The right to freedom of religion


1.1. International Law

The right to freedom of religion is entrenched in article 18 of the Universal Declaration on Human Rights and article 18 of the International Convention on Civil and Political Rights1 (hereinafter ICCPR). In Tibet the Buddhist religion is also a deeply significant part of the cultural and ethnic identity of the Tibetan people. In addition therefore, their freedom of religion is protected as both a cultural right by article 15 of the International Covenant on Economic, Social and Cultural Rights2 (hereinafter ICESCR) and as a right of minority groups by article 27 of the ICCPR which states:

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

The PRC authorities have particularly targeted religious institutions and initiates in Tibet, and the vicious religious clampdown in 1996 aims to stifle promotion of national independence and political dissent.

 

1.2. China Politicises the Panchen Lama Issue

On 14 May 1995, the Dalai Lama announced Gendun Choekyi Nyima as the 11th reincarnation of the Panchen Lama, Tibet's second highest spiritual leader. Within days of the announcement the six year-old boy and his parents had disappeared, and it was not until after 12 months, and the installation of a child chosen by Beijing, that the PRC admitted they were being held3. The effects of the Panchen Lama dispute continued throughout 1996 in Tibet.

At midnight on 15 March 1996, four student monks were taken from their quarters in Kumbum monastery in Amdo province (Chinese: Qinghai) by a squad of 13 police. The four, Damchoe Gyatso (27), Jigme Tendar (29), Phuntsog (25) and Damchoe Kalden (31), believed to be still in detention, were accused of producing pro-independence posters and leaflets containing prayers for the long life of the late Panchen Lama whose birthplace is about 75 km from Kumbum. The handwritten posters condemned China's intervention in the Panchen Lama succession and the writers promised to oppose any attempt to bring the false reincarnation - the child named by the Chinese government as the official reincarnation - to Kumbum.

In total there were some 48 persons detained for involvement in the case of the reincarnated Panchen Lama. These cases were referred to the UN Working Group on Arbitrary Detention in September 1995, and subsequently transmitted by the Working Group to the PRC government. The PRC claimed, in its reply received in May 1996, that Chinese authorities had scrupulously adhered to the sentiments of the Tibetan people. The reply said the Chinese' choice of the reincarnation of the Panchen Lama had taken place "strictly in accordance with religious ritual" and that "Far from undermining religious freedom, therefore, it was in fact an expression of the Chinese government's strict observance of religious freedom."

The government reply criticised the Dalai Lama as having "confounded every established procedure by unilaterally proclaiming his own choice of the reincarnated child" and said, "Fortunately this irregularity was quickly denounced by the central government". The Dalai Lama's proclamation was, according to the Chinese government, considered "illegitimate and without effect".

The government reply reiterated the claim that Gendun Choekyi Nyima was "in danger from Tibetan separatists in exile and that the parents had appealed to the government for protection". No indication of the whereabouts of the family or the conditions under which they were being kept was given.

Concerning the state of the detained, the PRC government supplied the following information;

  • That Chadrel Rinpoche, after leaving Beijing in mid-May 1995 to return to Tibet had "suddenly taken ill and had to be hospitalized. Considering the fragile state of his health, the Managing Committee of the Tashilhunpo Monastery thought it best to relieve him of his function as Administrator. He is at present under medical care."

Chadrel Rinpoche was the abbot of Tashilhunpo monastery, the traditional seat of the Panchen Lama, and was appointed leader of the Search Committee for the reincarnation of the Panchen Lama by the Chinese authorities more than six years before the Dalai Lama's announcement. In contrast with this official response, Chadrel Rinpoche has reportedly been in detention since May 1995 on suspicion of having communicated with the Dalai Lama in exile regarding the choice of the reincarnation. He has been accused in newspaper articles of "manipulating religious rituals and the historical convention".

On 22 May 1996, Chadrel Rinpoche was stripped of his membership of the Sixth "TAR" CPPCC (Chinese People's Political Consultative Committee) and removed from his post as Vice-Chairman because he "went against the fundamental stand of the nation and lost his political direction". The announcement of 24 May 1996 on Radio Lhasa added that "In doing this, we have purged the CPPCC of bad elements and have made it clean...". Chadrel Rinpoche had already been replaced in July 1995 as head of Tashilhunpo monastery's management committee.

  • That Samdrup (a businessman from Shigatse), Thupten Dapa (layname: Gonpo) and Topgyal had been placed under investigation "for suspicion of revealing important state secrets" in violation of the Chinese Criminal Law, but that the latter two had been taken off the investigation list.
  • That the following had been sentenced to prison terms "for taking part in disturbing social order and obstructing state officials from fulfilling their functions" thus violating the Criminal Law: Lobsang Tendor (layname Tendor); Gendun Gyatso (Gendun); Sherab Cheme (Buchung); Lobsang Choedak (Chungdag) and Thubten Kalsang/Shepa Kalsang (also known as Lobsang Phuntsog).
  • That the following 19, previously under investigation for "disturbing social order and obstructing state officials from fulfilling their functions", had been released: Gyatrul Lobsang Gyalpa (layname: Gyatrul Rinpoche, a lama from Tashilhunpo monastery); Lobsang Youden (Lhakpa Tsering); Lobsang Nyendak (Ringkar Ngawang); Lobsang Cholang (Ngodrup); Lobsang Tenzin (Tenzin); Lobsang Sherab (Sherab); Lobsang Tashi (Tashi Dondrup); Sherab Phuntsog (Tsering Phuntsog); Lobsang Phuntsog (Sonam Phuntsog); Lobsang Palju (Lobsang Tseten); Lobsang Wangchug (Wangchug); Pema Dorje; Lobsang Lungdog (Lhakpa Tsering); Lobsang Gyaltsen (Lobsang Dawa), Champa Samden (Tsering Gonpo), Lobsang Dorje (Dorje Gyaltsen) (all monks from Tashilhunpo monastery); Lobsang Yangphel (Pema), Lobsang Tenzin (Champa Tenzin), Lobsang Dadoi (Penpa Tsering).

 

The government failed to give details regarding eighteen unnamed persons reportedly detained for involvement in the case of the reincarnated Panchen Lama.

A large number of monks have also left or been expelled from their monasteries throughout 1996 for refusing to denounce Gendun Choekyi Nyima as the reincarnation. In January 1996, nine monks from a monastery in Shigatse were reportedly detained after burning pictures of seven year-old Gyaltsen Norbu, the boy chosen by the Chinese authorities.

 

1.3. China's "Strike Hard" Campaign in Tibet

In April 1996, the Government of the PRC launched the nation-wide "Strike Hard" or "Crack Down Severely On Crimes" campaign, targeted at crushing corruption and crime. Within Tibet Chinese authorities have focused on "splittists" - individuals who support Tibetan independence and the leadership of the Dalai Lama. The main sub-campaign of Strike Hard within Tibet is the so-called "Patriotic Re-education Campaign" and followed from earlier campaigns, such as that banning photographs of the Dalai Lama, which aimed to stifle politically restive monks. The "Patriotic Re-education" campaign in Tibet has led to wide-spread arrests and expulsions of monks who have refused to be "re-educated" along Chinese communist lines.

1.3.1. Ban on Photographs of the Dalai Lama

On 26 January 1996 the order was given by the "Tibet Autonomous Region's" Department of Culture to Norbulingka and Potala Palace to remove all photographs of the Dalai Lama. Following this order, the ban was extended to public institutions and private homes.

On 7 May 1996 a Chinese "Work Team" (Chinese : gongzuo dui) arrived at Ganden Monastery, tasked with removing all photographs of the Dalai Lama. The monks refused to co-operate, sparking off a riot. One monk, Kelsang Nyendrak, died after being shot by Chinese authorities, and five other monks, including 14 year-old Gelek Jinpen, received bullet wounds. Reports of arrests of monks range from 85 to 90. A few months later a number of monks were expelled as "fugitives".

While some of those arrested were released in the following months (eight in June, three on 23 July and 15 on 30 August), 15 are known to be still in custody.

1.3.2. "Re-education Campaign"

The "Patriotic Re-education" campaign aimed not just to strike at the heart of Tibet's spiritual culture, but also to clamp down on the powerful dissident movement that had taken root in many monastic institutions. The two main tools of the campaign have been the enforcement of laws restricting entrance to monasteries and the introduction of a political pledge with five principles:

1. Opposition to separatism;
2. The unity of Tibet and China;
3. Recognition of the Chinese appointed Panchen Lama;
4. Denial that Tibet was or should be independent, and
5. Agreement that the Dalai Lama is destroying the unity of the people.

The effect of both of these measures has been to de-populate the monasteries.

Monks are given red-cards if they assent to these principles. They are subsequently allowed unrestricted travel within China and are seen by the Chinese as, "[having] great belief and love for their country and religion". Those who refuse receive a green (sometimes described as blue) card and are considered to have "unsatisfactory love for their country and religion". The green card restricts travel to within the region of domicile and holders must prove their loyalty to the nation, generally by refraining from any "splittist" activities, in order to earn the red-card.

1.3.3. Work Teams

As part of the re-education process, it is common practice for Chinese "work teams" to be sent into monasteries to instruct monks on the evils of the Dalai Lama and Tibetan nationalism. Should the monks refuse to be "re-educated", they may suffer harassment, expulsion or arrest.

Monks are asked to study the following materials issued by the Chinese authorities: "A Brief Explanation and Proclamation on Tibetan History" [Tibetan: bod kyi lo rgyus sgrog sbyang 'grel bshad kyi gnad bsdus]; "A Brief Explanation and Proclamation on Opposing Splittism" [kha phral la ngo rgol bya rgyu'i sgrog sbyang 'grel bshad kyi gnad bsdus]; "A Brief Explanation on Legal Knowledge" [khrims lugs shes bya'i sgrog sbyang 'grel bshad kyi gnad bsdus] and "A Brief Explanation and Proclamation on Religious Policy" [chos lugs srid 'jus kyi sgrog sbyang 'grel bshad kyi gnad bsdus].

Work teams in the following monasteries have been reported:

  • Drepung - a 180 person team (some Tibetans but mostly Chinese) which arrived on 1-2 August 1996 was holding group lectures and also engaging in private tutoring whereby a group of officials focus on a single monk; putting questions, issuing threats and inquiring about the activities and attitudes of other monks. Work team officials were pressuring young monks to give up their studies and return home. Some Drepung monks resigned in advance of the written examinations which would have required the monks to denounce the Dalai Lama.
  • Despite threatening monks with expulsions and prison sentences if they opposed the campaign, the work team was forced to admit the failure of the re-education session. For example, during a meeting on 4 November 1996 a work team official declared that 20 percent of monks continued to hold "reactionary views" towards the government and that about 60 percent are "lacking in their own ideology" and in this way following the "reactionary views".
  • Gyantse - a 15 member work team had been in residence since early July. They were lecturing three evenings a week and were planning to stay for three months.
  • Shalu - A team of five officials in residence.
  • Sakya - A 20 member work team had been there since July conducting daily "political" sessions from 3 to 7 p.m. The sessions were due to end in mid-October4. Sakya nunnery also has a work team of 3 officials giving daily lessons.
  • Sera - A work team of 70 officials arrived in June and have held main sessions three times a week. There are attendance slips which must be kept, and monks must write their own biography, give a thumbprint and sign the five points. In order to illustrate the benefits of Chinese rule in Tibet, officials at Sera reportedly employ educational techniques such as visits to Lhasa's military hospital and modernisation projects in Lhasa5. Armed officials or police are said to be deployed on rooftops around the monastery during all sessions. In November 1996, five Sub-Committees - Health, Finance, Culture, Security and Education - were added to the Democratic Management Committee of Sera Monastery, presumably to further disempower the monks.
  • Nechung - A work team comprising seven officials, all Tibetans, in residence.
  • Ganden - For six months from May to October 1996, Ganden Monasterywas closed to outsiders. Chinese military personnel camped in tents at the foot of the hill where the monastery is situated. No communication was allowed between the monastery and the outside.
  • Samye - A work team was sent in July/August.
  • Sangdog Palre - Four member work team in residence and to remain for three years.
  • Chamdo - The campaign was launched with the arrival of a 24 member work team in August 1996. The work team planned to carry out the campaign for forty days and extend if they did not achieve the desired results. There are 13 classes, each with 60 to 180 monks, conducted at 2 p.m. and then at 6 p.m. The 2 p.m. class focuses mostly on the five principles6 and at 6 p.m. the lesson concentrates on Chinese Communist ideology. 1.3.4. Arrests and deaths in custody

Unofficial media figures report at least 2,200 executions and thousands of heavy prison sentences across China since Strike Hard's launch. Within Tibet, there are reports of more than 110 arrests and at least two deaths in 1996 in connection with the campaign. Twenty four of the arrests were a direct result of monks questioning a work team's form of education.

In July 1996, Dorjee (family name: Khangtsiri), aged 66, died after he was beaten up by members of the People's Armed Police and the PSB7 and in May 1996 Kelsang Nyendrak, a Ganden monk, was shot by Chinese forces and died8.

In July three monks and two laypeople were arrested at Sera monastery for pasting wall posters and protesting denial of religious freedom. Also in July, four other Sera monks were arrested for protesting against the work team's campaign. In Drepung monastery, 13 monks are known to have been arrested during the re-education campaign. Ngawang Tharchin, aged 25 from Dhamshung County, was detained in September 1996. Ngawang had reportedly challenged a work team member regarding the Chinese version of Tibetan history on four occasions and on another occasion criticised one of the work team member's lack of knowledge on this subject.

Ngawang was reportedly arrested two weeks after standing up during a re-education lecture and contesting a statement that Tibet has been part of China since the Yuan dynasty. He was expelled from the monastery and sentenced on about 25 October 1996 without trial to three years re-education through labour for holding a "reactionary attitude". He is believed to be in Trisam Prison, 10 km west of Lhasa.

Another Drepung monk named Gyaltsen Yeshe, aged about 20 from Meldro Gongkar was also arrested at around the same time for challenging the work team. Gyaltsen strongly raised the issue of Tibetan independence during work team discussions, asking for historical evidence and unbiased records to prove the contrary. Gyaltsen was subsequently expelled and sentenced to three years imprisonment.

Yeshi Jangchub, aged 65 of Meldro Gongkor County, also of Drepung monastery, was detained for one month for the possession of photographs of the Panchen Lama and three prayer books. Two other monks - Thinley Kalden of Chushul County and Ngawang Sangpo of Meldro Gongkar - were also arrested in connection with this. Thinley was released after one month and Ngawang is still in detention in Sangyip Prison.

Other Drepung monks arrested were: Ngawang Choegyal (layname: Gyatso) aged 34 from Kham who was detained on 20 August; Ngawang Lhundup of Dhamshung County; Ngawang Shakya and Jamphel Wangchuk both of Rinpung County; Phuntsok Tashi, Phuntsok Jamdhen and Ngawang Gyatso, all of Lhundup County; and Ngawang Thupwang of Lhoka Danang County.

There are unconfirmed reports of deaths in an incident at Ganden Choekor monastery in Ringon, Namling county, 50 km east of Shigatse. A monk called Lhundrup Palden is said to have been arrested in November or December along with two of his students after he distributed a long-life prayer for the child recognised by the Dalai Lama as the reincarnation of the Panchen Lama. Another report, unverified, said that two student monks had drowned after they had jumped into a river to escape from police.9

It was reported that two arrests and one death in custody have resulted from the re-education sessions at Sakya monastery10. On 23 August the caretaker-monk of Sakya's main chapel, Gendun Gyaltsen, was arrested during a political meeting after pictures and cassettes of the Dalai Lama were found in his room. After having his thumbs placed in metal "thumbcuffs", Gendun Gyaltsen was led away by police. One week later, after his release, he was expelled.

Tenchok Tenphel, a 27 year-old monk, was reportedly arrested at Sakya monastery on 1 September 1996 in front of a re-education session. He was held in the Sakya County Prison where he died on 14 September. While police said that he had committed suicide, local sources allege that he had died as a result of abuse in prison and no autopsy was carried out.

Sometime in September 1996, according to a former monk, 14 monks of Ganden monastery were transferred to Drapchi Prison after sentences of up to eight years were imposed on them. Another 12 to 13 monks were moved to Trisam Detention Centre where the highest sentence imposed was three years.

1.3.5. Executions11

In the first month of the Strike Hard campaign there were reported to be 187 arrests in Chamdo prefectural region alone. Amongst these, 34 Tibetans have been executed in the TAR region. Four of these were announced in Lhasa on 11 May 1996; eight in Shigatse on 27 May 1996; four in Nyingtri on 12 July 1996; nine in Lhasa on 9 July 1996; and four more in Lhasa on 6 August 1996. According to unofficial sources a further five were executed in Tsethang on 11 September 1996. The rate of execution was eight times higher in Tibet than in China during the campaign.

1.3.6. Voluntary depopulation

Many monks have chosen to voluntarily leave monasteries rather than renounce their spiritual leader. Tsering Dawa12, who was working at Samye monastery during the re-education campaign, reported that in July / August 1996, a "work team" was sent in to Samye monastery. Tsering's brother, Tenzin Dorjee, was a 25 year-old monk and disciplinary in charge of the dialectical class at Samye. The "work team" distributed questions to the monks testing their beliefs. On 10 September 1996 Tsering found his brother missing, his whereabouts unknown, and said he suspected this was a result of Tenzin Dorjee's vehement opposition to these questions.

Tenzin Bhagdo13, aged 23, from Drepung monastery reported that a "work team" was sent in to Drepung on 2 August 1996. "During the campaign each monk was called to a secluded place and was individually interrogated by a member of the work team. The questions aim to oppose His Holiness the Dalai Lama and to denounce the Panchen Lama reincarnation recognised by His Holiness. Each monk was interrogated three times. If one does not give a satisfactory answer on the third time, he will not only be debarred from the monastery but is also sure to be put behind bars", he said. Tenzin left the monastery before his third interrogation for fear of being imprisoned.

It is reported that approximately 50 monks have voluntarily left Drepung monastery for fear of arrest.

1.3.7. Expulsions

Waves of expulsions have taken place throughout Tibet in 1996 as part of "Strike Hard". Reports of expelled monks total some 1295 and Chinese authorities have targeted young religious initiates in particular.

It is reported that a monastic school in Kumbum monastery, Amdo region, of 200 pupils was closed on 6 May 1996. One hundred of the students, all unregistered monks, were subsequently expelled.

Rev. Palden Dhondup, the 80 year-old abbot of Chubsang Nunnery, north of Lhasa, was reportedly expelled from the nunnery in July 1996.

On 30 August 1996 at Ganden Monastery 92 monks were expelled, including 15 monks (released that day) who had been imprisoned in May following protests at the monastery. No reasons were given and the monks were told that, because they had turned against the nation, they could not rejoin a monastery and that they could not go to Lhasa unless they were originally from that city.14

Sonam Choephel, a Ganden monk who escaped to India, said that political officials decided which monks to expel during the three month re-education session based on observations of the monk's willingness to reform, his attitude to the Chinese and his denunciation of the Dalai Lama.

On 31 August 1996 a second group of around 60 or 70 Ganden monks, most of them below the age of 15 were expelled.15 There are presently about 300 monks in Ganden and, as this is 100 less than the official ceiling of 400, this suggests that both registered and unregistered monks are being expelled.

Tsultrim Gyaltsen16 is a 20 year-old monk from Dunbhu Choekhor Monastery (belonging to the Sakya school of teaching) in Chideshol in Lhokha district. He and three other monks had refused to sign a document which denounced the Dalai Lama and rejected Gendun Choekyi Nyima as the reincarnation of the Panchen Lama and were consequently expelled.

On 23 August 1996, the caretaker-monk of Sakya monastery's main chapel, Gendun Gyaltsen, was arrested after pictures and tapes were found in his room. One week later, after his release, he too was expelled.17 A Drepung monk has reported that 216 monks have been expelled from Drepung monastery in 1996. Other sources report that Drepung monks under 15 or 16 years of age have recently been expelled. These sources report that other monks were warned that if they failed to accept the five point political pledge required under the Chinese re-education campaign by 25 December 1996 they would also be expelled.

Thupten Tsering, a former Sera monk now in India, reports that on 17 November 1996 eight Sera monks from Toelung, 12 km west of Lhasa, all below the age of 16, were expelled. Similarly, on 18 November 1996, 18 more Sera monks aged below 16 from Phenpo Lhundrup (135 km north of Lhasa) were expelled. Then on 19 November 1996, 33 monks below the age of 16, originating from Lhasa and near-by regions, were expelled. On 20 November 1996, Sera monks below the age of 16 from Meldro Gongkar, 73 km east of Lhasa, were to be expelled but no more definite information was available regarding this incident.

In Sera Monastery 515 monks have been issued red passes and allowed to continue in the monastery. The rest of the monks are believed to have been issued green passes and remain in the monasteries under certain conditions. The pleas of other monks of Sera monastery to the authorities not to expel the novice monks went unheeded. The expelled monks who have some knowledge and experience have been stripped of all rights to perform religious ceremonies in their native villages.

In Lhatse Monastery 52 of the 75 monks have been expelled since May 1996. Ngawang Jampa, aged 24 from Lhatse, Palbar Dzong, was one of them. He was expelled in late May after refusing to put his thumb print as a mark of agreement. Ngawang subsequently joined Chamdo Monastery but was similarly expelled from there in late 1996. He had been told during one of his annual trips to Lhatse by Religious Bureau and PSB officials that if he returned to Chamdo he would face expulsion. Ngawang responded that his studies were in Chamdo and that he would have to return and, as a result, his name was removed from the monastery's master-role.

Other Chamdo monks were asked to go to the monastery of their respective district to continue their education campaign and would then need to receive permission from the district office to return to Chamdo. However, it had reportedly already been decided by the authorities not to grant this permission and, as a result, 500 of the 1500 monks were expelled. It was also decided that novice monks below the age of 18 would also be expelled but thus far this has not been implemented.

It was reported by Ven. Dawa and Phurbu Tsering of Kongpo Sangdog Palre Monastery, who fled Tibet in October 1996 following their expulsion, that 200 monks from their monastery had been expelled.

1.4. The "Last Battle"

In January 1996 Chinese religious authorities warned, "Those who make use of religion to interfere with administrative, judicial, martial, educational and other social affairs, especially those who take advantage of religious reasons to split the country, must be severely cracked down upon according to law".18 Three immediate tasks were identified in order to "clean-up problems in religion" in 1996: to order all places of worship to register; to deal with difficult religious problems of public concern; and to cultivate contingents of young patriotic religious preachers.

In November 1996, the Tibet Central Committee launched a "Last Battle" against the Dalai Lama, aimed at eradicating any vestiges of the Dalai Lama's influence from all levels of society. Their report stipulated that the anti-splittist campaign, launched in the region's monasteries this year, must be broadened and signalled the adoption of "administrative measures to resolve the uncontrolled proliferation of religious festivals and shrines". The report stressed the strengthening of controls over daily life in Tibet which must also involve the close supervision of literature and the arts to ensure that they fulfill the socialist role of "serving the people" rather than propagating "spiritual garbage".

The Committee vowed to deal severely with "any monks or nuns whose religious activities or superstitions affect industrial production or daily life" and, identifying Tibetan youth as the key battleground, called on every school in the region "to push socialist teachings and focus on political and ideological education".

This latest campaign by China against Buddhist Tibet, under the guise of uprooting so-called splittism, intends, by forcing the closure of many monasteries and restricting religious practice, to further strike at the root of the cultural and spiritual identity of the Tibetan people. China's most senior judge, President Ren Jianxin of the Supreme People's Court vowed in December 1996, "On the basis of our successful experiences this year, we will continue to deepen the 'Strike Hard' campaign ... The key task for next year is to eliminate all threats to social stability by asserting complete control over the public order situation throughout the country."

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Last updated: 14-Feb-97