China
01.12.03
Urgent Interventions

China: authorities forcibly resettle thousands of Tibetan nomad families

Case TIB-FE 011203
OMCT/HIC-HLRN JOINT URGENT ACTION APPEAL:
China forcibly resettles thousands of Tibetan nomad families
to “protect the environment”

The Coordination Office of Housing and Land Rights Network of Habitat International Coalition (HIC-HLRN) and the World Organisation against Torture (OMCT) request your URGENT intervention in the following situation in Tibet.

Situation

The Tibetan Center for Human Rights and Democracy, a partner of HIC-HLRN, has informed HIC-HLRN and OMCT that the Chinese government has plans to displace and resettle 27,679 nomads currently living in the Golog and Yushu Tibet Autonomous Prefectures (TAP) in Qinghai Province, to a fenced-off area of 1,540 mu (103,180 km2) in Amdo, another part of this province. Typically, the Government of China claims “environmental protection,” “reforestation” and “poverty alleviation” as justifications for such practices. The authorities issued a directive on 16 April 2003, giving as a pretext for resettlement that 70% of the grasslands in Matoe County of Golog (TAP) is now barren.

Chinese authorities have broadened their resettlement policy through campaigns like the National Natural Forest Protection Project to redress their previous policies of deforestation and overuse of land in the TAP. Indeed, deforestation at the headwaters of the rivers that flow from the Tibetan plateau into China is the cause for the deadly 1998 floods in China that affected 20 million people. OMCT and HIC-HRLN are concerned that the broadening of the Chinese resettlement policy will result in the Tibetans suffering new consequences for previous Chinese policies of deforestation and overuse of land, that only the indigenous Tibetan nomads know how to maintain.

In addition, OMCT and HIC-HRLN are also concerned by the fact that environmental concerns may be secondary to the real reasons for relocating Tibetan nomads. Chamdo, which is located in the Tibet Autonomous Region (TAR), and the Tibet Autonomous Prefectures are Tibet’s richest areas for mineral extraction. For example, reports indicate that mining activities extend from the Yulong copper mine to the nearby areas in Gonjo (Chamdo, TAR). Reports from the area show that mining machinery and equipment from the large Yulong copper mine have been transferred to and from nearby areas in Gonjo. The State had built the Yulong Mine with a smelter, a town for mine workers, roads leading east, and a refurbished military airstrip. According to the report, Raiding the Treasure House: Oil and Mineral Extraction in China's Colonisation of Tibet, by Andre Carothers, Yulong has "an ore body of more than 700 million tons, it is considered a world-class deposit." This could indicate that some of the mining activities related to this important mine are extended into Gonjo county. As Yulong is unfit for cultivation anyway, the Chinese workers will be completely dependant on Gonjo for subsistence. This implies the usual twofold process that China has been using to take over land from the Tibetans: (1) forcibly evicting indigenous Tibetans and (2) implanting Chinese settlers.

Overall, OMCT and HIC-HRLN are deeply concerned about the effects of this forcible resettlement policy on the affected families and communities. Indeed, these communities have long maintained an economic system and ecology compatible with their nomadic way of life, and their religious practices are closely linked with their ancestral lands and surrounding mountains. Forcibly moving them to another area, even within the Tibetan prefectures, disrupts their whole way of life.

Background

These examples of forced eviction of the Tibetan nomads follow a systematic pattern, and are not isolated incidents. According to reliable sources, the Chinese authorities are evicting Tibetan nomads and farmers from their traditional land located in Gonjo, Jomda and Markham (east of Chamdo Prefecture in the Tibet Autonomous Region—TAR), and Derge (TAP in the Sichuan province) to resettle them in Kongpo Prefecture (Nyingtri in Chinese) located in the southeast of the TAR. The newspaper China Daily recently reported that authorities already have moved nearly 1,000 families out of Chamdo. In the same way, according to Xinhua News Agency, Chinese authorities have evicted 948 people (148 families) from Gonjo County, in Chamdo Prefecture, to Bomi, Nyingtri and Menling counties in December 2001. The forced evictions that took place in Gonjo, Jomda and Markham obviously are directly linked to the Yulong Mine.

The Chinese authorities use financial inducements and other forms of pressure to push the Tibetans to move. Affected people have reported that many are being resettled against their will, and that the original inhabitants of the relocation areas complain about the influx of new, unwanted neighbors. At the beginning of 2003, the Chinese authorities built ten villages in Kongpo/Nyingtri Prefecture to resettle nomads, farmers and agropastoralists of Chamdo and Sichuan. The authorities promised them job opportunities and better lands, but the land of the resettlement areas in Kongpo has proved to be of poorer quality.

The so-called “environmental protection” policies can not be considered to be a more-legitimate reason to forcibly resettle Tibetan nomads than mining. Tibetan nomads and farmers were not responsible for making these areas barren. Between 1950 and 1985 alone, China reduced Tibet’s forest from 25.2 million hectares to 13.57 million hectares. In 1976, indigenous Tibetan ownership of land and animals ceased altogether. Intensified food crop and livestock production has led to extensive destruction of fragile grasslands.

Around 1980, China reversed the communization of nomads and distributed land and animals to families. This brought a new policy of resettling nomads, requiring them to exchange their tents for assigned housing on fenced plots that the authorities leased to them. The concentration of such resettlement areas in more fragile areas has led to further overgrazing.

The current policy now seeks to promote grassland and forest regrowth by banning nomads from these areas. This is a punitive policy that disregards the indigenous people’s rights, as well as their wisdom and intense desire to sustain the grasslands and wildlife as before. Hence, the combined impacts of erosion, fencing, engineered sedentarisation, demographic manipulation, debt, poverty, taxation, chemical poisoning, social exclusion and the absence of basic human services destroy the indigenous Tibetan nomads’ ecological way of life and their livelihood, as well as having destructive environmental consequences.

Housing and Land Rights’ Violations

These practices contravene the Tibetan nomads’ human right to adequate housing; i.e., the right of all women, men and children to gain and sustain a secure place to live in peace and dignity. The Chinese authorities especially violate Tibetans’ entitlements to security of tenure; access to, and benefit from environmental goods, namely land and water; habitability and livelihood on the resettlement lands; location; cultural appropriateness; participation and self-expression; and adequate compensation for violations and losses. All are elements of the human right to adequate housing as recognized in international law. It should be noticed here that all these elements, to be considered as respected, should be obtained in an environment of self-determination, nondiscrimination, gender equality, rule of law, and nonregressivity.

Specifically, the authorities have breached their treaty obligations under articles 1, 2, 11, 12 and 15 of the International Covenant on Economic, Social and Cultural Rights (CESCR), which China ratified on 27 June 2001. The State has been derelict in its obligations as elaborated in the UN Committee on Economic, Social and Cultural Rights General Comments Nos. 4 on the right to adequate housing and 7 on forced eviction. By these practices against Tibetan nomads, China also has breached articles 1, 19, 21, 22, and 25 of the International Covenant on Civil and Political Rights (CCPR) that it signed on 5 October 1998; articles 1 and 6 of the International Convention on the Elimination of All Forms of Racial Discrimination that it accessed to on 28 January 1982; and articles 12, 17, 18, 19, and 21 of the Universal Declaration of Human Rights.

Action Requested

Please write to the authorities in China and urge them to:
1. Stop to the planned resettlement of the 27,679 nomads who are living in the Golog and Yushu Tibet Autonomous Prefectures (TAP) to Amdo (Ch. Qinghai Province);
2. Cease the policy of forcible resettlement of nomads and, instead, provide opportunities such as decentralized veterinary care, encouragement of producer marketing and small-scale value adding;
3. Compensate the resettled nomads and farmers and let them return to their first place if they choose;
4. Discontinue and reverse all violations of the Tibetans’ rights to housing and land, especially their entitlements to security of tenure; access to, and benefit from environmental goods, namely land and water; habitability and livelihood on the resettlement lands; location; cultural appropriateness; participation and self-expression; and adequate compensation for violations and losses;
5. Decentralize agricultural policy, revise price reforms, change land-use patterns and improve farming techniques through training and investment, so as to comply with indigenous Tibetan farmers’ needs and practices, and respect the experience and ecological wisdom of nomads in dealing with their fragile environment. Consultation and cooperation with the local community is essential and an international duty.

Addresses:

· President Hu Jintao of the People's Republic of China
Central Committee Zhongnanhai Xi Cheng Qu
Beijingshi, People's Republic of China

Or through the following embassies:
President Hu Jintao, People's Republic of China
c/o Embassy of the People's Republic of China
2300 Connecticut Ave. NW
Washington DC 20008
Fax: +1 202 588-0032

President Hu Jintao, People's Republic of China
c/o Permanent Mission of the People's Republic of China
Chemin de Surville 11
Case postale 85
1213 Petit-Lancy 2
Geneva, Switzerland
Fax: +41 (0)22 793–7014
E-mail: mission.china@ties.itu.int

· Premier Wen Jiabao of the People's Republic of China
Guowuyuan 9 Xihuangchenggenbeijie,
Beijingshi 100032, People's Republic of China

· Acting Governor of the Sichuan Provincial People's Government
Zhang Zhongwei Daishengzhang
Sichuansheng Renmin Zhengfu Duyuanjie, Chengdushi, Sichuansheng, People's Republic of China
Fax: +86 28 435–6784 / 435–6789 (c/o Foreign Affairs Office, Sichuan Provincial People's Government)
E-mail: sichuan@mail.sc.gov.cn


· Director of the Sichuan Provincial Department of Justice
Zeng Xianzhang Tingzhang,
Sifating, 24 Shangxianglu
Chengdushi 610015, Sichuansheng, People's Republic of China
Fax: +86 28 435–6784 / 435–6789 (c/o Foreign Affairs Office, Sichuan Provincial People's Government)

· Minister of Justice Zhang Fusen
Sifaju (Ministry of Justice)
10 Chaoyangmen Nandajie,
Chaoyangqu, Beijingshi 100020, People's Republic of China
Fax: +86 10 65 292–345

**************
Geneva - Cairo, 1 December 2003

Kindly inform OMCT and HIC-HLRN of any action undertaken, quoting the code of this appeal in your reply to: omct@omct.org and hic-mena@hic-mena.org.

The joint Urgent Action appeals of OMCT and HIC-HLRN are dedicated to the protection of the human right to adequate housing.

**************

Sample Letter

Date

Dear Sir,

We have been informed by the World Organisation against Torture (OMCT) and Habitat International Coalition-Housing and Land Rights Network (HIC-HLRN) that the Chinese authorities are planning to resettle 27,679 nomads in Qinghai Province from Golog and Yushu Tibet Autonomous Prefectures. The Government of China claims “environmental protection,” “reforestation” and “poverty alleviation” as justifications for the resettlement of Tibetan nomads and farmers from the Tibetan Autonomous Region, Qinghai and Sichuan. Previous Chinese policies have resulted in deforestation and overuse of these lands, imperiling the Tibetan nomads’ sustainability. Now, the indigenous Tibetans are being forced to suffer new deprivation as a further consequence of policies for which they are not responsible.

We urge you to compensate the nomads and farmers who have been resettled already, and let them return to their original place of residence, if they choose. We also urge to decentralize agricultural policy, revise price reforms, improve land-use patterns and improve farming techniques through training and investment, so as to comply with Tibetan farmers’ needs and practices, and respect the experience and ecological wisdom of nomads in dealing with their fragile environment. Consultation and cooperation with the local community are essential, too, as well as an international duty. Policies forcing nomads to settle must be avoided and, instead, authorities and duty holders should provide opportunities such as decentralized veterinary care, encouragement of producer marketing and small-scale value adding.

We also urge you to respect the Tibetans’ rights to housing and land, especially their entitlements to security of tenure; access to, and benefit from environmental goods, namely land and water; habitability and livelihood on the resettlement lands; location; cultural appropriateness; participation and self-expression; and adequate compensation. By these practices against Tibetan nomads, the authorities have breached their treaty obligations under articles 1, 2, 11, 12 and 15 of the International Covenant on Economic, Social and Cultural Rights (CESCR), which China ratified on 27 June 2001. The State has been derelict in its obligations as elaborated in the UN Committee on Economic, Social and Cultural Rights General Comments Nos. 4 on the right to adequate housing and 7 on forced eviction. China also has breached articles 1, 19, 21, 22, and 25 of the International Covenant on Civil and Political Rights (CCPR) that it signed on 5 October 1998; articles 1 and 6 of the International Convention on the Elimination of All Forms of Racial Discrimination that it accessed to on 28 January 1982; and articles 12, 17, 18, 19, and 21 of the Universal Declaration of Human Rights.

Thanking you in advance for your attention in this matter, we look forward to hearing from you regarding your remedial actions.


[Name]
[Organisation]

CC: