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![]() ![]() > Foot Notes 1 Adopted by the General Assembly of the United Nations pursuant to resolution 2200A (XXI) of 16 December 1966; entered into force 23 March 1976. 2 Adopted by the General Assembly of the United Nations pursuant to resolution 2200A (XXI) of 16 December 1966, entered into force 3 January 1976. 3 See section 6: "Disappearances" at p.27 4 See Tibet Information Network (TIN) News Update, 27 November 1996 5 Ibid. 6 See p. 5 7 See section 5: "Torture" at pp. 22-23 8 See section 5: "Torture" at p. 22 9 See TIN News Update, 27 November 1996 10 Ibid. 11 Information taken from TIN News Update, 26 December 1996. 12 Interviewed by TCHRD in late November 1996 in Dharamsala, India. 13 Interviewed by TCHRD in early December 1996 in Dharamsala, India. 14 TIN News Update, 27 November 1996 15 Ibid. 16 Interviewed by TCHRD in late November 1996 in Dharamsala, India. 17 TIN News Update, 27 November 1996. 18 State Councillor Ismail Amat quoted by Xinhua News Agency. 19 Chinese response to the Working Group on Arbitrary Detention, May 1996 20 The right to hold opinions without interference and to freedom of expression is similarly entrenched in Article 19 of the International Convenant on Civil and Political Rights. 21 Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the ECOSOC by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.22 Deprivation of political rights is deprivation of the following rights: 1. The right to elect and the right to be elected; 2. The rights provided for in Article 35 of the Chinese Constitution; 3. The right to hold a position in state organs and 4. The right to hold a leading position in any enterprise, institution or people's organization.(Chinese Criminal Law - Guiding Ideology, Tasks and Scope of Application of the Criminal Law) 23 Powo Tramo which is situated near Kongpo (Chinese: Nyingchi) about 500 km east of Lhasa, is a prison where prisoners serving long terms are held. 24 See Section 4: Arbitrary Detentions at pp.19-20 25 See Section 8: The Rights of Women at p.35 26 See Section 2: The Right to Freedom of Expression at pp. 11-12 28 This is reiterated in article 9(1) of the International Covenant on Civil and Political Rights. 28 Report of the Working Group on Arbitrary Detention, UN Doc. E/CN.4/1994/27. 29 See section 1: The Right to Freedom of Religion at pp. 5-7 for a detailed description of the Religious [or Patriotic] Re-education Campaign. 30 See Section 8: The Rights of Women at p. 35 31 TIN News Release, 9 November 1996 32 The New Lawyers' Law, promulgated on 15 May 1996, defines lawyers as "professionals who have been granted a license to practice and to provide legal service to society". 33 The revisions of the 17 year old Criminal Procedure Law were finally adopted by the National People's Congress on 17 March 1996. 34 Adopted by General Assembly Resolution 39/46 of 10 December 1984; entered into force on 27 June 1987. 35 CAT/C/SR.254 10 May 1996 36 Other offences for ill-treatment of prisoners included within the Chinese Criminal Law are: "corporal punishment and abuse" by "judicial personnel" when the "circumstances are serious" (article 189) and unlawful detention where "beating or humiliation is involved" (article 143). 37 Article 189 similarly requires serious consequences before a case of corporal punishment may be filed. 38 op. cit. 39 UN Doc. HRI/GEN/1, 4 September 1992, Compilation of General Comments and General Recommendations Adopted by Human Rights Bodies, GC No. 20 "Article 7", p.29. 40 Ngawang Rinchen was interviewed in Dharamsala, India, in December 1996 by TCHRD and a visiting medical delegation from Physicians for Human Rights, an organisation of health professionals, scientists and citizens based in Boston, USA. 41 Jampel Tsering was interviewed in Dharamsala in December 1996 by TCHRD and Physicians for Human Rights. 42 Amnesty International Report 1993: "14 Point Program for the Prevention of Disappearances". 43 UN Doc. E/CN.4/1993/25, para. 74 44 Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders and approved by the ECOSOC resolution of 31 July 1957 and 13 May 1977. 45 Ngawang Choephel was sentenced on 26 December 1996 to 18 years for engaging in "espionage activities". 46 Adopted and opened for signature and ratification by General Assembly resolution 2106 A (XX) of 21 December 1965; entered into force 4 January 1969. 47 Broadcast on Radio Lhasa, 24 May 1996. 48 Tibet Information Network News Update, 31 December 1996 [hereinafter TIN Language Update], p.3 49 Article 5(e)(v) of CERD recognises the racial equality of the civil right to education and training. 50 See TIN Language Update. 51 Information regarding Bayan County National School was provided by Jamyang Dargyal who had studied in this school for three years. He was interviewed by TCHRD in Dharamsala, India in November 1996. 52 Document No. 12 (entitled Party Affairs Communication, July 1993) of the TAR Party Communication states that schools in Lhasa were collecting 13 different kinds of fees and that six of these were not authorised by law. 53 TIN Language Update, op. cit. 54 British Broadcasting Corporation monitoring service, reported by Reuters on 9 July 1996. 55 TIN Language Update 56 Tibet Daily, 24 May 1996, reported by Reuters on 31 May 1996. 57 Renmin Ribao (People's Daily), 14 March 1982. 58 For example, in May 1990 the Chinese authorities announced, without providing any sources or evidence, that there were 10,000 mentally handicapped people in Tibet and that this was "a sign of inferior population quality"; Survey of Birth Control Policies in Tibet, TIN Review, 30 March 1994, p.29 59 Survey of Birth Control Policies in Tibet, ibid. 60 The right to work, and to just and favourable work conditions, is also recognised in articles 6(1) and 7 of ICESCR and articles 11(1)(a)-(d), (f), 11(2) and 11(3) of CEDAW. 61 Reported by Xinhua News Agency, Tibet News Digest: December 1-31, 1996, World Tibet Network News. 62 This information was provided by Karma and Ngagchung from Dingri Dzong who arrived in Dharamsala, India on 31 December 1996 and were interviewed by TCHRD. 63 The right to housing is also recognised in article 14(2)(h) of CEDAW and article 27 of CRC. 64 Asia Watch, "Human Rights in Tibet" (Washington D.C., 1988) at p. 43. 65 US State Department Human Rights Country Report (1990), China Chapter, p.8. 66 See Scott Leckie, Destruction by Design: Housing Rights Violations in Tibet, Centre on Housing Rights and Evictions (COHRE), The Netherlands, February 1994. 67 Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979; entered into force 3 September 1981. 68 CEDAW Committee, Violence Against Women, General Recommendation No. 19, Eleventh Sess. No. 1, 1992, UN Doc. A/47/38, 1 Int. Hum. Rt. Rep. 25 (No. 1, 1994). 69 Ibid., para. 6 70 Details of the incidents leading to Ngawang's sentence and her treatment in prison was provided by Gyaltsen Pelsang, who last saw Ngawang in July 1996. Gyaltsen was also detained in Drapchi Prison until her release in February 1996. She fled Tibet to India in November 1996. 71 Jeffrey Fleishman and Loretta Tofani, The Philadelphia Inquirer, 10 December 1996 72 Loretta Tofani, The Philadelphia Inquirer, 11 December 1996 . 75 The Philadelphia Inquirer, 8 December 1996 73 The Philadelphia Inquirer, 8 December 1996 74 Jeffrey Fleishman and Loretta Tofani, The Philadelphia Inquirer, 10 December 1996 75 General Recommendation No. 19, op. cit. para. 22 76 Abortion is reportedly the major form of birth control in Tibet and those contraceptives that exist are widely regarded as dangerous and ineffective; Tears of Silence: A Report on Tibetan Women and Population Control, The Tibetan Women's Association, Dharamsala, May 1995. 77 Several instruments focus specifically on juveniles and reflect the particular needs of child prisoners: UN Standard Minimum Rules for Administration of Juvenile Justice (Beijing Rules) in 1985; GA Res. 40/33 of 29 November 1985; UN Guidelines for Prevention of Juvenile Delinquency (Riyadh Guidelines); UN Rules for the Protection of Juveniles Deprived of their Liberty. 78 Communists Launch Patriotic Education in Tibet, UPI, September 15, 1994. 79 A.S. Al-Khasawneh and R. Hatano, "The realization of Economic, Social and Cultural Rights: The human rights dimensions of population transfer, including the implantation of settlers", Economic and Social Council, Commission on Human Rights, Sub-Commission on the Prevention of Discrimination and Protection of Minorities, E/CN.4/Sub.2/1993. 80 Additional protocol to the Geneva Conventions of August 12, 1949 and relating to the Protection of Victims of International and Armed Conflicts. 83 New Majority: Chinese Population Transfer in Tibet, Tibet Support Group U.K. (1995) 81 New Majority: Chinese Population Transfer in Tibet, Tibet Support Group U.K. (1995) 82 Scott Leckie, Destruction by Design: Housing Rights Violated in Tibet, op. cit. 83 South China Morning Post, Hong Kong April 1996 84 "Black Gold on the Roof of the World"; China's Tibet, Vol 7 No.6, 1996 85 "In 1995, within two months as many as 677 Chinese officials were sent to various parts of the TAR to survey the progress of the 62 projects"; South China Morning Post, Hong Kong, April 1996. Other Chinese sources report that 132 officials were sent to "survey" other development projects in 1995 and in 1996 128 officials were sent for the same
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