R2P Dispatch June 2021 - Canadian Centre for the Responsibility ...
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R2P Dispatch June 2021 Authors/Auteurs: Fernanda Bernardo, Rebeca Ancer, Angela Liu, Georgia Sayers, Grace Vollers, Leena Badri, Lougein Metwally, Paranjay Sahanii, Samantha Quadros, Sumayyah Shah, Saarah Khan, Sarah Weiner, Victoria Liu, Keah Sharma, Francisca Carvalho, Anna Ivanova, Chris Han, Leo Viscomi, Andrea Sanchez
June 2021 Table of Contents Arabic Division 2 Yemen Chinese Division 12 Tibet English Division 24 Xinjiang French Division 39 Latin America Russian Division 56 Myanmar Spanish Division 70 Indigenous Rights Bibliography 89 Disclaimer: Any views or opinions expressed in articles are solely those of the authors and do not necessarily represent the views of the Canadian Centre for the Responsibility to Protect. Dégagement de responsabilités: les opinions exprimées dans les articles suivants sont celles des auteurs. Elles ne sont pas représentatives des opinions du Canadian Centre for the Responsibility to Protect. Canadian Centre for the Responsibility to Protect | 1
June 2021 Yemen Highlights: A Yemeni man sprays water on his wife’s grave who died after she contracted Covid-19. Hospitals in Sanaa refused to hospitalize her due to fears that the virus would spread throughout their hospitals. © Getty Images. 1. “ اتهامات للحوثيين بـتقويض جهود توفير اللقاحات في المناطق الخاضعة لسيطرتهم" شمالي:فيروس كورونا اليمن,” (“Coronavirus: Houthis have been accused of undermining vaccination efforts in Yemeni areas under their control”). BBC Arabic. With Coronavirus vaccines becoming increasingly accessible, many governments have sought them out with the purpose of immunizing their populations. Despite this fact, some human rights activists are now accusing Houthis of undermining efforts to vaccinate the Yemeni population. According to Human Rights Watch (HRW), the Houthis have failed to cooperate with the World Health Organization and the Yemeni government to vaccinate Yemeni citizens in Houthi-controlled territories. Furthermore, HRW has also claimed that the Houthis misled the public about the threat of the coronavirus and spread large amounts of misinformation on the topic. The Houthis' attempts to completely ignore the existence of the Coronavirus pandemic has ultimately put many lives at risk. In recent years, the Yemeni crisis has become considered the world’s worst humanitarian crisis. As such, Covid-19 vaccines are essential for the Yemeni people as the pandemic has likely exacerbated an already dire situation. It is unclear why the Houthis have chosen to withhold vaccines from citizens living in Houthi-controlled territories. However, this act could be interpreted as a crime against humanity if the Houthis withheld Covid-19 Canadian Centre for the Responsibility to Protect | 2
June 2021 vaccines to purposefully cause widespread suffering to the Yemeni population. 1 Still, regardless of whether this act may be considered a crime against humanity or not, it has potentially cost many Yemeni lives and seriously harmed these populations. Marib in the aftermath of a fuel station bombing. ©AFP via Getty Images. 2. “سفارة أمريكا في اليمن تعلق على تقارير ضرب الحوثي محطة وقود بصاروخ باليستي في مأرب,” (“The U.S. embassy in Yemen commented on the Houthi bombing of a fuel station in Marib with ballistic missiles.”). CNN Arabic. As part of the war occurring over the Yemeni city of Marib, the Houthis bombed a Maribi fuel station using ballistic missiles. This attack was conducted with a lack of concern for the lives of the civilians working within this fuel station, many of whom died. Additionally, when ambulances began to arrive at the scene, the Houthis used a drone to attack the ambulance crew; thus, leading to more civilian casualties. These attacks ultimately led to the death of twenty-one individuals, two of whom were children. It appears as though the Houthis of Yemen have a pattern of targeting civilians during military attacks. This is particularly concerning as the Houthis have control over a significant portion of Yemeni territory and thus hold a lot of power and influence within the country. If proven to have purposefully conducted widespread attacks against civilian populations, the Houthis will have committed a crime against humanity under international law.2 Under the Responsibility to Protect (R2P) principle, the international system can respond to these 1 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. 2 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. Canadian Centre for the Responsibility to Protect | 3
June 2021 crimes with military action or other coercive measures.3 Ultimately, this attack in Marib represents only one of many military attacks in Yemen that have seriously put the lives of civilians at risk. 3. “ الحوثيون يتحملون مسؤولية كبيرة عن األزمة المستمرة في اليمن:الخارجية األمريكية,” (“U.S. State Department: The Houthis bear much of the responsibility for the continuation of the Yemeni crisis”). CNN Arabic. According to a report by CNN, the U.S. has taken a strong stance against the Houthis in Yemen and blamed them for much of the continuing violence in the country. Although the U.S. ambassador recognized that there are many problematic parties working within Yemen, he asserted that work towards a ceasefire has largely been stalled by the Houthis. Instead of working along with other parties towards a ceasefire, the Houthis have continued to attack Marib and have consequently isolated themselves internationally. Ultimately, this report highlights that work towards any ceasefire in Yemen remains difficult as many political groups in the country are unwilling to cooperate. 3 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. Canadian Centre for the Responsibility to Protect | 4
June 2021 The Transitional Council’s security forces patrolling the city of Aden. ©Reuters. 4. “االتحاد الدولي للصحفيين يدين اقتحام مسلحي المجلس االنتقالي مقا ّر إعالمية في عدن,” (“The International Federation of Journalists condemned the Transitional Council’s armed storming of the media headquarters in Aden”). Al Jazeera. Al Jazeera’s news report alleges that a secessionist political organization called the Transitional Council has conducted an armed storming of media headquarters in the city of Aden. Through the storming of media headquarters and other media buildings in Aden, the Transitional Council has essentially seized control of the largest media organizations in the city. The International Federation of Journalists has condemned these actions and urged the Transitional Council to leave the media out of military conflict. Furthermore, these actions represent a serious threat to freedom of speech in Yemen and have also put many civilians in danger. Thus, the Transitional council should be condemned internationally for their actions. Canadian Centre for the Responsibility to Protect | 5
June 2021 From previous clashes in Marib between government forces and Houthi militias. ©Reuters. 5. “الحكومة اليمنية تدعو المجتمع الدولي التخاذ موقف من هجمات الحوثيين,” (“The Yemeni government urged the international community to take a stance against Houthi attacks.”). Al Jazeera. The Yemeni government has urged the international community to take a strong stance against the Houthis. According to the Yemeni Minister of Information, the Houthis should internationally be classified as a terrorist group that has committed crimes against humanity against the Yemeni people. As evidence, the Minister listed the many times that the Houthis used ballistic missiles and aerial bombing in Marib to target civilians. Moreover, the Yemeni government claims that the Houthis have specifically used ballistic missiles and aerial bombing as part of their war strategy to maximize civilian casualties in Marib. Diplomatic efforts to end the war have intensified in recent months, yet the Houthis continue to attack Marib and the Yemeni people continue to experience the worst humanitarian crisis globally. Canadian Centre for the Responsibility to Protect | 6
June 2021 The aftermath in Ma’rib. ©Getty Images. 6. في قصف للحوثيين على مدينة مأرب27 وجرح ُ 8 مقتل:وسائل إعالم يمنية, “Eight Killed and 27 Wounded in Houthi Shelling on the City of Ma'rib”). CNN Arabic. The article from CNN describes the recent shelling on the city of Ma’arib which has resulted in the casualty of twenty-seven civilians, and the death of eight. The city of Ma’arib has been subject to excessive bombardment between the Yemeni military and the Houthi insurgency. Yemeni media sources went on to detail how a mosque and residential neighborhood were also targeted during the shellings. The article states that members of the medical staff were also among the targets, and that more than four ambulances were destroyed as a result. Healthcare workers have stated that they expect the number of casualties and deaths to rise in the coming days. Yemeni President Abd Rabbo Mansour Hadi released a statement, in which he stated that the frequent bombing of Ma’arib continues to harm innocent lives and destroy the state’s infrastructure and social fabric. He emphasized that such action will not establish real peace between the warring parties. This attack comes after a similar bombing which targeted a fuel station earlier in the week. The death toll for that attack was calculated to be 21. Attacks in Ma’arib have now become rather frequent, and as a result, only more civilian deaths can be expected. Not only are the bombings resulting in significant deaths, but they are also harming the little infrastructure that Yemen has. Hospitals and fuel stations are critical to the infrastructure of a state, and their destruction directly impacts the livelihoods of innocent civilians. In the context of international law, the targeted bombing of Ma’arib and innocent civilians is a war crime. The rising number of civilian casualties is a frightening situation which invokes R2P and requires immediate international intervention, in order to prevent further damage to both civilians and critical infrastructure. Canadian Centre for the Responsibility to Protect | 7
June 2021 Two medical workers care for a patient with coronavirus in the intensive care unit of a hospital in Sanaa, Yemen on June 14, 2020. © 2020 Hani Muhammad/The Associated Press 7. “ الحوثيون يخاطرون بصحة المدنيين بوجه "كورونا:"اليمن,” (“Yemen: The Houthis are risking the health of civilians in the face of Corona”). Human Rights Watch. This report from Human Rights Watch (HRW) details the extent of the deliberate mismanagement of the Coronavirus pandemic in Yemen, and the risks it poses to civilians. According to the report, Houthi authorities are withholding information about the risks and impacts of the virus, while simultaneously hindering international efforts aimed at distributing vaccines in areas under Houthi control. According to a statement by the United Nations Under-Secretary-General for Humanitarian Affairs Mark Lowcock, after the start of the second wave in March, the number of cases in Yemen doubled but no vaccines reached areas under Houthi control. Under the Global Access to COVID-19 program, Yemen is meant to receive 14 million doses. The national plan stated that Houthi authorities will receive a portion of these vaccines for distribution in their controlled areas. However, a healthcare worker who is familiar with the medical situation in Yemen, has stated that the Houthis have refused to cooperate with the World Health Organization and that the Yemeni government has also failed to uphold their promise and deliver vaccines to northern areas. HRW explains that the Houthi groups demand to be able to administer the vaccines independently, a demand that has been denied by the WHO, who state that they need to ensure that the vaccines are properly distributed. Furthermore, various Houthi officials have spread misinformation about the virus, going as far as calling it a ‘conspiracy.’ Healthcare workers have reported that Houthi authorities have even launched special intelligence units in medical centres, aimed at Canadian Centre for the Responsibility to Protect | 8
June 2021 intimidating healthcare workers and preventing them from delivering accurate information pertaining to the pandemic. All of this is exacerbated by Yemen’s broken healthcare system, which has been unable to survive six years of war and mismanagement. The report details how healthcare workers are facing a shortage of personal protective equipment even months into the pandemic, and how imported medical materials and medicines have become unaffordable. One witness describes that hospitals sometimes receive expired medicines, and that any logistical material required takes a long time to reach intended areas. HRW details how Houthi officials have failed to impose any public health restrictions, due to their denial of the severity of the virus and their deliberate mismanagement of vaccines. The Houthis inability to provide accurate information to their citizens, coupled with their refusal to launch a wide-spread vaccination campaign despite having access to doses, is a clear violation of human rights. The situation invokes R2P due to the serious medical harm posed to citizens, and a deliberate suppression of information.4 8. “ حشود ضخمة لمواقع األلغام على الجبهات..الحوثي واألطفال,” (“The Houthis and Children… Huge Crowds for Mine Sites on the Front”). Al-Arabiya. This article from Al-Arabiya details how Houthi militia in Yemen have begun to recruit children for dangerous and life-threatening activity such as clearing conflict areas of mines and explosive devices. The article explains how various media outlets have reported that armed Houthi rebels arrived in several governorates in northern Yemen, and that their regiments contained a significant number of school children. According to Al-Arabiya’s sources, these children would be assembled in “centres' ' that are under the supervision of the de facto ruler of Sana’a, Hassan Erlu. Furthermore, the main purpose of the recruitment of these school children is to use them to clear areas filled with mines and explosive devices in western and northwestern Ma’rib, where the location of the devices has become unknown after those who had originally placed them died during fighting. The militias had recently launched this recruitment program with the support of Hassan Erlu and have reportedly lured and recruited more than 500,000 school children and placed them in these centres. Detailed information about the centres and their function is relatively unknown, but what remains clear is that thousands of children are being exploited by militias who maintain the support of government officials. Yemeni activists have been pertinent to bring awareness to the issue via social media, however, greater action is needed. The recruitment of children for war-related activity is a crime against humanity which falls under the scope of enslavement and torture. The gravity of the situation invokes R2P due to the serious physical and mental harm posed to the vulnerable children, and the state’s inability to mobilize to protect the rights of children.5 4 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. 5 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. Canadian Centre for the Responsibility to Protect | 9
June 2021 Karima, 7, watches her mother Hayat make bread. WFP/Annabel Symington. 9. “ واألمهات في2021 نصف األطفال دون سن الخامسة معرضون لخطر سوء التغذية في عام:اليمن هاجس مستمر بشأن توفير الطعام,” (“Yemen: Half of children under five are at risk of malnutrition struggle to secure food”). United Nations News. This article from the United Nations News details how more than half of Yemenis, which is 16.2 million people, are food insecure and at risk of suffering from malnutrition. The report also states that about 50,000 people are already suffering from ‘famine-like’ conditions. The report interviews a young mother who is suffering from extreme food security, as she is unable to provide adequate nutrition for herself and her daughters following the destruction of their home and the death of their father. The mother receives assistance from the World Food Program, however, she explains that without a steady source of income, she is often forced to exchange food for other necessary commodities.6 The World Health Organization states that many Yemenis are at risk of extreme starvation, and that such a condition is life-threatening and leaves the body vulnerable to infectious diseases. Malnutrition also leads to impaired physical and cognitive development, making it especially dangerous for kids. The article continues to detail how many Yemeni families have resorted to selling all their valuables in order to gain access to food, as they struggle to keep up with the consistently rising food prices. As the conflict continues, more people will become displaced, and vulnerable to food insecurity. The article concludes by noting that the World Food Program encourages world leaders to develop a common agenda to prevent Yemen from sliding into famine. In a similar vein, the food crisis in Yemen also invokes R2P, as it’s damaging physical effects severely threaten the lives of millions. The inability of Yemeni authorities to ensure access to food, means that international intervention is required to prevent the continuous suffering of displaced and impoverished Yemenis. 6 “Yemen: Half of children under five are at risk of malnutrition in 2021,” UN News Arabic, accessed June 16th, 2021, https://news.un.org/ar/story/2021/06/1078052 Canadian Centre for the Responsibility to Protect | 10
June 2021 Further reading: 1. “Yemen Crisis: Why is there a war?” BBC News. June 19, 2020. (English) 2. “Yemen, June 2021 Monthly Forecast” Security Council Report. May 29, 2021. (English) 3. “HRW World Report 2021: Yemen” Human Rights Watch. 2021. (English) 4. “Why is Yemen at war? | Conflict” Al Jazeera. Nov 19, 2019. (English) Canadian Centre for the Responsibility to Protect | 11
June 2021 Tibet Highlights: Propaganda in Chinese media. ©Tibet center for human rights. 1. “西藏年度人权报告,” (“Tibet Centre for Human Rights Annual Report 2020”). Tibet Center for Human Rights. Since Xi Jingping became the president, the human rights violations and political repressions in Tibet rose to the level of crimes against humanity. The PRC has used “development policies” as a guise to gain greater political and economic advantages, rather than genuine interests to improve Tibetans’ living quality. The “stability maintenance policy” escalated the state's surveillance throughout Tibet through technology, propaganda, and repressions. This policy’s budget in 2019 was 1.39 trillion Yuan, which was 16.8% higher than the country’s official military expenditure. The government’s development projects also offered lucrative profits to Han officials and exploited the local population. Moreover, there has been a major crackdown in destroying Tibetans’ political and cultural identity. Bilingual education is enforced in the region, which undermines Tibetan’s education system. The goal is to indoctrinate and assimilate the people. Furthermore, communities’ freedom of expressions have been severely restricted. The PRC has imprisoned 12 Tibetan villagers for illegitimate religious practice. More significantly, the number of extrajudicial killings, torture, and arbitrary detentions escalated over the past year. Individuals experience inhuman physical and psychological torture on a daily basis. The United Nations, its member states and the civil society at large has requested the PRC authorities to end abusing human rights under the guise of stability maintenance policies. Tibetans need to be guaranteed to legislate their own educational and cultural affairs. Canadian Centre for the Responsibility to Protect | 12
June 2021 The human rights violations, including arbitrary abuse, detentions, and tortures must be stopped immediately. Canadian Centre for the Responsibility to Protect | 13
June 2021 Armed troops on Tibetan street.. © Human rights watch 2. “中国:藏僧被拘押殴打致死,” (“Tibetan monk beaten to death”). Human Rights Watch. The human rights watch concluded that China should be held responsible for a 19 year old monk’s death, after being released from prison. Six other monks that were arrested at the same time were also released, including a 16 year old boy. The young monk that died, Tenzin Nyima, was from the Sichuan province. He was arrested for giving out posters that advocated for Tibet’s independence. Tanzin was later released, but rearrested within three months. This was due to spreading information about his arrest and connections to India. By October 2020, Tenzin’s family was informed that their son needed to be taken to a hospital. He was unable to speak or move and had an acute respiratory infection. These symptoms were caused by severe beating, malnutrition and torture in prison. Tanzin lost consciousness at the hospital and died in December. The PRC’s arbitrary detention and abuse occurs on a daily basis. The government has initiated an investigation on Tanzin’s case. China has signed on to the United Nations Canadian Centre for the Responsibility to Protect | 14
June 2021 Convention against torture. According to the convention, all detentions that result in death must be investigated in an efficient and just manner. Additionally, the government that legitimized the death must be held accountable. Reparations must also be given to the affected family members. Based on the UN’s human rights investigation, China has failed to uphold their international responsibilities. The human rights situation has deteriorated since Xi’s rise to power, particularly in Xinjiang, Hong Kong and Tibet. Canadian Centre for the Responsibility to Protect | 15
June 2021 A picture of China’s dictator Xi Jingping ©BBC 3. “习近平新西藏方略,” (“Xin Jinping’s New Tactics Towards Xinjiang”). BBC. The Chinese Tibet’s development meeting is held every five to 10 years. The decisions made serve as a guide for future decisions. During the meeting, the main priorities established were assimilating the Tibetan religion to the Chinese Culture, protecting the environment and expanding the Communist party’s ideology to Tibet. In 2015, XI’s government initiated a program for the repression of the Tibetans' religion. China began cracking down on unregistered community churches. Additionally, Thousands of mosques were forced to raiseChinese flags, play the Chinese national anthems in areas such as Tibet, Qinghai, Gansu, Sichuan and Yunnan. There are also large political re-education camps targeted towards Muslims in Xinjiang. The communist government expects Tibet’s mosques to show absolute allegiance and obedience. If the Tibetan religion is changed to Chinese Buddhism, Tibet will lose its spiritual power to defend against external powers. In essence, the instability in Xizang is not due to religion. The real cause is the Communist party’s repression and failed policies to improve the wellbeing of Tibetans. Canadian Centre for the Responsibility to Protect | 16
June 2021 4. “美国无权对西藏人权评头论足——中国西藏文化保护与发展协会就美国通过相关涉 华法案发表声明,” (“The United States Has no Right to Comment on Human Rights in Tibet - The China Association for the Preservation and Development of Tibetan Culture issued a statement on the passage of a China-related bill by the United States”). Xinhua Net. This news article expresses and emphasizes China’s firm and uncompromising stance in response to the American groundless accusations against the human rights situation in Tibet, China. The year of 2020 marks the 69th anniversary of Tibet’s peaceful liberation, and throughout these 69 years, great changes had been made in the cause of human rights development in Tibet. This region had been freed from imperialism, while democratic reforms have been implemented to abolish feudal serfdom. By establishing a regional ethnic autonomy system, Tibet was able to achieve rapid economic growth, as well as increases in the average life expectancy and population number. Tibet’s culture has also developed and prospered significantly. The life mode and religious beliefs of all ethnic groups in Tibet are fully protected and respected, while the traditional culture of Tibet was no longer monopolized by a few aristocrats and upper classes, but was shared by all ethnic groups, while bilingual education was implemented by the Chinese government in all universities, primary and secondary schools in Tibet. In the face of dramatic progresses attained by today’s Tibet, however, some U.S. politicians are still behaving inappropriately, as President Donald Trump signed the Fiscal Year 2021 Consolidated Appropriations Bill and COVID-19 Outbreak Relief Act on December 27, 2020, which distorted human rights situation in Tibet while made groundless accusations. The Chinese government firmly opposes such moves by the United States, declaring their attempt to suppress China on these issues is doomed to fail. The Chinese government and media firmly maintains their stance that the Tibet issue is not a human rights issue. According to the Universal Declaration of Human Rights, “all human beings are born free and equal in dignity and rights, and no one shall be held in slavery or servitude.”7 Before Tibet was liberated and was still under the rule of the Dalai clique, Tibentans were divided into different classes, while the serf owners, who accounted for less 5% of overall population, controlled the personal freedom of nearly all serfs. French Tibetologist Alexander Davy Niel said in Old Tibet Faces New China that “all serfs in old Tibet completely lost the freedom of human beings.”8 Since the peaceful liberation of Tibet in 1951, its economy has maintained a growth rate of 12% annually, significantly lifting up people’s living standards. Therefore, there is no reason for western politicians to come up with groundless accusations. Tan Grenff, a Canadian scholar, points out bluntly, the reason why some people are so interested in the human rights issue in Tibet is not out of “morality” or “sympathy”, but “to conform to their global strategic arrangement.”9 7 “The ‘Tibet issue’ is not a human rights issue,” The Central People’s Government of the People’s Republic of China, accessed June 18, 2021, http://www.gov.cn/jrzg/2008-04/30/content_959091.htm 8 Ibid. 9 Ibid. Canadian Centre for the Responsibility to Protect | 17
June 2021 5. “TCHRD西藏人权报告: 中共持续在严厉打压西藏人权,” (TCHRD Report on Human Rights in Tibet: the Communist Party Continues to Crack Down Hard on Human Rights in Tibet”). Voice of Tibet. The Tibetan Center for Human Rights and Democracy, a human rights organization based in North Dharamsala, released its annual 2020 report on human rights in Tibet which revealed Chinese Communist Party’s (CCP) suppression of Tibetans' basic human rights and damage to Tibet's ecological environment. The report details cases when CCP accused Tibetans of “inciting separatism, undermining ethnic unity, undermining cyber security and endangering national security,” leading to arbitrary arrests, tortures, and even violent persecutions of Tibetans. The report points out that the human rights violation phenomenon has reached the state of “crimes against humanity” under the political leadership of Xi Jinping, while CCP’s 7th Tibet Work Forum and other policies in Tibet were merely served to maintain the rule of the party itself, instead of improving the living standard of Tibetan life. In addition, the report urges the United Nations and its member countries to urge the Chinese government to stop the genocide and assimilation policies, to grant Tibetans freedom of speech, freedom of religion and belief, as well as basic human rights. Lastly, the report recommends the UN sending delegation teams to Tibet and to free all Tibetan political prisoners there. At this moment, the principle of Responsibility to Protect (R2P) has not been implemented in Tibet, yet many countries have been actively calling the UN and human rights organizations to implement an international mechanism in addressing human rights violations in Tibet. According to the 2005 World Outcome Document, R2P rests on three pillars: firstly, each state has primary obligation to prevent genocide, war crimes, crimes against humanity, and ethnic cleasing; secondly, the international community has a responsibility to assist states in preventing atrocity cirmes; and thirdly, if a state fails to prevent and to stop atrocity crimes, the international community may intervene to prevent and to stop atrocity arimes, including using force as its last resort.10 John Gaudette, a researcher from Tibetan Centre for Human Rights and Democracy, argued that because of China’s long existing manifest failure to prevent the commission of crimes against humanity in Tibet, the international community should intervene.11 10 “TCHRD participates in conference on Responsibility to Protect,” Tibetan Centre for Human Rights and Democracy, accessed June 19, 2021, https://tchrd.org/tchrd-participates-in-conference-on-responsibility-to-protect/ 11 Ibid. Canadian Centre for the Responsibility to Protect | 18
June 2021 Chinese and foreign experts and scholars said that the achievements in social development and human rights protection in Tibet are evident to all and commendable. ©China News Agency 6. “西藏和平解放70周年, 中外学者称赞西藏人权保障,” (“On the 70th Anniversary of the Peaceful Liberation of Tibet, Chinese and Foreign Scholars Praised the Protection of Human Rights in Tibet”). ChinaNews. On May 26, 2021, an international symposium on the “Progress and Development of Human Rights in Tibet in 70 Years of Tibet’s Peaceful Liberation” was held in Chongqing, China. Experts and scholars from China, Russia, Bangladesh, Ethiopia, Pakistan, Nepal held the discussion. A researcher in the China Centre for Tibetan Studies, Du Yongbin, said that Tibet’s progress since the peaceful liberation can be manifested in three aspects: from tradition to modernity, from isolation to openness, and from management to governance. Foreign scholars also expressed their recognition of today's human rights development in Tibet. According to Jogeshwar Lokishmi, a former senior superintendent of Nepal’s police, Tibet’s social security system centered on “five insurances” and welfare policies have made great progress since its liberation. Amir Ullah, the director of the National Youth Association in Islamabad, Pakistan, said that the extreme poverty of the Tibetan people has been almost completely eradicated. The Chinese central government attaches great importance to Tibet's autonomy and believes that China's commitment and Tibet's capability will bring Tibet's development to a higher level in the future. Canadian Centre for the Responsibility to Protect | 19
June 2021 School Activity in an Elementary School in Shiqu County in eastern Tibet. © Radio Free Asia 7. “中共透过关闭私立藏文学校,加剧对西藏语言权利的限制,” (“The Chinese Communist Party Has Intensified Restrictions on Language Rights in Tibet by Closing Private Tibetan Schools”). Voice of Tibet. The Chinese Communist Party is closing private Tibetan schools that offer Tibetan language courses and forcing students to transfer to public schools to learn Chinese. The Chinese government has claimed that the intensifying restrictions on the Tibetan language are officially for the purpose of “unifying course materials for examinations”. Language courses informally organized by monasteries or towns are usually regarded as “illegal gatherings” by the authorities. In fact, some Tibetan language teachers have been detained and arrested by the authorities. Additionally, the source added that “families of Tibetan herders who do not want to send their children to government schools are now forced to do so.” The source pointed out that parents of local Tibetans are deeply concerned about the requirements imposed by the authorities. They believe that keeping Tibetan youth away from Tibetan culture and language will have a serious negative impact on the future. The CCP’s closure of Tibetan schools in Shiqu County violated its own national laws, which are to protect the right of ethnic minorities to learn their own language. The authorities have forcibly closed schools that teach the Tibetan language and the Tibetan culture. This action clearly shows the authorities' ambition to eliminate the Tibetan national identity. Canadian Centre for the Responsibility to Protect | 20
June 2021 8. “美国参议院通过抗中法案,加强关注达赖喇嘛转世权,” (“The U.S. Senate Passed an Anti-China Bill to Pay More Attention to the Reincarnation of the Dalai Lama”). Voice of Tibet. There are frequent protests against the rule of the Chinese Communist Party in Wenbo Township, Shiqu County, Tibet. Furthermore, anyone with a photo of the Dalai Lama will be considered serious crimes. On June 8, the Senate passed a bipartisan bill with an overwhelming 68 to 32 votes, named the The US Innovation and Competition Act of 2021, also known as the "Endless Frontier Act.” According to the news on the English official website of the Central Tibetan Administration, the act is passed in response to the increasingly serious threat from the Chinese Communist Party --- it is not only a large-scale bill for the United States to counter China's science and technology war, but also lists many important regulations on Tibet12. The bill stipulates that before the restoration of the consulate general in Chengdu or the establishment of the consulate in Lhasa, it requires the establishment of a Tibet department in the political section of the US embassy in China, and the bill stipulates that at least two American staff members should be directly sent to the department13. The bill emphasizes that the Secretary of State should work with US allies to support that only Tibetan religious leaders have the right to decide the next Dalai Lama, deny the Chinese Communist Party’s claims that they have the right to decide the fifteenth Dalai Lama, and oppose the authorities’ interference with Tibetan Buddhists. Freedom of religion14. At the same time, the bill affirms the views of the "Tibet Policy and Support Act of 2020" that the United States should encourage the Secretary of State to contact allies and support the right of His Holiness the Dalai Lama, the Tibetan religious leader, to reincarnate, and oppose the intervention of the Chinese Communist authorities in reincarnation15. If the Chinese Communist Party or any government interferes with the process of the 14th Dalai Lama's reincarnation, it will be regarded as harming the religious freedom of Tibetan Buddhists and the Tibetan people. And the bill further calls on the international community to work hard to protect religious freedom in Tibet. 12 “New US bill to counter China includes Tibet, bolsters global engagement on policy regarding the Dalai Lama’s reincarnation,” the Central Tibetan Administration, accessed June 20, 2021, https://tibet.net/new-us-bill-to-counter-china-includes-tibet-bolsters-global-engagement-on-issue-of-the-dalai-la mas-reincarnation/ 13 Ibid. 14 Ibid. 15 Text - H.R.4331 - 116th Congress (2019-2020): Tibetan Policy and Support Act of 2019, January 30, 2020. https://www.congress.gov/bill/116th-congress/house-bill/4331/text Canadian Centre for the Responsibility to Protect | 21
June 2021 Josep Borrell, the EU’s High Representative for Foreign and Security Policy. ©Network 9. “欧盟代表:我们一直在敦促中共改善西藏人权,” (“EU Representative: ‘We have been Urging the Chinese Communist Party to Improve Human Rights in Tibet”). Voice of Tibet. The EU's High Representative for Foreign and Security Policy, Joseph Borrell, recently responded to a question submitted to him by members of the European Parliament. The question mentioned the sufferings of Tibetans in the territory under the rule of the Communist Party of China, including the inhumanity of Tenzin Nima’s case (a monk at Wenbo Temple in Shiqu County who was tortured during his detention before he was persecuted to death by the CCP). Joseph Borrell stated that when the EU and CCP officials met, EU officials expressed their opposition to the CCP's arbitrary violation of human rights in Tibet. He stated that the European Union has always opposed any violation of human rights. Joseph Borrell stated at the UN Human Rights Council in late February 2021 that the EU urges the CCP to allow independent observers to enter Xinjiang to ensure that the international community can independently investigate human rights issues in the region. In addition, he also pointed out that the European Union has repeatedly urged the CCP to implement international laws and respect the basic human rights of other minorities such as Tibetans and Uighur Muslims. Borrel specifically stressed that Tibetans should no longer be deprived of fair trials and that Tibetan human rights defenders should be released from imprisonment unconditionally. Canadian Centre for the Responsibility to Protect | 22
June 2021 Further Reading: 1. “The 70th anniversary of the Communist Party of China's forced Tibetans to sign the "17-Article Agreement", Tibetans in exile protested everywhere,” Voice of Tibet. May 24, 2021. (Chinese) 2. “Human Rights in Tibet,” Free Tibet. (English) 3. “New Progress in Human Rights in the Tibet Autonomous Region,” Permanent Mission of the People’s Republic of China to the United Nations Office at Geneva and Other International Organizations in Switzerland. February 1998. (English) Canadian Centre for the Responsibility to Protect | 23
June 2021 Xinjiang Highlights: U.N. Rights Officials Criticize China Over Muslim Internments © NY Times 1. “Uyghur exiles describe forced abortion, torture in Xinjiang,”AP News. The article details the current tribunal proceeding’s in China that is related to the discrimination against minorities such as the Uyghur’s in Xinjiang region. It details the testimonies of the Uyghurs that survived the camps in the area, which included forced abortions and torture. Researchers have confirmed that around one million people are confined to such re-education camps in Xinjiang, and the impact of these acts can be demonstrated by the stories of Uyghur exiles such as Bumeryem Rozi. Bumeryem Rozi was forced by the police to abort her child and she was threatened with bodily harm when she refused to accept their requests. Despite these testimonies, the Chinese government has denied these allegations and tried to change the narrative against these criminal proceedings. They have termed these camps as avenues for vocational training and attempted to showcase the tribunal as a means of spreading anti-China propaganda by the West. Additionally, the head lawyer for this tribunal has confirmed that the government authorities have undertaken sanctions against the original participants, resulting in certain members leaving the proceedings. Authoritarian state control against minorities in this case has failed to protect the citizens in China. The international community should take actions against China under the pillars of the Responsibility to Protect. The growing stature of China has added a layer of complexity to Canadian Centre for the Responsibility to Protect | 24
June 2021 the issue; however, in accordance with the second and third pillars of R2P, the international community should fully support the minorities in Xinjiang region. Canadian Centre for the Responsibility to Protect | 25
June 2021 The Chinese foreign ministry spokesman, Wang Wenbin, says Beijing is ‘deeply concerned by the actions of Australia and New Zealand. Photograph: Thomas Peter/Reuters. © The Guardian 2. “China accuses Morrison and Ardern of ‘gross interference’ on Xinjiang and South China Sea,” The Guardian. Chinese authorities recently responded to comments made by Australia and New Zealand regarding the genocide in Xinjiang and the South China Sea. The two countries recently launched a joint statement, which attacked China for its abuses and the limitations on the freedoms of its citizens. The Chinese government did not react kindly to these allegations --- the Ministry of Foreign Affairs of the People's Republic of China accused the two countries of violating international norms. China has since started taking strict trade actions against Australia, which has negatively impacted other countries from taking more decisive decisions. Similarly, the New Zealand government has been threatened by the Chinese media for their joint statement. The lack of support from other western allies has intensified the potential ramifications of this diplomatic conflict. This joint statement against the treatment of Uyghurs is in alignment with the pillars of the Responsibility to Protect as multiple reports have noted the inability of the Chinese government to protect the minority groups in Xinjiang. The second and third pillar of the principle demonstrates that the international community should harness its resources to protect the minorities in China and protect them from genocide and mass killings. Canadian Centre for the Responsibility to Protect | 26
June 2021 ‘Uyghur Tribunal’ Hears Allegations of Rampant China Abuses © Agence France-Presse 3. “‘Uyghur Tribunal’ opens with testimony of alleged rape, torture,”Aljazeera. The “Uyghur Tribunal” is a London-based people’s tribunal investigating China’s persecution of Uighur minorities. Witness testimony has described mass torture, rape, and other abuses targeted within China’s “re-education” camps. These camps are often defended by Chinese authorities, who claim they serve as targeted vocational training or learning camps.16 However, the comments indicate that there were large-scale human rights violations taking place within their confines. Qelbinur Sidik, an ethnic Uzbek teacher ordered by the CCP to take language classes within the camp, shared what she had witnessed—students being forced to wear shackles, female prisoners being raped, women being forced to go through sterilization. Organizers hope that the evidence of systematic repression against the Uighur community will catalyze international actions. At present, nearly one million Uighur have been placed in the internment camps in Xinjiang. With Chinese authorities ignoring requests to participate in hearings and dismissing the matter as a “public opinion show,” international intervention may be a productive move forward. The UK and US have acknowledged international intervention must begin in order to quell the human rights violations. 16 “Xinjiang: China defends 'education' camps,” BBC News, accessed September 17, 2020. https://www.bbc.com/news/world-asia-china-54195325 Canadian Centre for the Responsibility to Protect | 27
June 2021 4. “U.S. Allies Urge China to Allow ‘Unfettered Access’ to Xinjiang, ” Bloomberg. In this Bloomberg News article, the authors discuss the growing call for transparency in Xinjiang. The leaders of Australia and New Zealand are urging China to give observers “unfettered access” to Xinjiang. The two countries cite a strong concern for the human rights situation in the region for the necessity to increase transparency. Many other countries also wish for the ability to make meaningful visits through the United Nations to assess the situation. China views these countries’ move as a systematic move to interfere in its internal affairs, prompting conflict amongst the signatory nations and intelligence-sharing communities. Additionally, though China claims they allow reporters into Xinjiang, they are often followed by police and prevented from entering places of interest—hindering the assessment and research process. According to the second pillar of the R2P principle, it is the responsibility of the international community to encourage and assist individual states in protecting their people from humanitarian crises. With a lack of transparency in China, it is difficult to gauge which methods should be used to intervene in Xinjiang. China’s current reporting and press regulations provide a seemingly friendly atmosphere on paper but China is far less transparent in reality. Proper international intervention requires thorough reporting on the current humanitarian crisis and, without unfettered access, proper research is far less possible. Canadian Centre for the Responsibility to Protect | 28
June 2021 A member of the Uyghur community joins a demonstration in London, United Kingdom. ©Justin Tallis/AFP/Getty Images 5. “Tribunal to examine China genocide allegations begins as Beijing slams ‘farce’ hearing,” The Washington Post. This article documents the establishment of a tribunal in London this month to evaluate the alleged crimes being committed in Xinjiang, China, against the Uighur population, as well as other Muslim minority groups in the region. The “people’s tribunal”, as it has been called by organizers, will be made up of eight human rights lawyers and experts. As of now, it is non-governmental and is not legally binding. This four day long hearing would include testimonies from individuals like Qelbinur Sidik, a former teacher in a Xinjiang internment camp who documented her forced sterilization, among other crimes she became aware of during her time there. This was just one of many testimonials of the horrors in Xinjiang, including separation of children from parents, mass surveillance, rape, and torture. Other testimonials describe individuals being coerced to return to the region, after threats made to their family members. Additionally, files had been leaked, documenting the details of the government’s plans for the region, which corroborate many testimonials. China has insisted that these accusations, and all statements made about the abhorrent conditions of the camps in the Xinjiang region are an “anti-Chinese farce.” While the Chinese government continues to refuse the legitimacy of the tribunal, and has placed sanctions on the chair of the tribunal, the tribunal itself has vowed to remain impartial and objective. These notions that Canadian Centre for the Responsibility to Protect | 29
June 2021 the reports and testimonials come from a place of anti-Chinese sentiment is widespread by the Chinese government both internationally and to the populace. 17 This tribunal represents the principles outlined by R2P--- it is an example of the international community attempting to address human rights abuses despite the fact that it does not include state actors, and no action has truly been taken. The difficulty emerges due to the lack of government backing of the tribunal. While spreading awareness and providing a platform for victims is an admirable cause, it is dampened by China’s denial of the allegations. Without government backing, it is difficult to know what these tribunals will tangibly achieve, besides perhaps closure to victims. In terms of preventing these abuses, nothing will be truly accomplished until further action (military intervention, though unlikely) by states is taken, leading to either China’s acknowledgement and ceasing of the crimes at these camps, Ideally, this tribunal will compile enough evidence to encourage more countries to take action against these abuses, perhaps through economic pressure. 17 Shannon Tiezzi, “What Do Chinese People Think Is Happening in Xinjiang?,” The Diplomat, accessed June 3, 2021, https://thediplomat.com/2021/05/what-do-chinese-people-think-is-happening-in-xinjiang/ Canadian Centre for the Responsibility to Protect | 30
June 2021 China is going global with its campaign to divert criticism over its policies in the Xinjiang region. ©AP Photo/ Ng Han Guan 6. “China showcases Xinjiang’s economy to fight rights criticism,” AP News. This article from the Associated Press highlights how The PRC conducted human right abuses in Xinjiang under the guise of economic development plans. China claims that the camps, and system as a whole, is designed to de-radicalize extremists responsible for hundreds of deaths, and provide them with job skills. It is this claim that the Chinese government points to in concurrence with the economic growth. Meanwhile, conferences in Beijing counter claims of alleged human rights abuses, and allies Pakistan and Belarus has endorsed China’s policy. Moreover, China’s rising economic success in the region is seen more significantly by the Han ethnic majority, rather than the Uighur population and other minority groups in Xinjiang. This article also addresses the tribunals addressed in other articles in this dispatch, although as this article was published on June 2nd it discusses these speculatively, prior to the events to come. This article relates to the responsibility to protect doctrine because of the alleged human rights abuses and China’s response. China’s invocation of economic growth to combat these claims highlights their efforts to claim that these camps are not full of abuses, as many claim, but instead are meant to provide job opportunities and skills to reformed extremists. While this article highlights the evidence that this report is likely skewed in China’s favor, it does not mention any international efforts to debunk this misinformation. While the then upcoming tribunal was mentioned, there is a notable gap here. The tribunal seeks to grant a platform to the voices that previously went unheard, which is a crucial element in understanding China’s abuses, however it fails to thoroughly debunk the lies being perpetuated by the government, as seen in this article. While this may seem inconsequential, Canadian Centre for the Responsibility to Protect | 31
June 2021 it could serve to place more pressure on China by pointing out the flaws in their claims, while also bolstering the voices of the victims. Considering China still has some support from allies, this could work to further disincentivize them from continuing their partnership and endorsement. Canadian Centre for the Responsibility to Protect | 32
June 2021 Members of the Uyghur community staged a demonstration outside Parliament in London, United Kingdom. ©GETTY IMAGES 7. “Hearings in London aim to assess allegations of genocide in China,” BBC. This article provides specific details of the members of the tribunal convened to evaluate China’s alleged human rights abuses. While other articles have discussed this tribunal to some extent, this article provides the most details on the events of the tribunal, mentioning the role played by president of the World Uighur Congress, Dolkun Isa, who would be among those providing evidence to the tribunal. Isa has personal connections to the alleged abuses, believing his mother to have been killed in one of China’s detention camps, and whose brother is serving life in prison in the region. Also referenced for their close proximity to the case is Abduweli Ayup, described as a “scholar and activist,” who discusses the suspected death of his niece Mihray Erin. Erin returned to the Xinjiang region out of concern for her parents, who had been allegedly pressured by authorities. This article also mentions why it was specifically a non-governmental, non-binding tribunal used to investigate the alleged crimes, rather than the International Criminal Court or International Court of Justice. As China is not a member of the ICC, it is considered outside of its jurisdiction, and the ICJ must have cases approved by the UN Security Council, which would inevitably be vetoed by China. This article mentions how many countries, including the US, UK, and Canada, have officially declared the situation in Xinjiang a genocide, however Human Rights Watch refrained from this specific label, instead using “crimes against humanity.” The specific goal of the tribunal is also highlighted by this article, as filling the “void of information” caused by the lack of ability by international criminal courts to try these alleged crimes. No recommendations will be made, only a presentation of evidence that will be made available to the international community. Canadian Centre for the Responsibility to Protect | 33
June 2021 If anything, this article highlights how the tribunal reflects some of the pitfalls of R2P. The article mentions the fact that the ICC and ICJ were unable to be used in this case, either due to China’s lack of involvement, or due to the amount of power that it wields. The failure of the international court system to hold China accountable is what prompted the tribunal in the first place. While this tribunal does offer a platform for victims, and a means to publicly compile the allegations, it also offers little means for response by the international community. While this article highlights statements made by some countries condemning their abuses and labeling their actions as a genocide, this is not explicit action. Without collective, state-backed efforts accompanying these testimonials, this case may become an example of the failures of R2P. If the countries that have already made statements began to take collective, clear action, they may be able to exert enough pressure on China to enact change. Canadian Centre for the Responsibility to Protect | 34
June 2021 Uighur women gather outside the Chinese consulate in Istanbul to denounce the alleged rights violations of Uighurs in Xinjiang ©Ozan Kose/AFP 8. “Amnesty says China has created a dystopian hellscape in Xinjiang,” Al Jazeera. In a recent report from Amnesty International, China has been indicted for its systemic and inhumane treatment of Uighers and other Muslim minorities, including Kazakhs, the Hui, Kyrgyz, Uzbek, and Tajik ethnic groups, in Xinjiang province, with the study claiming that their mistreatment is akin to “crimes against humanity.” Minority groups have been coerced into abandoning their religion, culture, language, and are subject to mass surveillance and detainment. The report coincided with news that China had been targeting birth control policies at minorities, with the goal of cutting their births by 2.6 to 4.5 million within the next two decades. Since 2017, many reports have come out of Xinxiang, where minorities have been subject to exhausting interrogations, forms of torture such as sleep deprivation and beatings, and strict control in concentration camps. Although many members of the international community have acknowledged and condemned China’s treatment of Muslims in Xinxiang, there has been a weak response in implementing change. However, the US has begun talks on considering an economic sanction that would ban imports of products made with forced labour in Xinxiang. The article highlights the need for the global community to levy sanctions against China in an effort to protect the minority populations suffering in Xinxiang. Legal sources report atet eh ICJ does have jurisdiction to open an investigation and that there are concrete steps that can be taken to place pressure on countries who are committing atrocities. The Amnesty International Report placed increased pressure on the US, with the report being used as part of a Senate hearing that also included testimony from researchers and Uigher advocates. Growing evidence that crimes against humanity are being committed enhances Canadian Centre for the Responsibility to Protect | 35
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