On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, which recognised that ‘all human beings are born with equal and inalienable rights and fundamental freedoms’.
More than half a century after its proclamation, the world’s most translated document has failed to translate into practice, the universality and indivisibility of human rights and fundamental freedoms enshrined in its moral language. The brutal attack on the freedom of Tibet by China, the genocide and killing of over a million Tibetans following its occupation, the 45 years of Tibetans in exile and the continuing violation of fundamental human rights inside Tibet remain as downright proof of the collective failure on the part of the United Nations, the governments world over, law enforcing agencies and human rights groups to uphold the principles of the Universal Declaration of Human Rights.
The Office of the High Commissioner for Human Rights remains elusive and inconsistent on the issue of Tibet. Although the level of repression has been increasing inside Tibet, the UNCHR has failed to adopt a resolution on China, negating its motto of facilitating ‘all human rights for all’. More than a decade after the formation of the UNHCHR and the solemn commitments of the Vienna Declaration and Programme for Action, the universality of human rights remains formal rather than real in Tibet, Tibetans such as Tulku Tenzin Delek are arrested and condemned to death for practicing their beliefs. Democracy, the rule of law, and respect for civil and political rights are flouted with impunity. In Nepal, right under the nose of UN monitoring agencies Tibetan refugees are arrested and sent back to Tibet.
The United States Human Rights Annual Report characterized China’s human rights record in Tibet as ‘poor’ describing a situation whereby “authorities continued to commit serious human rights abuses, including execution without due process, torture, arbitrary arrest, detention without public trial, and lengthy detention of Tibetans for peacefully expressing their political or religious views.”
The UN Working Group on Arbitrary Detention which visited the People’s Republic of China from 18 to 30 September 2004 expressed concern that China is using the war on terrorism as an excuse to crack down on Tibet. It said that China was lagging in bringing human rights laws into line with international agreements and suggested this left the door open for continued abuse of dissenters.
In the statement of the three fact-finding experts of the UNCHR released by the UN in April last, they expressed their deep concern over the situation of Tenzin Delek Rinpoche and disclosed that ‘numerous and credible reports have referred to serious procedural flaws during his closed trial, in particular: violation to the right of a public trial; violation of the right to chose his own lawyer; denial of the right to know and examine the evidence presented against him in court; as well as incommunicado detention and ill-treatment during the pre-trial period.’
Tibet is far from attaining the world of the Universal Declaration of Human Rights. But we believe in the promise that it holds for the future. The collective efforts of the various instruments of the UN and the world body have succeeded in placing human rights in the center of the framework of principles and obligations shaping relations within the international community. Concerning Tibet, the release of high profile Tibetan political prisoners such as Takna Jigme Sangpo, Ngawang Sangdrol and Geshe Sonam Phuntsok can be attributed to the combined efforts and assiduity on the part of the Tibetans, the Tibet Support Groups and the world body.
Today, as the world celebrates Human Rights Day, we are reminded of the concern and assurances that the UN General Secretary had expressed to TYC following upon the demands of our hunger strikers in seeking the immediate and unconditional release of Tulku Tenzin Delek. We are looking forward to the imminent visit of UN Special Rapporteur on Torture, Mr. Theo Van Boven’s visit to China and hope that as assured to us by the UN General Secretary, the special rapporteur will firmly take up the case of Tulku Tenzin Delek with the Chinese officials.
The coming one and half months will be the litmus test for the UN and the world community. The lofty commitments of the Universal Declaration of Human Rights, the rules of international human rights and humanitarian laws and the principles of humanity will be tried in the prison cell of Tulku Tenzin Delek.
Tulku Tenzin Delek not just reflects the ongoing gross human rights violation in Tibet but also embodies the struggle of each and every Tibetan for freedom. Tulku Tenzin Delek represents the collective aspirations of every human being to be able to enjoy the fundamental human rights, to be equal, the be unfettered to colonization, and to be free. It is also a time for all Tibetans to gather our strength and reassert our priorities.
To win the war, we must win this battle.
Kalsang Phuntsok Godrukpa,
President,
Tibetan Youth Congress.
