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Violence and Discrimination Against Tibetan Women
IX. Conclusions and Recommendations
We conclude that there is a systematic, widespread pattern of grave human rights violations as a result of discrimination against Tibetan women and girls in Tibet. These violations taken together create concern as to whether the Tibetan people and their culture can survive. China's birth control policies for Tibetans in particular, as well as China's population transfer policies, its torture of Tibetans, its health care policies and practices, and the evidence of discrimination against Tibetans in education and employment, implicate the international law relating to genocide (both treaty-based and customary) as well as the consonant principle of ethnicide. We cannot underestimate the seriousness of the real threat to the unique Tibetan people and culture.
We begin our recommendations with several general ones. First, our organizations are gravely concerned with the overall situation of Tibetan women and girls in Chinese-occupied Tibet. In light of the seriousness of the situation in Tibet, we urge the Committee to devote a substantial amount of time in its deliberations to this topic. We also ask the Committee to grant our groups an opportunity for oral presentation.
We are also disturbed by the uninformative nature of China's Report. In our view, such reporting does little to advance the work of the Committee as it seeks to eliminate all forms of discrimination against women. Therefore our second general recommendation is that the Committee seek ways to improve the quality of information from China. Methods could include but are not limited to the following: (1) asking China to answer specific written directives prepared by the Committee; (2) asking China to submit a revised report in which it focuses on fewer provisions of the Convention but with more appropriate depth, attention and statistical quality; (3) asking China to seek consultation from available United Nations services so that it better responds to reporting requirements.
In addition to these general recommendations, we make the following specific ones:
1. We recommend that the Committee include as written directives to the Chinese government the following:
(a)China should be asked to describe practical steps it is taking to halt torture and other cruel treatment of Tibetan women during detention and imprisonment. China should be asked to explain the continued use of torture in prisons in Tibet.
(b)China should be asked to describe mechanisms it uses to monitor its prisons effectively for human rights abuses. China should be asked to describe whether it is willing to work with international organizations to establish or improve prison monitoring.
(c)China should be asked to provide written documentation of all its population and birth control policies and practices in Tibet, including copies of all relevant laws and regulations, including local rules that may not be published in official gazettes.
(d)China should be asked to explain all steps taken to eliminate coercive elements, including economic penalties, from its population/birth control policies and practices.
(e)China should be asked to describe steps taken to eliminate all practices which violate a women's privacy rights with regard to her reproductive choices, including the practices of monitoring a women's menstrual cycle and coerced or involuntary pregnancy testing.
(f)China should be asked to explain what steps it is taking to halt the spread of prostitution in Tibet and in particular in areas of great cultural and religious significance such as the area surrounding Potala Palace.
(g)China should be asked to describe its actions to provide affordable health care to Tibetan women.
(h)China should be asked to describe what steps it is taking to promote the education and literacy in the Tibetan language of Tibetan women in urban and rural areas. In particular, China should be asked how it is addressing the drop-out rate of Tibetan girls and sexual or other harassment of Tibetan girls in school.
(i)China should be asked what steps it is taking to address employment discrimination of Tibetan women and specific measures it is implementing to combat workplace sexual harassment of Tibetan women.
(j)China should be asked what steps it is taking to encourage male participation in birth control.
(k)China should be asked what steps it is taking with respect to AIDS education and condom distribution in Tibet.
2. The Committee should urge China to halt all torture, cruel inhuman or degrading treatment or punishment of Tibetans in general and Tibetan women and girls in particular. In that light, the Committee should request China to allow frequent international monitoring of prisons in Chinese-occupied Tibet by either this Committee or other relevant bodies in the international arena. Such monitoring must have sufficient mechanisms to guarantee the end of negative repercussions that have taken place after monitors have left. The Committee should also request that China implement an internal prison monitoring program, including a program specifically established to improve the situation of Tibetan women prisoners.
3. The Committee should urge China to halt all coerced or forced birth control practices against Tibetan women and girls.
4. The Committee should urge China to develop culturally sensitive information, programs and services relating to birth control.
5. The Committee should request that China take immediate and concrete steps to eliminate prostitution in Chinese-occupied Tibet as a matter of the highest priority. In this regard, the Committee should request that China present a meaningful, detailed plan of action with timetables.
6. The Committee should request that China take immediate steps to eliminate all discriminatory practices relating to education, employment and health care of Tibetan women and girls.
7. The Committee should request that China submit a detailed report on implementation of the Platform for Action as set out in Paragraph 323 of the Platform. This report should include plans for the implementation of the right to self-determination of Tibetan women pursuant to the Platform of Action and fundamental principles of international law.
8. The Committee should request that China undertake a more constructive relationship with Non-Governmental Organizations, including but not limited to (a) allowing Non-Governmental Organizations unfettered access to Tibet; (b) establishing working relationships with Non-Governmental Organizations with an aim to improve the overall situation of human rights in Tibet in general and the situation of Tibetan women and girls in particular; and (c) improving the effectiveness of human rights monitoring in Tibet.
9. The Committee should explore ways to coordinate efforts relating to Tibetan women with other relevant bodies established under international human rights treaties or under the United Nations Charter.
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