The events of 11 September 2001 caused a paradigm shift in international concern over human rights. While most states have measures in place to ensure the security of their citizens, others are taking advantage of the 11 September attacks to justify internal repression. The People's Republic of China (PRC) is a distinct case in point.
TCHRD is concerned that China has taken advantage of this global crisis to step up government action against those it labels "separatists": Uighurs, Tibetans and the Falun Gong. China is attempting to seek international justification and political sanction for its actions. Beijing chooses to draw no distinction between "terrorism" and "separatism".
Official manipulation of the new world order became clear at the 27 October 2001 Ninth Session of the 24th Meeting of China's National People's Congress (NPC), where approval was given to the ruling State Council's proposal that the PRC join the international campaign against "terrorism, splittism and fanaticism". Addressing this meeting, Li Peng, NPC Chairman, said that, "The decision for China to join the global campaign is wise in the wake of 'splittist' activities in China and will be helpful to strike hard against terror created in the country by inside and outside enemies."
TCHRD believes that the events of 2001 make it more vital than ever that the international community - including the PRC - honours the international conventions and universally-recognised laws which specify the rights to which all human beings are entitled. With the global spotlight currently on China, due to its entry into the WTO and its winning bid for the 2008 Olympics, the international community has an opportunity and a duty to increase pressure on Beijing to carry out the obligations under international conventions to which it is a party.
China's widespread human rights abuses were a central feature of international opposition this year to its Olympic bid and its accession to the WTO. Ignoring world opinion, the Olympic selection panel and members of the WTO have in effect sanctioned Beijing's clearly-documented abuses against its own populace and in territories it occupies including Tibet. In June 2001 the Fourth Tibet Work Forum was held behind closed doors in Beijing. This high-level meeting sets Beijing's upcoming policy on Tibet; this session has placed top down "economic development" and "stability" over all other freedoms and rights of the people. It is evident from the testimonies of refugees fleeing to exile in India that the majority of Tibetans do not believe that they will ever reap the much-vaunted "benefits" from the mammoth "development" projects now being implemented on the plateau.
The White Paper issued on 8 November 2001 by the Information Office of China's State Council - Tibet's March Toward Modernisation - is crafted to further promote and enhance China's image in the global arena. Brushing aside the accepted norms of civil and political rights as "Western notions", China continues to call on cultural relativism to justify its human rights abuses. While still claiming that "economic development" supersedes all other rights, China ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) in February 2001. Yet, the International Covenant on Civil and Political Rights (ICCPR) remains to be ratified more than three years after PRC became a signatory to the document. In his 10 December 2001 Nobel Peace Prize acceptance speech, the United Nations Secretary General, Kofi Annan, said that in this new century, "...the sovereignty of States must no longer be used as a shield for gross violations of human rights" and " ...peace must be made tangible in the daily existence of every individual in need". He called upon the world to consolidate its resolve to fight against injustice and human rights violations.
TCHRD has relied upon the framework of ICESCR and ICCPR to present and document the human rights situation in Tibet throughout 2001. At the heart of these two international covenants is the right of all peoples to self-determination, by virtue of which they freely determine their political status and pursue their economic, social and cultural development. Tibetans are recognised as a distinct people with their own history, culture, language, religion; their own ethnic identity and a strong connection to their own territory. In the context of the Tibetan people, the right to self determination must relate to the fact that Tibetans are a people under occupation and the cases of human rights violations documented in this report stem from this fact. During the PRC's domination over Tibet's political, economic, social, cultural and religious life for more than half a century, there has been a total disregard for the Tibetan people's right to self-determination.
At the much-publicised September 2001 Durban World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance, one of the main themes of discussion was economic, social and cultural discrimination based on race. TCHRD gained accreditation to this conference and presented the case that the discrimination suffered by Tibetans inside Tibet has its roots in the fact that Tibetans do not have the right to self-determination and are a race under occupation.
On International Human Rights Day, the UN Human Rights Commissioner, Mary Robinson, reiterated that the anti-discrimination agenda adopted at the Durban Conference should be "an integral part of efforts to safeguard against any erosion of human rights standards that might flow as an unintended consequence of measures to counter terror". Her words of concern reflect on totalitarian regimes and their new-found interpretations of "terrorism". Based primarily on TCHRD's interviews with recent arrivals from Tibet, and supplemented by secondary sources, this report furnishes clear evidence that during 2001 China has systematically violated the human rights of Tibetans through policies leading to acts and omissions. Additionally, official Chinese sources occasionally provide and publish information that gives insights into the real scale of human rights violations continuing across the Tibetan plateau. Economic, social and cultural rights
With its ratification of the International Covenant on Economic, Social and Cultural Rights this year, it now becomes obligatory for China to enact domestic legislation implementing the articles of the Covenant. Guided by the ICESCR framework, this report examines the situation regarding rights of Tibetans inside Tibet to education, economic participation, health, housing and livelihood. We have additionally integrated the rights of women and children, as they are two of Tibet's most vulnerable groups under China's colonisation.
Attempting to ensure women's equality, the PRC has periodically introduced a number of domestic laws pertaining to women's rights. The legislation now covers women's political participation, employment, labour protection, education and marriage, among other concerns. To date, these domestic laws have failed to provide women across China with protection via rights to which they are universally entitled. This leaves Tibetan women little or no options to exercise their basic right to freely determine their futures. Birth control policies continue to deny the reproductive rights of women in Tibet to control the size of their families, decide upon spacing between births and take informed decisions on abortion. Severe penalties are exacted for non-compliance with reproductive policies. The disproportionate discrimination faced by women in Tibet is further examined particularly under The Right to Health.
Children are the most vital assets of any society, while also remaining the most vulnerable to abuse and exploitation. China has signed and ratified many international conventions guaranteeing children protection from abuse and support for their welfare. Despite this, countless children in Tibet remain deprived of access to basic education and adequate healthcare. This explains why almost half of this year's asylum seekers are under the age of 18. Violations of The Rights of the Child are documented in this report, particularly under The Right to Education and Health chapters.

The Right to Livelihood
A very high proportion of recent arrivals interviewed by TCHRD revealed that Tibetans, particularly in rural areas, are being denied their right to livelihood. Nomads are facing a programme of excessive taxation and fencing of grasslands which appears designed to destroy a quintessential Tibetan way of life. Tibetans in the urban areas are facing severe discrimination and lack of opportunity in relation to employment and business. One of the greatest threats to traditional Tibetan livelihoods is the ongoing environmental destruction caused by China's intensive exploitation of resources, from which there are also no benefits that flow back to the Tibetan people.
Under this chapter, TCHRD examines the right to livelihood of Tibetans as well as the policies of the Chinese government that infringe on these rights. The section further examines Beijing's ambitious new economic policies and their impact on Tibetans within the narrow definition of development embraced by the PRC government. With Beijing's emphasis on economic development, reinforced by the 2001 release of its White Paper on Modernisation, the Chinese leadership shows no interest in adopting a holistic approach to development, appropriately outlined in the UN Declaration on the Right to Development, which stresses the indivisibility and inter-dependability of all rights.
China claims to be boosting Tibet economically; however, policies and infrastructure are designed to consolidate Chinese control over the region and benefit Chinese migrants to the detriment of the Tibetan population. Not only is there official neglect of their basic needs, but Tibetans are not consulted on, or meaningfully involved in, any sector of the development of their country. The Chinese government is pursuing a policy of population transfer to suit its economic and political agenda to marginalise Tibetans in their own land. The influx of Chinese settlers further perpetrates racism and discrimination against Tibetans, particularly in the urban areas. This includes a wide-ranging bias in employment with preference given to those fluent in Chinese and preferential treatment of Chinese migrants.

The Right to Education
The NGO Declaration adopted at the Durban Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance states that "...the mono-cultural and hegemonic practices of the Chinese government, through the school system and through other State institutions, has caused forced integration and assimilation and deprived the Tibetan people of their basic human rights". In real terms, this means that Tibetan children suffer a high degree of discrimination in gaining access to education, and within the curriculum and everyday teaching practices.
China's proclamations over the enormous investment made in developing education has little to show in the way of ground realities in Tibet. In many rural areas there are either no schools or those that exist cater only to those students who can afford the fees. An estimated 85 percent of parents reside in rural areas, with incomes that do not allow their children the luxury of attending schools demanding high fees and located far from their homes. Moreover, Tibetan parents are extremely concerned with the increasing and overt Sinicisation of school curriculae. The all-pervasive Chinese medium of instruction puts those Tibetan children who are able to attend school at a further academic disadvantage. For these reasons, juveniles are increasingly dominating the numbers of refugees fleeing into exile.


The Right to Health
With extremely limited access to healthcare facilities, the wellbeing of Tibet's population is under serious threat, with the levels of malnutrition, tuberculosis and other preventable diseases reaching epidemic proportions. In most remote areas, where the majority of the Tibetan populace resides, adequate healthcare facilities are virtually non-existent. For Tibetans within both urban and rural areas, the cost of available healthcare is prohibitive. Rampant discrimination is yet another inhibitive factor, all of which has led to many preventable deaths and unalleviated physical suffering and distress.
With estimates of up to one million HIV positive persons across China this year, and an annual increase rate of 30 percent, one can clearly extrapolate the incidence of HIV/AIDS in Tibet. The current absence of testing facilities, treatment and support centres, or education campaigns, exposes once again China's blind refusal to take responsibility for containing the epidemic.

The Right to Housing
The ratification of ICESCR in February 2001 obligates China to now afford "adequate housing to everyone". This means providing housing fit for habitation, in a non-discriminatory manner, and includes the development of laws to protect against unfair evictions and demolitions. It also means introducing national legislation implementing the principles as defined under ICESCR as necessary to the provision of adequate housing. Despite issuing statements on the bare necessities of accomodation, the Beijing authorities had by year's end not enacted specific legislation on housing.
From the testimonies given by recent arrivals in India, it is evident that while discrimination persists against Tibetans over urban housing, there is also a distinct lack of infrastructure and available materials in rural areas as well. Cultural and climatic inappropriateness of new housing is another serious concern. The most numerous and blatant housing rights violations during the year 2001, however, were the extensive forced evictions of monks and nuns, primarily due to government-enforced ceilings on the number of practitioners permitted in religious institutions. Urban development projects under Beijing's new economic policies also led to evictions and demolition of Tibetan dwellings.

Civil and political rights
Under the framework of the International Covenant on Civil and Political Rights, this report primarily documents the lack of freedom of expression that results in arbitrary detention and torture, and the lack of freedom of religious belief leading to the imposition of restrictions on, and in some cases even destruction of, religious institutions. Freedom House, the New York-based freedom and democracy watchdog, released its annual study of world freedom on 18 December 2001. The study reveals Tibet as one of the worst-rated areas in the world for political rights and civil liberties.

Political Freedoms
TCHRD continues to be highly concerned about the arrest and sentencing of prisoners of conscience and the existence of legislation providing for their detention. Prolonged detentions without trial, inadequate trial procedures, and the absence of legal safeguards to assure a fair and open trial, have been the cases throughout this year. Reported torture and ill treatment of prisoners of conscience - usually in detention centres administered by Public Security Bureaus - and conditions of detention are deplorable. There are currently 254 known political prisoners out of which 37 known arrests took place this year. Ten Tibetans died directly due to torture and ill-treatment.
A major policy development with specific implications for Tibet has been the re-launch in April 2001 of Beijing's "Strike Hard" Campaign, first implemented in 1996. This anti-political activism campaign is targeted towards "achieving the ultimate goal of improving China's public order situation in the future". It legalises heavy crackdowns on drug trafficking, smuggling activities, mafia crimes, financial scams and the guiding of asylum seekers across international borders. Under its auspices, local Party Committees are to strike relentlessly against activities that advocate local nationalism.
In Tibet, the campaign's implementation has been primarily against peaceful protest demonstrations and/or the possession of "illegal" materials; this term includes the Tibetan flag, a photo of the Dalai Lama and any materials deemed "political". Furthermore, on 27 June 2001 the "TAR" Higher People's Court stated that the "TAR Strike Hard Campaign will strike against those who endanger national security and those who assist people to illegally cross into foreign countries". As a consequence of the two-year extension of "Strike Hard", many Tibetans have been arrested for "political activism" during 2001.
At the same time that Tibetans are being denied freedom of speech and expression, China is utilising the full force of its propaganda channels in an all-out endeavour to enhance its own image internationally and also project an image of the "general well-being and happiness" of Tibetans under Chinese rule. China has aspired to extraordinary levels of spin doctoring this year in the utilisation of not only its own State media, but also the international media.
Recently Beijing's propaganda machinery boasted that the number of political prisoners in Tibet has dropped significantly and its media projected a glorified image of prison conditions on the plateau which are, in fact, deplorable and life-threatening. While it may be true that the actual number of political prisoners has dropped, strict vigilance and counter measures have been stepped up to prevent any activities "endangering state security". In addition, the "reform through labour" scheme and detentions are utilised to clamp down on dissent and criticism. Freedom of Religious Belief And Practice
Lengthy and incessant Communist Party "work team" visits to propagate loyalty to Beijing and Marxist ideology - resulting in the expulsion of many monks and nuns from their institutions - exemplified the suppression of religious freedom over the year 2001. A heightened Dalai Lama denunciation campaign, and stricter control on public expressions of belief and practice, were further widespread violations of the freedom of religious belief. During this year, 9,408 religious practitioners were expelled from various religious institutions and the closure of two major institutions was reported.
Designed to suppress the religious and patriotic sentiments of Tibetans, and in particular of the populace in robes, the ongoing "Patriotic Education" Campaign initiated in 1996 has imposed ceilings on the number and age limits of those entering religious institutions, leading to many arrests and expulsions. Almost all religious institutions now have a "Democratic Management Committee" manned by Communist Party cadres installed on their premises to control and oversee the working of the institution. Monasteries and nunneries are increasingly perceived as "hotbeds of splittist activity" and tools of the "Dalai Clique".
The game of reincarnation politics now played by Beijing is another official intrusion to control Tibetan culture, identity and the whole traditional way of life and belief. Obvious previous attempts have been Beijing's interference in the search for the reincarnation of not only the Panchen Lama but also, more recently, of Reting Rinpoche. This year has also seen statements on the controversial issue of the reincarnation of the present Dalai Lama. China has made known the key role it intends to play in selecting any future Dalai Lama.
According to a US State Department report on religion released in October 2001, "...repression of religious freedom in Tibet has reached severe levels". Guo Jinlong, Party Secretary of the "TAR", in his interview with the New York Times this year, made a peculiar but telling comment that, "...the belief of the Tibetan school of Buddhism is the choice of the local residents and the local Tibetans will have a better choice of religious belief when the economy has well-developed in the region". This reveals the intent behind Beijing's current push towards economic advancement. It also illustrates Beijing's view of Tibetans - and within that, Tibetan religion - as a "primitive, backward and ignorant race".

The Status of New Tibetan Refugees
In addition to this report adhering to the two covenants utilised above, TCHRD draws special attention to the particular plight of the recent Tibetan refugees and their rights under international law, in particular the Refugee Convention. The Centre documents the experiences of Tibetans who were forced to flee their homeland in 2001 in search of protection against human rights abuses. Fear of persecution and denial of fundamental human rights leading to suppression of their religion, culture and identity, and discrimination faced in every aspect of their life - in particular in education - forces thousands of Tibetans to attempt the arduous trek into exile.
The "TAR's" border security officials detained 2,500 Tibetans trying to cross the border during six months of 2001. Recently-arrived refugees have testified that many of these Tibetans subsequently suffered beatings, arrest, torture and imprisonment - in some cases resulting in death. Additionally, the heightened current political instability in Nepal - the region through which Tibetans must transit to escape occupied Tibet - and the recent declaration of a state of emergency poses an increased threat to the asylum seeker's ability to successfully reach freedom.
While acknowledging the longstanding generosity of Nepal's government to Tibetan asylum seekers, and the existing arrangement between Nepal's Department of Immigration and the Kathmandu-based United Nations High Commission for Refugees (UNHCR) which allows refugees to pass through Nepal and be processed for third country resettlement, TCHRD is currently gravely concerned about the ad hoc forced deportation of Tibetan refugees and the probability that such cases may be increasingly common along the Nepal/Tibet border. Such forced deportations reflect an absence of understanding of the human rights of asylum seekers by Nepalese border officials, as well as their own culpability in the human rights violation of Tibetan asylum seekers.
The consistent severity and institutionalisation of the PRC's infringements of the fundamental rights of Tibetans must question the international community's role in condoning China's colonisation and control of Tibet. Tibetan people are entitled to access basic human rights and exercise their right to self-determination in every sphere of life. For over half a century, the basic human rights of Tibetans have been constantly and systematically violated by the Communist leadership in Beijing. In 2001, we saw this repression being sanctioned and rewarded by both the IOC and the WTO.

Recommendations
Pertaining to Economic, Social and Cultural Rights
· TCHRD welcomes the ratification of ICESCR by China and urges the Committee body of the Covenant to ensure that China fulfils its obligations by taking immediate steps to incorporate the norms laid down in the Covenant within its national legislation and initiate implementation of the same.
· TCHRD urges the Chinese government to respect the Tibetan people's fundamental right to control the content of the curriculum and the medium of instruction in their children's education as stipulated in the CRC.
· TCHRD urges China to recognise the potential HIV/AIDS crisis in Tibet, and take steps in order to mitigate the epidemic. The establishment of testing facilities, treatment centres and preventative education campaigns are critical.
· TCHRD urges China to develop and enforce policies relating to healthcare which match the standards of healthcare guaranteed in the Conventions to which it is party. China must amend its constitution to guarantee the rights of its citizens to accessible, affordable medical care. The nutrition and health of Tibet's children require specific attention.
· The reproductive rights of Tibetan women continue to be denied and controlled by oppressive Chinese policy. We demand full self-determination for Tibetan women over their bodies, and the amending and/or repeal of birth control policies.

Pertaining to Civil and Political Rights
· TCHRD would like to demand the Chinese government's co-operation with all thematic special rapporteurs and working groups of the Human Rights Commission, and to give consideration to their recommendations.
· TCHRD demands that the Chinese government clarify the scope and extent of the term "endangering state security" in its Criminal Procedural Law. In its present ambiguous form this is utilised to suppress multiple legitimised rights, including the right to freedom of speech and expression.
· TCHRD condemns the recent forceful eviction of over 7,000 monks and nuns from Serthar Buddhist Institute in Serthar County, Karze, Sichuan, and the consequent demolition of the living quarters of the expelled monks and nuns. In particular, TCHRD appeals to the Special Rapporteur on Religion to investigate the whereabouts of Khenpo Jigme Phuntsok, the Abbot of Serthar, in particular and the violation of freedom of religious belief of former residents of the institute in general.
· TCHRD demands the release of all political prisoners held by the Chinese government for exercising their right to freedom of speech and expression.
· TCHRD demands the immediate and permanent removal of electric batons from every member and all branches of security personnel. Police and prison personnel frequently use the electric shock baton in a brutal and degrading manner, employed particularly in the gender-specific torture of female prisoners.
· Contravening all international norms pertaining to the Rights of the Child, the Chinese government has detained Gedhun Choekyi Nyima, the 11th Panchen Lama of Tibet, since May 1995. TCHRD demands the immediate release of the world's youngest prisoner of conscience. TCHRD urges the international bodies engaged in "bilateral dialogue" on human rights with the Chinese government to recognise that to date this has not yielded any positive results, but rather has been consistently utilised to evade international scrutiny and liability. This unproductive process should be discontinued.
· TCHRD calls for the Chinese government to immediately cease all practices of sending "work teams" to religious institutions, and to desist from all efforts to coerce the monastic population to conform to the communist ideology propounded in "patriotic education" sessions.

Pertaining to Refugee Rights Tibetans
· TCHRD would like to recommend to the UNHCR to request the Government of Nepal to co-operate by allowing its border officials to participate in UNHCR training and awareness-raising on the human rights of asylum seekers;
· TCHRD acknowledges the arrangement that exists between the Department of Immigration of Nepal and the United Nations High Commission for Refugees (UNHCR) based in Nepal, to allow refugees to pass through Nepal and be processed for third country resettlement - usually to India. Yet it is gravely concerned about the ad hoc forced deportation of Tibetan refugees and the probability that such cases may be common along the Nepal/Tibet border.


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