archivio notizie

Confronto sull’art. 21 della “Dichiarazione universale dei Diritti Umani e Civili delle Nazioni Unite”.

Tibet: Training for nonviolence and satyagraha
1 ottobre 2009

Swaraj Peeth strongly supports Tibetan people’s non-violent struggle based on Gandhian vision and method to achieve their freedom.

image015Swaraj Peeth has conducted under the guidance of Prof. Shamdhong Rinpoche, Prime Minister of H.H. Dalai Lama’s Tibetan Government-in-Exile and in collaboration with Friends of Tibet (FoT), several study programmes in Dharmsala on Mahatma Gandhi’s root text – Hind Swaraj for Tibetan youth, activists, leaders of Tibetan NGOs, representatives of various departments of Tibetan Government-in-Exile.

image017Dr. Niru Vora, Director, Swaraj Peeth was closely associated with FoT in organizing an conference on Independent Tibet in June 2007 of the Tibet support groups in Delhi. The conference deliberated on Tibet ’s earlier independent status, colonization by China , issue of freedom and autonomy, destruction of its culture and environment and finally some of the UN resolutions related to decolonization. Conference was unanimous about non-violent methods for the achievement of Tibetan freedom with the blessings and under guidance of H.H. Dalai Lama.

image019Swaraj Peeth has been engaged in discussing and planning training for the participants of the Return March to Tibet started on 10 March 2008 from Dharmsala. All the five organizations which have launched this march asked Swaraj Peeth to undertake training specifically to cultivate the image021Gandhian understanding of nonviolence and satyagraha. It was thought utmost necessary as satyagrahi not to have any sense of enmity or hatred towards the adversary in the right spirit of the teachings of Mahatma Gandhi and H.H. Dalai Lama. Rajiv Vora conducted training in concept and method of nonviolence for 150 enlisted marchers – satyagrahi- on 6-7 March in Dharmasala. Both Dr. Niru Vora and Rajiv Vora joined the march, met the detainees in their detention camp and joined the candle light Virgil in Dharmsala.

World Parliamentary Convention on Tibet
1 ottobre 2009

www.tibet.com

First World Parliamentarians Convention on Tibet New Delhi, India – 18-20 March 1994

Second World Parliamentarians Convention on Tibet Vilnius, Lithuania, May 26 – 28, 1995

World Parliamentarians to Discuss Multilateral Strategy on Tibet

President Clinton’s message to the Third World Parliamentarians Convention on Tibet

Address to the World parliamentarians Convention on Tibet by His Holiness the Dalai LamaIII World

Parliamentarians Convention on Tibet – Action Plan for Tibet, Washington, D.C. April 23 – 24, 1997

The Washington Statement on Tibet- III World Parliamentarians Convention on Tibet

Violence Against Tibetan Women
1 ottobre 2009

International Committee of Lawyers for Tibet, March 10, 1995

Introduction
The Nairobi Forward-Looking Strategies for the Advancement of Women adopted by the U.N. World Conference in 1985, establish provisions to guarantee women equality, development and peace. The provisions encompass a broad spectrum of women’s issues and include special concerns for abused women. The People’s Republic of China (PRC) has ratified these strategies, and provides for women’s rights in its own constitution and in other international U.N. documents. However, the PRC government has neglected implementation of these strategies, particularly in the situation of Tibetan women. Tibetan women, who participate in the Tibetan non-violent struggle to exercise their right to self-determination, are repeatedly subjected to violent, degrading, and inhumane treatment. The examples cited in this report are indicative of the widespread use of violence against Tibetan women. This violence, defined as unconsented, forceful infringement or profanation of the physical person, includes such acts as unlawful touching, assault, rape, sexual abuse, and torture. These acts of violence target Buddhist nuns, as well as lay women and serve to further the repressive climate in Tibet.

The violence and torture suffered by Tibetan women is particularly poignant as the PRC has volunteered to host the UN World Conference on Women. So far it is unclear whether Tibetan women in exile will receive visas to go to Beijing. The PRC, last year, “selected” 500 Tibetan women to attend the conference. These women are unfortunately not free to openly discuss issues of violence against Tibetan women for fear of persecution. In fact, a Tibetan member of the Chinese delegation to the Cairo population conference was not even allowed by the Chinese delegation to speak in Tibetan to Tibetans in exile. It is therefore imperative that the women’s community is accurately informed about Tibetan women’s issues and that Tibetan women, not selected by the PRC, are given the opportunity to discuss their issues and concerns in Beijing.

Background
Armies of the PRC invaded Tibet in 1950, ostensibly to “liberate the masses” and rid the country of “foreign imperialists.” Open rebellion erupted in Eastern Tibet in 1956 and in Lhasa in 1959. According to PRC statistics, 87,000 Tibetans were killed during the 16 month period following the 1959 uprising. An estimated 100,000 Tibetans, including the Dalai Lama, narrowly escaped and fled to India and Nepal.

During the next 20 years, more than 6000 monasteries, nunneries, temples, and shrines were destroyed and much evidence of Tibetan culture was suppressed. A comprehensive survey conducted in 1984 by the Tibetan Government in Exile estimates that 1.2 million Tibetans died as a direct result of the Chinese occupation as victims of war, famine, forced labor, execution, torture and suicide.

Following a series of documented pro-independence demonstrations in 1987, the PRC sanctioned “a policy of merciless repression toward all rebels” and in 1989 declared martial law. Foreign travelers who witnessed the repressive conditions helped intensify an international movement to assist Tibetans in their non-violent struggle.

Today, China’s rule in Tibet is characterized by well-documented evidence of widespread human rights violations that threaten Tibetan’s distinct national, cultural, and religious identity.

Women’s Involvement
Tibetan women have been at the forefront of the Tibetan people’s non-violent struggle for independence. Women originally planned and led the major uprising against the Chinese occupation in 1959. According to the Tibetan Government in Exile, a nun from Nyemo led a full-scale uprising in 1969 which spread to 18 counties and threatened to take over Lhasa. In 1993, Asia Watch reported a sharp increase in the number of political arrests of Tibetan nuns.

Reasons for Arrest
Most Tibetans are arrested or detained for spreading “counter-revolutionary” material, which is loosely interpreted as anything that threatens the ‘unity’ of China. Actions such as “printing leaflets, forming subversive organizations, spying or passing information to enemies, criticizing the Party while speaking to foreigners, encouraging reactionary singing, hoisting Tibetan flags, and demonstrating” are offenses that provoke arrest.

Participation in protests nearly always lead to immediate arrests of demonstrators. During one peaceful demonstration, a Tibetan woman, Ngawang Kyizom shouted such chants as ‘Long Live the Dalai Lama’ and ‘Free Tibet.’ Her chants lasted only 90 seconds and were fiercely suppressed when the police arrived. For her ‘outburst’ she was physically abused and jailed for three years without trial. These political arrests interfere with fundamental freedoms of expression, and are violations of Articles 9, 10, 18, 19, 20 of the Universal Declaration of Human Rights (UDHR).

The PRC makes special efforts to also stifle religious expression, a violation of Article 18 of the UDHR. It persecutes Buddhist nuns who have dissenting ideologies. Under the repressive regime, forced reeducation and indoctrination sessions target these nuns in an attempt to transform their Tibetan nationalistic or religious beliefs into communist Chinese-favoring ideologies. Nuns who do not adapt are expelled from their nunneries and cannot rejoin other nunneries. Ironically, these and other policies spark more protests from nuns, who use songs and chants to voice their dissent. Unfortunately, nuns are suspected more often than lay women and therefore are more strictly surveyed.

ACTS OF VIOLENCE

Detention
Although the PRC is a signatory to international documents, such as the UN Convention Against Torture, it actuates violence against women early in the detention procedure. Women prisoners are first usually strip searched, then brutally interrogated. During this process, they may be beaten with sticks or electric cattle prods, or attacked by dogs. This torture continues until Tibetans confess their involvement and disclose the names of organizers and other sympathizers. They are forced to renounce Tibetan independence and declare their patriotism to the PRC. More insidiously, they may be forced to denounce their spiritual leaders, particularly the Dalai Lama.

Length of detainment varies in relation to the detained woman’s ‘cooperative’ behavior. Tibetan women may remain in sordid prisons indefinitely with limited access and information to families or nunneries.

Rinzen Kunsang was detained for taking part in a demonstration. She explains her interrogation procedure:

“We were handcuffed and stripped. Two women beat us with bamboosticks and prodded us with electric batons…Beatings occurred at every interrogation session..then they beat me with a stick. They hit so hard and so many times that the sticks frequently broke. During the beatings I often fainted. The pain was not felt much at the time but in the following days the whole body would keep throbbing with pain”

In other circumstances, detainees may be hung from trees in straitjackets in what is called the ‘airplane’ position. They are electrically shocked until they disclose needed information. Ngawang Tsepak, a nun, was taken down only after both her shoulders had become dislocated.

Prison Conditions
Conditions in prison usually are detrimental to the health and well being of imprisoned Tibetans. The two most notorious prisons in central Tibet are Drapchi and Gutsa. Prison cells normally consist of small rooms with no fixtures, small windows, and no light or heat even in the cold winter months. Prisoners are given an empty pail to use as a toilet in their cells but they are allowed to empty it only once a day. Otherwise they must remain in the tiny cell. Ages of currently imprisoned Tibetan women range from as young as 14 to as old as 75.

Medical research has shown that the food is “insufficient and nutritionally inadequate.” A typical prison meal consists of two dumplings at morning and two at night. Mrs. Adhi, a Tibetan woman recounts her bleak prison experience. She was arrested along with 100 other women for participation in protests. In jail, she was selected to feed the pigs. This chore fortunately became the source of her subsistence as she would often times smuggle the pigs’ food to monks and others, or eat it herself. It was considered a delicacy in the prison. This job was retained only in exchange for sexual favors for the Chinese functionaries. At the end of the term, only 4 of the 100 detained Tibetans survived, all of whom had worked with pigs. The rest died of starvation.

Prisoners’ commitment to Tibetan independence endures in spite of the excruciating conditions. An instance of continued activism occurred when 25 women prisoners in Lhasa wore Tibetan attire instead of prison uniform to celebrate their Tibetan New Year. Consequently, thirty to forty armed policemen arrived and literally charged at the prisoners. A Tibetan source described the attack as “an insult to their religion and to their sex” and said that all 25 of the women required medical attention the following day.

An occurrence at Drapchi prison in February 1994, further illustrates Tibetans’ perseverance. Fourteen imprisoned nuns used songs to reassert their determination. Lyrics of one song included:

“I am in prison but I have no regrets
My country has not been sold:[it has been stolen]
For that we have shed so many tears
Oh so many tears!”

These songs were recorded, and then the cassettes were circulated underground. When officials discovered the recordings, the nuns’ sentences were doubled or tripled. One nun’s term extended from 9 to 17 years as a result. On June 3, 1994, one of the nuns, Phuntsog Yangkyi, died in a prison hospital from injuries inflicted by prison officials.

Torture
Generally, all imprisoned Tibetans are subject to torture and ill treatment, despite the PRC’s ratification of the UN Convention against Torture. Use of cattle prods, electrodes, prolonged periods of solitary confinement, incommunicado detention, beatings, and shackles are all common methods used to inflict pain on prisoners. Ngawang Jhampa, a nun, was detained for participation in a protest in 1989. She tells of her prison life:

“I was beaten with chairs, sticks, and electric cattle prods. The latter were placed in my mouth and twisted around. When placed inside the mouth, they draw blood and rapidly deteriorate the body. The guards hit me on the head with the prods as well, then kicked me in the stomach…I was left in my cell for nine days without food. I became violently ill as a result of the beatings. A large lump appeared in my abdomen, and I had severe head injuries…After two years of continual beatings, underfeeding, and forcible blood extraction, my body was weakened to the point of near death. I suppose the Chinese officials wanted to avoid the embarrassment of having me die in prison, so they released me…I shook constantly from exhaustion and nerve damage, and could not walk for the initial two months in the hospital”

Gyaltsen Chodon, a 23 year old nun, remembers the cruel treatment she endured in prison: “They would tread on our hands with their huge iron-tipped boots, kick us in the face and stomach. They put buckets of urine and shit on our heads and guards hit the buckets with sticks, roaring with laughter as the excrement streamed down our face and bodies…They would take the momo which was our lunch, dip it in the filth and force us to eat it”

Gender-Specific Torture & Sex Crimes
Various accounts indicate that Tibetan lay women and nuns are subject to gender-specific torture which may be more vicious than torment against men. Special “female” tortures include use of dogs, use of lighted cigarettes, stripping prisoners naked, and use of electrical batons on or in the pudenda. These tortures and other sexual indignities are not typical for men.

Reports of women being raped by electric cattle prods are numerous. Other perverse crimes, such as cutting off a woman’s breasts are reportedly becoming more prevalent also. “They [police] forced women to run for hours while police beat them with cattle prods. Ngawang was tied with an electric cord, beaten with cattle prods, and had dogs attack her many times. For her, the worst problem was the electric cords tied around her breasts. When the electricity was applied, it made her feel like she was going to die”

Nima Tsamchoe, 19, took part in a peaceful demonstration in 1988. Now in Dharamsala, she recounts her prison life:

“Dogs were set on us while we were naked. Lit cigarette butts were stubbed on our faces, knitting needles jabbed in our mouths…kicked in the breasts and in the genitals until they were bleeding…made to hang from trees and beaten on bare flesh by electric batons. Containers of human urine were poured over heads…many were[raped]. However, even those who were raped were very secretive because they were ashamed and embarrassed…I was hung up from the wall with my legs up and beaten with electronic rods in the genitals and in the mouth. After this I could not even go to the toilet…”

Sonam Dolkar, a Tibetan woman who was detained because she was suspected of pro-independence involvement, was held in solitary confinement for 300 days without charge or trial. She was shackled throughout her detention and never allowed out of her cell. She was tortured every other day for six months. Electric wires applied to her body caused convulsions strong enough to render her unconscious. She showed her interviewer a large scar on her chest, which she indicated was caused by the boot of a guard who kicked her. She received no medical treatment until a prison doctor warned that she was close to death and then finally she was treated and the torture sessions stopped.

Particularly traumatic are the sex acts that PRC officials force nuns to perform. Torture directed towards nuns “has been even more cruel and sadistic than that of monks.” Nuns who are raped are considered to have broken their vows of celibacy and often feel themselves unworthy of continuing as nuns. Ashamedly, these nuns may not return to their nunneries.

The soldiers often want nuns to ‘pat’ and ‘touch’ them; otherwise they are beaten. One escaped nun remembers the sexual violations: “The soldiers made us show our private parts and told us we were like dogs and pigs…They also forced the nuns to come out naked and prostrate themselves in front of the monks.”

Gyaltsen Chodon, a nun, aged 22, was imprisoned for peacefully demonstrating. Now living in Dharamsala, she relates her experience: “They used the prods like toys, enjoying themselves especially when they applied them to our private parts. They actually laughed as they did these things. You’re garbage, they said forcing us to answer to names like: pig, horse, donkey, cow…”

Prostitution
PRC officials also ill-treat women outside of the prison environment. They may force young girls into prostitution.

“Lhakpa Chungdak thought it a dream come true when at 14 she had been offered a place in the Chinese People’s Liberation Army. But her dream turned rapidly to nightmare. rape: single, double, multiple; pregnancy and abortion were to be her lot. The Chinese said it was no use complaining, it was what being in the army meant if you were a Tibetan girl.”

Family Planning
The PRC has violated women’s reproductive rights, as their one-child-per family law has underhandedly been enforced through coerced sterilizations or abortions. These uninformed women are subject to physical and mental suffering as a result. Tashi Dolma, a lay woman, actively protested the birth control policies, after the PRC forced her to have an abortion: “They forced me onto a table, inserted an electrical device into my uterus and left me alone like that for hours, bleeding profusely. Then they came and inserted some kind of spatula, twisting it round and round, scraping the foetus out in small pieces.”

Conclusion
It is evident that the PRC has committed and continues to commit numerous atrocities against Tibetan women. The PRC’s ratification of national and international documents serves as idle legislation only. The protection the PRC allegedly provides is ineffective as the status of Tibetan women has seen little improvement in the last ten years. At risk of violence, ill-treatment and degradation, Tibetan women have led protests against the PRC’s occupation of their country and continue to be leaders in the Tibetan independence struggle. It is time for the international women’s community to actively support Tibetan women by urging all appropriate local, regional, national and international bodies to address the issue of violence against Tibetan women. In consideration of the above, we recommend:

  1. That the PRC and its agents immediately cease all acts of violence against Tibetan women, including acts of battery, rape, torture, forced or coerced medical procedures, unlawful detentions and other government perpetrated or government sanctioned acts of violence against Tibetan women.
  2. That the Special Rapporteur on Violence Against Women be mandated by the Fourth World Conference on Women to lead a fact-finding delegation to Tibet and to investigate reports of violence against Tibetan women, including reports of battery, rape, torture, forced or coerced medical procedures, unlawful detentions and other government perpetrated or government sanctioned acts of violence against Tibetan women.
  3. That the international media, governmental, inter-governmental and non-governmental organizations, pursuant to Article 19 of the Universal Declaration of Human Rights, be given access to Tibet, to report on violence against Tibetan women and the condition of women in Tibet.
  4. That the Special Rapporteur on Violence Against Women and other international observers be provided with access to Tibet to monitor the PRC’s compliance in Tibet with the U.N. Convention on the Prevention and Punishment of the Crime of Genocide, the U.N. Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the U.N. Convention on the Elimination of All Forms of Discrimination Against Women.
  5. That steps be taken by governments to enact a U.N. Convention on the Elimination of Violence Against Women, incorporating the principles set forth in the U.N. Declaration on the Elimination of Violence Against Women.
  6. Recognizing that women world-wide bear a disproportionate share of the consequences of armed and other international conflict, and that violence against Tibetan women is the result of the PRC’s continuing occupation of Tibet, we further recommend that the PRC immediately withdraw its troops and support personnel from Tibetan and that the PRC cease the population transfer of Chinese people into Tibet.
Universal Declaration of Human Rights
1 ottobre 2009

Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.”

PREAMBLE

  • Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
  • Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
  • Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
  • Whereas it is essential to promote the development of friendly relations between nations,
  • Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
  • Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
  • Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

  • Article 1.
  • All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
  • Article 2.
  • Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
  • Article 3.
  • Everyone has the right to life, liberty and security of person.
  • Article 4.
  • No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
  • Article 5.
  • No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  • Article 6.
  • Everyone has the right to recognition everywhere as a person before the law.
  • Article 7.
  • All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
  • Article 8.
  • Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
  • Article 9.
  • No one shall be subjected to arbitrary arrest, detention or exile.
  • Article 10.
  • Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
  • Article 11.
    • Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
    • No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
  • Article 12.
  • No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
  • Article 13.
    • Everyone has the right to freedom of movement and residence within the borders of each state.
    • Everyone has the right to leave any country, including his own, and to return to his country.
  • Article 14.
    • Everyone has the right to seek and to enjoy in other countries asylum from persecution.
    • This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
  • Article 15.
    • Everyone has the right to a nationality.
    • No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
  • Article 16.
    • Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
    • Marriage shall be entered into only with the free and full consent of the intending spouses.
    • The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
  • Article 17.
    • Everyone has the right to own property alone as well as in association with others.
    • No one shall be arbitrarily deprived of his property.
  • Article 18.
  • Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
  • Article 19.
  • Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
  • Article 20.
    • Everyone has the right to freedom of peaceful assembly and association.
    • No one may be compelled to belong to an association.
  • Article 21.
    • Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
    • Everyone has the right of equal access to public service in his country.
    • The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
  • Article 22.
  • Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
  • Article 23.
    • Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
    • Everyone, without any discrimination, has the right to equal pay for equal work.
    • Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
    • Everyone has the right to form and to join trade unions for the protection of his interests.
  • Article 24.
  • Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
  • Article 25.
    • Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
    • Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
  • Article 26.
    • Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
    • Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
    • Parents have a prior right to choose the kind of education that shall be given to their children.
  • Article 27.
    • Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
    • Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
  • Article 28.
  • Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
  • Article 29.
    • Everyone has duties to the community in which alone the free and full development of his personality is possible.
    • In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
    • These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
  • Article 30.
  • Nothing in this Declaration 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 and freedoms set forth herein.
U.S. Senators Ask White House for Action Plan on Tibet
1 ottobre 2009

May 13th, 2008

  • On May 9, U.S. Senators Barbara Boxer (D-CA), Joe Biden (D-DE), Olympia Snowe (R-ME) and John Kerry (D-MA) wrote to President Bush asking the Administration to take a number of concrete steps to addresses the ongoing crisis in Tibet. The letter is a follow-up to a April 23 Senate Foreign Relations Subcommittee hearing on Tibet chaired by Sen. Boxer, in which she and other senators called for an action plan on Tibet, and which featured Special Envoy of His Holiness the Dalai Lama Lodi Gyari and ICT Chairman Richard Gere.

    Deputy Secretary of State John Negroponte, who testified at the April 23 hearing, will appear before the full Senate Foreign Relations Committee (chaired by Sen. Biden) on May 15, and is expected to field questions about the situation in Tibet and the progress of an action plan.

May 9, 2008

The President
The White House
Washington, DC

    Dear President Bush:

  • We write today to thank you for your efforts on Tibet and to respectfully urge you to take additional steps to help promote genuine reconciliation between Tibetans and the Government of the People’s Republic of China. We welcome the resumption of dialogue between representatives of His Holiness the Dalai Lama and the Government of China, but we also recognize that even this modest step would not have occurred without coordinated international pressure. Therefore, we believe we should redouble our efforts to encourage Beijing to reevaluate its entire approach to Tibet and adopt policies that respect the universal human rights of the Tibetan people.The unrest that the world witnessed in March, 2008, has its origins in the widespread belief among many Tibetans that the Chinese government is waging a systemic campaign to chip away at Tibetan life, culture, and identity. While some Chinese officials appear to believe that the views of the Tibetan people can simply be silenced and suppressed, the reality is that failure to address the root cause of the recent crisis will only lay the groundwork for future unrest. Ultimately, an agreement must be reached that gives the Tibetan people genuine autonomy and is embraced by both the Tibetan and the Chinese people. To that end, the United States must show leadership and exert pressure for meaningful progress.

    First and foremost, we ask that you make preparations to visit the Tibetan Autonomous Region (TAR) or other Tibetan areas when you travel to China this summer for the Olympic Games. This would allow you to demonstrate support for American athletes as you also send a strong message of respect for the fundamental human rights of the Tibetan people. The United States Commission on International Religious Freedom (USCIRF) has stated that visiting Tibet would serve as “an affirmation of the U.S. commitment to religious freedom for Tibetans, as well as for China’s other growing religious communities.” We wholeheartedly agree.

    We also ask that you work urgently with the Chinese government to establish a consulate in Lhasa, and that you make its establishment the top priority in negotiations to expand the U.S. diplomatic presence in China. This would fulfill the intent of the Tibetan Policy Act of 2002 which states that the Secretary of State “should make best efforts to establish an office in Lhasa, Tibet, to monitor political, economic, and cultural developments in Tibet.” Presently, our nearest consulate is in Chengdu, which is more than 750 miles from Lhasa. During a hearing of the Senate Foreign Relations Subcommittee on East Asian and Pacific Affairs on April 23, Deputy Secretary of State John Negroponte testified that Lhasa, while on a list of Chinese cities where the United States would like to have a consulate, is not at the top of that list. However, he said that “in today’s context, and given the events that have happened,” the Department of State would promptly establish such an office if the Chinese granted approval.

    In addition, we ask that you work vigorously with the Chinese government to restore media access to the TAR and the surrounding region. Immediately following the outbreak of rioting on March 10, 2008, the Chinese government expelled all foreign journalists from the region—a move that many believe violates the commitment that China made in seeking the Olympics to ensure unfettered access for the press throughout China.

    We also ask that you work with the Chinese government to support greater access to Tibet for international officials, including representatives from the United Nations. The U.N. High Commissioner for Human Rights, Louise Arbour, was reportedly denied access to Tibet after she made a request to visit last month. It is vitally important that officials such as Commissioner Arbour and other diplomats be granted access in order to ensure that the world has an accurate picture of the events that have transpired to date and to advance protection of the fundamental human rights of both Chinese and Tibetans in the region. This should include access for international observers to the trials that are currently taking place in Lhasa. It is equally important that non-governmental organizations be granted access to the region in order to provide necessary goods, services, and care. In particular, this should include protections and assistance for displaced persons and refugees. It would be in our interest to work with our European allies and regional partners to achieve these goals.

    And finally, we ask that you take steps to adequately fund Tibetan language broadcasting by Radio Free Asia and Voice of America. As you know, RFA and VOA are two of the limited number of uncensored information sources available to many Tibetans.

    We thank you in advance for your consideration of this proposed action plan for Tibet and stand ready to provide all necessary support. As Americans, we must always support those seeking to live free from oppression. We view this as an opportunity to advance this cause, and we hope that you view it in the same light.

Tibetans urged to abandon religion
1 ottobre 2009

The Tibetan authorities have launched a new propaganda campaign to persuade Tibetans to adopt atheism. A meeting of the propaganda department of the Party in Lhasa on 8 January decreed that
atheism is necessary to promote economic development in the region and to assist the struggle against the influence of the Dalai Lama. The launch of the propaganda drive was announced on the same day as the
Beijing authorities reaffirmed their policy of protecting freedom of religious belief.

The campaign to encourage the spread of atheism is further evidence of the authorities’ concern over the private loyalties of Tibetan cadres and their failure to eradicate Tibetans’ support for the Dalai Lama. It
represents a strengthening of the anti-Dalai Lama campaign in Tibet, and is aimed not only at Tibetan cadres but also at ordinary members of society. “It is an important measure to strengthen the struggle against
separatists, to resolutely resist the Dalai clique’s reactionary infiltration, and to help peasants and herdsmen free themselves from the negative influence of religion,” it was stated at the meeting and reported by Tibet TV in Lhasa on 10 January, indicating that the campaign is aimed at rural as well as urban areas.

The campaign, which will run for a three-year period, aims to use the media and different work units to spread the word on atheism. Ragdi stated last year that to be an atheist is not enough; Communist officials have to actively promote atheism. “As Communists, we cannot hold that all is well because we merely announce that we are atheists, rather needing to make bold propaganda about Marxist atheism, insisting on indoctrinating the peasant and herdsman masses in the Marxist stand on religion,” he announced in a speech to the regional Party committee on 15 November 1998.

It has long been obligatory for Communist Party members in China and Tibet to be atheists. Tibet Party Secretary Chen Kuiyuan said in 1994: “The Party’s religious affairs policy remains and will remain unchanged.
The policy that Communist Party members must be atheists is long-standing.” In the same year, the Third Forum on Work in Tibet stated: “Although the Communist Party respects the religious beliefs of the masses of non-Party members, every Party member should persevere with his or her proletarian world outlook of materialism and atheism”.

Previous campaigns over the past eight years, which have focused on the need to ensure that Party members are atheists, have been implemented despite warnings from moderate Party members that attempting to force atheism on Party members would undermine the Party. In May 1994, a Tibetan politician, Rongwo Lobsang Dondrub, warned the Chinese authorities that such a crackdown on religion could be counter-productive. “We shouldn’t forget that during the Cultural Revolution, atheism was publicised on a large scale amongst the masses, but got the opposite result,” Rongwo Lobsang Dondrub told a session of the Tibet branch of the Political Consultative Conference. “Instead of accepting atheism, the aftermath amongst the masses had grave consequences. It is time for us to learn these lessons.”

The latest propaganda campaign also targets the traditional relationship between Tibetans and their lamas or religious teachers. Ragdi gave the following example in his November speech: “In one village in Linzhou (known as Lhundrub in Tibetan) county in 1997, a peasant asked a lama to perform a divination before the wheat harvest. The lama said that the harvest could not start, which had an adverse effect of the farming season by leaving the wheat subject to a disastrous hailstorm. Such religious interference, causing production losses that affect the dissemination of new technology, is quite common throughout Tibet. Emancipating the masses from such superstition, to firmly stop and root out such sorcery, is a principle that we Party members and officials need to pursue,” Ragdi said in the speech (Tibet Daily, 24 November 1998). It is stipulated in the Chinese Constitution that the state only protects “normal religious activities”. Oracles and divination have long been considered by the authorities to be “superstitious” religious beliefs and are usually prohibited.

Party officials including Ragdi claim frequently that there is freedom of religion in Tibet. Ye Xiaowen, director of China’s State Administration of Religious Affairs, outlined the Chinese government’s policy of protecting freedom of religious belief during a meeting in Beijing with a visiting US official on 8 January, the same day as the propaganda department meeting on encouraging atheism. Xinhua quoted him as saying: “The Chinese government guarantees Chinese citizens’ freedom of religious belief in line with the constitution and laws.”

Tibetan Satyagraha Need for the restoration of freedom in Tibet
1 ottobre 2009

The idea that Tibet’s freedom must be restored is not politically motivated, nor is it based upon some nation-state theory. Our struggle is not primarily an ethnic or political struggle. Rather, all people born in the spiritual land of Tibet have a universal responsibility to all beings, and the fulfilment of that responsibility is a duty that we all incur simply by the fact of our birth. If we do not live up to that birth-duty, then we are not worthy of being Tibetans and we are unable to act in a way that does justice to our heritage. Not only is there nothing more rude and base than being unable to live up to one’s birth-duty, even from a worldly point of view, one scarcely merits the life of humanity that one enjoys.

Now what is this responsibility about which I speak? It is the preservation and dissemination of the unique inner sciences and cultural tradition that were preserved and enhanced over thousands of years by the Tibetans of early generations, who considered these to be more precious than their own lives. In modern times, these traditions have a close bearing on the well-being of the entire humanity. If we allow the Chinese to destroy this tradition, it will be a great loss not only to the Tibetans, but to the human community as a whole.

Having said this, I must say that this heritage cannot be protected unless we have complete freedom and unless Tibet’s ecological balance is maintained by preventing the destruction of environment. Therefore, the ultimate goal is not just political freedom for Tibet. Rather, our ultimate goal is the preservation, maintenance and dissemination of the sublime cultural traditions of the unique inner sciences for the sake of all sentient beings. However, without proper means and favourable conditions, it is not possible for us to fulfill this responsibility. We must therefore first undertake the spiritual practice of liberating Tibet without delay.

Unlike the freedom struggles of other peoples, our struggle must be waged with a sense of urgency as we cannot wait for generations for our freedom. We must undertake the Satyagraha movement with the aim of achieving a concrete result no later than 1997-1998.

Non-Violent action is the one and only method of our spiritual practice for the restoration of Tibetan freedom. Therefore, the people of Tibet, both in and outside Tibet, must make efforts and learn to believe in non-violence as indeed we must internalise the habit of nonviolent action. Non-violence is the way of those with the greatest of courage. It is too much for the faint-hearted and too incomprehensible for those with no firm appreciation for inner sciences and the workings of karmic cause and effect. Many simple-minded people assume that we follow the non-violent method because China’s enormous population and military strength leave no other choices for us. These people believe that we would follow a violent path if we had the military capability to do 50; This is a serious mistake and an indication that they have no confidence in the nonviolent path of peace. Whether one has confidence in the principle of karmic causality whereby virtue results in happiness and non-virtue in suffering – or whether one views the situation from a purely political standpoint, the philosophical understanding here is that one cannot achieve wholesome goals if one does not rely on wholesome methods. If one were to practice non-violence with an intent to deceive others, then it would be far better if one were not to practise it at all. Even if violence could guarantee us freedom tomorrow, we must firmly vow never to resort to it. Until we can make such a vow, our non-violent path of peace will not be perfected nor will it be a powerful instrument for achieving our goal.

There can be no authentic non-violent peace movement that is not based on truth. In a sense, truth and non-violence are synonymous. One might wonder how we should use the non-violent path of peace to perform the spiritual practice of liberating Tibet. The answer is that we must recognize that truth is on our side and , with this conviction, we must engage ourselves in a Satyagraha campaign.

Qualifications of a Satyagraha activist

  1. Apart from having an unshakable faith and belief in truth and nonviolence, one must maintain non-harming ethics. This consists in part of never telling lies and never harming others, a conduct which must be maintained for not less then three months before entering the movement.
  2. One must have no anger, hatred, or intent to harm the object of our resistance: the government officials and workers of communist China and all those siding with them.
  3. Regardless of the severity of beating, imprisonment, torture and hardship one suffers in the course of activism, one must never harbour a motive to harm others.
  4. The Satyagraha movement for the liberation of Tibet should not be inspired by political, worldly or anti-China motivations. Instead, the Satyagraha activists should have a firm belief that his spiritual practice for the liberation of Tibet is for the benefit of all sentient beings.
  5. A Satyagraha activist should have the permission of dependants like spouses, children, and old parents before embarking on the movement.

Points to be understood

A Satyagraha activist must clearly understand that not only is he or she quite likely to die immediately in the course of activism, but that all the members of the movement may perish without achieving the goal. But then, human life in general is about 70 years. Therefore, it is clearly preferable to die a few years earlier while executing one’s birth-duty than to die a few years later without carrying out this duty.

Forms of Satyagraha

The movement encompasses two forms:

Personal and Collective Satyagrahas. When a person has met all the qualifications, he or she can engage in any feasible form of Satyagraha suited to the time and place without depending on a collective plan. Many forms of Personal Satyagraha are easy to undertake and so everyone should continually engage in them. Personal Satyagraha should be particularly emphasized when the time is not ripe for Collective Satyagraha.

Collective Satyagraha, on the other hand, should be undertaken by a group of at least five people. The activists of Collective Satyagraha must have a plan that is suitable to the time and place.

The stages of movement

  1. Personal Satyagraha can be undertaken at any time or place.
  2. Collective Satyagraha will begin from a specified date. From that date all the activists will abandon their property and assets for the duration of the movement and go to Tibet to engage in Satyagraha.
  3. From the same date, the activists in Tibet will begin their activism in their respective areas.
  4. After assessing the number of activists, they will be assigned to proportionately-size units. As soon as the first unit of activists is decimated through death, injury and imprisonment, a second unit will take over within a day or two. In this way the movement will be sustained.

Types of Satyagraha

SPECIFIC types of Satyagraha movement will be determined in the context of time and place of intended activism. Therefore, it is not possible to describe all forms of activism at this point. In a rough sense, however, Satyagraha activism consists of Civil Disobedience, Non-Cooperation, and Peaceful Resistance. Listed below are some examples of such activism:

  1. Complete disregard for all unacceptable orders and directives of the Chinese central government and the Chinese-controlled regional and provincial governments in the Tibetan area.
  2. Non-cooperation with, and non-participation in, any government or public work that forms part of a project initiated and\or controlled by the central, regional or local government of communist China.
  3. Resignation from current government jobs.
  4. Total boycott of goods and services produced by the Chinese government or people.
  5. Refusal to study or teach the Chinese language or any form of Chinese studies.
  6. In short, Satyagraha activists will in no way associate or cooperate with any activity that is in any way related to the Chinese occupation of Tibet, the transfer of Chinese population into Tibet, or the destruction of the Tibetan environment.Activists will take out peaceful resistance through daily assemblies. They will not even defend themselves with the poles of their banners or placards, let alone use actual weapons. Activists will shout slogans of resistance and ceaselessly make their demands known.
  7. Although the activists will certainly have to endure such hardships as enforced starvation, one must not deliberately sacrifice one’s life through fasting, self-immolation, and so on.

Inevitable obstacles

The Satyagraha movement is likely to face many possible obstacles, but most are of little cause for concern. However, the two most serious obstacles could prove problematic. They are:

  1. Satyagraha activists will face immeasurable torture and torment, and our tormentors will use every conceivable method to provoke the activists to violence and falsehood. It is possible that some will be forced to break their vow of non-violence. Another possibility is that they will try to infiltrate movement ranks with agent provocateurs.
  2. Through vague and false statements, and with the pretext of seeking some means of arriving at a settlement, they will ,try to stop the movement by wasting our time in protracted meaningless discussions.

We will need to face these two eventualities with great skill and vigilance.

Translated and compiled from Prof. S. Rinpoches’ writings on Satyagraha by Tendar. This piece of writing was composed on 10 March 1995.

TIBET E DIRITTI UMANI
1 ottobre 2009

La Provincia di Siena
Con il patrocinio di:
Consiglio della regione Toscana, Comune di Siena,
Università degli studi di Siena
in collaborazione con:
Associazione Italia-Tibet e World Action Tibet

Una riflessione a 60 anni dalla proclamazione della
Dichiarazione universale dei Diritti Umani da parte
delle Nazioni Unite (10 dicembre 1948)
A cura di Riccardo Zerbetto

Scarica il documento in formato pdf

Tibetan girls raped by police
30 settembre 2009

Two Tibetan girls were raped by five Chinese and Tibetan policemen after they were caught trying to escape across the border into Nepal. The girls, both in their late teens, were arrested in the Tibetan border town of Burang (Pulan in Chinese) late last year. One of the girls, a 19-year old from Lhasa, was beaten
with an electric baton and raped while she was unconscious, according to a witness from the group who is now in exile. A third member of the group may also have been raped, and was reportedly severely traumatised on the morning after the arrest.

Reports of the rape of women by police in Tibet are rare, although there have been unofficial accounts of the sexual torture of female and male prisoners by prison guards using electric batons.

The two Tibetan girls who were raped were travelling into exile with three other Tibetan women they had met during their journey. The 19-year old girl from Lhasa, whose name is being withheld by TIN to protect her identity, was travelling to India with the aim of studying at a Tibetan school in exile. The five young women
were staying for the night in a guesthouse in Burang, Ngari prefecture, a two-day walk from the north-western border of Nepal, when they were arrested by three Chinese and two Tibetan police officers after they could not produce sufficient proof of their identity. The policemen were all wearing Public Security Bureau uniform according to girls from the group who have arrived in exile.

All five girls were taken to an empty building and two of them were tied to a chair and gagged. These two Tibetan girls then witnessed the rape of two others, according to one of the girls who is now in exile. The fifth girl was taken upstairs and is also said to have been raped. The 19-year old girl from Lhasa, who is
now in exile, told TIN: “They beat me with an electric prod so that I couldn’t see anything and I couldn’t talk. They hit me below the stomach. It was only in the morning that I regained consciousness, and I was bleeding from the lower part of my body. My friend told me what they had done to me. All of the policemen had taken part in the rape.”

The girl’s friend, a 17-year old, said that the girl who had been taken upstairs had become mentally unbalanced the morning after their arrest. “We didn’t know what had happened to her, but it seemed that she was raped as well as the other two,” said the girl. “The next morning, she seemed to have lost her mental balance and she was tearing her hair out with her hands.”

The morning after their arrest, the girls asked the police if they could go to hospital. The police agreed to take the 19-year old, and one of her friends who had witnessed the assault was allowed to accompany her. They stayed in hospital for three days, and managed to escape on the fourth day, arriving in exile in December.

The 19-year old girl who was raped says that she is still suffering from traumatic flash-backs of the attack. “I have nightmares, when breathing seems difficult, and everything else seems like a dream,” she told TIN. It is likely that the three other girls, who were not taken to hospital, have now been transferred to a detention centre in Tibet.

There are few reports of such rapes by police in Tibet, although Nepalese police in border areas have been involved in the sexual assault of Tibetan women. In December 1996, a 22-year old Tibetan woman who was escaping from Tibet was raped twelve times by a group of Nepalese men led by a police officer.

In a separate incident in January this year, a 17-year old Tibetan girl from a Shigatse farming family was raped by a Nepalese driver who was taking her across the border. The girl, who was travelling into exile in order to study at Tibetan schools in India, said that she had been raped by the truck driver in Barabise
on the Nepalese side of the border, approximately 90 kilometres from Kathmandu.
The Tibetan girl, whose name is being withheld by TIN, said that she pleaded with the trader not to rape her because she wanted to become a nun. Celibacy is a prerequisite for joining a nunnery or monastery in Tibetan society, and rape can occasionally lead to social ostracism for laywomen.

TIBET – THE INTERNATIONAL MISTAKE OF THE CENTURY
30 settembre 2009

On 24th June 1997 an Email posting to the TSG movement under the heading of LEGAL BREAKTHROUGH FOR TIBET by Mrs. Claudia Johnston of Canada.

According to Mrs. Johnston she has been working on the Tibet file for last three years and she would like to share her finding with the Tibet Support Movement. She had posted the Executive Summary of TIBET – The International Mistake of the Century on TSG Email listings. At the time there were lot of discussion amongst us all. She also produced a detailed summery of her finding in a form of loose bound book, which she offered to any one, as long as they pay for the photo copying. I know number of TSG members have ordered a copy form her. I have a copy.

Nothing much has been done about her findings and I preodically bring this subject up on our TSG listings and number of groups have asked me in 2000 to send them a copy of the Executive Summary (10 groups) After sending these out to all members, again nothing much has been said since.

Unfortunately Mrs. Johnston passed away and I have been trying to get permission from the family to reproduce her findings. So for I have not been able to find them at all.

I have posted the Executive Summary on our web site, hoping that someone somewhere will be able to find some good use of her findings and use it to find a way into the UN to discuss the Tibet Crisis, I believe UN is the place where Tibet issued should be Solved.
Thuten Kesang New Zealand June 2004

TIBET – The International Mistake of the Century

Executive Summary by Mrs. Claudia Johnston

The following is an Executive Summary of TIBET: The International Mistake of the Century. From Negligence to Resolve – Mechanisms for Effect”. This report has been prepared by Claudia Johnston, an independent researcher in International Law, now studying “Dispute Resolution” at the University of Victoria, Canada.

The report is the result of three years of research conducted at the United Nations Archives in New York, the United Nations Peace Palace Archives in Geneva, and the International Court of Justice Library at The Hague.

The report shows how the international community – in particular the United Nations, individual UN Member States, parliamentary bodies and diplomats – can help to solve the issue of Tibet.

Principal findings of this research can be summarised as follows:

The International Mistake of the Century” explores the primary reasons why there has been no solution, nor significant move towards a solution, for the crisis in Tibet.

A primary reason is that the United Nations, and individual Member States, have been conducting their decisions based on the false assumption that Tibet is not a “State”, but “an internal affair” of China.

UN official records show this to be a mistake, because:

1. Information regarding the international character of the “Invasion of Foreign Forces Into Tibet” has yet to be appropriately considered for resolve.

At the time of the invasion of Tibet in 1949/1950 by Chinese forces, Tibet was an independent State. In October 1950 the Tibetan Government maintained its international character as a “State” by sending a plea to the Secretary General of the United Nations.

The plea inspired the United Nations Member State of El Salvador to enter the issue “Invasion of Foreign Forces Into Tibet” on the First Committee Agenda for November 1950. This meeting, though convened, was postponed due to “insufficient information

The Committee members identified that they did not have access to information, imperative to consider, for appropriate deliberations by their Governments. Thus, First Committee Members were unable to recommend United Nations action.

Three prominent information issues were identified:

(1.1) The Tibetan plea to the Secretary General.
(1.2) Demonstration of Tibetan International Instruments of Statehood.
(1.3) The Tibet/China Dispute.

(1.1) The Tibetan plea to the Secretary General.

(1.1.1) The Secretary General did not distribute the Tibetan plea to Members of the General Assembly, although he was obliged to do so under the UN Resolution 378 V, “Duties of States in the Event of the Outbreak of Hostilities”, declared at the 3 08th UN Plenary Meeting, 17th November 1950.

(1.1.2) The “Invasion” was scheduled for consideration on the 24th November 1950 First Committee Agenda, thus obligating the Secretary General to respond according to procedure declared in the 378 V Resolution, 17th November 1950.

(1.1.3) The Secretary General was repeatedly requested, at least on three separate occasions, to distribute the Tibetan plea. The Member of El Salvador, who had initiated the issue of the “Invasion of Foreign Forces Into Tibet” on the First Committee Agenda, states his explicit attempts to get the Secretary General to comply during the verbatim of the 24th November meeting.

(1.2) Tibetan International Instruments of Statehood.

(1.2.1) The First Committee purposefully postponed consideration of the “Invasion”, in anticipation of the arrival of the Tibetan Delegation to present their “International Instruments of Statehood”.

(1.2.2) The verbatim of the 24th November 1950 First Committee Meeting concludes with the acknowledgement that the Tibetan delegation was “on its way” to present “International Instruments of Statehood”.

(1.3) The Tibet/China Dispute.

(1.3.1) The 24th November 1950 First Committee Meeting, held to consider “Invasion of Foreign Forces Into Tibet”, identified, in the verbatim, the crisis as a “Dispute” regarding the aggressive invasion across Tibetan territorial boundaries.

(1.3.2) The United Nations has recorded the territorial invasion of Tibet, by Chinese forces, as a “Dispute”, filed in June 1959. The “Dispute” file was officially handled at least 16 times, according to the file roster. There is no indication that this initial “Dispute” file has been reviewed since October 1968. Identification of the file is made by reference to “P0 240 Tibet”.

(1.3.3) Under the United Nations Charter, Chapter Five, The Security Council, Article 27, Paragraph 3, decisions under Chapter VI (Pacific Settlements of Disputes), under paragraph 3 of Article 52 (Regional Arrangements):

“A Party to a Dispute shall abstain from voting”

(1.3.4) As China is clearly a “Party” to the Dispute with Tibet, China is obligated under the United Nations Charter to abstain from vetoing on any issue related to the Tibet Dispute.

(1.3.5) The PRC, as Parties to the Tibetan Dispute, have been allowed inappropriate influence considering the outstanding and unresolved nature of the “Dispute”. The PRC changed the title of reference from the historical United Nations recognition of “Tibet”, to what is now referred to as “Xizang”. This historical interuption is demonstrated through scrutiny of United Nation’s yearbooks. The initial U.N. yearbooks refer to Tibet as “Tibet”. From the period of PRC takeover of the China
seat, and PRC subsequent influence thereof, reference to the title of Tibet has been changed to Xizang”.

Conclusion

None of the First Committee Members had the Plea to consider in context, nor information regarding the international character of the incident to relate back to their Governments for direction. This condition has remained in perpetuity for 47 years, and is yet to be redressed. Furthermore, during the period of perpetuity, the “People’s Republic of China” took the United Nations seat for China. Thus, the original “Party to the Dispute” with Tibet became active within the United Nations forum.

Since the PRC placement at the U.N., the terms of reference for “Tibet” has been changed to Xizang’. Has this change interfered with the original “Dispute” file? Is it a cause why the original “Dispute” file appears not to have been addressed since 1968?

2. Due to the situation of perpetuity, the issue of Tibetan Statehood remains unconsidered by the United Nations.

United Nations mechanisms for “States” to employ peaceful solutions to “Disputes”, have not been utilised. Thus, the Tibetan Nation continues to suffer the severe consequences of this delayed presentation of their “State” status.

(2.1) United Nations records clarify the mistaken assumption that to be a “State” one must be recognised by other “States”. According to the “Convention of Rights and Duties of States”, signed at Montevideo in 1933, “The political existence of the State is independent of recognition by other States”.

(2.2) The Tibetan Government in Exile is able to demonstrate that it meets the traditional definition of “Statehood” by: (1) Having a population, (2) Having a Government, (3) Possessing a territory -(4) Maintaining international interchange.

(2.3) Demonstration of Tibetan State Instruments – such as: (a) Tibetan Seal of Government, (b)Tibetan International Treaties, (c) Tibetan Flag, (d) Tibetan currency, (e) Tibetan Postage, (f) Tibetan passport

(2.4) The truth that all of these Tibetan International Facts and Instruments have been functional entities of the Tibetan State, used in commerce, and agreement with other States, demonstrates historical recognition of their International and State character.

(2.5) The International Law Commission explicitly exclaims: “Recognition is unconditional and irrevocable”. (Yearbook of the International Law Commission, 1971, Vol II, Part II, page 16.)

Conclusion

United Nations records document, via the “Convention on The Rights and Duties of States”, signed at Montevideo in 1933, that: “The political existence of the State is independent of recognition by other States”. This is further confirmed by the International Law Commission in 1971, that: “Recognition is unconditional and irrevocable”. These give historical testimony that Tibet does not require current recognition by any State to be, in fact, a State.

These conditions of international agreement regarding Statehood, especially the 1933 Montevideo Convention, now bring the original treatment of the Tibetan Plea by the United Nations Secretary General, into severe scrutiny.

However, it is agreed that political co-operation is dependent on such recognition. Therefore, the importance of demonstrating the historical, and current, functional capacities of the Tibetan Government is imperative to the task of international recognition. The effort to achieve current acknowledgement is based in the belief that the international community of States will respect historical root doctrines, as presented in Montevideo and by the Law Commission, and, thus respected, will guide each State’s decision regarding Tibet, based in the root of international agreement.

A Way Forward

The Tibetan Government in Exile has endeavored to establish dialogue with the PRC for decades. Though sincere efforts have continued over the years, no concrete result has been achieved. We must remain hopeful, but also remain vigilant. The PRC must understand negotiations are the inevitable bottom line; private or internationally monitored.

The strategy discussed herein represents a full scale, comprehensive plan to internationally make clear the bottom line demand is for negotiations. Let it be understood, should private efforts fail, the need for international monitoring will be a prepared final alternative for remedy. The strategy to clarify “Tibetan Statehood”, and reveal the “Dispute Status” are not distracting approaches to simply confront the PRC. Rather, the vehicles of both Statehood and Dispute Status, are the prerequisites to obtain the key to the United Nations door of Dispute Resolution mechanisms.

Historically, the Tibetan effort has channeled all energies to the attention of the Human Rights violations within Tibet. However, as remaining the falsely perceived “internal affair” of China, these efforts have gone without achieving resolve.

The International Community of United Nations Member States is yet to be empowered by any mechanistic facilitation to engage United Nations deployment of specific conflict resolutionary tools. Clarification of both Tibetan Statehood, and revealment of the outstanding “Dispute” status, provides those tools to empower the international community of U.N. Members to act within appropriated United Nations Policy and Procedure.

It must be clearly understood, that the initiative to clarify Statehood and Dispute Status, is solely to achieve international negotiation protection and participation by the United Nations. The message to be sent to the PRC regarding this initiative is bottom line negotiations; privately, or internationally monitored.

The combined effort of pursuing private negotiations, accompanied by the relentless pursuit of International participation and monitoring, is a bonafide opportunity to clearly checkmate the issue of negotiations. There is no other goal.

The report sets out a process by which this “international mistake of the century” and consequent gross miscarriage of justice can be reversed by the international community. A way forward to implement a peaceful, negotiated resolution for the crisis of Tibet is identified.

3. The first step is to provide the opportunity for Tibet to demonstrate Statehood. As a State, the United Nations mechanisms of resolve become available to the Tibetan Nation.

(3.1) In the event of hostilities between States, the Secretary General is obliged to send a “Peace Observation Contingency”, as per United Nations Resolution 378 V, “Duties of States In The Event of The Outbreak of Hostilities” 3 08th Plenary Meeting, declared on 17th November 1950.

(3.2) In the event of a “Dispute” between States, the Secretary General is obliged to “Administrate the Constitution of a Panel For Inquiry and Conciliation”, UN Resolution 268 III, 199th Plenary Meeting; 29th April 1949.

4. United Nations Policy and Procedure must be followed to engage the process for Tibet to demonstrate “Statehood”.

(4.1) As the First Committee of the General Assembly has remained in perpetual postponement for 47 years, waiting for the demonstration of Statehood by the Tibetan Government, the first priority is to reopen this postponement and demonstrate Tibetan International Instruments of Statehood.

(4.2) Reopening of the First Committee Postponement requires a LEN Member Nation to agree to address the “General Committee”, which considers such issues for it’s recommendation concerning the matter, to the General Assembly.

However, the “General Committee” is only a body designed for recommendation. The General Assembly has, on numerous occasions, decided to ignore the recommendations of the General Committee when the General Assembly wanted to hear information directly.

Here, it is imperative to understand that the task will be to convince as many United Nation Members regarding the “new and significant information” that is to be provided to the General Assembly.

The process for approving a G.A. Agenda item, will be dependent on a majority vote, cast among the General Assembly, as was the case concerning the “Question of Tibet” during the years, 1959, 1961.

Therefore, the task over the next year is to thoroughly inform, and prepare, each UN Member for that General Assembly Vote regarding the reopening of the postponement for the GA Assembly agenda.

The UN Member requesting the reopening of the postponement must announce that:

(a) “Significant information” is now available for consideration. (This claim will be supported by submissions of internationally recognized authoritarian opinion regarding:) The continuance of Tibet’s opportunity to demonstrate “International Instruments of Statehood”.

The revealment of the United Nation’s “Dispute” file on Tibet, and the international ramifications thereof

Further elaboration by qualified opinions in support of the Tibetan demonstration of Statehood, namely;

What “International Instruments” constitute a legal demonstration of Statehood?

The legal “significance” of International Instruments of Statehood.

What constitutes illegal impediens to bonafide “Statehood” in the eyes of the international community.

What Rights are inherent in Statehood.

How can Statehood be demonstrated under the extraordinary conditions of exile.

How has the League of Nations, and the United Nations, responded to Governments in Exile?

(b) “Reopening of the postponement for inclusion on the General Assembly Agenda is requested”.

Once a U.N. Member State submits this notice of new “significant information”, and requests to reopen the postponement, the General Committee is then seized with the decision to make a recommendation to the General Assembly.

(4.3) The People’s Republic of China is a Member of the General Committee, and will have a vote on that Committee. However, there is no veto power associated with the General Committee, who only maintains a recommendation status.

It is clear that it is the responsibility of the United Nations and its Member States to ensure that, as a ‘Party to the Dispute”, China will be obligated, under the UN Charter, to abstain from vetoing should the Tibet/China Dispute ever be referred to the Security Council for any reason.

End Resolve:

The strategy pursues that once the Tibetan Government in Exile demonstrates it’s “International Legal Instruments of Statehood”, and the Tibet/China Dispute status is clearly revealed, the Secretary General, and the General Assembly, will be in a bonafide position to respond to the Tibetan crisis through the United Nations Policy and Procedures, which clearly delineate the Dispute Resolution processes for States.

Thus, we all maintain one goal, negotiated settlement. Privately, or publically inspired. The choice is incremental. The choice for checkmate.

5. The Report also explores other international precedents, which demonstrate resolve on the part of the international community to circumstances similar to the Tibet/China Dispute.

(5.1) Trusteeship.
(5.2) Internationalisation.
(5.3) Economic Mechanisms.
(5.4) Reconstruction.

immagini video
Bjork - Declare Independnce for Tibet - Shanghai Ngawang Sangdrol: Undying Cry for Freedom Tibet The Story Of A Tragedy
WAT vive solo grazie al supporto economico dei soci.
Donare e sostenerci è semplicissimo.
Fai una donazione!
Per iscriversi alla newsletter, lascia nome ed email qui sotto:
riceverai una email con la quale potrai confermare l'iscrizione.
Nome  
Email