March 6, 2012 – Mr. Kai Müller, Executive Director International Campaign for Tibet-Germany speaking on Tibet for the Helsinki Foundation for Human Rights, Clustered Interactive Dialogue with: – The Special Rapporteur on the right to food and – The Special Rapporteur on adequate housing, 19th meeting 19th Session of the Human Rights Council.
The Human Rights Council is an inter-governmental body within the United Nations system made up of 47 States (presently including the People’s Republic of China) responsible for the promotion and protection of all human rights around the globe. The Council meets three times a year in Geneva, and the 19th session runs from 27 February until 23 March 2012.
Special Procedures of the Council address specific country situations or thematic issues. Most Special Procedures receive information on specific allegations of human rights violations (including from ICT) and send urgent appeals or letters of allegation to governments asking for clarification. In this context, NGOs can be given an opportunity to address topics covered by the Special Procedures during its regular sessions.
Mr. Mueller’s oral statement to the Council is among other statements on Tibet that make up a concerted effort to confront China at this important multilateral forum on its human rights record during this time of crisis in Tibet. In addition to Mr. Mueller’s statement (see full-text), Mr. Tenzin Kayta spoke for Tibet on Friday, March 2 on behalf of the Society for Threatened Peoples. Links to these statements and the statements of governments raising Tibet during this session are available below.
Human Rights Watch, Ms. Julie de Rivero (March 6, 2012)
China (right of reply) (March 6, 2012)
Special Rapporteur, Final Remarks (March 6, 2012)
Mr. Kai Müller (March 5, 2012)
Mr. Kai Müller, Executive Director International Campaign for Tibet-Germany speaking on Tibet for the Helsinki Foundation for Human Rights, Clustered Interactive Dialogue with: – The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment – The Special Rapporteur on the situation of human rights defenders, 17th meeting 19th Session of the Human Rights Council.
Mr. Tenzin Kayta (March 2, 2012)
U.S. Under Secretary of State Maria Otero (March 2, 2012)
Czech Republic Deputy Prime Minister Mr. Karel Schwarzenberg (February 29, 2012)
Also see: ICT Report – Czech Republic expresses ‘serious unease’ about ‘escalation of tensions’ in Tibet at UN Human Rights Council
Mr. Kai Müller – Full Text for March 6, 2012
General Assembly
HUMAN RIGHTS COUNCIL – Nineteenth session
Agenda item 3 – Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to developmentInteractive Dialogue: Report of the Special Rapporteur on the right to food (A/HRC/19/59/Add.1)
Oral statement by Mr. Kai Müller on behalf of Helsinki Foundation for Human Rights
Madame President,
We wish to thank the Special Rapporteur on the right to food for his report on his mission to China. While the Rapporteur’s findings suggest that overall access to food in the People’s Republic of China has improved, his reference on forced eviction of nomads suggests that improved food access does not extend to everyone in China.
The Special Rapporteur’s description of the program of nomadic “resettlement” indicates that while the Chinese government is ostensibly acting in order “to preserve the land and benefit the Tibetan nomads economically,” such policies have failed to meet the goals. Mr. De Schutter found that many of the re-settled nomads had lost their land, were unable to keep their livestock, were relocated to areas unsuitable for agriculture, could not practice their traditional livelihoods and were thus economically dependent on State aid.
We wish to inform the Council that Tibet’s nomadic lifestyle is one of the last examples in the world of sustainable pastoralism. For centuries, Tibetan nomadic herders have made a sustainable living uniquely adapted to the harsh conditions of the Tibetan plateau. An estimated 2.25 million Tibetan nomads live on the plateau, and as the Special Rapporteur noted, in 2010 between 50 and 80 percent of these nomads are being evicted from their ancestral lands.
Madame President,
As NGOs have stated to this Council, we wish to echo the Special Rapporteur’s recommendation that calls for the Chinese government to:
“(a) suspend the non-voluntary resettlement of nomadic herders from their traditional lands and the non-voluntary relocation or re-housing programmes of other rural residents, in order to allow for meaningful consultations to take place with the affected communities, permitting parties to examine all available options, including recent strategies of sustainable management of marginal pastures;” and “(b) Improve employment opportunities, education and health services in ‘new socialist’ villages, in order to enable the realization of the right to adequate food in all resettled rural habitants.”
Thank you.
March 6, 2012
Mr. Kai Müller – Full Text for March 5, 2012
General Assembly
HUMAN RIGHTS COUNCIL – Nineteenth session
Agenda item 3 – Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Interactive Dialogue: Report of the Special Rapporteur on torture and other cruel, inhuman treatment (A/HRC/19/61.Add.4)
Oral statement by Mr. Kai Müller on behalf of Helsinki Foundation for Human Rights
Madame President,
In this comment, we wish to applaud the Special Rapporteur on Torture for having communicated to China requesting information and comments on the follow-up measures taken with regard to implementation of the recommendations. It is alarming that the Chinese authorities have failed to respond to concrete questions by the expert. The Committee Against Torture (CAT) is also having a similar experience.
While taking note of China’s response to the Special Rapporteur on the fate of Jigme Gyatso, we wish to inform this Council that Jigme Gyatso continues to be isolated from other prisoners, is denied to adequate medical treatment and is not allowed to meet family members during the normal visiting day and time. Unconfirmed information indicates that Jigme Gyatso protested at the prison in 2010 for which he was severely tortured as witnesses saw him being dragged to this cell. We urge the Chinese authorities to adhere to the call of the Special Rapporteur and release Jigme Gyatso without further delay.
In the report A/HRC/19/61/Add.3 submitted to this Council, the Special Rapporteur speaks of his concern on China about the reports of excessive use and length of pre-trial detention, the lack of guarantees to challenge the lawfulness of detention and the continuing allegations about the use of forced labour as a corrective measure, ill-treatment of suspects in police custody, and harassment of lawyers and human rights defenders.
Madame President,
Since the Special Rapporteur’s visit to China in 2005, hundreds of Tibetans have been detained following the 2008 Uprising on the Tibetan Plateau with consistent reports of torture and custodial deaths. The Special Rapporteur was informed that individuals from politically targeted groups, including Uighurs, Tibetans, Falun Gong, democracy activists and human rights defenders, who allege torture or other ill-treatment in police custody or detention. Such acts rarely are subject to investigations.
As China’s National People’s Congress meets, we remain seriously concerned about the proposed amendments to China‘s Criminal Law Procedure which if considered would permit the legalization of secret detention and supports the Special Rapporteur call that China “refrain from introducing the proposed amendment”.
Madame President, experts say that under the guise of regulating “residential surveillance,” Article 73 of the revised law would effectively also legalise “disappearances” of people viewed as political risks by China. Article 73 would allow the police to secretly detain citizens for up to six months on suspicion of “endangering state security” or “terrorism” — two vague charges that have long been manipulated by the Chinese authorities to crackdown on dissidents, human-rights lawyers, civil-society activists and Tibetans, Uighurs and Mongolians “separatists.”
Madame President,
We remain deeply concerned about the deep mental anguish and torture being inflicted upon the Tibetan people when forced to denounce their spiritual leader, His Holiness the Dalai Lama. And, it is due to such harsh measures which seem to have forced 23 Tibetans to take unprecedented protests through self-immolations. Reports now emerged that on Saturday and Sunday that two more Tibetans, a mother of four and a student died after self-immolating themselves at two different locations which would raise the number of self-immolations to 25. One of the common slogans raised by these Tibetans is that the Dalai Lama be allowed to return to Tibet.
I thank you, Madame President.
5 March, 2012