Date: Mon, 23 Mar 1998 14:02:30 +0100

From: Tibet Bureau - Geneva

To: Multiple recipients of list TSG-L

News Update

Geneva, 23 March - Governments and NGO's continued to raise their concern on the situation in Tibet and China in their oral interventions at the 54th Commission on Human Rights.

On 20 March, Mrs. Lena Hjelm-Wallen, the Swedish Minister for Foreign Affairs, speaking as a guest speakers told the Commission: "In China, according to official claims, the number of death sentences has been reduced since the adoption last year of a revised Criminal Law. Still, the number of death penalties and executions remains exceedingly high and runs into the thousands. Death sentences are also meted out for non-violent offences, in contravention of international standards...The systematic violations of civil and political rights in China have not abated in the past year. However, China has indicated its willingness to cooperate to improve its human rights situation, and has also invited the High Commissioner for Human Rights to visit Peking. The Swedish Government sincerely hopes that this more cooperative spirit on the part of China will be extended to cover all the relevant human rights mechanisms of the United Nations."

In the afternoon, Dr. Michael van Walt, speaking on behalf of Pax Christi International and Transnational Radical Party, under agenda item dealing with the question of the right to self-determination, told the Commission: "There is also no positive development in East Timor or Tibet. Their right to self-determination is recognized by the United Nations. This right was reaffirmed with respect to the people of East Timor by the International Court of Justice recently in its decision on the Timor Gap case. Yesterday the International Commission of Jurists reminded this Commission on Human Rights of the General Assembly resolutions recognizing the Tibetan people's right to self-determination and of its own report which concludes that Tibetans are a "people under alien subjugation." UNPO also released a report recently in which it found that Tibet was "a de facto colony" of the PRC, all of which reaffirms the right of Tibetans to self-determination...The Government of the Peoples Republic of China drew the attent

ion of this Commission to clause 2 of the Vienna Declaration of 1993. To support the view that raising such issues is contrary to the Charter of the United Nations the distinguished speaker quoted the following passage: "[the right to self-determination] shall not be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States..." What was inexplicably left out of the quote was the remainder of that sentence which continues: "...conducting themselves in compliance with the principle of equal rights and self-determination of peoples and thus possessed of a government representing the whole people belonging to the territory without distinction of any kind."...Mr. Chairman, this is an essential part of the clause. An exercise of the right to self-determination does of course not necessarily lead to the independence of the people and territory claiming that right. There are many possible ou

tcomes to the exercise of self-determination, most of which do not affect the territorial integrity

of existing states. But where a government does not protect and represent the interests of a people but, instead, oppresses that people, the language of the Vienna Declaration does not support the view of the Peoples Republic of China, nor that expressed by some other governments in this debate, such as that of Angola with respect to Cabinda or Indonesia with respect to East Timor."

The Tibetan delegation to the Commission during the first week were: Kasur Lodi G. Gyari, Rep. Chungdak Koren, Mr. Bhugyal and Mr. Ngawang C. Drakmargyapon. This week the Tibetan delegation will be joined by Sec. Tempa Tsering and Rep. Kunzang Yuthok.

Forwarded by

Tibet Bureau

Geneva, SWITZERLAND