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The United Nations and Tibet
International Committee of Lawyers for Tibet, April 1994
The People's Republic of China (PRC) has occupied Tibet since 1950. During the almost 45 years of occupation, the PRC has deprived the Tibetan people of basic human rights and fundamental freedoms, threatening their distinct cultural, religious, and national identity. The Tibetan people in exile have appealed to the international community to intercede on their behalf to restrain the PRC's actions.
The United Nations (U.N.) has affirmed its support for the protection of human rights and fundamental freedoms for the Tibetan people in three General Assembly resolutions. Since the PRC joined the U.N. in 1971, the PRC has effectively blocked any further resolutions at the General Assembly level. Moreover, because the PRC has a permanent seat on the Security Council, it can veto any proposed enforcement actions against it.
Yet, despite the General Assembly's failure to adopt any resolutions on the Tibetan Situation, member States and non-governmental organizations (NGOs) have repeatedly expressed concerns about ongoing human rights violations in Tibet at both the General Assembly and the Commission on Human Rights. Special Rapporteurs, appointed by the Commission on Human Rights, have documented numerous instances of human rights violations against Tibetans by the Chinese, including torture, involuntary detention, and religious intolerance. Although these actions cannot compel the PRC to respect Tibetan rights, they serve an important function by publicizing, on an international level, the plight of the Tibetan people.
I. LEGAL BASIS FOR THE UNITED NATIONS' ACTIONS ON TIBET
The U.N. Charter and the Universal Declaration of Human Rights have served as the primary basis for U.N. intervention on Tibet. In addition,
numerous other declarations and covenants affirm the right of all individuals to enjoy basic human rights.
A. The United Nations Charter
The United Nations was created in 1945. Under Chapter I, Article 1 of the U.N. Charter, the purposes for which the United Nations was created include:
Maintain[ing] international peace and security . . . ;
Develop[ing] friendly relations among nations based on respect for the principles of equal rights and self-determination of peoples; [and]
Achiev[ing] international cooperation . . . in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.
Further, Article 55 of the Charter provides as follows:
United Nations shall promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
Finally, in Article 56, Member States "pledge themselves to take joint and separate action . . . for the achievement of the purposes set forth in Article 55." The PRC joined the U.N. in 1971. In so doing, the PRC adopted the principles embodied in the U.N. Charter. Accordingly, as a member of the U.N., the PRC has pledged to take action to promote respect for and observance of human rights and fundamental freedoms. Yet, as the situation in Tibet demonstrates, the PRC has consistently failed to fulfill its obligations under the Charter.
B. The Universal Declaration of Human Rights
The United Nations adopted the Universal Declaration of Human Rights in 1948. The Declaration enumerates the basic human rights and freedoms of every individual; those rights include:
- the right to life, liberty, and security of person (Article 3);
- freedom from torture or cruel, inhuman or degrading treatment or punishment (Article 5);
- the right to equality before the law (Article 7);
- the right to freedom from arbitrary arrest, detention, or exile (Article 9);
- the right to a fair and public hearing before an independent and impartial tribunal (Article 10);
- the right to be free from arbitrary interference with privacy, family and home (Article 12);
- the right to own property and freedom from arbitrary deprivation of property (Article 17);
- the right to freedom of thought, conscience, and religion (Article 18);
- the right to freedom of opinion and expression (Article 19); and
- the right to freedom of peaceful assembly and association (Article 20).
The declaration was approved without opposition by the U.N. General Assembly in 1946.
C. Other Covenants and Declarations
Although the U.N. Charter and the Universal Declaration of Human Rights are the only documents expressly mentioned in U.N. General Assembly resolutions concerning Tibet, numerous other international conventions also provide a basis for U.N. action. For example, in December 1966, the General Assembly adopted the International Covenant on Economic, Social, and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights. These covenants affirm the right of self-determination of all people. More specifically, the covenants recognize, by virtue of the right of self-determination, the right of people "to freely determine their political status and freely pursue their economic, social, and cultural development." The signatories to the Covenants agree to "promote the realization of the right of self-determination" and "respect for that right in conformity with the provisions of the Charter of the U.N." The PRC has not ratified these International Covenants. It has, however, ratified or signed at least eight international human rights conventions and protocols.
In short, numerous declarations and resolutions recognize the right of all persons to enjoy basic human rights and fundamental freedoms. The PRC has supported some of these declarations and resolutions. And yet, since 1950, reliable reports have confirmed that the PRC continues to violate systematically these basic rights and freedoms in Tibet.
II. UNITED NATIONS ACTIONS CONCERNING TIBET
A.General Assembly Resolutions and Discussions Concerning the Situation in Tibet
The Dalai Lama first sought U.N.'s assistance shortly after the PRC's invasion of Tibet. In a letter to the Secretary-General, the Kashag (Cabinet) and National Assembly of Tibet, the Tibetan delegation Shakabpa (House Kalimpong) "appeal[ed] . . . to nations of the world to intercede in [Tibet's] behalf and restrain Chinese aggression." The delegation thus "entrust[ed] the problems of Tibet . . . [to] the ultimate decision of the United Nations, hoping that the conscience of the world [would] not allow the disruption of [Tibet] by methods reminiscent of the jungle." Citing the U.N.'s purpose of maintaining international peace and security, as set forth in Article 1 of the Charter, El Salvador then requested that the situation in Tibet be placed on the General Assembly agenda; El Salvador also prepared a resolution that, if passed, would have "condemn[ed] [the PRC's] act of unprovoked aggression against Tibet" and established a commission to study measures that the General Assembly could take to address the Tibetan situation.
However, the General Committee voted not to consider El Salvador's request. Some States, notably the former Soviet Union, argued that, under Article II, Paragraph 7 of the Charter, which forbids the U.N. from interfering in a State's internal affairs, the U.N. did not have jurisdiction to discuss Tibet. While other States, such as India, were more sympathetic to the Tibetan cause, they expressed hope that the matter could be resolved peacefully and therefore elected not to bring the matter to the General Assembly.
The Dalai Lama again sought United Nations assistance in September 1959 after the PRC's brutal suppression of a Tibetan national uprising and the Dalai Lama's subsequent flight to India. The Dalai Lama reported that over 1,000 monasteries had been destroyed between 1950 and 1959, 65,000 Tibetans had been killed fighting the Chinese since 1956, and a full-scale campaign was being waged to exterminate religion in Tibet. In light of these events, the governments of Malaya and Ireland requested that the "Question of Tibet" be placed on the General Assembly's agenda for its Fourteenth Session. Specifically, concerned about the PRC's
attempt to destroy the traditional way of life of the Tibetan people and the religious and cultural autonomy long recognized to them, as well as a systematic disregard for the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights,
Malaya and Ireland submitted a draft resolution that called for respect for the fundamental human rights of the Tibetan people and for their distinctive cultural and religious life.
As was the case in 1950, several Member States objected to the resolution, claiming that the U.N. lacked the authority to discuss Tibet because it involved the PRC's "internal affairs." Opponents of the resolution also claimed that it was inappropriate to discuss Tibet because the PRC was not a member of the U.N. On the other hand, proponents of the resolution argued that, regardless of Tibet's standing as an independent nation, the Tibetan peoples had a fundamental right to enjoy basic human rights. Malaya, for example, argued that any violation of the principles of the U.N. Charter and the Universal Declaration were international concerns and, therefore, properly raised before the U.N. In short, many States stressed the U.N.'s fundamental obligation to address human rights violations wherever they occur.
The General Assembly voted overwhelmingly in favor of the resolution. In Resolution No. 1353 (XIV), the first resolution to address human rights issues in Tibet, the General Assembly,
[m]indful of the distinctive cultural and religious heritage of the people of Tibet and of the autonomy which they have traditionally enjoyed, [and] . . . [g]ravely concerned at reports, including the official statements of His Holiness the Dalai Lama, to the effect that the fundamental human rights and freedoms of the people of Tibet have been forcibly denied them, [c]all[ed] for respect for the fundamental human rights of the Tibetan people and for their distinctive cultural and religious life.
Despite Resolution 1353's call for respect of human rights in Tibet, the U.N. continued to receive reports of human rights violations. Accordingly, Malaya and Thailand requested, and the General Committee recommended, that the Tibet situation be included on the agenda for the General Assembly's Fifteenth Session. However, because of the press of business, Tibet was not discussed by the General Assembly until its Sixteenth Session in 1961. Despite continued claims by some States that the U.N. lacked authority to discuss Tibet, the General Assembly adopted Resolution 1723 in which it expressed its "grave concern . . . for the violation of fundamental rights of the Tibetan people and the suppression of the distinctive cultural and religious life which they have traditionally enjoyed," and
[r]eaffirm[ed] its conviction that respect for the principles of the Charter of the United Nations and of the Universal Declaration of Human Rights is essential for the evolution of a peaceful world order based on the rule of law;
[s]olemnly renew[ed] its call for the cessation of practices which deprive the Tibetan people of their fundamental human rights and freedoms, including their right to self-determination; [and]
[e]xpress[ed] the hope that Member States will make all possible efforts, as appropriate, towards achieving the purposes of the present resolution.
Unlike Resolution 1353 which simply "calls for" respect of the Tibetan people's human rights, Resolution 1723 encouraged States to make "all possible efforts" to ensure protection of human rights. In addition, with the adoption of this resolution, the General Assembly explicitly recognized the Tibetans' right to self-determination.
Yet, the PRC continued to disregard the U.N. resolutions. In 1965, citing a food crisis in Tibet and the influx of Tibetan refugees into neighboring states, the Dalai Lama appealed to the U.N. "for sympathy and support" on the issue of Tibet during the Twentieth Session of the General Assembly. At that session, the General Assembly passed its third resolution addressing Tibet. In Resolution 2079, the General Assembly "renew[ed] its call for cessation of all practices which deprive the Tibetan people of the human rights and fundamental freedoms which they have always enjoyed" and "appeal[ed] to all States to use their best endeavors to achieve the cessation of those practices."
Since the adoption of Resolution 2079, the General Assembly has not formally addressed human rights conditions in Tibet, no doubt in large part due to the fact that the PRC joined the U.N., and held a permanent seat on the Security Council, in 1971. Yet, despite vigorous opposition by the PRC representatives, recently, several States have expressed concern about the PRC's human rights records during General Assembly plenary sessions. For example, during the Forty-Fourth and Forty-Fifth sessions of the General Assembly (in 1989 and 1990), several Member States, including Costa Rica, Sweden, the Netherlands, Canada, the United States, and the European Community expressed concerns about the situation in Tibet.
B. Actions by Other United Nations Bodies
In addition to the General Assembly, other United Nations organizations - most notably the Commission on Human Rights and its Sub-Commission on Prevention of Discrimination and Protection of Minorities - have addressed the situation in Tibet.
1. Commission on Human Rights
Since the mid-1980's, the situation in Tibet has been repeatedly raised at sessions of the Commission on Human Rights. The Commission was established by the General Assembly and began its work in 1947. Its first task involved preparation of the Universal Declaration of Human Rights; it also developed both the Economic, Social and Cultural Rights and Civil and Political Rights Covenants. The Commission also established working groups and rapporteurs who report to the Commission after investigating and asking governments to explain alleged human rights violations. Although not binding, UN action reinforces actions by private groups and establishes international standards and norms.
With respect to Tibet, Special Rapporteurs on Religious Intolerance, Torture, and Summary on Arbitrary Executions and by the Working Group on Enforced or Involuntary Disappearances have regularly included incidents of human rights violations against Tibetans in their reports.
Over the past six years, many NGOs and a number of member States have urged the Commission to take a more active position on Tibet. For example, in 1990, a group of twenty NGOs requested that the Commission appoint a Special Rapporteur to address the issue of self-determination and the allegations of human rights violations by the PRC against the Tibetans. In 1991, during the Forty-Seventh Session, one NGO, Pax Christi, proposed that the Commission form a Working Group on the right to self-determination, a proposal which was sharply criticized by the PRC. During the Commission's Forty-Eighth Session, in February 1992, 22 nations, led by the European Community, submitted a draft resolution that called upon the PRC "to take measures to ensure the full observance of human rights and fundamental freedoms to Tibetans" and invited the PRC government to "continue to respond to requests by special rapporteurs for information." However, the U.N. delegates reportedly expressed interest in an alternative resolution that implied Chinese sovereignty over Tibet and, consequently, a number of nations backed away from the European Community draft. The PRC vigorously opposed both drafts and successfully lobbied against the European Community draft resolution.
Similarly, at both the Forty-Ninth and Fiftieth Sessions, resolutions were proposed that expressed concerns about continuing reports of violations of human rights and fundamental freedoms in China. The resolutions did not specifically address conditions in Tibet. Both times, the PRC avoided a censure motion by calling for non-action on the initiative. However, there appears to be decreasing support for the PRC; in 1992, it won its motion by a margin of 12 votes; in 1993, its margin dropped to only 5 votes.
2.Sub-Commission on the Prevention of Discrimination and Protection of Minorities
The Sub-Commission on Prevention of Discrimination and Protection of Minorities has also been active in investigating the situation in Tibet. The Sub-Commission is composed of 26 independent experts who are appointed by the two permanent and 19 rotating member states.
In August 1988, at the Sub-Commission's Fortieth Session, a Sub-Commission expert drafted a resolution calling for more information-gathering on conditions in Tibet; because of intense opposition from the PRC, the resolution was not submitted for a vote. However, the Sub-Commission ultimately succeeded in adopting such a resolution at its Forty-Third Session. Resolution 1991/10 "call[ed] upon the Government of the People's Republic of China fully to respect the fundamental human rights and freedoms of the Tibetan people" and requested that the Secretary-General transmit, to the Commission on Human Rights, information provided by the PRC and other reliable sources, on the situation in Tibet.
In response to Resolution 1991/10, the PRC and over a dozen NGOs submitted information on human rights conditions in Tibet. Not surprisingly, the PRC attacked the adoption of the resolution as a "gross violation of China's sovereignty and territorial integrity" and a "grave infringement" on the principles underlying the U.N. Charter. China concluded that the resolution was "entirely null and void, and absolutely unacceptable to the Chinese government." Finally, the PRC claimed that it has protected the full range of human rights and fundamental freedoms of all Chinese citizens and has respected the principles of the United Nations Charter. In contrast, the NGOs who submitted comments continued to report widespread human rights violations, including incidents of torture, detention, and repression of religious practices. For example, Amnesty International stated that over 100 prisoners of conscience continue to be held in Tibet, detainees were systematically tortured, and extra-judicial executions and unfair trials occurred. Likewise, the International League for Human Rights reported incidents of arbitrary arrest, torture, and coerced sterilization and abortions.
IV.SUMMARY
Over the past forty-three years, the U.N. has, on several occasions, condemned the PRC for its continued repression of the Tibetan people. The General Assembly has thus far adopted three resolutions calling for the cessation of all practices that deprive Tibetans of their fundamental rights and freedoms and urging Member States to use their best efforts to achieve the cessation of such practices. During meetings of other U.N. bodies, numerous Member States continue to express concern about the on-going human rights violations in Tibet. Since joining the U.N. in 1971, the PRC has vigorously opposed any formal resolutions on Tibet, claim