|
| Home Search Printer Friendly | Subscribe/Unsubscribe to Commission Email & Newsletter |
|
Return to the 2006 Annual Report Home Page The CECC has prepared the following HTML version of its 2006 Annual Report for the readers' convenience. If you would like to view the official Government Printing Office text of the Annual Report, please refer to the Adobe Acrobat PDF or Plain Text Format versions. CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA 2006 ANNUAL REPORT VIII. Tibet
The Chinese government and the Communist Party give economic development in Tibetan areas of China a higher priority than protecting basic human rights such as the freedoms of religion, speech, and assembly. Chinese officials provide economic statistics1 to demonstrate Tibetan progress, but Tibetans continue to struggle with poverty, suffer from inadequate education, and face a growing number of better-educated ethnic Han who travel to Tibetan areas and compete for jobs and other economic benefits. The government can strengthen China's ethnic and national unity by improving the implementation of the Regional Ethnic Autonomy Law, and by ensuring that Tibetans can manage their affairs, become equal competitors with their neighbors, and preserve their unique cultural, religious, and linguistic heritage.2 The Status of Discussion Between China and the Dalai Lama U.S. government policy on Tibet recognizes the Tibet Autonomous Region (TAR) and Tibetan autonomous prefectures and counties3 in other provinces to be a part of China.4 The State Department's annual Report on Tibet Negotiations detailed the U.S. government's steps to encourage Chinese officials to "enter into a dialogue with the Dalai Lama or his representatives leading to a negotiated agreement on Tibet."5 The Report described the Dalai Lama as someone who "represents the views of the vast majority of Tibetans," and expressed encouragement that Chinese officials invited the Dalai Lama's envoys to visit China in February 2006 (2005 visits also cited). The Report states, "The Administration believes that dialogue between China and the Dalai Lama or his representatives will alleviate tensions in Tibetan areas and contribute to the overall stability of China." The Report notes, however, that "the lack of resolution of these problems leads to greater tensions inside China and will be a stumbling block to fuller political and economic engagement with the United States and other nations."6 In 2005, the Dalai Lama increased his efforts to explain that he does not seek Tibetan independence from China. During a religious teaching in India in January 2006, the Dalai Lama spoke to some 9,000 Tibetans who traveled from Tibetan areas of China to be among the estimated 90,000 attendees.7 In his closing remarks, the Dalai Lama told them that he does not seek Tibetan independence, and that he is working for a solution based on the Middle Way Approach8 and within the existing Chinese constitutional framework.9 He urged Tibetans returning to China to tell other Tibetans about the importance of his approach for ensuring genuine autonomy for Tibetans.10 The Dalai Lama's envoys traveled to China for a fifth round of dialogue with Chinese officials in February 2006.11 Special Envoy Lodi Gyari12 and Envoy Kelsang Gyaltsen did not travel to the TAR or one of the Tibetan Autonomous Prefectures (TAPs) in other provinces, as they did during previous trips to China.13 Instead, they visited the Guangxi Zhuang Autonomous Region to observe "the situation" in one of the other five provincial-level ethnic autonomous regions, and to meet with Zhu Weiqun, the deputy head of the Communist Party's United Front Work Department (UFWD). Gyari explained that as a result of the visit, "today there is a better and deeper understanding of each other's position and the fundamental differences that continue to exist in the position held by the two parties." A Tibetan government-in-exile representative told reporters in July 2005 that the most fundamental difference is over "the definition of Tibet," and explained, "While China sees Tibet as the area included under the Tibet Autonomous Region, Tibetans claim a much larger area14 where the culture and language are Tibetan."15 After the envoys returned to India, the Dalai Lama focused his annual March 10 statement16 entirely on the dialogue, emphasizing his commitment to the dialogue process and expressing his wish to visit China. He summarized his position by saying, "I have only one demand: self-rule and genuine autonomy for all Tibetans, i.e., the Tibetan nationality in its entirety. This demand is in keeping with the provisions of the Chinese Constitution, which means it can be met."17 The Dalai Lama stated that his envoys relayed a request to Chinese leaders to permit him to visit China as a religious pilgrim. "As well as visiting the pilgrim sites, I hope to be able to see for myself the changes and developments in the People's Republic of China," he said.18 Tashi Wangdi, the Dalai Lama's representative to the Americas, told a Commission roundtable in March 2006 that the Chinese government's basic concern is the "unity, territorial integrity, and economic health of the country." A resolution of the Tibetan issue would contribute to China's national interests, he said, and if the Dalai Lama were to visit China, it would be a "win-win situation" for the Chinese leadership: The Middle Way Approach adopted by His Holiness will in fact reinforce and strengthen all this. . . . One of the most effective ways of creating the right atmosphere is through personal contact and face-to-face meetings. It is with this in mind His Holiness the Dalai Lama had conveyed to the Chinese government through his envoys his wish to visit some of the holy Buddhist pilgrimage sites in China.19 The Tibetan government-in-exile's March 10, 2006, statement declared support for the Dalai Lama's policy, and described Tibetans as "one of China's 55 minority nationalities."20 The statement noted that "before 1951 [Tibetans] all lived together in small, compact groups in a contiguous chain," and argued that administrative unity of that territory is necessary to protect Tibetan culture: In essence, we have always said that the need to have genuine autonomy for the three provinces of Tibet or the entire Tibetan people is the basic principle. We cannot compromise on this principle. . . . Because of these reasons,21 we have proposed the need to have unification of all the Tibetans, with the status of genuine autonomy. This demand is in accordance with Marxist and Leninist principles and the provisions of the Chinese Constitution. Chinese officials say that the Dalai Lama's proposal to combine existing areas of Tibetan autonomy22 and implement genuine autonomy is not consistent with the Chinese Constitution and laws. Lhagpa Phuntsog (Laba Pingcuo), Secretary General of the China Tibetology Research Center and former Vice Chairman of the TAR, told reporters in May 2006 that the Dalai Lama had raised two principal issues, "greater Tibet" and "real autonomy." He said that the Dalai Lama's demands "don't match the history of Tibet," and that changing the status quo would not accord with the Chinese Constitution or the Regional Ethnic Autonomy Law (REAL).23 Sun Yuxi, the Chinese Ambassador to India, told reporters in October 2005 that the Dalai Lama's request for a legal system "something like that of Hong Kong," is not possible, and that a "larger Tibet, [that would] include part of four more Chinese provinces," is "technically not acceptable."24 In July 2006, Wu Yingjie, the Vice Chairman of the TAR government, rejected the Dalai Lama's objective that a Tibetan autonomous area should have a democratically elected government, according to a Hong Kong news media report.25 According to Wu, the Dalai Lama has said26 that if he returns to China, the Chinese government should create a greater Tibet and allow democracy within it. Wu said that it is not possible for the Chinese government to accept the Dalai Lama's conditions, and that Tibetans enjoy prosperity under Party leadership and are reluctant to see the Dalai Lama return.27 Chinese government officials express interest in continuing the dialogue, but blame the Dalai Lama for the lack of substantive progress, claiming that he is attempting to "split the motherland."28 China's Ministry of Foreign Affairs accused the U.S. Congress on September 14, 2006, of sending a "severely wrong signal to the 'Tibet-independence' forces"29 after the U.S. House of Representatives passed a bill the previous day authorizing the Dalai Lama to receive the Congressional Gold Medal.30 After the Dalai Lama's envoys visited China in February, Foreign Ministry spokesperson Qin Gang told reporters that the Dalai Lama "steals his way to this or that corner of the world" in order to "split our motherland."31 Jampa Phuntsog (Xiangba Pingcuo), Chairman of the TAR government, however, recognized the envoys' visit in frank remarks to reporters in Beijing on March 6: "We cannot call the talks negotiations now. They are just dialogue, or contact, but the channels for communication have always been smooth. . . . We will have further discussions in [the] future. But we haven't yet reached the stage of substantive negotiations."32 Tibetans could benefit from full implementation of the REAL, but the lack of local self-government in Tibetan autonomous areas of China creates mistrust in the dialogue and demonstrates that authorities are not implementing this law. The REAL asserts in its Preamble that the practice of autonomy "reflects the state's full respect for and guarantee of ethnic minorities' right to administer their internal affairs."33 Article 7 of the REAL, however, requires that local autonomous governments "place the interests of the state as a whole above all else and actively fulfill the tasks assigned by state organs at higher levels."34 A 2004 Harvard University study of autonomy in Tibetan areas of China considered a compilation of 161 laws and regulations, and found that poor implementation negates the value of autonomy legislation and erodes the rule of law.35 A University of Hong Kong professor pointed out in March 2006 that regional ethnic autonomy is "very restricted" because "Beijing can override it through either legislation or administrative decisions."36 "Today, the concept is valued primarily for speeding up economic and industrial development, which itself threatens the cultures and languages of minorities," according to the professor's article. The central government and Party defend the regional ethnic autonomy system, asserting that it is successful. A February 2005 State Council White Paper declared that regional ethnic autonomy is "a correct solution to the issue of ethnic groups," and that more than 50 years of implementation prove that the system is "immensely successful."37 At a meeting chaired by President and Party General Secretary Hu Jintao in August 2005, the Politburo considered "Tibet work in the new century" and declared that "the ethnic regional autonomy system has been continually consolidated and perfected, and the people of all ethnic groups fully enjoy their rights as masters of the country."38 Some Tibetans reject the Dalai Lama's offer to resolve the issue within the framework of the Chinese Constitution and autonomy, and their willingness to speak out is increasing. For example, the chairman of the oldest Tibetan advocacy group in the United States told a Commission roundtable in March 2006 that the dialogue has not resulted in "any tangible progress."39 He said that he believes most Tibetans want independence, but they support the Middle Way Approach because of their high regard for the Dalai Lama. He warned that Chinese leaders may be mistaken if they expect the Tibet issue to fade away after the Dalai Lama passes away: Rather than the issue dying away, there is a greater likelihood that the issue will destabilize, with future generations of very frustrated Tibetans resorting to other means to bring freedom to Tibet. The role and the position of the Dalai Lama has been a great stabilizer for the Tibetan community, the Free Tibet Movement, and even the world.40 The Chinese government portrays as terrorists some Tibetans living outside of China who call for independence,41 but has not provided evidence for this designation. In February 2004, a Chinese public security journal described the Tibetan Youth Congress (TYC), a pro-independence NGO based in India that claims 20,000 members worldwide,42 as "the extremists among the new generation of the Dalai Lama group."43 The article claimed, "It can be said that every violent terrorist activity that took place in the Tibetan regions was intricately connected with extremist organizations such as the TYC."44 An August 2005 article in China's Tibet magazine charged that "[TYC] diehards stick to 'Tibetan independence,' stand for violence, and work hand-in-glove with international terrorists to form terrorist organizations in India."45 Some Tibetans, especially the younger generation, are questioning the non-violent message of Buddhist philosophy. TYC President Kalsang Phuntsok acknowledged in December 2005 that "a huge section of the Tibetan youth community" believes that the Tibetan independence movement "is like any other movement:" There is no reason for us to restrain ourselves just because we are Buddhist or just because we have a leader of His Holiness's stature. . . . [We] have a youth section which is not so much influenced by the Buddhist philosophy. They are very much attracted by the movements which are going on all over the world, mostly violence-infested movements, and people see they are achieving results. They look around everywhere, whether it's Israel or Palestine or the Middle East--these give them every reason to believe in every [violent] movement that is being waged on this Earth.46 A senior broadcaster for the Voice of America summarized the complexities of the outlook for dialogue at a March 2006 Commission roundtable: Cumulatively, these disparate variables have had the effect of creating conditions more favorable to a strategy of engagement for Beijing. But while it seems likely that China will, for the time being, continue to pursue talks with the Dalai Lama, it seems equally unlikely that the two parties can expect to begin discussing matters of substance under present circumstances. . . . [T]he question now for Beijing is whether its deferral of substantive negotiations risks forgoing an historic opportunity to reach a lasting solution on the dispute over Tibet.47 Culture, Development, and Demography The Chinese government favors accelerating implementation of development initiatives, especially the Great Western Development program (GWD),48 that already erode Tibetan culture and heritage. Minister Li Dezhu of the State Ethnic Affairs Commission (SEAC) described GWD in 2000, the first year of implementation, as "the necessary choice for solving China's nationality problems under the new historical conditions."49 He pointed out that GWD will integrate ethnic minorities into the mainstream of "marketization and socialization," saying, "[E]ach nationality will become more strongly unified with each day under the centripetal force . . . of the large family of the Chinese nation." Implementation of programs such as GWD encourages Han migration into Tibetan and other ethnic areas, a movement that Li described as a westward flow of "human talent" that would result in "clashes and conflicts" between ethnic groups. Li warned that clashes must be "handled well," or there would be a detrimental effect on national unity and social stability.50 The Regional Ethnic Autonomy Law (REAL) provides local autonomous governments the right to modify or cancel the implementation of higher-level laws and regulations,51 but the central government overrides the rights of local governments by passing laws that ensure implementation of central government policies such as GWD. Li said in 2000 that the state "must use legal methods to provide legal guarantees for the implementation of these policies, and safeguard implementation [of GWD] with laws and regulations."52 A March 2004 State Council paper called on the government to "speed up the pace of law-making as it pertains to the development of the West, to provide a legislative guarantee for the development of the West."53 In March 2006, Wang Jinxiang, Vice Minister of the National Development and Reform Commission and Deputy Director of the State Council Office of the Leading Group for Western Region Development, said that the National People's Congress is preparing a draft law that "aims to create a favorable legal environment and support for a smooth implementation of the western region development program."54 If enacted, this law would be the first national law created solely for the development of a single region, according to Wang. Senior government and Party officials emphasized the importance of hastening the implementation of development policies when they attended a September 2005 ceremony in Lhasa marking the 40th anniversary of the establishment of the TAR.55 Jia Qinglin, a Politburo Standing Committee member, led the delegation and told an assembly of Party cadres in Lhasa that the pace of change in the TAR must be quickened from "accelerated development" to "development by leaps and bounds."56 Jia listed priorities that include boosting rural Tibetan living standards and income, increasing infrastructure construction, and consolidating the TAR's ties with China's populous east, along with the political objective of cracking down on expression and activity that the Party characterizes as "separatist and sabotaging activities."57 The latter descriptions can apply to peaceful expressions of devotion to the Dalai Lama, and Tibetan complaints about Chinese policies. Authorities in Lhasa tightened security before the anniversary and detained as many as 10 Tibetans,58 including Sonam,59 a monk employed at the Potala Palace, and Sonam Gyalpo,60 a Lhasa tailor who had video and printed material in his home featuring the Dalai Lama. The Qinghai-Tibet railway, officially designated as a key GWD project,61 began passenger service in July 2006, ahead of scheduled completion in 2007,62 increasing Tibetan concerns about the railway's potential effects on the Tibetan culture and environment.63 President Hu Jintao inaugurated the railway at a ceremony in Golmud city, Qinghai province. Hu described the railway's completion as "an important expression of the constant increase in the comprehensive national strength of our country," and of "very great significance" to speeding up regional economic and social development and "enhancing ethnic solidarity and consolidating the motherland's frontier defense."64 Ragdi (Raidi), an ethnic Tibetan who is a Vice Chairman of the National People's Congress Standing Committee (NPCSC) and former Chairman of the TAR People's Congress, described the railway during its first week of operation65 as the Tibetan people's "road to heaven," and predicted that it would "have a profound and far-reaching historical significance."66 In August, an official announced that the government plans to extend the railway westward from Lhasa to Rikaze, the TAR's second largest city, within three years.67 State-run news media reports about the railway's startup rejected assertions that operating the railway will result in increased Han migration into the TAR, or threaten the Tibetan culture and environment. A Xinhua editorial published on July 1 dismissed claims that "an influx of the Han people" would lead to Tibetan "cultural genocide,"68 countering that the railway will benefit Tibetans by providing them access to "modern civilization."69 Lhasa mayor Norbu Dondrub said the same day, "Tibetan culture will not disappear when there is market demand for it. The Tibetan culture will not have fundamental changes with the opening of the Qinghai-Tibet Railway. On the contrary, it has a bright future."70 Wu Yingjie, Vice Chairman of the TAR government and head of the provincial Propaganda Bureau,71 told foreign reporters in July that, "Tibet's unique natural conditions make it impossible for the Han people and other ethnic groups to settle down here,"72 a statement that is inconsistent with Chinese census statistics that document the increasing Han population in the TAR.73 Chinese news reports described the passengers expected to use the new railway as tourists, visitors, or travelers. Chairman of the TAR government Jampa Phuntsog (Xiangba Pingcuo) acknowledged on July 4 that the railway will bring "a lot of travelers" to the TAR and build the tourism industry, but the railway would not have "a great impact" on the Tibetan environment.74 A TAR tourism official announced in May that 4,000 "tourists"75 will arrive in Lhasa every day after the railway is operating, and that the railway would bring an additional 400,000 visitors to the TAR during the remainder of 2006.76 Official estimates are not available of the number of persons the government expects to arrive by train in Lhasa who will seek employment, conduct business, engage in a professional practice, or remain in the area for other reasons. As the inauguration date of the 33 billion yuan (US$4.12 billion)77 railway approached, Chinese officials and experts disclosed that thawing permafrost on the Qinghai-Tibet Plateau could adversely affect operation of the railway, but officials did not warn of any immediate risks. Professor Wu Ziwang, an expert at the Chinese Academy of Sciences frozen soil engineering laboratory,78 said in January 2006 that the permafrost layer on the Qinghai-Tibet Plateau is melting and will continue to deteriorate due to global warming.79 "I am worried that after ten years the railroad will be unsafe," he said. In February, Wu observed that faster thawing of the permafrost "might greatly increase the instability of the ground . . . where major projects such as highways or railways run through."80 La Youyu, the Deputy Director General of the railway's construction headquarters, disclosed in August 2005 that about 340 miles of track crosses frozen earth that "is vulnerable to climate change" and "will thaw in summer and distend the railway base in winter."81 Supreme People's Court (SPC) and Party officials opened a conference on June 15 that considered the role the judiciary should play in maintaining social stability following the opening of the Qinghai-Tibet railway in July.82 SPC Vice President Zhang Jun said that the railway has an important role in the GWD program, and that the inauguration of the rail service would create "new demands regarding the work of the courts." He stressed that courts along the rail line, the principal terminals of which are Lhasa and Xining, the capital of Qinghai province, must strengthen their "communication and cooperation" to coordinate efforts to "resolve problems." The courts of both the TAR and Qinghai province must be active participants in the "comprehensive management of public security" to "assure the harmony and stability of the Qinghai-Tibet area, particularly the safe operation of the railroad," Zhang said.83 Wang Yibin, a TAR Communist Party Standing Committee member and the head of the TAR Public Security Bureau, also spoke at the conference and provided specific judicial "requirements" linked to the TAR's "current anti-splittist struggle and public security situation."84 The requirements included: increasing the force of "strikes against all categories of criminal activity;" establishing a legal environment that is "favorable to the safety of the railroad;" and protecting the legal rights and interests of workers while "preventing and appropriately handling mass incident work."85 Chinese law, government and Party policies, and official statements increase Tibetan concerns that programs such as GWD86 and projects such as the Qinghai-Tibet railway will lead to large increases in Han migration. In an unusual statement, a China Daily report in October 2005 described the government's expectation that the railway will "attract tourists, traders, and ethnic Chinese settlers" to the region.87 The implementation provisions of the REAL issued in May 2005 instruct the state to encourage and support "talents of all categories and classes to develop and pioneer in ethnic autonomous areas."88 The Provisions require local governments to provide newly arriving "talent" with "preferential and convenient working and living conditions," and to ensure that their dependents and children "enjoy special treatment in employment and schooling."89 An opinion paper circulated by the Party Central Committee and the government in July 2005 called for "a large number of trained personnel, especially graduates of schools of higher learning, to go to [grassroots areas, especially the western region] to render meritorious service and make a distinguished career."90 The paper advises the state to offer incentives, such as full repayment of academic loans, to graduates who work for an unspecified number of years in "harsh areas."91 The Chinese government hampers objective study of regional social and economic issues by providing inadequate or misleading information about the number of ethnic Han who live, work, and trade in Tibetan autonomous areas. The Commission's 2005 Annual Report showed that official Chinese census data portray ethnic Han population as decreasing in 10 of 13 Tibetan autonomous areas between 1990 and 2000,92 a decline that contradicts the visible changes evident in many Tibetan towns and cities, and raises questions about the reliability of the data.93 Comparing national census data with population data from provincial statistical yearbooks demonstrates that the yearbooks sometimes report even fewer Han in Tibetan areas than the census.94 Census data for 2000 reports 158,570 Han in the TAR,95 for example, but a TAR annual statistical yearbook reports only 72,122 Han in the TAR in 2000 (less than half the census figure).96 A Chinese academic study conducted in Lhasa in 2005 observed that GWD promotes the flow of "a large number of temporary migrants" into the TAR, and leads to increased competition between a "low quality" local Tibetan workforce and incoming (mostly Han) migrant workers.97 The authors, Professors Ma Rong and Tanzen Lhundup, examine the migrant population in Lhasa (Tibetan and non-Tibetan), and the role of local authorities in registering and managing the migrant population. The paper concludes that it is difficult to study temporary migrants in the TAR, and that the actual number of temporary migrants is much larger than official records reveal.98 The authors explain that temporary migrants keep moving seasonally, and usually try to avoid registering with local authorities in order to escape payment of fees and charges. Local governments are understaffed with inexperienced personnel and cannot keep track of the migrants.99 Education levels among Tibetans are much lower than those of ethnic Han,100 undermining the ability of Tibetans to compete for employment and other economic advantages in an emerging market economy that attracts an increasing number of Han. Based on 2000 census data, the Tibetan rate of illiteracy (47.55 percent) is more than five times higher than for Han (8.60 percent), while Han reach senior middle school at more than five times the rate of Tibetans (8.83 percent compared to 1.70 percent).101 Ma and Lhundup found similar patterns in their study of migrants in Lhasa: the rate of illiteracy among Tibetan migrants (32.3 percent) was almost 10 times higher than for Han migrants (3.3 percent),102 and Han migrants were better prepared to secure jobs that require skills learned in junior or senior middle school. Of the migrants surveyed, Han reached junior or senior middle school at about twice the rate of Tibetans: 53.7 percent of Han compared to 26 percent of Tibetans reached junior middle school, and 19.4 percent of Han compared to 9 percent of Tibetans reached senior middle school.103 The survey's population sample shows that the advantage Han migrants enjoy in the Lhasa job market is qualitative, based on their education levels, and also quantitative--there were at least four times as many Han migrants in Lhasa as Tibetan migrants.104 The difference in education levels heightens the barrier that rural Tibetans face, even compared to urban Tibetans, when they seek employment or commercial opportunities in urban centers.105 Tibetans living in towns and cities reached senior middle school at about 12 times the rate of Tibetans living in rural areas, according to official 2000 census data.106 Based on the same data, Tibetans with the least access to education--rural Tibetans--outnumbered Tibetan residents of towns and cities by more than five-to-one.107 The average income of TAR rural residents remains a fraction of urban income, but according to official data the gap has narrowed slightly. In 2000, the average TAR urban per capita income (6,448 yuan) was 4.84 times more than the average rural per capita income (1,331 yuan).108 In 2005, the average TAR urban per capita income (8,411 yuan) was 4.05 times higher than the average rural per capita income (2,075 yuan).109 The Chinese government implements policies intended to improve educational and economic opportunities for rural Tibetans,110 especially nomadic herders, but programs require Tibetans to participate on the government's terms. In the first three years of a pasture construction and nomadic settlement program launched in 2001, authorities in the TAR relocated 48,000 nomadic herders and settled them in fixed communities.111 A government program to settle nomadic herders, including Tibetans, in Qinghai province placed about 10,000 families in fixed communities by 2005.112 In Gansu province, a program started in the late 1990s to settle nomadic herders in Tibetan autonomous areas settled 7,000 families by 2004 and is expected to be complete in 2009.113 A U.S. Agency for International Development rangeland expert told a Commission roundtable in March 2004 that in his opinion, despite good government intentions,114 most Tibetan farmers and herders have not been able to participate fully in assessing, planning, and implementing the programs that affect their lives.115 Tibetan Culture and Human Rights The Chinese government strictly limits the rights of Tibetans to exercise the constitutionally guaranteed freedoms of religion, speech, and assembly. Communist Party political campaigns promote atheism and strengthen government efforts to discourage Tibetan aspirations to foster their unique culture and religion. Chinese authorities have punished Tibetans for peaceful expressions and non-violent actions that officials believe could undermine Party rule. The downward trend in the number of known Tibetan political prisoners,116 compared to an upward trend that peaked in the mid-1990s,117 suggests that Tibetans are avoiding the risks of direct protest against government policies, and turning to other, sometimes innovative, ways to express and protect their culture.118 An example of Tibetan cultural expression, and of the Dalai Lama's influence on Tibetans, emerged after the Dalai Lama told thousands of Tibetans gathered in January 2006 at a religious teaching in India,119 "I am ashamed and don't feel like living when I see all those pictures of people decorating themselves with skins and furs."120 He specifically referred to fur trim from rare and endangered animal species that some Tibetans use to decorate traditional garments. "Neither use, sell, or buy wild animals, their products or derivatives," he instructed the attendees. In February and March 2006, Tibetans in Tibetan autonomous prefectures in Qinghai, Gansu, and Sichuan provinces responded by conducting campaigns to collect and burn fur stripped from garments.121 Security officials detained and questioned the Tibetan organizers of at least two events and then released them, apparently without charge.122 At an event in March, the organizers took care to avoid provoking authorities,123 but participants openly displayed their devotion to the Dalai Lama.124 Police monitored the scene, but did not detain or question any participants, or prevent the Tibetans from burning the fur.125 Chinese authorities carried out 24 known political detentions of Tibetans in 2005, an increase compared to the 15 such detentions in 2004, according to information available in the Commission's Political Prisoner Database (PPD) as of August 2006. Of the political detentions in 2005, 10 took place in the Tibetan Autonomous Region (TAR), 8 in Qinghai province, and 6 in Gansu province. None of the known political detentions of Tibetans in 2005 took place in Sichuan province, although Sichuan was the location of the largest number of new cases from 2001-2004.126 In January 2006, a court in Gannan Tibetan Autonomous Prefecture in Gansu province sentenced Tibetan monks Dargyal Gyatso and Jamyang Samdrub, and nuns Choekyi Drolma, Tamdrin Tsomo, and Yonten Drolma to up to three years' imprisonment for displaying and distributing letter-sized posters critical of the Chinese government.127 The nuns are the first nuns known to be imprisoned in Gansu province since this period of Tibetan political activism began in 1987.128 The PPD listed 103 known cases of current Tibetan political detention or imprisonment as of August 2006, a figure that is likely to be lower than the actual number of Tibetan political prisoners. Reports of Tibetan political imprisonment often do not reach monitoring groups until at least one or two years after the detentions occur. Approximately 55 of the Tibetans are believed to be detained or imprisoned in the TAR, approximately 25 in Sichuan province, fewer than 15 in Qinghai province, and 6 in Gansu province. Based on sentence information available for 70 of the current prisoners, the average sentence is approximately 10 years and 11 months.The Commission welcomed the decision by Chinese authorities to permit nun Phuntsog Nyidron to travel to the United States in March 2006 to receive medical treatment.129 Lhasa authorities imprisoned her for more than 14 years for participating in a peaceful political demonstration, and then for secretly recording songs that criticized the Chinese government's rule of Tibetans while she was in prison.130 In another development, the Lhasa Intermediate People's Court commuted Bangri Chogtrul's sentence from life imprisonment for "splittism"131 to a fixed term of 19 years in July 2003, and then reduced his sentence by an additional year in November 2005, according to a February 2006 NGO report.132 The same court sentenced Nyima Choedron, Bangri Chogtrul's wife, to 10 years' imprisonment on the same charge in September 2000, and subsequently reduced her sentence twice, by 18 months in 2002 and 1 year in 2004. Officials released her on February 26, 2006, after commuting the final year of her sentence.133 No new developments were reported in the cases of prisoners Ngawang Phuljung (a monk serving a 19-year sentence since 1989), Choeying Khedrub (a monk serving a life sentence since 2000), or Tenzin Deleg (a lama imprisoned in 2002, serving a life sentence). (See Section VI--Tibet of the CECC 2005 Annual Report for more information about these cases.) Manfred Nowak, UN Special Rapporteur on Torture, reported after his visit to China in late 2005 that TAR authorities opened Qushui Prison, near Lhasa, in April 2005 for male prisoners serving sentences longer than 15 years, as well as prisoners sentenced as a "principal" criminal when more than one person commits a "joint crime."134 NGO reports of Tibetan political prisoners in Qushui Prison have confirmed few by name, although according to a Commission staff analysis about 25 political prisoners, most of them transferred from Lhasa's TAR Prison (Drapchi), are likely to be imprisoned in Qushui Prison.135 Nowak interviewed three Tibetan political prisoners at Qushui Prison: Jigme Gyatso136 (a former monk imprisoned in 1996 who is serving a 17-year sentence), Bangri Chogtrul,137 and Lobsang Tsultrim138 (a monk serving a 14-year sentence since 1995). Each prisoner recounted his personal experience of beating, torture, or other abuse during imprisonment. Jigme Gyatso reported that authorities extended his 15-year sentence by an additional 2 years after he shouted slogans in March 2004 calling for the Dalai Lama's long life.139 The prisoners told Nowak that conditions in Qushui Prison are harsher than those in TAR Prison, and they said that imprisoned monks are forbidden to pray.140 Notes to Section VIII--Tibet 1 "Tibet Sees Record High Per Capita GDP in 2005," Xinhua (Online), 13 January 06.<news.xinhuanet.com> Jampa Phuntsog (Xiangba Pingcuo) told reporters that the TAR GDP grew to 25.04 billion yuan in 2005, an increase of more than 12 percent for the fifth consecutive year. 2 Office of the Special Coordinator for Tibetan Issues, U.S. Department of State, Report on Tibet Negotiations, April 2006. U.S. policy urges China to "respect the unique religious, linguistic, and cultural heritage of its Tibetan people and to respect fully their human rights and civil liberties." Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, Country Reports on Human Rights Practices--2005, China (includes Tibet, Hong Kong, and Macau), 8 March 06. The report observes, "The preservation and development of the unique religious, cultural, and linguistic heritage of Tibetan areas and the protection of Tibetan people's fundamental human rights continued to be of concern." See also, CECC, 2003 Annual Report, 2 October 02; Teaching and Learning Tibetan: The Role of Tibetan Language in Tibet's Future, Staff Roundtable of the Congressional-Executive Commission on China, 7 April 03. 3 Steven Marshall and Susette Cooke, Tibet Outside the TAR: Control, Exploitation and Assimilation: Development with Chinese Characteristics (Washington D.C.: self-published CD- ROM, 1997), Table 7. The 13 Tibetan autonomous areas include the provincial-level Tibet Autonomous Region (TAR), with an area of 1.2 million square kilometers (463,320 square miles), as well as 10 Tibetan autonomous prefectures (TAP) and two Tibetan autonomous counties (TAC) located in Qinghai, Gansu, Sichuan, and Yunnan provinces. Qinghai province: Yushu TAP, 197,791 square kilometers (76,367 square miles); Guoluo (Golog) TAP, 78,444 square kilometers (30,287 square miles); Huangnan (Malho) TAP, 17,901 square kilometers (6,912 square miles); Hainan (Tsolho) TAP, 41,634 square kilometers (16,075 square miles); Haibei (Tsojang) TAP, 52,000 square kilometers (20,077 square miles); Haixi (Tsonub) Mongol and Tibetan AP, 325,787 square kilometers (125,786 square miles). Gansu province: Gannan (Kanlho) TAP, 45,000 square kilometers (17,374 square miles); Tianzhu (Pari) TAC, 7,150 square kilometers (2,761 square miles). Sichuan province: Ganzi (Kardze) TAP, 153,870 square kilometers (59,409 square miles); Aba (Ngaba) Tibetan and Qiang AP, 86,639 square kilometers (33,451 square miles); Muli (Mili) TAC, 11,413 square kilometers (4,407 square miles). Yunnan province: Diqing (Dechen) TAP, 23,870 square kilometers (9,216 square miles). The Table provides areas in square kilometers; conversion to square miles uses the formula provided on the Web site of the U.S. Geological Survey (USGS): one square kilometer = 0.3861 square mile. Based on data in the Table, the 10 TAPs and two TACs have a total area of approximately 1.04 million square kilometers (402,000 square miles). The TAR and the Tibetan autonomous prefectures and counties are contiguous and total approximately 2.24 million square kilometers (865,000 square miles). Xining city and Haidong prefecture, located in Qinghai province, have a total area of 20,919 square kilometers (8,077 square miles) and are not Tibetan autonomous areas. 4 Office of the Special Coordinator for Tibetan Issues, U.S. Department of State, Report on Tibet Negotiations, April 2006. The Report is mandated by Section 611 of the Foreign Relations Authorization Act, 2003. See, Committee on International Relations (Online), U.S. House of Representatives, "Survey of Activities, Week of April 17, 2006," last visited 6 September 06.<www.internationalrelations.house.gov> The Survey of Activities lists receipt of the Report on Tibet Negotiations by the Committee on International Relations on April 14, 2006. 5 Ibid. "Encouraging substantive dialogue between Beijing and the Dalai Lama is an important objective of this Administration. The United States encourages China and the Dalai Lama to hold direct and substantive discussions aimed at resolution of differences at an early date, without preconditions." 6 Ibid. 7 Tibetan Government-in-Exile (Online), "Education Will Help Tibetans to Fight for Their Rights," 17 January 06.<www.cecc.gov> The Dalai Lama led an 11-day teaching known as the Kalachakra. 8 Tibetan Government-in-Exile (Online), "The Middle-Way Approach: A Framework for Resolving the Issue of Tibet," last visited 30 August 06.<www.tibet.net> The explanation of the Middle-Way Approach lists eight "important components." The first three are: (1) Without seeking independence for Tibet, the Central Tibetan Administration strives for the creation of a political entity comprising the three traditional provinces of Tibet; (2) Such an entity should enjoy a status of genuine national regional autonomy; (3) This autonomy should be governed by the popularly-elected legislature and executive through a democratic process. 9 Tibetan Government-in-Exile, "Education Will Help Tibetans to Fight for Their Rights."<www.cecc.gov> 10 International Campaign for Tibet (Online), "The Kalachakra in India: Dalai Lama Tells Tibetans From Tibet They Are Key to Future," 11 January 06.<www.savetibet.org> "The Dalai Lama opened the Kalachakra teachings this week in Amravati, India, with a powerful statement urging Tibetans from inside Tibet to tell Tibetans when they return about the importance of the 'Middle Path' approach towards a genuine autonomy for Tibet." 11 Tibetan Government-in-Exile (Online), "Statement by Special Envoy Lodi Gyari, Head of the Delegation Sent by His Holiness the Dalai Lama to China," 25 February 06.<www.cecc.gov> Special Envoy Lodi Gyari and Envoy Kelsang Gyaltsen traveled with two senior aides, Sonam N. Dagpo and Bhuchung K. Tsering. The delegation visited China from February 15 to 23, 2006. 12 In addition to serving as the Dalai Lama's Special Envoy, Lodi Gyari is the Executive Chairman of the International Campaign for Tibet (ICT). According to the ICT mission statement, ICT "promotes self-determination for the Tibetan people through negotiations between the Chinese government and the Dalai Lama." The ICT Web site describes Tibet as an "occupied" country of 2.5 million square kilometers (965,000 square miles) with Lhasa as its capital. 13 The envoys traveled to China in September 2002, May-June 2003, and September 2004. (In addition to visiting Beijing and other major Chinese cities, they visited Lhasa in 2002, Dechen (Deqen) Tibetan Autonomous Prefecture (Yunnan province) in 2003, and Kardze (Ganzi) TAP (Sichuan province) in 2004. They met with Chinese officials in Bern, Switzerland in late June to early July 2005.) 14 The Tibetan government-in-exile's representation of Tibet exceeds the total area of Chinese-designated Tibetan autonomy by about 100,000 square miles. Aside from pockets of long-term Tibetan settlement in Qinghai, most of that is made up of autonomous prefectures or counties allocated to other ethnic groups. These include the Nu, Lisu, Bai, and Naxi in Yunnan Province; the Yi and Qiang in Sichuan Province; the Hui, Kazak, Mongol, and Yugur in Gansu Province; the Hui, Tu, Salar, and Mongol in Qinghai Province; and, according to some maps, Mongol in Xinjiang. Substantial Han Chinese populations are also included, some established for centuries. 15 "Spokesman: Differences on Tibet's Definition Persist Between China, Dalai Lama," Associated Press, reprinted in Phayul (Online), 8 July 05.<www.phayul.com> 16 The Dalai Lama has made a statement on the anniversary of the 1959 Lhasa uprising on March 10 of every year that he has lived in exile, beginning in 1960. 17 Office of His Holiness the Dalai Lama (Online), "Statement of His Holiness the Dalai Lama on the Forty-Seventh Anniversary of the Tibetan National Uprising Day, 10 March 2006," 10 March 06.<www.tibet.net> The Dalai Lama listed the unique characteristics of Tibetans: "Tibetans--as one of the larger groups of China's 55 minority nationalities--are distinct in terms of their land, history, language, culture, religion, customs, and traditions." 18 Ibid.<www.tibet.net> 19 The China-Dalai Lama Dialogue: Prospects for Progress, Staff Roundtable of the Congressional-Executive Commission on China, 13 March 06, Written Statement and Testimony of Tashi Wangdi, Representative of His Holiness the Dalai Lama to the Americas. 20 Tibetan Government-in-Exile (Online), "Statement of the Kashag on the 47th Anniversary of the Tibetan People's Uprising Day, 10 March 2006," 10 March 06.<www.tibet.net> 21 Ibid.<www.tibet.net> "[T]oday [Tibetans] are either scattered or live in these areas with a majority nationality. Therefore, [they] are reduced to minority [status] in their own areas, [and] it is not possible to protect their unique characteristics. . . . Therefore, if things go in this direction it would be nothing but similar to the system of 'divide and rule' practised under imperialism." 22 The Dalai Lama explained in an interview with the Voice of America Mandarin Service on September 11, 2003, that the existing areas of Tibetan autonomy should be joined together to form a single administrative area. International Campaign for Tibet (Online), "Dalai Lama Explains His Position on China's Preconditions on Negotiations on Tibet," 15 September 03.<www.savetibet.org> Transcript of Voice of America Mandarin Service interview with the Dalai Lama conducted by Zhang Jing, 11 September 03. Responding to a question about his concept of the "Tibet" that should have genuine autonomy, the Dalai Lama responded, in part, "But since I'm asking for a certain right which the Constitution of the People's Republic of China provided, within that [constitutional right], [I'm asking that] they be joined from small pieces, like autonomous regions, autonomous districts, autonomous prefectures, like that. So instead of many small, small autonomies, the self-administration, actually, as far as work is concerned, or effectiveness, is concerned, is more difficult. So a broader administration could be more effective." 23 "Dalai Lama's Demands Are Obstacle to Talks: China," Reuters, reprinted in Washington Post (Online), 26 May 06;<www.cecc.gov> "Dalai Returning to China--Experts Are Not Optimistic About It," Wen Wei Po, 27 May 06 (Open Source Center, 30 May 06). Wen Wei Po reported the same remarks by Lhagpa Phuntsog: "Dalai's proposal of building a great Tibet region and his demand of implementing a high degree of autonomy in Tibet are not in accord with the history of Tibet, China's Constitution, and the law governing regional national autonomy." 24 "Tibet No Longer a Chink in Bilateral Ties: China," Indo-Asian News Service (IANS), reprinted in Phayul (Online), 28 October 05.<www.phayul.com> 25 "Dalai's Return Based on What He Says and Does," Wen Wei Po, 5 July 06 (Open Source Center, 7 July 06). "Wu pointed out that at present, the Dalai Lama's continual launching of anti-Chinese political activities has undermined the peace and stability of Tibet. He [Dalai Lama] stated clearly that if he returned, the central government must accept two conditions: to build a great Tibet region, and to hold democratic elections in Tibet--and that seems to be definitely impossible." 26 Tibetan Government-in-Exile, "The Middle-Way Approach: A Framework for Resolving the Issue of Tibet."<www.tibet.net> The Dalai Lama's Middle Way Approach calls for "the creation of a political entity comprising the three traditional provinces of Tibet," for the political entity to "enjoy a status of genuine national regional autonomy," and that "autonomy should be governed by the popularly-elected legislature and executive through a democratic process." 27 "Dalai's Return Based on What He Says and Does," Wen Wei Po. "He added that in recent years under the CPC leadership Tibetans enjoy a standard of living just as prosperous as 'the blossoming of sesame seeds,' and thus they are reluctant to see the Dalai Lama return." 28 "Central Government Opens Door to Communicate with Dalai Lama: Says Tibetan Autonomous Regional Chairman," Xinhua (Online), 14 March 06.<news.xinhuanet.com> "For many years, the Chinese central government has made great efforts and showed sincerity to help facilitate negotiations, Qiangba Punco [Jampa Phuntsog] told Xinhua in an exclusive interview in Beijing. But the talks between the two sides have not achieved results. The responsibility for this totally rests with the Dalai Lama side for their failure to truly recognize the situation, Qiangba Punco said. . . . Judging from the communication between the central government and the Dalai Lama, it is obvious that although the Dalai Lama has been changing his tactics, he has not changed his 'Tibet independence' stance and his efforts to split the motherland, Qiangba Punco said." 29 Ministry of Foreign Affairs (Online), "Foreign Ministry Spokesman Qin Gang's Regular Press Conference on 14 September 2006," 15 September 06;<www.fmprc.gov.cn> "China Strongly Opposes U.S. Awarding Congressional Gold Medal to Dalai Lama," Xinhua, reprinted in People's Daily (Online), 15 September 06.<english.people.com.cn> 30 The U.S. Senate passed S.2784, the Fourteenth Dalai Lama Congressional Gold Medal Act, on May 25, 2006. The U.S. House of Representatives passed its companion legislation (H.R.4562) on September 13, 2006. 31 Ministry of Foreign Affairs (Online), "Foreign Ministry Spokesperson Qin Gang's Press Conference on 16 February 2006," 16 February 06.<www.fmprc.gov.cn> 32 "China Says No Progress in Talks with Dalai Lama," Reuters (Online), 6 March 06.<www.cecc.gov> 33 Regional Ethnic Autonomy Law [hereinafter REAL], enacted 31 May 84, amended 28 February 01, Preamble. 34 REAL, art. 7: "Institutions of self-government in ethnic autonomous areas shall place the interests of the state as a whole above all else and actively fulfill all tasks assigned by state institutions at higher levels." 35 China's Regional Ethnic Autonomy Law: Does it Protect Minority Rights?, Staff Roundtable of the Congressional-Executive Commission on China, 11 April 05, Written Statement and Testimony of David L. Phillips, Senior Fellow, Council on Foreign Relations. Phillips told the roundtable that a study of Tibetan autonomy laws and regulations that he co-authored in 2004 considered "a compilation of 161 laws and regulations concerning autonomy arrangements in the ethnic Tibetan areas of [the Tibet Autonomous Region, and Sichuan, Qinghai, Gansu, and Yunnan provinces]." Theodore C. Sorenson and David L. Phillips, Legal Standards and Autonomy Options for Minorities in China: The Tibetan Case (Cambridge, Mass.: Harvard University, Belfer Center for Science and International Affairs, 2004), 45. The report lists seven areas of concern about the practice of ethnic minority rights of Tibetans in China: basic freedoms, access to information, economy, religion, education, healthcare, and environment. The report states, "Shortcomings in implementation of laws on autonomy and ethnic minority rights give rise to the above concerns. Faulty implementation [of laws and regulations] negates the value of legislation and erodes the rule of law." 36 Yash Ghai, "China's Constitution: Which Model of Autonomy for Tibet? " South China Morning Post (Online), 3 March 06.<focus.scmp.com> Professor Ghai is an honorary professor at the University of Hong Kong. (His remark refers to provisions for regional ethnic autonomy under Chapter III, Section 6, of the Constitution.) 37 State Council Information Office, White Paper on Regional Autonomy for Ethnic Minorities in China, Xinhua (Online), 28 February 05.<www.chinadaily.com.cn> The White Paper states in its conclusion, "The practice of more than half a century has proved that the system and practice of China's regional ethnic autonomy have been immensely successful. Regional ethnic autonomy is a correct solution to the issue of ethnic groups in China, and is in keeping with China's actual conditions and the common interests of all ethnic groups." 38 "CPC Central Committee Politburo Holds Meeting to Look Into Further Doing a Good Job in Tibet Work in the New Century and New Stage; CPC Central Committee General Secretary Hu Jintao Chairs Meeting," Xinhua, 26 August 05 (Open Source Center, 26 August 05). 39 The China-Dalai Lama Dialogue: Prospects for Progress, Written Statement and Testimony of Sonam Wangdu, Chairman, United States Tibet Committee. 40 Ibid. 41 Tibetans living outside of China generally do not face imprisonment for peacefully advocating Tibetan independence. The U.S. Department of State Bureau of Democracy, Human Rights, and Labor, Country Reports on Human Rights Practices--2005, China (includes Tibet, Hong Kong, and Macau), however, observes that the Tibetan community in Nepal faces restrictions on the freedom of assembly, including a ban on celebrating Tibetan Democracy Day. Inside China, Tibetans who peacefully advocate Tibetan independence could face imprisonment under Article 103 of the Criminal Law, which sets out punishment for persons who "organize, plot or carry out the scheme of splitting the State or undermining unity of the country," as well as for someone who "incites others to split the State or undermine unity of the country." 42 Tibetan Youth Congress (Online), "About Us," site last visited 31 August 06.<www.tibetanyouthcongress.org> According to the TYC Web site, the TYC is the largest and most active Tibetan NGO in exile. 43 Liu Yuxiang and Wu Kun, "Analysis on Threats of Violent Acts of Terror Presently Facing Sichuan Province," Policing Studies, No. 2, 10 February 04 (Open Source Center, 17 May 04). The authors claim that TYC members "have repeatedly engineered violent terrorist activities both inside and outside Sichuan, such as bomb attacks, assassinations, and arson." 44 Ibid. In the same article, the authors modify their description, saying, "At present, violent terrorist organizations such as the TYC are still at a lower level in general and have not yet evolved into a terrorist organization with international leverage." 45 Chen Fan, "Lies Do Not Hold Water," China's Tibet (Online), No. 4, 2005.<www.ctibet.org.cn> 46 "Dalai Lama Rejects Tibetan Buddhist Praise of China," Reuters (Online), 29 December 05.<in.news.yahoo.com> 47 The China-Dalai Lama Dialogue: Prospects for Progress, Written Statement and Testimony of Tseten Wangchuk, senior broadcaster, Voice of America, Tibetan language service. 48 Li Dezhu, "Large-Scale Development of Western China and China's Nationality Problem," Seeking Truth, 15 June 00 (Open Source Center, 15 June 00). Li Dezhu (Li Dek Su) addresses the social and ethnic implications of the program that Jiang Zemin launched in 1999. Li states that the program is intended to "accelerate economic and social development of the western region and the minority nationality regions in particular." 49 Ibid. 50 Ibid. "In carrying out the strategy of large-scale western development, development of the west will be greatly accelerated and human talent will flow westward if the country favors the western regions in policy and capital. . . . In keeping with the increased population flow of the various ethnic groups, there will be some changes in the proportions of the nationalities. There will also be some conflicts and clashes in their contacts. If this is not handled well, it will have a deleterious effect on national unity and social stability, and should draw a high level of attention." 51 REAL, art. 20. "If a resolution, decision, order or instruction of a state organ at a higher level does not suit the actual conditions in an ethnic autonomous area, an autonomous agency of the area may report for the approval of the state organ at the next higher level to either implement it with certain alterations or cease implementing it altogether. The next higher level state agency must give its decision within sixty days of receiving the report." 52 Li Dezhu, "Large-Scale Development of Western China and China's Nationality Problem." 53 State Council, "Some Suggestions of the State Council on Continuing to Press Ahead with the Development of the Western Region," Xinhua, 22 March 04 (Open Source Center, 29 March 04). 54 "Law on Western Development in Pipeline," China Daily (Online), 14 March 06.<english.peopledaily.com.cn> Vice Minister Wang Jinxiang said the Legislative Affairs Office of the State Council was working on the 14th version of the bill, and that it will be the first time a law is created for the development of a single region. The law is based on the experience of the U.S., Japan, Canada, Germany, and France in promoting the development of their poor regions, according to the report. 55 "Masses of All Ethnic Groups in Tibet Hold a Rally to Celebrate the 40th Founding Anniversary of the Tibet Autonomous Region; Hu Jintao Writes a Congratulatory Inscription; Jia Qinglin Attends and Addresses the Rally," Xinhua, 1 September 05 (Open Source Center, 4 September 05).<www.cecc.gov> 56 "A Cadres Meeting Was Held To Mark the 40th Anniversary of the Founding of the Tibet Autonomous Region," Xinhua, 31 August 05 (Open Source Center, 7 September 05). 57 Ibid. 58 TibetInfoNet (Online), "Detentions Before 40th Anniversary of TAR," 8 September 05.<www.tibetinfonet.net> According to the report, details are not available about nine of the detainees or the reasons that security officials detained them. State Security Bureau ransacked Sonam Gyalpo's home on August 28 and found photos of the Dalai Lama, video cassettes of the Dalai Lama conducting Buddhist teaching, and other books and printed matter. 59 Human Rights Watch (Online), "Tibet: Monk Spirited Away by Security Forces," 17 September 05.<www.cecc.gov> According to the report, a confidential Human Rights Watch source characterized the detention as "politically motivated." 60 TibetInfoNet (Online), "Detentions Before 40th Anniversary of TAR," 8 September 05.<www.tibetinfonet.net> 61 "Report on the Outline of The 10th Five-Year Plan for National Economic and Social Development by Chinese Premier Zhu Rongji at the Opening of the Fourth Session of the Ninth National People's Congress at the Great Hall of the People in Beijing," China Central Television, 5 March 01 (Open Source Center, 5 March 01). Premier Zhu said, "During the Tenth Five-Year Plan period, we need to place emphasis on key projects for a good beginning to the program. . . . We must focus on a number of major projects of strategic significance, such as the transmission of natural gas and electricity from western to eastern regions and the planned Qinghai-Tibet Railway." State Council Office of Western Region Development, "Implementation Opinions Concerning Policies and Measures Pertaining to the Development of the Western Region," Xinhua, 20 December 01 (Open Source Center, 15 January 01). "Resources must be concentrated on the construction of a host of major projects that impact the development of the western region as a whole, such as the "West China-East China Gas Pipeline Project," the "West China-East China Power Transmission Project," the Qinghai-Tibet Railway, major state highways, and the proper exploitation, conservation, and utilization of water resources." 62 "Qinghai-Tibet Railway Ready for Operation on July 1," Xinhua (Online), 29 June 06.<news.xinhuanet.com> Zhu Zhensheng, the vice director of an office managing the railway, said that the railway startup is one year ahead of schedule due to "good construction, environment, and safety conditions." Guo Aibing, "Full Steam Ahead for World's Highest Railway," China Daily (Online), 8 November 01.<www.chinadaily.com.cn> The article, published in the year when railway construction started, reports that completion was due in 2007. "US$660m Poured into Qinghai-Tibet Railway," China Daily (Online), 1 December 04.<www.chinadaily.com.cn> The article reports that increased funding "was needed to ensure the rail link could open to the public on schedule in 2007." "Tibet Rail Construction Completed," China Daily (Online), 15 October 05.<www.chinadaily.com.cn> The article indicated that commercial passenger service would begin early in 2007, saying, "Once signaling and track testing is completed in the next 15 months, it will be possible to travel from Beijing to Lhasa in 48 hours." 63 "Tibetans in Tibet Speak Against Qinghai-Tibet Railway," Phayul (Online), 29 June 06.<www.phayul.com> A Phayul representative interviewed seven recently arrived Tibetan refugees about Tibetan views about the railway. They expressed concerns about increased ethnic Han migration, the loss of farm of grazing land, natural resource exploitation, and adverse effects on the environment and Tibetan culture. "Tibet Braces for Wave of Newcomers as Rail Link Opens," Radio Free Asia (Online), 30 June 06.<www.rfa.org> The article reports the concerns of NGOs based outside of China. International Campaign for Tibet (Online), "Political Repression Intensifies as Tibet Railway Opens," 30 June 06.<www.savetibet.org> The report provides information about the railway's construction, and Chinese and Tibetan views on the railway's potential impact on Tibetan culture. 64 "Hu Jintao's Speech at a Rally To Celebrate Putting the Qinghai-Tibet Railway Into Service on 1 July 2006," Xinhua, 1 July 06 (Open Source Center, 01 July 06). 65 "China Arranges First Five Scheduled Trains to Tibet," Xinhua (Online), 5 May 06.<www.cecc.gov> Deputy General Manager Ma Baocheng of the Qinghai-Tibet Railway Company announced on May 5, 2006, that the first five trains to Lhasa would depart from Beijing, Shanghai, Guangzhou, Chengdu, and Xining, and that they were all sold out. "Tibetan Railway Ticket Price Confirmed," China Tibet Information Center (Online), 26 June 06.<tibet.cn> "[S]ources from the 8th conference of the leading group for Qinghai-Tibet Railway construction" announced that the scheduled railway service would link Lhasa with Beijing, Chengdu, Chongqing, Lanzhou, and Xining. The report did not explain why Shanghai and Guangzhou departures were not included as part of initial operations. 66 "Tibetan Legislator Calls Railway 'Road to Heaven' for Tibetans," Xinhua (Online), 6 July 06.<www.cecc.gov> 67 "Tibet's New Railway To Extend to Xigaze Next Year: Official," Xinhua (Online), 9 August 06.<www.cecc.gov> Yu Yungui, a senior official in the Rikaze (Shigatse) prefectural government in the TAR, said that the 270 kilometer (170 mile) extension is expected to take three years. 68 "Dalai Lama: Rail Link 'Cultural Genocide'," Associated Press, reprinted in Washington Post (Online), 12 September 05.<www.foxnews.com> Referring to the Qinghai-Tibet railway, then under construction, the Dalai Lama told reporters in Idaho, "Some kind of cultural genocide is taking place. In general, a railway link is very useful in order to develop, but not when politically motivated to bring about demographic change." "China Opens World's Highest Railway to Tibet," Agence France-Presse, reprinted in Yahoo! (Online), 1 July 06.<uk.news.yahoo.com> Thupten Samphel, a spokesman for the Tibetan government-in-exile indicated that the Dalai Lama conditionally supports the railway. Samphel told reporters, "If there is no political motivation and no hidden political agenda, the railway will be good for Tibet. This is why his holiness the Dalai Lama has declared his support for the project." 69 "People Should Have a More Worldly Eye on Tibet Railway," Xinhua (Online), 1 July 06.<news.xinhuanet.com> 70 "Railway Makes Room for Tibetan Culture: Experts," Xinhua (Online), 1 July 06.<news.xinhuanet.com> 71 "Tibet Tourism Impact Fears Rejected," South China Morning Post (Online), 6 July 06. In addition to naming Wu Yingjie as the Vice Chairman of the TAR government, the article describes Wu as the region's "propaganda chief." 72 "Railway Won't Bring Influx of Settlers to Tibet: Official," Xinhua (Online), 12 July 06.<news.xinhuanet.com> 73 Tabulation on China's Nationality: Data of 1990 Population Census, Department of Population Statistics of State Statistical Bureau and Economic Department of State Nationalities Affairs Commission (Beijing: China Statistical Press, May 1994), Table 2-1. Tabulation on Nationalities of 2000 Population Census of China, Department of Population, Social, Science and Technology Statistics, National Bureau of Statistics, and Department of Economic Development, State Ethnic Affairs Commission (Beijing: Ethnic Publishing House, September 2003), Table 10-1. According to census data, Han population in the TAR increased from 80,837 in 1990, to 158,570. Bureau of Human Rights, Democracy, and Labor, U.S. Department of State, Country Reports on Human Rights Practices--2005, China (includes Tibet, Hong Kong, and Macau), 8 March 06. According to the report, the Chinese 2000 census does not provide a complete count of ethnic Han in the TAR: "However, TAR census figures did not include a large number of long-term Han residents, such as cadres, skilled workers, unskilled laborers, military and paramilitary troops, and their dependents." 74 "Qinghai-Tibet Railroad No Harm to Environment," China Daily (Online), 06 July 06.<www.chinadaily.com.cn> 75 "Qinghai-Tibet Railway to Transport 4,000 More Tourists Each Day," Xinhua (Online), 21 May 06.<www.cecc.gov> 76 "Qinghai-Tibet Railway to Bring More Visitors to Tibet," China News Service (Online), 22 May 06.<www.chinanews.cn> 77 Cao Deshung, "Tibet Rail Construction Completed," China Daily (Online), 15 October 05.<www.chinadaily.com.cn> 78 "Frozen Soil Thawing Faster, Endangering Qinghai-Tibet Railway," Xinhua (Online), 5 February 06.<www.cecc.gov> 79 "Experts at the Chinese Academy of Sciences Are Concerned That Disaster Could Strike Ten Years from Now" [Dongtu tui rong jiang weixie qing zang tielu anquan], Beijing News (Online), 22 January 06.<冻土退融将威胁青藏铁路安全 | news.thebeijingnews.com> 80 "Frozen Soil Thawing Faster, Endangering Qinghai-Tibet Railway," Xinhua.<www.cecc.gov> 81 "New Height of World's Railway Born in Tibet," Xinhua (Online), 24 August 05.<www.cecc.gov> "About 550 kilometers of the railway runs on frozen earth." 82 "Conference Opens on Judicial Response to Opening of Qinghai-Tibet Railroad," China Court Net (Online), 16 June 06.<www.cecc.gov> 83 Under the Criminal Law, acts of sabotage against trains and railways are crimes under Articles 116, 117, and 119, and gathering crowds to disturb order at railway stations, along railway lines, or to harm or obstruct business operation are crimes under Articles 290 and 291. 84 "Conference Opens on Judicial Response to Opening of Qinghai-Tibet Railroad," China Court Net (Online).<www.cecc.gov> 85 Ibid.<www.cecc.gov> 86 PRC State Council, "Some Suggestions of the State Council on Continuing To Press Ahead with the Development of the Western Region." The paper states that the success of GWD depends on sending a substantial number of personnel to live and work in the western region: "The key to the great development of the West is qualified personnel, especially leading cadres and high-level professionals. . . . Each year we should select a fairly large number of cadres at the appropriate levels and send them to the Western region to work among leading groups above the county level. . . . We need to establish a system that regularly sends scientific, technical, educational, public health, and cultural personnel and other professionals to the Western region to support work in the rural areas." The paper advises that the government must establish "regional economic growth nodes" that will "promote the development of an entire area." 87 "Tibet Rail Construction Completed," China Daily (Online), 15 October 05.<www.chinadaily.com.cn> "The gigantic project, which involves an investment of 33 billion yuan (US$4.7 billion), is part of the nation's efforts to build up the underdeveloped western regions. . . . The line is expected to attract tourists, traders and ethnic Chinese settlers who currently have to take either expensive flights to Lhasa or bone-shaking bus rides." 88 Provisions of the State Council for Implementing the Law on Regional Ethnic Autonomy of the People's Republic of China, issued 11 May 05, art. 29.<www.cecc.gov> 89 Ibid.<www.cecc.gov> 90 "Responsible Comrades from the Organization Department of the CPC Central Committee, the Ministry of Personnel, and the Ministry of Education Answer Reporter's Questions on Guiding and Encouraging Graduates of Schools of Higher Learning To Seek Employment in Grass-Roots Areas," Xinhua, 13 July 05 (Open Source Center, 22 July 05). "While continuing to carry out the 'plan for encouraging university students to serve the western region voluntarily,' the 'Opinions' have clearly demanded that in the next five years starting from 2005, a certain number of graduates of schools of higher learning will be recruited every year and organized to carry out the work of supporting education, supporting agriculture, supporting medical care, and assisting the poor in towns and townships. After serving for two to three years, they will be assisted by relevant departments to independently choose their career in the market." ("Opinions on Guiding and Encouraging Graduates of Schools of Higher Learning to Seek Employment in Grassroots Areas" explains that the government will not rely solely on volunteers, but will recruit graduates to work in the GWD region.) 91 Ibid. 92 Tabulation on China's Nationality: Data of 1990 Population Census, Table 2-1. Tabulation on Nationalities of 2000 Population Census of China, Table 10-1. According to census data, Han population decreased in 10 areas of Tibetan autonomy (listed in order of size of decrease): Guoluo prefecture (Qinghai), -25.0 percent; Hainan prefecture (Qinghai), -22.7 percent; Haibei prefecture (Qinghai), -20.2 percent; Huangnan prefecture (Qinghai), -19.2 percent; Yushu prefecture (Qinghai), -16.9 percent; Muli county (Sichuan), -16.1 percent; Aba prefecture (Sichuan), -14.3 percent; Haixi prefecture (Qinghai), -9.0 percent; Ganzi prefecture (Sichuan), -7.9 percent; Tianzhu county (Gansu), -0.9 percent. 93 Census day was July 1 in 1990, and November 1 in 2000. The population of transient Han workers and vendors in Tibetan areas peaks during summer and is declining by November, undermining the reliability of direct comparison of 1990 and 2000 data. 94 The national census uses a method of enumeration that attempts to record more of the population as present in the locations where they actually are, rather than at the location recorded on their permanent residence registration certificates. Provincial annual statistical yearbooks instead rely on data compiled by the Public Security Bureau (PSB). 95 Tabulation on Nationalities of 2000 Population Census of China, Table 10-1. 96 Tibet Statistical Yearbook 2005 (Beijing: China Statistics Press, 2005), Table 3-4, "Population Nationality," 33. The Yearbook reports that there were 93,306 Han in the TAR in 2004, the most recent year for which data were reported. The figure is substantially lower than the number of Han reported in the TAR by the 2000 census. 97 Ma Rong (Professor and Chair, Department of Sociology, Peking University) and Tanzen Lhundup (Research Fellow and Vice Director, Institute of Social Economic Development, Chinese Center for Tibetological Studies), "Temporary Migrants in Lhasa in 2005," unpublished conference paper, Section IV(4.5). The authors surveyed 1,470 migrants: 68.1 percent of them had arrived in Lhasa in the period 2000-2005, and 72.5 percent of them had been in Lhasa for more than one year. Ibid., Section IV(4.6). Of the 1,470 migrants, the Tibetan total is 235 and the Hui total is 163. (The paper does not state a total number of Han migrants surveyed.) Ibid., Section IV(4.8). Education levels are known for 965 Han migrants. (The paper provides ethnicity for 1,363 of the 1,470 migrants. Because none of the remaining 107 migrants are Tibetan or Hui, it is likely that most of them are Han.) 98 Ibid., Section IV(4.1). 11,185 temporary migrants applied for a "Temporary Residence Certificate" in 2000. In 2005, 52,812 migrants registered with the Lhasa Urban District PSB, while [migrants] renting apartments numbered 69,924. "It is clear that a large number of temporary migrants did not apply for a "certificate" or report their "renting" activities. The real number [of migrants] is much larger." The Lhasa PSB estimated that the number of temporary migrants in Lhasa varied between 100,000 and 200,000, according to the paper. 99 Ibid., Section IV(4.1). 100 See CECC, 2005 Annual Report, 11 October 05, Section VI--Tibet--Culture, Development, and Demography, for more information about Tibetan educational levels. 101 Tabulation on Nationalities of 2000 Population Census of China, Table 2-3. Based on 2000 census data for persons aged 15 and over, the rate of illiteracy of Tibetans (47.55 percent) is 5.24 times higher than China's national average (9.08 percent), and 5.53 times higher than the rate of illiteracy for Han (8.60 percent). Tabulation on the 2000 Population Census of the People's Republic of China (Beijing: China Statistics Press, August 2002), Table 2-2. Based on 2000 census data, of 1,061,196,336 Han aged six and over, 93,677,240 (8.83 percent) reached senior middle school. Of 4,791,241 Tibetans aged six and over, 81,366 (1.70 percent) reached senior middle school. Based on the data, Han reached senior middle school at 5.19 times the rate of Tibetans. 102 Ma Rong and Tanzen Lhundup, "Temporary Migrants in Lhasa in 2005," Section IV(4.8), Table 14. 103 Ibid., Section IV(4.8), Table 14. 104 Ibid. The survey sample included 1,470 temporary migrants. Table 14 provides data on educational level and ethnicity for 1,373 participants: 965 Han, 235 Tibetan, 146 Hui, and 27 other. In section 4.6, "Religion and Political Status of Temporary Migrants," the report states that 235 Tibetans and 163 Hui were included in the survey. (The paper does not state a total number of Han surveyed. It is likely that many of the 97 participants not accounted for in Table 14 are Han since the report specifies the total number of Tibetan and Hui.) 105 The disparity between urban and rural education that adversely affects rural Tibetans is consistent with a nationwide problem in China. Levels of Tibetan educational attainment in cities, towns, and rural areas are, however, lower than national averages. See CECC, 2005 Annual Report, 11 October 05, Section VI--Tibet--Culture, Development, and Demography, for more information about Tibetan educational levels. 106 Tabulation on Nationalities of 2000 Population Census of China. Table 2-1a shows that 8,845 of 137,545 TAR Tibetans aged six and over, and classified as "city" residents, reached senior middle school as their highest level of educational attainment; Table 2-1b shows that 5,400 of 211,990 TAR Tibetans aged six and over, and classified as "town" residents, reached senior middle school; Table 2-1c shows that 5,999 of 1,808,859 TAR Tibetans aged six and over, and classified as "rural" residents, reached senior middle school. Based on these figures, 14,245 of the 349,535 Tibetans (4 percent) aged six and over who were residents of towns and cities reached senior middle school, compared to 5,999 of the 1,808,859 Tibetans (0.33 percent) aged six and over who were rural residents. 107 Ibid. Based on the data in Tables 2-1a, 2-1b, and 2-1c, there were 5.18 times as many rural Tibetans aged six and over as there were town and city Tibetans. 108 "Milestone in Tibet's Reform, Development, and Stability," People's Daily, 19 July 01 (Open Source Center, 19 July 01). 109 "Tibetans Report Income Rises," Xinhua, 31 January 06 (Open Source Center, 31 January 06). 110 "A Cadres Meeting Was Held To Mark the 40th Anniversary of the Founding of the Tibet Autonomous Region," Xinhua, 31 August 05 (Open Source Center, 7 September 05). Jia Qinglin listed priorities for the TAR that include improving income and living conditions for farmers and herdsmen, and improving education and healthcare for all TAR residents. "Tibet to Improve Rural School Conditions," China Radio International (Online), 4 May 03.<www.china.org.cn> 111 "More Nomadic Tibetan Herders Settle Down," Xinhua (Online), 2 September 04.<www.xz.xinhua.org> The program was one of the "numerous key aiding-Tibet projects" established by the Fourth Forum on Work in Tibet, held by the Communist Party Central Committee in June 2001 in Beijing. 112 Hamish McDonald, "China Anxious To Prove Settled Life is Better for Tibetan Nomads," Sydney Morning Herald (Online), 5 October 05.<www.smh.com.au> "A Qinghai official, Wang Zeshan, said about 10,000 nomadic households--or about 60,000 people--Mongols and Kazaks as well as Tibetans, had been settled in this way, which he said was 89.2 percent of the nomad population before the scheme started three years ago." 113 CECC Staff Interviews. The nomad families lived in Gannan (Kanlho) TAP and Tianzhu (Pari) Tibetan Autonomous County. 114 Development Projects in Tibetan Areas of China: Articulating Clear Goals and Achieving Sustainable Results, Staff Roundtable of the Congressional-Executive Commission on China, 19 March 04, Testimony of Daniel J. Miller, Agriculture Development Office, U.S. Agency for International Development, 3. Miller pointed out, for example, that in the past 20 years, the government had achieved agricultural and rural growth, reduced poverty, and addressed environmental and natural resource degradation issues. 115 Ibid., 3. Miller noted the transformation that has taken place because of nomad settlement, privatization and fencing of rangelands, and infrastructure development. But, according to Miller: "Government development programs have generally taken a top-down approach and, despite many of their good intentions, have often been hampered because Tibetan farmers and nomads were not involved in both the design and implementation of activities. Many of the government's efforts have also been not as effective because of faulty assumptions that have been made about poverty and Tibetans' traditional agricultural and livestock production practices." 116 CECC Annual Reports for 2002-2005 provided the number of Tibetan political prisoners detained or imprisoned, according to then-current information: 2002 (fewer than 200 prisoners); 2003 (approximately 150 prisoners); 2004 (approximately 145 prisoners); 2005 (approximately 120 prisoners). Data for 2002-2004 are based on Tibet Information Network (TIN) reports. Data for 2005 was drawn from the CECC Political Prisoner Database (PPD). 117 Steven D. Marshall, In the Interests of the State: Hostile Elements III--Political Imprisonment in Tibet 1987-2001 (London: Tibet Information Network, 2002), 3. There were nearly 700 known or likely Tibetan political prisoners by the end of 1995. 118 See CECC, 2005 Annual Report, 11 October 05, Section VI--Tibet--Tibetan Culture and Human Rights, for discussion of how Tibetans use of literature to lament cultural loss and advocate ethnic ambitions. 119 Tibetan Government-in-Exile (Online), "Education Will Help Tibetans to Fight for Their Rights," 17 January 06.<www.cecc.gov> An estimated 90,000 persons attended the January 5-15 Kalachakra teaching. About 9,000 attendees were Tibetans who traveled from Tibetan areas of China. 120 Wildlife Trust of India (Online), "Tibetans at Kalachakra Vow for Wildlife Protection," 17 January 06.<www.wildlifetrustofindia.org> 121 TibetInfoNet (Online), "Tibetans Burn Animal Skins in Rebkong," 10 February 06. The report provides information about burning fur at Rongbo Monastery in Tongren (Rebgong), the capital of Huangnan (Malho) TAP in Qinghai province, and the role of the organizer, Tseten Gyal. The incident was apparently the first of its kind. "Tibetans Swear Off Endangered Furs After Dalai Lama Appeal," Radio Free Asia (Online), 13 February 06.<www.rfa.org> The article provides additional detail about the incident organized by Tseten Gyal in Tongren (Rebgong). TibetInfoNet (Online), "Burning of Wildlife Skins Prohibited as Tensions Rise in Rebkong," 14 February 06.<www.tibetinfonet.net> According to the report, local authorities in Tongren banned fur-burning and the "situation" in the area was "tense." "Tibetan Youths Detained Over Anti-Fur Campaign," Radio Free Asia (Online), 21 February 06.<www.cecc.gov> The article reports on organized fur-burning in Aba (Ngaba) and Ruo'ergai (Dzoege) counties in Aba Tibetan and Qiang Autonomous Prefecture, Sichuan province. TibetInfoNet (Online), "Accounts of Wildlife Skins Burning," 17 March 06.<www.tibetinfonet.net> The report provides details of fur-burning in Aba and Ruo'ergai (Dzoege) counties in Aba prefecture, Sichuan province. TibetInfoNet (Online), "Fur Burning Incidents in Gansu," 29 March 06.<www.tibetinfonet.net> The report provides a detailed account of fur-burning in Hezuo (Tsoe), the capital of Gannan (Kanlho) TAP in Gansu. 122 "Tibetans Swear Off Endangered Furs After Dalai Lama Appeal," Radio Free Asia.<www.rfa.org> According to the report, a source told RFA, "Soon after [fur-burning activity on February 8] national security officials and local public security officials confronted [Tseten Gyal] and demonstrated their dislike. That very night he was taken to the public security bureau office and interrogated for a long time." Officers asked him repeatedly if he had any "political motives" for the campaign, according to the report. (The account provides further information establishing that Tseten Gyal was released.) "Tibetan Youths Detained Over Anti-Fur Campaign," Radio Free Asia.<www.cecc.gov> The article reports the detention of eight men in February who organized fur-burning at Kirti Monastery in Aba county. Authorities interrogated the men, but none of them were "punished or beaten," according to the account, and the men denied that the fur-burning was done "under outside influence" (a term Chinese officials often use to refer to the Dalai Lama). Authorities permitted relatives to visit the detainees. (According to subsequent, unpublished information, all of them were released after an unspecified period of time.) 123 TibetInfoNet (Online), "Fur Burning Incidents in Gansu," 29 March 06.<www.tibetinfonet.net> (The event took place in Gannan TAP.) According to the report, the organizers, some of whom were local government staff, initially planned to conduct the event on March 10. The date coincides with the anniversary of the 1959 Lhasa Uprising, and the organizers were concerned that a public gathering that day would be "politically sensitive" and a "potential deterrent" to attendees. They rescheduled it for March 14, a date coinciding with a Tibetan Buddhist festival on which Tibetans customarily make offerings at monasteries. The organizers staged the event at Kharguthog Monastery in Hezuo (the capital of Gannan TAP) because they thought the monastic site would be less likely to embarrass the authorities. 124 Ibid.<www.tibetinfonet.net> According to the TibetInfoNet report, "While the furs were burning, some people were seen chanting prayers for the Dalai Lama, while others shot videos and stills of the scene with the express intention of letting the outside world know about the event. The general consensus in Tsoe is that the main purpose of the event was to please the Dalai Lama, and people asked that reports about the event be communicated to him." 125 Ibid.<www.tibetinfonet.net> 126 According to PPD data current in August 2006, there were 59 known cases of political imprisonment of Tibetans in Sichuan province in 2001-2004 compared to 46 in the TAR. One case of Tibetan political imprisonment is recorded in Sichuan in 2000. 127 Free Tibet Campaign (Online), "Four Monks and Nuns Arrested for Displaying Dalai Lama Poster," 30 January 06.<www.cecc.gov> According to the report, the posters "called for the independence of Tibet, for the Chinese authorities to enter into negotiations, and reportedly said that China should not host the 2008 Olympics until the Tibet question is peacefully resolved." Security officials detained the monks and nuns in May 2005. 128 On September 27, 1987, 21 monks from Drepung Monastery staged a peaceful protest march in Lhasa, calling for Tibetan freedom. Security officials detained all of them. It was the first Tibetan political protest in China in the post-Cultural Revolution period that was internationally reported. A few days earlier, on September 21, the Dalai Lama introduced his Five Point Peace Plan in a speech before the U.S. Congressional Human Rights Caucus in Washington, D.C. Reports at the time did not portray the September 27 political protest in Lhasa to be a consequence of the Dalai Lama's address in Washington. According to a report ("Fall of a Nation") available on the Web site of the Tibetan government-in-exile, Chinese authorities in Lhasa began an anti-Dalai Lama campaign after he spoke to the Congress, and staged mass political rallies and a public sentencing that caused widespread resentment among Tibetans. 129 The Dui Hua Foundation (Online), "Dui Hua Welcomes Phuntsog Nyidron's Arrival in the United States," 15 March 06.<www.duihua.org> 130 According to information available in the CECC PPD, Phuntsog Nyidron, a nun at Mechungri Nunnery, was detained on October 14, 1989 and sentenced to nine years' imprisonment for "counterrevolutionary propaganda and incitement" the following November. In September 1993, she was convicted along with 13 other nuns for committing additional counterrevolutionary crime and sentenced to an additional eight years after the nuns secretly recorded songs on a cassette tape that was smuggled out of the prison. She received a one-year sentence reduction for good behavior in March 2001. The remainder of her sentence was commuted on February 26, 2004 and she was released from prison. 131 Lhasa Municipal Intermediate People's Court, Criminal Court Judgment, No. 52 (2000). Bangri Chogtrul (also known as Bangri Tsamtrul or Jigme Tenzin Nyima) was sentenced to life imprisonment on September 26, 2000, on charges of "attempting to split the country." 132 The Dui Hua Foundation (Online), "Clemency Granted to Tibetan Monk, Labor Activist," 28 February 06.<www.duihua.org> The Lhasa Intermediate People's Court commuted Bangri Chogtrul's sentence from life imprisonment to 19 years on July 31, 2003, and further reduced the sentence by 1 year on November 17, 2005. His 18-year sentence will expire on July 30, 2021. 133 The Dui Hua Foundation (Online), "Last Known Female Political Prisoner in TAR Released Early," 28 June 06.<www.duihua.org> 134 UN Commission on Human Rights (Online), "Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Manfred Nowak: Mission to China," 10 March 06 [hereinafter Nowak Report].<www.ohchr.org> "The Special Rapporteur was informed that Qushui prison is for very serious crimes (i.e. sentences of over 15 years), and holds the principal criminal actors while accessories are held in Drapchi." PRC Criminal Law, art. 25. "A joint crime refers to an intentional crime committed by two or more persons jointly." PRC Criminal Law, art. 26. "A principal criminal refers to any person who organizes and leads a criminal group in carrying out criminal activities or plays a principal role in a joint crime." 135 International Campaign for Tibet, "New Prison in Lhasa: Increased Surveillance for Political Prisoners, 'Oppressive' Cell-blocks," 20 January 06. According to the ICT report, "at least 25 political prisoners" were transferred from TAR Prison (Drapchi) to Qushui Prison in summer 2005. The figure concurs with CECC staff analysis of likely transferees. 136 CECC, Annual Report 2005, 112. Jigme Gyatso was sentenced in 1996 to 15 years' imprisonment for counterrevolution. Chinese officials told a UN Working Group on Arbitrary Detention (UNWGAD) delegation in September 2004 that he was guilty of "planning to found an illegal organization and seeking to divide the country and damage its unity." Another UNWGAD opinion on the case found that "there is nothing to indicate that the 'illegal organization' . . . ever advocated violence, war, national, racial, or religious hatred, and that Jigme Gyatso was "merely exercising the right to freedom of peaceful assembly with others in order to express opinions." 137 Tibetans often add the honorific "Rinpoche" after Bangri Tsogtrul's name, signifying his status as a reincarnated lama. 138 According to information available in the CECC PPD, monk Lobsang Tsultrim of Drongsar Monastery was one of three monks detained in 1995 for removing signboards on a government office building and damaging them, and putting up posters opposing China's rule of Tibet and supporting the legitimacy of the boy the Dalai Lama recognized as the Panchen Lama. The Changdu Intermediate People's Court sentenced the monks to imprisonment on charges of inciting counterrevolutionary propaganda. 139 Nowak Report.<www.ohchr.org> "In one incident in March 2004, [Jigme Gyatso] yelled out, 'Long live the Dalai Lama,' for which he was kicked and beaten, including with electric batons. The electric batons were used on his back and chest with painful effect, and ceased once the Chief of Police came and stopped it. After this incident his sentence was extended for an additional two years." 140 Ibid.<www.ohchr.org> According to the prisoner interviews, Qushui Prison's cells are hotter in summer and colder in winter than those in TAR Prison, and are poorly lit and ventilated. |
| |
|
||