immolations Region in an effort right to life, the inherent and protect survival and development of all Tibetan recommends It specifically children. that the State party:…(c) Refrain from and detaining Tibetan children arresting that and implementing security measures may exacerbate the situation, and ensure or sentenced for arrested that children “instigating” or “inciting” self-immolation can gain full access to their right legal aid and fair trial.” CERD 2018 that China The Committee recommended “[h]alt the practice of detaining individuals tried who have not been lawfully charged, in and convicted for a criminal offence any extra-legal detention facilities” and “[i] individuals currently mmediately release detained under these circumstances, held to seek and allow those wrongfully redress.” UN Human Rights Treaty Bodies UN Human Rights Treaty 46 Universal Periodic Review China did not accept any of the arbitrary regarding recommendations detentions during this UPR cycle. China as is no such problem stated, “There arbitrary detention.” Table 6. Arbitrary Detention Table

30 Chinese Constitution of the person Article 37 – Freedom Republic of China citizens of the People’s is inviolable. except with No citizen may be arrested or by decision of a people’s the approval or by decision of a people’s procuratorate must be made by a court, and arrests public security organ. Unlawful detention or deprivation of the of citizens’ freedom restriction and person by other means is prohibited, of the person citizens is unlawful search prohibited. of citizens Article 39 – The residences Republic of China are of the People’s of, or intrusion inviolable. Unlawful search is prohibited. residence into, a citizen’s 51

50 49 November 2011: A group of UN experts November 2011: A group of Religion or Belief, Rights ( Freedom of Peaceful Assembly and to Freedom of Opinion and Association, Freedom or Involuntary Enforced Expression, Disappearances, Arbitrary Detention and Minority Issues) raised concern in the over crackdown and restrictions Tibetan Buddhist Kirti monastery and the area. surrounding UN Special Procedures of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan language rights Wangchuk, activist. February 2014: The Special Rapporteurs on Arbitrary Detention; Cultural Rights; of Expression; Disappearances; Freedom of Peaceful Assembly and Freedom of Religion; and Association; Freedom Minority Issues send China a joint urgent information on the appeal requesting and condition of ten Tibetan whereabouts musicians believed to be in arbitrary detention. the UN Special from A visit request Rapporteur on Arbitrary Detention is outstanding. Continued on next page 47 48 UN Human Rights Treaty Bodies UN Human Rights Treaty CRC 2013 “35. The Committee is…further of detention concerned about reports and imprisonment of Tibetan children accused of “inciting” self-immolations, and of harassment intimidation of families victims, which could exacerbate the situation and lead to more self-immolations. The Committee urges the State party to engage in a genuine and religious dialogue with children, community leaders in Tibet Autonomous to halt self-immolations Region in an effort right to life, the inherent and protect survival and development of all Tibetan recommends It specifically children. that the State party:…(c) Refrain from and detaining Tibetan children arresting that and implementing security measures may exacerbate the situation, and ensure or sentenced for arrested that children “instigating” or “inciting” self-immolation can gain full access to their right legal aid and fair trial.” CERD 2018 that China The Committee recommended “[h]alt the practice of detaining individuals tried who have not been lawfully charged, in and convicted for a criminal offence any extra-legal detention facilities” and “[i] individuals currently mmediately release detained under these circumstances, held to seek and allow those wrongfully redress.” 46 52 No more cases of arbitrary arrests, or arbitrary deprivation of liberty (including post-trial detentions) of Tibetans are or arbitrary deprivation of liberty (including post-trial detentions) Tibetans are cases of arbitrary arrests, No more reported. extended are China ratifies the International Covenant on Civil and Political Rights (ICCPR), ensuring its protections to Tibetans. of on Arbitrary Detention is allowed to carry out a full investigation in Tibet with access all areas Group UN Working and TAPs. TAR Outcome Indicators • • • Universal Periodic Review China did not accept any of the arbitrary regarding recommendations detentions during this UPR cycle. China as is no such problem stated, “There arbitrary detention.”

31 UN Special Procedures UN Special Procedures August 2017: journalist, and one Gyal, a former political prisoner, on arbitrary detention adopted opinions Tsegon 11 August: The working group representation, legal who has been held incommunicado without access to his family, of the first Tibetans to work in law enforcement, violated his rights and treatment Gyal’s adapted the opinion that Tsegon or a court hearing since December 2016. The working group him with a right to compensation. Gyal and provide Mr. that the governmentinternational release law and requested https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session78/A_HRC_WGAD_2017_4.pdf a Tibetan linguistic rights Wangchuk, on Arbitrary Detention adopted opinions concerning Tashi December 2017: The working group detention and deprivation of Wangchuk’s concern about Mr. expressed Group activist imprisoned since January 2016. The Working was being held in Tibet, Wanghuck 2017, stating that Mr. on 27 March rights on 10 February 2017, and the Chinese government replied against the accused to his brought its finding that “any change to the charges reiterated Group and his case was ongoing. The Working and 11 of the Universal Declaration Human Rights”. The Working or her disadvantage constitutes a clear violation of articles 9, 10, detention. Wangchuk’s found that no legal basis has been established for Mr. Group https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session80/A_HRC_WGAD_2017_69_EN.docx of on Arbitrary Detention along with UN Special Rapporteurs cultural rights; freedom Group February 2018: The UN Working on the situation of human rights defenders; minority issues; and racism sent a follow-up communication opinion and expression; of Intermediate Court upheld the charges after the Yushu Wangchuk to the Chinese government on the continued detention of Tashi as well of expression of his freedom Wangchuk by Mr. “incitement of separatism” on 4 January 2018. This “criminalizes the exercise of the linguistic and cultural rights Tibetan in particular on issues pertaining to the protection as his human rights advocacy, “further non-discrimination in education.” This communication expressed from minority…and their human rights such as protection concern internal that the legal basis for [the] conviction is incompatible with human rights norms and standards.” https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23653 the Chinese government. to date from has been no response There on Arbitrary Group of opinion; human rights defenders; and the Working of UN Special Rapporteurs (freedom 2018: A group March along with Wensheng, Yu against human rights defender Mr. detention, and charges concerns about the arrest, Detention) expressed cases, is a human rights lawyer who known for taking high profile Wensheng Yu Mr. his denial of access to lawyers and family. including that of another human rights lawyer who has been detained for over three years. August 2018: on Arbitrary Detention along with UN Special Rapporteurs minority issues; racism; and religion Group 6 - The UN Working concerns in a communication to the Chinese governmentexpressed over “the policies and legislation of a two-track passport system, application process, to an onerous in the Tibet Autonomous Region, Qinghai, Sichuan and Yunnan, which subjects Tibetans residing family home purposes, and leaving them at risk of police investigations, interrogations, travel for religious them from restricting and arbitrary detention.” searches https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23994 the Chinese government. to date from has been no response There or Involuntary Disappearances along with UN Special on Arbitrary Detention and Enforced Groups 24 – The UN Working of peaceful assembly and association; on enjoyment physical on freedom of opinion and expression; Rapporteurs on freedom and on torture and mental health; on human rights defenders; the independence of judges lawyers; privacy; terrorism; raised concerns in a communication to the Chinese government on the use of “Residential Surveillance in a Designated Location periods without disclosing their (RSDL),” which places “individuals under incommunicado detention for investigation prolonged for subjecting journalists used as a legal ground and human rights defenders to RSDL ”appears to be increasingly whereabouts.” disappearances.” enforced https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23997 the Chinese government. to date from has been no response There submitted a written statement to the Human Rights Council on an agenda item for its 39th Against Torture Organisation 31: The World by the session in September 2018, raising concerns

32 UN Special Procedures UN Special Procedures August 2017: journalist, and one Gyal, a former political prisoner, on arbitrary detention adopted opinions Tsegon 11 August: The working group representation, legal who has been held incommunicado without access to his family, of the first Tibetans to work in law enforcement, violated his rights and treatment Gyal’s adapted the opinion that Tsegon or a court hearing since December 2016. The working group him with a right to compensation. Gyal and provide Mr. that the governmentinternational release law and requested https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session78/A_HRC_WGAD_2017_4.pdf a Tibetan linguistic rights Wangchuk, on Arbitrary Detention adopted opinions concerning Tashi December 2017: The working group detention and deprivation of Wangchuk’s concern about Mr. expressed Group activist imprisoned since January 2016. The Working was being held in Tibet, Wanghuck 2017, stating that Mr. on 27 March rights on 10 February 2017, and the Chinese government replied against the accused to his brought its finding that “any change to the charges reiterated Group and his case was ongoing. The Working and 11 of the Universal Declaration Human Rights”. The Working or her disadvantage constitutes a clear violation of articles 9, 10, detention. Wangchuk’s found that no legal basis has been established for Mr. Group https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session80/A_HRC_WGAD_2017_69_EN.docx of on Arbitrary Detention along with UN Special Rapporteurs cultural rights; freedom Group February 2018: The UN Working on the situation of human rights defenders; minority issues; and racism sent a follow-up communication opinion and expression; of Intermediate Court upheld the charges after the Yushu Wangchuk to the Chinese government on the continued detention of Tashi as well of expression of his freedom Wangchuk by Mr. “incitement of separatism” on 4 January 2018. This “criminalizes the exercise of the linguistic and cultural rights Tibetan in particular on issues pertaining to the protection as his human rights advocacy, “further non-discrimination in education.” This communication expressed from minority…and their human rights such as protection concern internal that the legal basis for [the] conviction is incompatible with human rights norms and standards.” https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23653 the Chinese government. to date from has been no response There on Arbitrary Group of opinion; human rights defenders; and the Working of UN Special Rapporteurs (freedom 2018: A group March along with Wensheng, Yu against human rights defender Mr. detention, and charges concerns about the arrest, Detention) expressed cases, is a human rights lawyer who known for taking high profile Wensheng Yu Mr. his denial of access to lawyers and family. including that of another human rights lawyer who has been detained for over three years. August 2018: on Arbitrary Detention along with UN Special Rapporteurs minority issues; racism; and religion Group 6 - The UN Working concerns in a communication to the Chinese governmentexpressed over “the policies and legislation of a two-track passport system, application process, to an onerous in the Tibet Autonomous Region, Qinghai, Sichuan and Yunnan, which subjects Tibetans residing family home purposes, and leaving them at risk of police investigations, interrogations, travel for religious them from restricting and arbitrary detention.” searches https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23994 the Chinese government. to date from has been no response There or Involuntary Disappearances along with UN Special on Arbitrary Detention and Enforced Groups 24 – The UN Working of peaceful assembly and association; on enjoyment physical on freedom of opinion and expression; Rapporteurs on freedom and on torture and mental health; on human rights defenders; the independence of judges lawyers; privacy; terrorism; raised concerns in a communication to the Chinese government on the use of “Residential Surveillance in a Designated Location periods without disclosing their (RSDL),” which places “individuals under incommunicado detention for investigation prolonged for subjecting journalists used as a legal ground and human rights defenders to RSDL ”appears to be increasingly whereabouts.” disappearances.” enforced https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23997 the Chinese government. to date from has been no response There submitted a written statement to the Human Rights Council on an agenda item for its 39th Against Torture Organisation 31: The World by the session in September 2018, raising concerns about a “crackdown on peaceful dissent and arbitr

33 Article 35 – Citizens of the People’s Article 35 – Citizens of the People’s of speech, Republic of China enjoy freedom of association, of assembly, of the press, and of demonstration. procession and privacy of Article 40 – Freedom of citizens the People’s correspondence by law. protected Republic of China are on any or individual may, No organization and infringe upon citizens’ freedom ground, except in cases privacy of correspondence, to meet the needs of state security where, or of criminal investigation, public security permitted to are organs or procuratorial with in accordance censor correspondence by law. prescribed procedures Article 41 – Citizens of the People’s Republic of China have the right to criticize any state and make suggestions regarding Citizens have the right or functionary. organ complaints state organs to make relevant of, any against, or exposures or charges or functionary for violation of state organ of duty; but fabrication the law or dereliction or distortion of facts for purposes libel or false incrimination is prohibited. concerned must deal The state organ or exposures with complaints, charges manner made by citizens in a responsible after ascertaining the facts. No one may such complaints, charges suppress against the or retaliate and exposures citizens making them. Citizens who have of infringement losses as a result suffered or of their civic rights by any state organ functionary have the right to compensation with the law. in accordance Chinese Constitution 55 , equality between nationalities, 56 54 and the return of His Holiness the Dalai and the return Lama to Tibet. UN Special Rapporteur on Freedom of Peaceful Association and Assembly a visit in 2011, and sent requested on 30 Oct. 2013 – request reminder pending. February 2017: A group of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan linguistic rights Wangchuk, activist. of Special December 2017: A group of opinion and Rapporteurs (freedom human rights defenders; expression; or belief) raised of religion freedom of Ms. concerns about the treatment Nyima Lhamo, Ms. Dolkar Lhamo and the monks and local people in Lithang Delek Nyakchuka in the wake of Tenzin death in Chinese custody” Rinpoche’s June 2013: The UN Special Rapporteurs of for Arbitrary detention; Freedom of Peaceful Freedom Expression; Assembly and of Association, Human concern Rights Defenders expressed and sentencing of Mr about the arrest Dorje, a Tibetan student who Wangchuk in November 2012 lead a peaceful protest to study the Tibetan calling for “freedom language UN Special Procedures 53 CRC Session 64 “43. The Committee is deeply concerned practice reported about the frequently of children and ill-treatment of torture and ethnic groups certain religious from their in mainland China for exercising of religion, fundamental rights to freedom notably Tibetan assembly and expression, Committee and Uighur children…the the State party to: (a) urges strongly Immediately carry out an independent and inquiry into all alleged cases of torture and publicly report of children ill-treatment that all those on those cases; (b) Ensure condoning or who have been ordering, facilitating these practices at all levels of to justice and decision-making be brought be punished with penalties commensurate with the gravity of their crimes; (c) Ensure who have been victims of that children obtain redress and ill-treatment torture including and adequate reparation, and physical and psychological recovery guarantees of non-repetition.” UN Human Rights Treaty Bodies UN Human Rights Treaty Universal Periodic Review necessary A – 28.199 Expedite the reforms to be fully of expression for freedom in law and practice (Australia); protected and ensure A – 28.200 Respect, protect of all citizens of expression the freedom (Norway); implemented) – 28.201 A (and already of on freedom Remove restrictions including freedom, and press expression not in accordance on the Internet, that are with international law (Sweden); A – 28.202 Punish online criminal activities to the existing law (Cambodia); according implemented) – 28.205 A (and already of expression, Guarantee freedom assembly and association including in obstacles to Hong Kong, and remove of information on the Internet, freedom in particular for human rights defenders (France); Accepted and already does not affect implemented. This reply the consistent position of Chinese government on “human rights defenders”. the lawful rights and laws protect China’s of all citizens as equals. This reply interests also applies to other recommendations concerning “human rights defenders”. Table 7. Freedom of Expression, Association and Assembly of Expression, 7. Freedom Table

34 Chinese Constitution Article 35 – Citizens of the People’s of speech, Republic of China enjoy freedom of association, of assembly, of the press, and of demonstration. procession and privacy of Article 40 – Freedom of citizens the People’s correspondence by law. protected Republic of China are on any or individual may, No organization and infringe upon citizens’ freedom ground, except in cases privacy of correspondence, to meet the needs of state security where, or of criminal investigation, public security permitted to are organs or procuratorial with in accordance censor correspondence by law. prescribed procedures Article 41 – Citizens of the People’s Republic of China have the right to criticize any state and make suggestions regarding Citizens have the right or functionary. organ complaints state organs to make relevant of, any against, or exposures or charges or functionary for violation of state organ of duty; but fabrication the law or dereliction or distortion of facts for purposes libel or false incrimination is prohibited. concerned must deal The state organ or exposures with complaints, charges manner made by citizens in a responsible after ascertaining the facts. No one may such complaints, charges suppress against the or retaliate and exposures citizens making them. Citizens who have of infringement losses as a result suffered or of their civic rights by any state organ functionary have the right to compensation with the law. in accordance 55 , equality between nationalities, 56 54 and the return of His Holiness the Dalai and the return Lama to Tibet. UN Special Rapporteur on Freedom of Peaceful Association and Assembly a visit in 2011, and sent requested on 30 Oct. 2013 – request reminder pending. UN Special Procedures of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan linguistic rights Wangchuk, activist. of Special December 2017: A group of opinion and Rapporteurs (freedom human rights defenders; expression; or belief) raised of religion freedom of Ms. concerns about the treatment Nyima Lhamo, Ms. Dolkar Lhamo and the monks and local people in Lithang Delek Nyakchuka in the wake of Tenzin death in Chinese custody” Rinpoche’s June 2013: The UN Special Rapporteurs of for Arbitrary detention; Freedom of Peaceful Freedom Expression; Assembly and of Association, Human concern Rights Defenders expressed and sentencing of Mr about the arrest Dorje, a Tibetan student who Wangchuk in November 2012 lead a peaceful protest to study the Tibetan calling for “freedom language 53 UN Human Rights Treaty Bodies UN Human Rights Treaty CRC Session 64 “43. The Committee is deeply concerned practice reported about the frequently of children and ill-treatment of torture and ethnic groups certain religious from their in mainland China for exercising of religion, fundamental rights to freedom notably Tibetan assembly and expression, Committee and Uighur children…the the State party to: (a) urges strongly Immediately carry out an independent and inquiry into all alleged cases of torture and publicly report of children ill-treatment that all those on those cases; (b) Ensure condoning or who have been ordering, facilitating these practices at all levels of to justice and decision-making be brought be punished with penalties commensurate with the gravity of their crimes; (c) Ensure who have been victims of that children obtain redress and ill-treatment torture including and adequate reparation, and physical and psychological recovery guarantees of non-repetition.” Crackdowns on peaceful assembly, association and expression in Tibet end. No further incidents are reported. in Tibet end. No further incidents are association and expression Crackdowns on peaceful assembly, as guaranteed in the Chinese protected, of Tibetans are and privacy of correspondence of expression Freedom Constitution. non-violently without detrimental consequence able to assemble and protest Tibetans are or self- issues in Tibet – either officially that speaks critically of current Tibetan writers can openly publish literature published – without punishment extended are China ratifies the International Covenant on Civil and Political Rights (ICCPR), ensuring its protections to Tibetans. of Peaceful Assembly and Association is allowed to visit Tibet. UN Special Rapporteur on the rights to freedom Outcome Indicators • • • • • • Universal Periodic Review necessary A – 28.199 Expedite the reforms to be fully of expression for freedom in law and practice (Australia); protected and ensure A – 28.200 Respect, protect of all citizens of expression the freedom (Norway); implemented) – 28.201 A (and already of on freedom Remove restrictions including freedom, and press expression not in accordance on the Internet, that are with international law (Sweden); A – 28.202 Punish online criminal activities to the existing law (Cambodia); according implemented) – 28.205 A (and already of expression, Guarantee freedom assembly and association including in obstacles to Hong Kong, and remove of information on the Internet, freedom in particular for human rights defenders (France); Accepted and already does not affect implemented. This reply the consistent position of Chinese government on “human rights defenders”. the lawful rights and laws protect China’s of all citizens as equals. This reply interests also applies to other recommendations concerning “human rights defenders”.

35 There is nothing in the Chinese There constitution that explicitly references disappearance. enforced Chinese Constitution 58 57 Request for a visit made by Working Request for a visit made by Working Disappearances on 19 on Enforced Group pending. February 2013 – request of UN Special June 2018: A group Rapporteurs (human rights defenders, on Groups along with the UN Working or arbitrary detention and enforced involuntary disappearances) expressed concern about the deteriorating health, of poet and and freedom whereabouts, human rights defender Mrs. Liu Xia, held in an unknown location. of UN Special 24 August 2018: A group of opinion and Rapporteurs (freedom of peaceful assembly freedom expression; and association; enjoyment of physical mental health; human rights defenders; independence of judges and lawyers; and the Working torture; privacy; terrorism; on Arbitrary Detention and Groups or Involuntary Disappearances) Enforced raised concerns on the use of “Residential Surveillance in a Designated Location (RSDL),” which places “individuals under incommunicado detention for investigation periods without disclosing for prolonged RSDL ”appears to their whereabouts.” for used as a legal ground be increasingly subjecting journalists and human rights disappearances.” defenders to enforced UN Special Procedures of UN 1 November 2011 – A group experts, including the Special Rapporteur of Religion or Belief, Special on Freedom Rapporteur on the Rights to Freedom of Peaceful Assembly and Association, The UN Special Rapporteur on the Right of Opinion and Expression, to Freedom of the Working Chair-Rapporteur or Involuntary on Enforced Group on Group Disappearances , Working Chair- Arbitrary Detention, the Group’s Independent Expert on Rapporteur, minority issues, raised concern over in the crackdown and restrictions Tibetan Buddhist Kirti monastery and the area. surrounding UN Human Rights Treaty Bodies UN Human Rights Treaty body have been no treaty There specifically to enforced relating reviews disappearances. Universal Periodic Review relating no recommendations were There disappearances. specifically to enforced Table 8. Enforced Disappearance 8. Enforced Table

36 Chinese Constitution is nothing in the Chinese There constitution that explicitly references disappearance. enforced 58 57 UN Special Procedures of UN 1 November 2011 – A group experts, including the Special Rapporteur of Religion or Belief, Special on Freedom Rapporteur on the Rights to Freedom of Peaceful Assembly and Association, The UN Special Rapporteur on the Right of Opinion and Expression, to Freedom of the Working Chair-Rapporteur or Involuntary on Enforced Group on Group Disappearances , Working Chair- Arbitrary Detention, the Group’s Independent Expert on Rapporteur, minority issues, raised concern over in the crackdown and restrictions Tibetan Buddhist Kirti monastery and the area. surrounding Request for a visit made by Working Disappearances on 19 on Enforced Group pending. February 2013 – request of UN Special June 2018: A group Rapporteurs (human rights defenders, on Groups along with the UN Working or arbitrary detention and enforced involuntary disappearances) expressed concern about the deteriorating health, of poet and and freedom whereabouts, human rights defender Mrs. Liu Xia, held in an unknown location. of UN Special 24 August 2018: A group of opinion and Rapporteurs (freedom of peaceful assembly freedom expression; and association; enjoyment of physical mental health; human rights defenders; independence of judges and lawyers; and the Working torture; privacy; terrorism; on Arbitrary Detention and Groups or Involuntary Disappearances) Enforced raised concerns on the use of “Residential Surveillance in a Designated Location (RSDL),” which places “individuals under incommunicado detention for investigation periods without disclosing for prolonged RSDL ”appears to their whereabouts.” for used as a legal ground be increasingly subjecting journalists and human rights disappearances.” defenders to enforced UN Human Rights Treaty Bodies UN Human Rights Treaty body have been no treaty There specifically to enforced relating reviews disappearances. Enforced disappearance of Tibetans due to arrest, detention, abduction or any other form of deprivation liberty by disappearance of Tibetans due to arrest, Enforced reported. Chinese authorities ends. No further cases are of all Tibetans who have been Information is made available to governments and UN bodies about the whereabouts otherwise disappeared. concealed, or are deprived of their liberty, extended are China ratifies the International Covenant on Civil and Political Rights (ICCPR), ensuring its protections to Tibetans. Disappearances is allowed to carry out a full investigation in Tibet with access all on Enforced Group UN Working and TAPs. of TAR areas Outcome Indicators • • • • Universal Periodic Review relating no recommendations were There disappearances. specifically to enforced

37 Issue 3 Tibetan Nomads: Non-voluntary Resettlement China risks violating the economic, social and cultural rights of over a third of the Tibetan population (2.3 a third China risks violating the economic, social and cultural rights of over China justifies these various of nomads and rural residents. programs its resettlement million people) through and “Building a New Socialist political control access to resources, policies in terms of the environment, their traditional way of life from settlements, divorced in concrete resettled Countryside”. Tibetans are and livelihoods. Human Rights violated: Right to Housing, Right to Cultural Rights, of Movement Right to Freedom Right to Food Detrimental Chinese law and policy on China of the Special Rapporteur Food, Mr Olivier de Schutter: the 2012 report From “Since 1985, the Chinese authorities have implemented a range of policies in western provinces – Tibet Autonomous Region, Sichuan, Qinghai, Inner Mongolia and Xinjiang and autonomous regions commodification, while at the ostensibly aiming at modernizing the animal husbandry industry towards natural disasters in the lowlands lands and preventing the degradation of pasture same time addressing more other objectives, such as providing of China. In time, these policies have been expanded to include as transportation, schooling and health care, water, comfortable housing and better access to electricity,

38 well as bringing ethnic minorities considered economically backward into the modernization and economic economically backward well as bringing ethnic minorities considered and in the settlement of herdsmen In fact, these policies result development experienced by other regions. in 1985 has been complemented by a range their abandonment of nomadic life. The Grassland Law adopted tuigeng huanlin grass) and animals to grow including tuimu huancao (removing of policies and programmes, Development Strategy ( xibu da kaifa ). These part of the 1999 Western which are farmland to forest), (returning and grazing moratoria degraded pastures such as grazing bans on severely include measures programmes While for the upgrading of degraded pastures. combined with reseeding on medium-degraded pastures, subsidies to buy grain feed (the amount of which was increased receive closures by pasture affected herders in fact led to the slaughter or sale of animal livestock and in August 2011), the programmes most recently policy conducted in the Tibet Autonomous Region abandonment of seasonal migrations. The resettlement a majority of the Tibetan rural or rehousing relocating and is aimed at resettling, has expanded to non-herders, Housing policy that calls for the population into newly built concentrated settlements, under a Comfortable of unsuitable dwellings.” destruction and reconstruction Hukou program One Belt Road Initiative

39 Article 42: Citizens of the People’s Article 42: Citizens of the People’s Republic of China have the right as well various as the duty to work. Through conditions channels, the state creates for employment, enhances occupational working safety and health, improves conditions and, on the basis of expanded for remuneration increases production, Work is a benefits. work and welfare matter of honor for every citizen who is able to work. All working people in state enterprises and in urban rural economic collectives should approach their work as the masters of country socialist The state promotes that they are. labor emulation, and commends model and advanced workers. rewards The state encourages citizens to take The state provides part in voluntary labor. necessary vocational training for citizens employed. they are before Chinese Constitution 63

64 July 2018: A group of UN Special July 2018: A group Rapporteurs (cultural rights and enjoyment of a safe, clean, healthy and sustainable raised concerns about environment) “the rights of Tibetans implicated by the on accessing the Hoh Xil restrictions reserve.” nature Special Rapporteur on the Right to Food, China visit 15-23 December 2010: Recommendation (a) Suspend of the non-voluntary resettlement their traditional from nomadic herders lands and the non-voluntary relocation of other rural programmes or rehousing to allow for meaningful in order residents, consultations to take place with the communities, permitting parties affected to examine all available options, including strategies of sustain sustainable recent pastures. management of marginal The UN Special Rapporteur on Adequate a China visit in 2008 – Housing requested pending. visit request UN Special Procedures 62 59 60 61 CESCR 2014 the State “The Committee urges party to take all necessary measures to immediately halt non-voluntary from of nomadic herders resettlement their traditional lands and non-voluntary programmes or re-housing relocation The Committee for other rural residents. that the State party carry out recommends meaningful consultations with the affected to examine and communities in order evaluate all available options”. CERD 2018 Resettlement and land expropriation that The Committee recommended China fully implement paragraphs 30 and 31 of the 2014 CESCR Concluding resettlement Observations and that where “the authorities work has occurred, with ethnic minority closely and effectively and communities, government officials financial allowances that and provide of living, as an adequate standard ensure measures well as livelihood restoration needed, linguistic and cultural and, where integration assistance.” Hukou that China The Committee recommended to the hukou system that reforms “ensure allow internal migrants, in particular members of ethnic minorities, enjoy the health same work, and social security, and education benefits as long-time urban residents.” Health that China The Committee recommended health to address its efforts “strengthen certain minority disparities affecting including by addressing ethnic groups, the obstacles that hinder their access and adequate health care, to affordable taking into consideration the difficulties posed by their geographical location.” UN Human Rights Treaty Bodies UN Human Rights Treaty Universal Periodic Review A - 28.250 Continue to strengthen including health services in rural areas, services community elder-care (Singapore); implemented) - 28.320 A (and already Respect all the human rights of Tibetan people and other minorities, including the that is safe, importance of an environment clean, healthy and sustainable, which is essential for the enjoyment of many these rights (Switzerland); Table 9: Housing Table

40 Chinese Constitution Article 42: Citizens of the People’s Republic of China have the right as well various as the duty to work. Through conditions channels, the state creates for employment, enhances occupational working safety and health, improves conditions and, on the basis of expanded for remuneration increases production, Work is a benefits. work and welfare matter of honor for every citizen who is able to work. All working people in state enterprises and in urban rural economic collectives should approach their work as the masters of country socialist The state promotes that they are. labor emulation, and commends model and advanced workers. rewards The state encourages citizens to take The state provides part in voluntary labor. necessary vocational training for citizens employed. they are before 63

64 July 2018: A group of UN Special July 2018: A group Rapporteurs (cultural rights and enjoyment of a safe, clean, healthy and sustainable raised concerns about environment) “the rights of Tibetans implicated by the on accessing the Hoh Xil restrictions reserve.” nature UN Special Procedures Special Rapporteur on the Right to Food, China visit 15-23 December 2010: Recommendation (a) Suspend of the non-voluntary resettlement their traditional from nomadic herders lands and the non-voluntary relocation of other rural programmes or rehousing to allow for meaningful in order residents, consultations to take place with the communities, permitting parties affected to examine all available options, including strategies of sustain sustainable recent pastures. management of marginal The UN Special Rapporteur on Adequate a China visit in 2008 – Housing requested pending. visit request 62 59 60 61 UN Human Rights Treaty Bodies UN Human Rights Treaty CESCR 2014 the State “The Committee urges party to take all necessary measures to immediately halt non-voluntary from of nomadic herders resettlement their traditional lands and non-voluntary programmes or re-housing relocation The Committee for other rural residents. that the State party carry out recommends meaningful consultations with the affected to examine and communities in order evaluate all available options”. CERD 2018 Resettlement and land expropriation that The Committee recommended China fully implement paragraphs 30 and 31 of the 2014 CESCR Concluding resettlement Observations and that where “the authorities work has occurred, with ethnic minority closely and effectively and communities, government officials financial allowances that and provide of living, as an adequate standard ensure measures well as livelihood restoration needed, linguistic and cultural and, where integration assistance.” Hukou that China The Committee recommended to the hukou system that reforms “ensure allow internal migrants, in particular members of ethnic minorities, enjoy the health same work, and social security, and education benefits as long-time urban residents.” Health that China The Committee recommended health to address its efforts “strengthen certain minority disparities affecting including by addressing ethnic groups, the obstacles that hinder their access and adequate health care, to affordable taking into consideration the difficulties posed by their geographical location.” Self-governing pasture user groups run by and including local Tibetan nomads. user groups Self-governing pasture of urban markets for Tibetan dairy products. Creation degraded grassland areas. of state funding for Tibetan nomad communities to rehabilitate Provision of veterinary services, pest management, and other linked services as a poverty alleviation in and provision Training and income generation program. and education to Tibetan nomadic communities (via mobile schools clinics), Decentralisation of health care staff. of qualified teachers and healthcare provision The policy to remove Tibetan nomads and rural residents from the grasslands and their homes is suspended. from Tibetan nomads and rural residents The policy to remove implemented that support the Tibetan nomads in their lifestyle, and include effective New culturally sensitive policies are poverty alleviation. These could include: • • • • • suited to Tibetan nomadic communities. solar and wind energy to appropriate Access is provided UN Special Rapporteur on Adequate Housing is allowed to visit Tibet. Outcome Indicators • • • • Universal Periodic Review A - 28.250 Continue to strengthen including health services in rural areas, services community elder-care (Singapore); implemented) - 28.320 A (and already Respect all the human rights of Tibetan people and other minorities, including the that is safe, importance of an environment clean, healthy and sustainable, which is essential for the enjoyment of many these rights (Switzerland);

41 65 Issue 4 Torture Torture of detainees by Chinese authorities is systemic. In Tibet it takes on an even more ingrained it takes on an even more of detainees by Chinese authorities is systemic. In Tibet Torture anti-state dissent by Tibetans. As perceived characteristic as it is used by China part of a strategy to curb and of movement, expression, on freedom government restrictions of increasing such, it is part of the trend the Tibetan plateau. association across which systematic torture, Tibetans has led to widespread, dissemination of laws and policies targeting China’s through While China claims to comply with the Convention Against Torture with impunity. has proceeded fails to China has in fact failed to implement those laws, and routinely torture, passage of laws prohibiting in practice. against torture comply with the prohibition legislative, effective which requires (CAT), China violates Article 2.1 of the Convention Against Torture Despite legal and policy changes, China’s acts of torture. to prevent administrative, or judicial measures against Tibetans. public security apparatus continues to use torture repressive The trial be punished under state law. that all forms of torture which requires China violates Article 4.1 of CAT, one month after it was banned by the of Karma Samdrup demonstrates that Chinese authorities used torture against other Tibetans suggest that it is a common practice accepted Acts of torture Law. Criminal Procedure and not a punishable offense. by officials incorporate education on human rights that training programs China violates Articles 10.1 and 10.2, which require against Tibetans, Uyghurs, and Southern systematic use of torture Mongolians demonstrates China’s protections. is not permitted under any circumstances. rules and instructions do not make it clear that torture that China’s

42 China violates Article 11 by failing to perform adequate, systematic reviews of those procedures that enable of those procedures reviews China violates Article 11 by failing to perform adequate, systematic such changes in law have not yielded While China claims to have instituted various reforms, torture. access to prison facilities, and continues in practice. China continues to deny families and monitoring groups of prisoner healthcare. for review requirements to ignore violates Article 12. Despite passing a series of laws requiring to investigate claims of torture failure China’s at the hands of authorities. China claims of torture investigation, China has failed to investigate credible to avoid full confessions, and also allows officials including coerced accepts evidence induced by torture, health complications. torture-related they die from before prisoners on medical parole culpability by releasing

43 Chinese Constitution 67 UN Special Rapporteur on Torture, Dr. Dr. UN Special Rapporteur on Torture, Nowak, visited Tibet in November Manfred 2005. He was the last UN Special mandate holder to have been Procedures granted access to Tibet. Mr. UN Special Rapporteur on Torture, for a visit in Juan Mendez, made a request outstanding November 2015 – currently February 2017: A group of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan linguistic rights Wangchuk, activist. UN Special Procedures 66 CAT 2015 CAT in its The Committee was strong questioning of China prior to and during China was asked about the review. Delek the death in custody of Tenzin with Rinpoche, to which they responded a version of events that does not tally with the eye-witness statements that we have. concern about The Committee raised real the cases of 24 Tibetans, and lack by China. information on these provided concluding observations The Committee’s The Committee (a) notably strong. were that China investigate recommended death in prison Delek Rinpoche’s Tenzin back to the Committee, (b) and report noted that it was “seriously concerned” to provide failure at the State party’s information on 24 out of the 26 Tibetan cases mentioned in the list of issues, the requested it to provide and urged information on all Tibetan cases; (c) urged that all custodial the State party “to ensure deaths, disappearances, allegations of and reported and ill-treatment, torture against persons use of excessive force in the Tibetan Autonomous Region and and neighbouring Tibetan prefectures counties, as well in the Xinjiang Uyghur promptly, Autonomous Region, are investigated impartially and effectively by an independent mechanism”, and (d) the State party to “take requested that: to ensure necessary measures (a) All instances of death in custody, and ill-treatment allegations of torture medical treatment to provide and refusal and impartially investigated promptly are by an independent body other than the authorities; procuratorial for deaths (b) Those found responsible ill- torture, from in custody that result or denial of medical treatment treatment to justice and, on conviction, brought are adequately punished; (c) Detained persons have access to including to a adequate medical care, doctor of their choice.” CERD 2018 and Ill-Treatment Torture that China The Committee recommended acts to prevent “measures strengthen committed and ill-treatment of torture against members of ethnic minorities, their access including by improving that any custodial to lawyers”; ensure ill-treatment, deaths of, alleged torture, against and use of excessive force promptly, people of “ethnic minorities are investigated impartially and effectively by an independent mechanism, and that to justice”; allow brought perpetrators are independent experts to investigate “into the deaths of members ethnic minorities in custody”; and “[f]ully implement the contained in paragraph recommendations Concluding 41” of the 2015 CAT Observations. UN Human Rights Treaty Bodies UN Human Rights Treaty Universal Periodic Review measures A - 28.170 Strengthen and ill-treatment torture preventing (Australia) Table 10: Torture Table

44 Chinese Constitution China brings national legislation on torture in line with international China brings national legislation on torture at national and regional by legislating clearly on torture legal standards – including both physical and all forms of torture levels, prohibiting – under any circumstances. psychological torture China implements monitoring and accountability mechanisms to clear materials and including providing the use of torture, prevent to public security and and prosecution prevention on torture directives conducting prison personnel; publicly investigating incidents of torture; officials random spot checks of detention facilities; and prosecuting suspected of engaging in acts torture. accountable for their Chinese authorities hold police officers deterred so that others are prosecutions, increased actions through of torture. prohibition China’s circumventing from that every member of China’s to ensure China implements measures of acts educated on the prohibition security and prison personnel are and on the legal consequences of carrying out acts of torture, torture. Chinese authorities launch investigations of every complaint torture and every death in detention. of detention facilities, review China implements a systematic, effective practices within of healthcare reviews including instituting effective Chinese prisons. China authorizes families to visit their family members in prison. unannounced checks of China mandates the practice of routine, detention facilities. that suspects have access to lawyers, and these China requires during interrogations. lawyers be present and issues torture, from China investigates deaths resulting to the public. investigative reports all trials in convictions, China reviews confessions have resulted Where standards. under internationally accepted due process Outcome Indicators • • • • • • • • • • • 67 UN Special Procedures of UN Special February 2017: A group of Rapporteurs (cultural rights; freedom minority issues; opinion and expression; on Group and the Working and torture; Arbitrary Detention) raised concerns of Tashi about the detention and arrest a Tibetan linguistic rights Wangchuk, activist. Dr. UN Special Rapporteur on Torture, Nowak, visited Tibet in November Manfred 2005. He was the last UN Special mandate holder to have been Procedures granted access to Tibet. Mr. UN Special Rapporteur on Torture, for a visit in Juan Mendez, made a request outstanding November 2015 – currently 66 UN Human Rights Treaty Bodies UN Human Rights Treaty 2015 CAT in its The Committee was strong questioning of China prior to and during China was asked about the review. Delek the death in custody of Tenzin with Rinpoche, to which they responded a version of events that does not tally with the eye-witness statements that we have. concern about The Committee raised real the cases of 24 Tibetans, and lack by China. information on these provided concluding observations The Committee’s The Committee (a) notably strong. were that China investigate recommended death in prison Delek Rinpoche’s Tenzin back to the Committee, (b) and report noted that it was “seriously concerned” to provide failure at the State party’s information on 24 out of the 26 Tibetan cases mentioned in the list of issues, the requested it to provide and urged information on all Tibetan cases; (c) urged that all custodial the State party “to ensure deaths, disappearances, allegations of and reported and ill-treatment, torture against persons use of excessive force in the Tibetan Autonomous Region and and neighbouring Tibetan prefectures counties, as well in the Xinjiang Uyghur promptly, Autonomous Region, are investigated impartially and effectively by an independent mechanism”, and (d) the State party to “take requested that: to ensure necessary measures (a) All instances of death in custody, and ill-treatment allegations of torture medical treatment to provide and refusal and impartially investigated promptly are by an independent body other than the authorities; procuratorial for deaths (b) Those found responsible ill- torture, from in custody that result or denial of medical treatment treatment to justice and, on conviction, brought are adequately punished; (c) Detained persons have access to including to a adequate medical care, doctor of their choice.” CERD 2018 and Ill-Treatment Torture that China The Committee recommended acts to prevent “measures strengthen committed and ill-treatment of torture against members of ethnic minorities, their access including by improving that any custodial to lawyers”; ensure ill-treatment, deaths of, alleged torture, against and use of excessive force promptly, people of “ethnic minorities are investigated impartially and effectively by an independent mechanism, and that to justice”; allow brought perpetrators are independent experts to investigate “into the deaths of members ethnic minorities in custody”; and “[f]ully implement the contained in paragraph recommendations Concluding 41” of the 2015 CAT Observations. Universal Periodic Review measures A - 28.170 Strengthen and ill-treatment torture preventing (Australia)

45 Issue 5 Racial Discrimination against Tibetans Racial discrimination by the Chinese government against the Tibetan people is endemic. Tibetans are officially recognised by officially Racial discrimination by the Chinese government against the Tibetan people is endemic. Tibetans are a framework that denies the Tibetan people their history China as one of its “ethnic minorities”, which places Tibetans within and legitimizes the use of systematic violence against them complete assimilation into Chinese culture and identity by requiring “ethnic minorities”, the Tibetan afforded legal protections Despite the apparent under the Chinese law. as a particular group racial discrimination and consequent systematic denial of human rights, by being labelled as from people continue to suffer legal nullifying any rights providing to “State Secrecy”, “splittists”, as “endangering state security” and guilty of crimes related protection. in the and make progress of the ICERD and fail to respond policies implemented in Tibet violate the key provisions Current of so that freedom 2009 and before, by this Committee in its Concluding Observations from of concern expressed areas is the status quo for Tibetans in Tibet. of torture movement, land rights and housing, human defenders, the suffering cause of racial discrimination in Tibet, due to the The occupation of Tibet by the Chinese government is the overarching right to self-determination, and because it is extending rather than to honour the Tibetan people’s refusal government’s development. economic and infrastructure curtailing policies regarding obligations under international and domestic law adversely impacts Racial discrimination against Tibetans, violates China’s for working to eradicate racial discrimination a number of recommendations also offer the everyday lives of Tibetans. We against Tibetans by the Chinese government. Human Rights Violated: Right to Self-Determination of Movement Right to Freedom Right to Cultural Rights Right to Education Right to Security and Protection

46 47 Chinese Constitution Article 33: (1) All persons holding the Republic of nationality of the People’s Republic citizens of the People’s China are of China. (2) All citizens the People’s the equal before Republic of China are Every citizen enjoys the rights and at law. the same time must perform duties by the Constitution and prescribed and preserves (3) The State respects law. human rights. UN Human Rights Treaty Bodies UN Human Rights Treaty CERD 2018 Education special measures that the State party: (a) Strengthen 24. The Committee recommends secondary equal access to, availability of and quality primary to ensure education to all ethnic groups; Resettlement and land expropriation that the State party fully implement 27. The Committee recommends contained in paragraphs 30 and 31 of the concluding observations recommendations of the Committee on Economic, Social and Cultural Rights (E/C.12/CHN/CO/2). has taken place in ethnic resettlement that in cases where It further recommends with ethnic minority the authorities work closely and effectively minority areas, financial allowances that ensure and communities, provide government officials and, where measures of living, as well livelihood restoration an adequate standard needed, linguistic and cultural integration assistance. and ill-treatment Torture these reports to the State party, 38. The Committee, while noting that according stating that certain Tibetans, Uighurs and other false, is concerned by reports are and human rights defenders, have ethnic minorities, peaceful political protestors It is further concerned by or otherwise subjected to ill-treatment. been tortured for prolonged that certain Uighur detainees have been held incommunicado reports 39. The Committee and other illtreatment. periods, putting them at risk of torture acts of torture to prevent measures that the State party: (a) Strengthen recommends committed against members of ethnic minorities, including by and ill-treatment that all custodial deaths, allegations their access to lawyers; (b) Ensure improving against use of excessive force harassment and reported and ill-treatment, of torture investigated impartially and effectively promptly, members of ethnic minorities are to justice; (c) brought by an independent mechanism, and that perpetrators are of members Allow independent experts to conduct an investigation into the deaths contained of ethnic minorities in custody; (d) Fully implement the recommendations in paragraph 41 of the 2015 concluding observations Committee against a safe to provide all necessary measures and (e) Take (CAT/C/CHN/CO/5); Torture human rights. and promote for those working to protect environment Tibetans subjected to significant that Tibetans are 42. The Committee is concerned by reports restrictions on movement within and beyond Tibet Autonomous Region, that It banned in the region. travel is almost entirely the issuance of passports for foreign is also concernedthat Tibetan language teaching in schools the Tibet by reports policy and practice Autonomous Region has not been placed on equal footing in law, restricted; that Tibetan language with Chinese, and that it has been significantly advocacy has been punished; and that Tibetans do not have access to Tibetan held in Mandarin (arts. 2 and which are language translations during court proceedings, 5). CERD/C/CHN/CO/14-17 9 and that the State party: (a) Revise its regulations 43. The Committee recommends non-discriminatory determinations on passport applications and practices to ensure of movement for Tibetans who would like to travel within and beyond Tibet freedom the Tibetan language in Tibet Autonomous (b) Preserve Autonomous Region and abroad; its use in the fields of education, inter alia, encouraging and promoting Region by, of, the promotion information regarding judicial system, and the media; (c) Provide on the use of, ethnic minority languages. and any restrictions UN Declaration of Human Rights 2: Self-Determination ARTICLE 1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms understanding among all races, and promoting and, to this end: e.g (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups that of persons or institutions and to ensure all public authorities and institutions, national and local, shall act in conformity with this obligation; (b) Each State Party undertakes defend or support racial not to sponsor, discrimination by any persons or organizations; (c) Each State Party shall take ef ective governmental,and national review to measures or nullify local policies, and to amend, rescind which have the ef ect any laws and regulations racial discrimination or perpetuating of creating it exists; 2. States Parties shall, wherever so warrant, take, in when the circumstances the social, economic, cultural and other fields, to ensure measures special and concrete of the adequate development and protection or individuals belonging certain racial groups to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights These measures and fundamental freedoms. shall in no case entail as a consequence the maintenance of unequal or separate rights for after the objectives for racial groups different taken have been achieved. which they were Table 11: Racism Table

48 Chinese Constitution Article 33: (1) All persons holding the Republic of nationality of the People’s Republic citizens of the People’s China are of China. (2) All citizens the People’s the equal before Republic of China are Every citizen enjoys the rights and at law. the same time must perform duties by the Constitution and prescribed and preserves (3) The State respects law. human rights.

UN Human Rights Treaty Bodies UN Human Rights Treaty CERD 2018 Education special measures that the State party: (a) Strengthen 24. The Committee recommends secondary equal access to, availability of and quality primary to ensure education to all ethnic groups; Resettlement and land expropriation that the State party fully implement 27. The Committee recommends contained in paragraphs 30 and 31 of the concluding observations recommendations of the Committee on Economic, Social and Cultural Rights (E/C.12/CHN/CO/2). has taken place in ethnic resettlement that in cases where It further recommends with ethnic minority the authorities work closely and effectively minority areas, financial allowances that ensure and communities, provide government officials and, where measures of living, as well livelihood restoration an adequate standard needed, linguistic and cultural integration assistance. and ill-treatment Torture these reports to the State party, 38. The Committee, while noting that according stating that certain Tibetans, Uighurs and other false, is concerned by reports are and human rights defenders, have ethnic minorities, peaceful political protestors It is further concerned by or otherwise subjected to ill-treatment. been tortured for prolonged that certain Uighur detainees have been held incommunicado reports 39. The Committee and other illtreatment. periods, putting them at risk of torture acts of torture to prevent measures that the State party: (a) Strengthen recommends committed against members of ethnic minorities, including by and ill-treatment that all custodial deaths, allegations their access to lawyers; (b) Ensure improving against use of excessive force harassment and reported and ill-treatment, of torture investigated impartially and effectively promptly, members of ethnic minorities are to justice; (c) brought by an independent mechanism, and that perpetrators are of members Allow independent experts to conduct an investigation into the deaths contained of ethnic minorities in custody; (d) Fully implement the recommendations in paragraph 41 of the 2015 concluding observations Committee against a safe to provide all necessary measures and (e) Take (CAT/C/CHN/CO/5); Torture human rights. and promote for those working to protect environment Tibetans subjected to significant that Tibetans are 42. The Committee is concerned by reports restrictions on movement within and beyond Tibet Autonomous Region, that It banned in the region. travel is almost entirely the issuance of passports for foreign is also concernedthat Tibetan language teaching in schools the Tibet by reports policy and practice Autonomous Region has not been placed on equal footing in law, restricted; that Tibetan language with Chinese, and that it has been significantly advocacy has been punished; and that Tibetans do not have access to Tibetan held in Mandarin (arts. 2 and which are language translations during court proceedings, 5). CERD/C/CHN/CO/14-17 9 and that the State party: (a) Revise its regulations 43. The Committee recommends non-discriminatory determinations on passport applications and practices to ensure of movement for Tibetans who would like to travel within and beyond Tibet freedom the Tibetan language in Tibet Autonomous (b) Preserve Autonomous Region and abroad; its use in the fields of education, inter alia, encouraging and promoting Region by, of, the promotion information regarding judicial system, and the media; (c) Provide on the use of, ethnic minority languages. and any restrictions

China guarantees effective self-rule to the Tibetan autonomous regions, as enshrined within the Chinese Constitution and self-rule to the Tibetan autonomous regions, China guarantees effective and practically facilitate its realisation. international law, and their full political rights, according respected rights as equal citizens and political agents are The Tibetan people’s and government to guarantee Tibetan in order to article 5 (c) ICERD, including the right elect their representatives implemented. are representation, Qinghai, of movement on equal footing with Chinese settlers within Tibet (TAR, China guarantee Tibetans’ freedom by lifting within and outside TAR, in particular and out of Lhasa for Tibetans from provinces), Sichuan, Gansu, Yunnan both placed on Tibetans only to obtain a complicated set of documents from discriminatory administrative requirements village and county levels. non-discrimination of regions, to ensure language in Tibet, all Tibetan autonomous China instates Tibetan as an official Tibetans in education, employment and public life. Chinese authorities allow voluntary and community-based Tibetan language associations to operate safely effectively, against their operation and declassifying them as illegal associations. starting by lifting the restrictions so that others prosecutions, increased accountable for their actions through Chinese authorities hold police officers of torture. prohibition China’s circumventing from deterred are educated on the security and prison personnel are that every member of China’s to ensure • China implements measures and on the legal consequences of carrying out acts torture. of acts torture, prohibition and every death in detention. Chinese authorities launch investigations of every complaint torture Outcome Indicators • • • • • • • • UN Declaration of Human Rights 2: Self-Determination ARTICLE 1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms understanding among all races, and promoting and, to this end: e.g (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups that of persons or institutions and to ensure all public authorities and institutions, national and local, shall act in conformity with this obligation; (b) Each State Party undertakes defend or support racial not to sponsor, discrimination by any persons or organizations; (c) Each State Party shall take ef ective governmental,and national review to measures or nullify local policies, and to amend, rescind which have the ef ect any laws and regulations racial discrimination or perpetuating of creating it exists; 2. States Parties shall, wherever so warrant, take, in when the circumstances the social, economic, cultural and other fields, to ensure measures special and concrete of the adequate development and protection or individuals belonging certain racial groups to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights These measures and fundamental freedoms. shall in no case entail as a consequence the maintenance of unequal or separate rights for after the objectives for racial groups different taken have been achieved. which they were

49 Annex 1

2.4.1 Statement by the UN High Commissioner for Human Rights on Demonstrations in Tibet Autonomous Region in China, 14 March 200868 The UN High Commissioner for Human Rights Louise Arbour today expressed concern about escalating tensions between protestors and security forces in the Tibet Autonomous Region and surrounding areas in China. (…) The High Commissioner urges the Government of China to allow demonstrators to exercise their right to freedom of expression and assembly, to refrain from any excessive use of force while maintaining order, and to ensure those arrested are not ill-treated and are accorded due process in line with international standards.

2.4.2 Statement by the UN High Commissioner for Human Rights: China must urgently address deep-rooted frustrations with human rights in Tibetan areas, 2 November 2012.69 United Nations High Commissioner for Human Rights Navi Pillay on Friday urged Chinese authorities to promptly address the longstanding grievances that have led to an alarming escalation in desperate forms of protest, including self-immolations, in Tibetan areas. The UN human rights chief said she was disturbed by “continuing allegations of violence against Tibetans seeking to exercise their fundamental human rights of freedom of expression, association and religion,” and pointed to “reports of detentions and disappearances, of excessive use of force against peaceful demonstrators, and curbs on the cultural rights of Tibetans.” (…) “I call on the Government to respect the rights to peaceful assembly and expression, and to release all individuals detained for merely exercising these universal rights.” The High Commissioner urged the Government, as a confidence-building measure, to allow independent and impartial monitors to visit and assess the actual conditions on the ground, and to lift restrictions on media access to the region. She noted that there are 12 outstanding requests for official visits to China by UN Special Rapporteurs on various human rights issues, including one by the Special Rapporteur on freedom of religion and belief. During the Universal Periodic Review of China’s human rights record before the UN Human Rights Council, the State pledged to step up cooperation with Special Procedures. Pillay called on the Government to facilitate their access. (…) “Deep underlying issues need to be addressed, and I call on the Government to seriously consider the recommendations made to it by various international human rights bodies, as well as to avail itself of the expert advice being offered by the UN’s independent experts on human rights.” Among the recommendations made by international human rights bodies to the Government of China on Tibet are the following: – UN Special Rapporteur on the right to food, Olivier De Schutter, recommended a suspension of non-voluntary resettlement of nomadic herders, who make up the majority of the Tibetan population, and called for a meaningful consultation. – The UN Committee on the Elimination of All Forms of Discrimination (CERD) recommended to China that any policies or incentives offered that may result in a substantial alteration of the demographic composition of autonomous minority areas be reviewed. CERD also recommended that the State party carefully consider the root causes of the unrest in March 2008, including inter-ethnic violence, and the reasons why the situation escalated. – The UN Committee Against Torture in November 2008 recommended that China conduct a thorough and independent inquiry into events surrounding the protests in March 2008, including the reported excessive use of force against peaceful demonstrators, notably monks, in Kardze county, Ngaba county, and Lhasa; and into allegations of torture and ill-treatment against those arrested and detained.

50 Human Rights Action Plan – Tibet (HRAP-T) Notes

1. Our references to Tibet encompass the three original provinces of U-Tsang, Kham and Amdo, which are incorporated into the Chinese regions of the Tibet Autonomous Region (TAR) and the Provinces of Sichuan, Qinghai, Gansu and Yunnan. 2. A – 28.4. Continue working towards ratification of the International Covenant on Civil and Political Rights by the earliest possible date (New Zealand); Accelerate the ratification of the International Covenant on Civil and Political Rights (Uruguay) (Mali); A – 28.9. Continue its actions and initiatives aiming at the ratification of the International Covenant on Civil and Political Rights (Benin); Take meaningful steps towards ratification of the International Covenant on Civil and Political Rights (Estonia); Further advance the preparation for the ratification of the International Covenant on Civil and Political Rights (Georgia); As previously recommended, continue national reforms with an aim to ratify the International Covenant on Civil and Political Rights (Latvia); Continue taking steps towards an early ratification of the International Covenant on Civil and Political Rights (Malta); Continue taking steps in preparation for the ratification of the International Covenant on Civil and Political Rights (Namibia); 3. http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372962.htm 4. http://www.china.org.cn/archive/2009-04/13/content_17595407.htm 5. http://www.reuters.com/article/us-china-un-rights-idUSKCN0I511A20141016 6. http://www.reuters.com/article/us-china-un-rights-idUSKCN0IC1A220141023 7. Full text: https://daccess-ods.un.org/TMP/833712.816238403.html 8. Full text: https://daccess-ods.un.org/TMP/9457886.21902466.html 9. Full text: https://daccess-ods.un.org/TMP/9840955.73425293.html 10. http://www.rfa.org/english/news/tibet/language-04222014150658.html 11. http://thetibetpost.com/en/news/tibet/4150-further-restriction-imposed-on-tibetans-movement-in-driru-tibet 12. See complete CESCR recommendation table Appendix A, Original Text, Article 14, Page 4, and Articles 36 and 37 on page 12: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fCHN%2fCO%2f2&Lang=en 13. CRC, 2013 concluding observations, para 5, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fCHN%2fCO%2f3- 4&Lang=en 14. https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24000 15. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22981 16. Read full letter here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22816 17. http://freetibet.org/news-media/na/un-forces-china-respond-jailed-singers ; http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session26/Documents/A_HRC_26_21_ENG.doc 18. http://www.ohchr.org/EN/HRBodies/SP/Pages/countryvisitsa-e.aspx 19. See complete CESCR recommendation table Appendix A, Original Text, Page 12, Article 36: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fCHN%2fCO%2f2&Lang=en 20. CRC, 2013 concluding observations, para 5, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fCHN%2fCO%2f3- 4&Lang=en 21. CERD/C/CHN/CO/14-17, ¶ 24 (Aug 2018). 22. CERD/C/CHN/CO/14-17, ¶ 43 (Aug 2018). 23. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22981 24. http://tibet.net/2014/03/05/un-special-rapporteurs-raised-human-rights-in-tibet-with-china/

Human Rights Action Plan – Tibet (HRAP-T) 51 25. The official language in classrooms across TAR and TAPs is Mandarin. Mandarin is not the primary language of the majority of Tibetan children with around 80% not speaking Mandarin. 26. According to the UNDP’s Human Development Report 2005, TAR’s education level is the lowest of all provinces under PRC rule. The education index for Tibet ranks last among all 31 PRC provinces with illiteracy running at around 45%. The average literacy across China is currently predicted to be 91.6%. 27. See complete CESCR recommendation table Appendix A, Original Text, Page 12, Article 36: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fCHN%2fCO%2f2&Lang=en 28. www2.ohchr.org/english/bodies/crc/docs/co/CRC_C_CHN_CO_3-4.doc 29. CERD/C/CHN/CO/14-17, ¶ 37 (Aug 2018) 30. CERD/C/CHN/CO/14-17, ¶ 43 (Aug 2018). 31. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22870 32. Read full letter here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22816 33. Full text: http://newsarchive.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11555&LangID=E 34. http://www.ohchr.org/EN/HRBodies/SP/Pages/countryvisitsa-e.aspx 35. http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/Declaration.aspx 36. Report of the Working Group on the Universal Periodic Review of China, Dec 2013 para. 87, page 8. https://documents-dds-ny.un.org/doc/UNDOC/GEN/G13/188/55/PDF/G1318855.pdf?OpenElement 37. See complete CESCR recommendation table Appendix A, Original Text, Page 12, Article 38: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fCHN%2fCO%2f2&Lang=en 38. CERD/C/CHN/CO/14-17, ¶ 39(e) (Aug 2018). 39. CERD/C/CHN/CO/14-17, ¶ 33(a) (Aug 2018). 40. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22981 41. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22870 42. http://tibet.net/2014/03/05/un-special-rapporteurs-raised-human-rights-in-tibet-with-china/ 43. http://www.ohchr.org/EN/HRBodies/SP/Pages/countryvisitsa-e.aspx 44. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22981 45. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22870 46. A/HRC/40/6/Add.1, ¶ 28.175 (Feb. 15, 2019). 47. www2.ohchr.org/english/bodies/crc/docs/co/CRC_C_CHN_CO_3-4.doc 48. CERD/C/CHN/CO/14-17, ¶ 41(a)-(b) (Aug 2018). 49. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22981 50. http://freetibet.org/news-media/na/un-forces-china-respond-jailed-singers; http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session26/Documents/A_HRC_26_21_ENG.doc 51. Full text: http://newsarchive.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11555&LangID=E 52. A person is said to be deprived of his/her liberty when he/she is subjected to ‘detention’, ‘arrest’, ‘incarceration’, ‘apprehension’, ‘prison’, ‘custody’, ‘reclusion’ or ‘remand’. 53. www2.ohchr.org/english/bodies/crc/docs/co/CRC_C_CHN_CO_3-4.doc 54. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22981 55. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22870 56. http://tibet.net/2014/03/05/un-special-rapporteurs-raised-human-rights-in-tibet-with-china/ 57. Full text: http://newsarchive.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11555&LangID=E 58. http://www.ohchr.org/EN/HRBodies/SP/Pages/countryvisitsa-e.aspx

52 Human Rights Action Plan – Tibet (HRAP-T) 59. See complete CESCR recommendation table Appendix A, Original Text, Page 9-10, Article 30 and 31: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fCHN%2fCO%2f2&Lang=en 60. CERD/C/CHN/CO/14-17, ¶ 27 (Aug 2018). 61. CERD/C/CHN/CO/14-17, ¶ 35 (Aug 2018). 62. CERD/C/CHN/CO/14-17, ¶ 29 (Aug 2018). 63. Full Text: http://www2.ohchr.org/english/bodies/hrcouncil/docs/19session/A.HRC.19.59.Add.1.pdf 64. http://www.ohchr.org/EN/HRBodies/SP/Pages/countryvisitsa-e.aspx 65. See generally Sixth Rep. of the People’s Republic of China on its Implementation of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, U.N. Doc. CAT/C/CHN/5 (2014): http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fCHN%2f5&Lang=en 66. CERD/C/CHN/CO/14-17, ¶ 39 (Aug 2018). 67. Read communication here – https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22981 68. Full Text, 14 March 2008: http://newsarchive.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=9273&LangID=E 69. Full text, 2 November 2012: http://newsarchive.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12729&LangID=E

Human Rights Action Plan – Tibet (HRAP-T) 53 www.HumanRightsTibet.org

Contact: [email protected]

2017

Advisors: International Human Rights Program, Boston University School of Law with research input from Tibetan Center for Human Rights and Democracy