Published by: World Tibet Network News Wednesday - September 10, 1997

Tibet Raised at UN Human Rights Meeting

Forum Urged to Study Contemporary Forms of Colonisation in Tibet & To Pay Closer Attention to the Situation in Tibet

Released by TIBET BUREAU, Geneva

Geneva, 10 September - A Tibetan delegation consisting of officials of the Tibetan Government in Exile and representatives of Tibetan NGOs participated at the 49th session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities from 4 to 29 August this year at the United Nations here. Mrs. Chungdak Koren, Representative of H. H. the Dalai Lama for UN Affairs said that the main objective of the Tibetan delegation was to report to the Sub-Commission about the deteriorating situation of human rights and fundamental freedoms in Tibet.

During the four-week session of this UN human rights body, the Tibetan

delegates delivered four oral statements on behalf of Worldview International Foundation and Society for Threatened Peoples, two NGOs with ECOSOC Status with the UN. These statements were read by Ms. Phurbu Dolma (Tibetan Women's Association), Ms. Tenzin Chokey (Tibetan Centre for Human Rights and Democracy) and Mr. Ngawang C. Drakmargyapon (Tibet Bureau). Other NGOs who referred to the human rights situation in Tibet in their oral statements were Pax Christi International, France-Libertees-Foundation Danielle Mitterrand and Transnational Radical Party. Additionally, five written statements on Tibet submitted by NGOs

were published as UN documents for the Sub-Commission to study.

The statements on Tibet briefed the Sub-Commission of how the overall human rights in Tibet has worsened since its resolution 1991/10 of the 43rd session. Issues affecting the civil, political, economic, cultural and religious rights of the Tibetan people were raised. More prominently situations and cases pertaining to human rights of detainees, women's rights, rights of the child, racial discrimination, religious freedom, population transfer, militarisation of the Tibetan plateau and the incommunicado detention of Gedhun Choekyi Nyima, the

Eleventh Panchen Lama of Tibet.

As the Tibetan delegation followed the session inside the United Nations, The Tibetan Community Switzerland organised four Vigils in front the United Nations on 4, 12, 18 and 29 August. In a petition addressed to the Sub-Commission, the Community urged the United Nations to "urgently place the issue of Tibet, including the deplorable human rights situation on its agenda. Time is running out for Tibet and we believe that the international community has the moral responsibility to save Tibet before it is too late." The Vigil on 18 August was specially organised to protest against the performance of a so-called "Chinese-Tibet Songs and Dance Ensemble" inside the United Nations. In this regard, representatives of Tibetan Youth Congress, Tibetan Women's Association and Tibetan Centre for Human Rights and Democracy gathered a petition signed by 58 national and international NGOs to urge Mr. Vladimir Petrovsky, Director-General of the UN Office in Geneva, to disassociate himself from the performance. The petition a

lso said that the UN premises "should not become a platform to either misrepresent an ancient cultural tradition or to serve the political objectives of a member State."

On 25 August during a briefing on Tibet organised at the UN by Worldview International Foundation a new report called "China's Tibet - The World's Largest Remaining Colony" was released by Dr. Michael van Walt, the Secretary-General of Unrepresented Nations and Peoples Organisation (UNPO). Tibet was one of the founding members of the organisation which now has 50 members who represent Nations, Indigenous Peoples and Minority Groups.

The report was a result of a fact-finding mission commissioned by UNPO which visited Tibet, Nepal and India this April/May. Prof. Cees Flinterman, professor of International Law at the University of Maastricht in The Netherlands who led this Mission said during the briefing that the current situation in Tibet was that of a de-facto colony of the People's Republic of China according to the Mission's assessment and findings. Other members of the Mission were Ms.

Josephine Verspaeget, a Dutch parliamentarian and Senator David Norris

from the Republic of Ireland.

On the evening of 25 August, Prof. Cees Flinterman's statement on behalf of Worldview International Foundation to the Sub-Commission urged the body to seriously consider the study of contemporary forms of colonisation in its future sessions. The statement cited the example of Tibet based on the findings of the UNPO report which concluded that all major criteria for colonialism existed in Tibet.

China reacted in strong terms to the release of this report on UN premises and reportedly complained to the UN Secretariat here for allowing the meeting to take place. On 26 August, the Chinese Mission in Geneva issued an official statement to refute the findings of the report jointly published by UNPO, Tibet Support Group-The Netherlands and International Campaign for Tibet. The report was the result of 1995 UNPO General Assembly Resolution 9 on Tibet, particularly its call to organise a fact-finding mission to Tibet that later received support

from TSG-The Netherlands and ICT.

The Chinese delegates made three "right of reply" against the statements on Tibet which criticised Beijing over its human rights record in Tibet at the Sub-Commission. To the Worldview International Foundation statement by Prof. Flinterman, Mr. Shen Yongxiang said that his government had never invited them (UNPO Mission) to investigate the situation nor had they been mandated by the United Nations. Those people had used irregular means to sneak into a developing country and instigate separatism, he added.

This year, representatives of Tibetan Community in Switzerland, Tibetan Community in Italy, Tibetan Women's Organisation in Switzerland, Tibetan Youth Congress, Tibetan Women's Association and Tibetan Centre for Human Rights and Democracy attended UN the Commission on Human Rights and the Sub-Commission in full or in part. Tibet Bureau was able to make these participation possible under its 1997 project, "Human Rights Education Campaign in Tibetan Community" wherein one objective was to educate Tibetans about the UN system and its human rights protection and promotion mechanisms.

The Sub-Commission on Prevention of Discrimination and Protection of Minorities was established in 1946 with 12 members which was later increased to 26 in 1969 "to ensure adequate representation of different regions, legal systems and cultures." The main function of this body is to make recommendations to the Commission on Human Rights on any matters related to promotion and protection of human rights and fundamental freedoms, particularly through thematic studies. The submission this year of the Final Report on Population Transfer for the consideration of the Sub-Commission is one example of the various studies being

undertaken by the body.

The Sub-Commission is the only UN human rights body composed of Experts who have the authority to adopt resolutions and decisions on country situations and thematic issues related to human rights. However, the Sub-Commission's credibility as an independent human rights body composed of Experts who act "in their personal capacity" has been questioned repeatedly in recent years.

The 26 Experts, one of whom is a former Chinese Ambassador in Geneva, are nominated by their respective governments to be elected by the UN Commission on Human Rights for a term of four years. Seven of these Experts come from African States; five from Asian States; six from Western European and Other States; five from Latin American States and Caribbean States; and three from Eastern European States.

On 23 August, 1991 the Sub-Commission became the first UN body since 1965 to adopt a resolution on Tibet calling upon the Chinese authorities "fully to respect the fundamental human rights and freedoms of the Tibetan people". This landmark resolution placed the "Situation in Tibet", for the first time, on the agenda of the UN Commission on Human Rights in 1992.