Curtailament of Freedom of Expression


"Freedom of speech and expression is totally different from the attempt or deliberate attempt to create chaos, endangering the safety of government operation," declared Jiang Zemin, the President of China, on November 28, 1997, during his visit to Canada. The statement makes it evident that the Chinese Government is not prepared to tolerate freedom of expression where it provokes dissent from the official government line.

The Chinese authorities continue to suppress the Tibetan people's basic rights to freedom of speech, expression and opinion. All Tibetan political prisoners languishing in various prisons in Tibet were arrested solely for peacefully expressing their political views. Under the so-called "re-education" campaign launched by Chinese authorities in May 1996 and intensified during 1997, monks and nuns have been ordered to sign pledges of political allegiance to China and to accept without question the work teams' re-styling of Tibetan history and religion. If a monk or nun ventures to speak their own opinion, or to question those of the Chinese officials, they face arrest and expulsion from their monastery or nunnery.

In 1997, the Tibetan Centre for Human Rights and Democracy recorded 96 known cases of Tibetans arrested for expressing their political views. They may have spoken the words "Long live His Holiness the Dalai Lama" or they may have made a sign reading "Free Tibet"; such acts can result in lengthy detention and possible torture.

International Law

Article 19 of the Universal Declaration of Human Rights states:

Every one has the right to freedom of opinion and expression; this right includes freedom to hold opinion without interference and to seek, receive and impart information through any media and regardless of frontiers.

The rights to freedom of expression and opinion are similarly stated in Article 19 of the International Covenant on Civil and Political Rights (ICCPR). That provision also provides that these rights may "be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) [f]or respect of the rights or reputations of others; (b) [f]or the protection of national security or of public order (ordre public), or of public health or morals."

The term "national security" has been introduced in amendments to the Chinese criminal law, replacing the previously used term of "counter-revolutionary". By incorporating a concept recognised in international instruments, China was seemingly attempting to deflect domestic and international criticism of the harsh and arbitrary nature of its criminal charges. In its 1997 'White Paper' on human rights, China justified its repression of free speech under a broad interpretation of "national security".

Two problems arise with regard to this. The first is that such restrictions are applicable under the Covenant only as "are necessary". The exception is intended as just that ( an exception ( and it has been interpreted as a narrow exception. Rather than being employed in exceptional circumstances, it appears that China is in fact taking any expression of political opinion to automatically amount to a threat to the "national security". Secondly, it would be a complete misuse of the principles and purposes of the ICCPR to call upon this exception to freedom of speech and opinion without first recognising the fundamental right itself, and Beijing has in fact steadfastly refused to sign the ICCPR.

Cases of Violation of Freedom of Expression and Opinion

On January 1, 1997, five monks from Drayab Magon Monastery, Drayab County in Chamdo region, were arrested for pasting wall posters reading "Free Tibet", and "Long Live His Holiness the Dalai Lama". The monks were: Gonpo aged 23, Shadok aged 45, Chime Lobsang aged 18, Ngawang aged 21 and Tashi Nyima aged 19. They were taken to Drayap Prison and later transferred to Chamdo County Prison. All except Shadok were sentenced to six years. Lungtok and Choejor, both 27 years old, from Golok "Tibetan Autonomous Prefecture" ("TAP") in Tsongon (Ch: Qinghai) Province were arrested in early January 1997, for pasting wall posters reading, "Free Tibet" and "Long Live His Holiness the Dalai Lama".

Gedhun Dondrup aged 40, Dakpa Gyaltsen aged 23 and Gedhun Ngodrup aged 22, from Rongpo Monastery in Rebkong County in Tsongon (Ch: Qinghai) Province, were arrested on March 23, 1997, after bringing down the Chinese flag and hoisting the forbidden Tibetan National flag in the Malho Teacher Training School.

Menpa Dorjee, a 55-year-old allopathic physician from Rebkong County in Tsongon (Ch: Qinghai) County, was arrested in March 1997, and sentenced to one and a half years imprisonment in early November 1997. Menpa Dorjee was sentenced for hanging the Tibetan national flag in the middle of a street in Rebkong City during the Monlam (prayer) festival. Public Security Bureau (PSB) officials subsequently raided his room and confiscated documents and books on Tibet.

Gyurmey Dorjee, a monk from Dhargey Choeling Monastery in Tsethang Sub-County under Lhoka Region, was arrested by PSB officials in May 1997, for writing leaflets calling for Tibetan independence.

Adruk Lhubum, a monk from Lithang Monastery, Kham (Ch: Sichuan Province), was arrested in May 1997. He was arrested by Lithang County Religious Bureau officials for disseminating speeches of the Dalai Lama in the monastery. Adruk had travelled to India to see the Dalai Lama in 1996 and returned to Tibet the same year.

Tsering Tashi, aged 30, and Yidhi, aged 24, both from La Monastery in Lapa, Zadhe County, Kyigodo in Tsongon (Ch: Qinghai) Province, were arrested in June 1997, after pasting wall posters condemning Chinese rule. They are currently being held in Keygudo Prison.

Jampal Tendar, a monk from Gongkar Choede Monastery in Lhokha Gonkar County, Lhasa City, was arrested on June 16, 1997, for pasting wall posters supporting Tibetan independence.(14) 14

On July 1, 1997, seven monks from Serwa Monastery were arrested for staging a demonstration, shouting slogans such as "Tibet is an independent country" and "Respect for human rights" in Pashoe County, Chamdo Region, "TAR". Subsequently all were arrested by PSB officials. The seven were: Tashi Phuntsok (25), Rigzin Choephel (24), Sherab Tsultrim (25), Dawa Dorjee (24), Lobsang Dorjee (17), Lobsang Damchoe (26) and Ngawang Choephel (16).

Six Tibetans were arrested prior to the Hong Kong hand-over of July 1, 1997, reportedly to ensure stability and security during the ceremony and to prevent riots and pro-independence movements during the July 7 birthday ceremony for the Dalai Lama.(15)15 The six Tibetans were: Dawa (60), Kelsang Tsewang (49), Lhakpa Tsamchoe, Pema Cheodon, Migmar Dolma and Dakpa Wangden.

Ngawang Phelgay, a 26-year-old monk from Drepung Monastery, was arrested on October 22, 1997, for taking down the Chinese national flag and stamping on it.

Pentse, a prisoner in Lhasa's Drapchi Prison, reportedly shouted "Free Tibet" during a visit by a foreign delegation to the prison in the end of 1997. Two prisoners told a prison official that they supported Pentse's comment. All three prisoners were said to have been put in a particularly dreaded cell and threatened with execution.

Nazod Tulku, the spiritual head of Nazod Monastery situated in the south of Serta County, Golok "TAP" in Qinghai Province, was arrested in 1996 for distributing independence leaflets and pasting wall posters protesting against Chinese mining activities.(16)16

Gonpo, a 63-year-old from Bayan County in Qinghai Province, was arrested on December 25, 1996. He was reportedly arrested on charges of having contacts with the Tibetan Government-in-Exile.

Tsering Dorjee, a 33-year-old monk from Thekchen Jangchup Ling Monastery in Nyagchu County, Karze "TAP" in Sichuan Province, was arrested by Chinese officials in December 1996. He was charged for pasting wall posters which read "Free Tibet".

Ngawang Tendar, a 29-year-old from Jampa Ling Monastery, was arrested on August 1, 1995, for shouting pro-independence slogans during the annual summer picnic festival in Tsawa Pomda village. Ngawang, who is from Tsawa Pomda village, Tsawa Pomda County in "TAR"'s Chamdo Region, joined Jampa Ling in 1990. As soon as the people had gathered for the festival, Ngawang and three other friends started chanting "Free Tibet" and "Long Live His Holiness the Dalai Lama". They were arrested by Tsawa Pashoe County PSB. All three monks were released after three months of detention but Ngawang, who was regarded as having spearheaded the demonstration, is still in detention without charge.

[ Homepage ] [ HumanRights ] [ HumanRights97 Report ]



This site is maintained and updated by The Office of Tibet, the official agency of His Holiness the Dalai Lama in London. This Web page may be linked to any other Web sites. Contents may not be altered.
Last updated: 1-Feb-98