SPECIAL ISSUE: Tibet at the UNCHR's 52nd Session in Geneva (18 March - 26 April, 1996)

On 28 March, Zhang Yishan of China, speaking on Item 14 said:"Exaggerating the function of the treaty bodies, rather than promoting their effectiveness, can only result in the dampening of the State parties' enthusiasm. Meanwhile, the treaty bodies should discharge their responsibilities strictly in accordance with their mandates, and conduct activities in a responsible, objective, fair and non-selective manner."

On 29 March, Duan Qiming another Chinese delegate, speaking Item 18 said: "Meanwhile China's laws and policies also provide that all the citizens and organisations, religious or not, are equal before the law with the same rights and obligations. No one is entitled to any privilege beyond law. No one, no association and no religion can be allowed to violate national law, infringe upon the interests of the people, foment splits among its nationalities and sabotage national unity. This is the case in every country with rule of law."

On 29 March, in response to various NGO statements regarding the disappearance of Panchen Rinpoche, Gunchok Tsering from the Chinese Delegation, said in a "right of reply" that the choosing of the Panchen Lama had been made with full respect for the traditions and teachings of the Buddhist religion; historical practices had been strictly followed, despite unwarranted interference by the Dalai Lama. As for the boy erroneously appointed by the Dalai Lama, he was leading a healthy, normal life. Remarks about his imprisonment or death were nothing but malicious rumours. Such rumours were intended to undermine China's national solidarity.

On 1 April, in response to Mrs. Tsering Norzom's statement, Choegyal, another Tibetan in the Chinese delegation, making a "right of reply" for China said a few NGOs had accused the Chinese Government of violating human rights in Tibet. All this was no more than unfair effort to interfere in China's internal affairs. As a Tibetan, he wished to speak straightly. Tibet had been given preferential treatment by the Government for decades -- over 40 projects already completed there had exceeded $3 billion, greatly aiding development in Tibet. China had spent great amounts also to protect and foster Tibetan culture, including the restoration of religious sites. Meanwhile, the Tibetan population had been allowed to grow at an impressive rate.

As the Commission discussed Item 15 (Report of the 47th Sub-Commission on Prevention of Discrimination and Protection of Minorities), Mr. Liu Xinsheng of the Chinese Delegation said: "The Chinese delegation considers that, being an organ of independent experts, the Sub-Commission is by nature different from this Commission. The Sub-Commission should concentrate on studying questions of a universal nature in the field of human rights with a view to providing advisory opinions to this Commission. We hope that the Sub-Commission would work in keeping with its mandate in an effort to avoid getting involved with matters not directly related to human rights. There is also no need for it to invest most of its energy on country-specific situations." The UN Sub- Commission adopted resolution 1991/10 on 23 August 1991 on the human rights situation in Tibet.

On 4 April, Mr. Chen Weidian speaking under Item 8 on behalf of the Chinese Delegation said: "To ban all forms of torture and strictly punish all criminal acts of this kind are provided for in China's law. This has also been the consistent position of the Chinese Government. China's Constitution provides for the protection of all the basic rights of Chinese citizens from any forms of infringement. The Criminal Law, Criminal Procedure Law and other laws set forth in definite terms provisions, including that no on is allowed, no mater under what pretext, to subject others to torture or maltreatment, insult his dignity; the victim of torture, be him injured or killed, has the right to claim for compensation. These provisions have provided a practical and effective legal framework for the prevention of torture."