PRESS RELEASE BY THE COMITÉ DE APOYO AL TÍBET (CAT)
22 March 2013
HU JINTAO DENOUNCED FOR INTERNATIONAL CRIMES IN TIBET AFTER LOSING IMMUNITY FROM PROSECUTION
Yesterday morning 21st March, less than a week after Hu Jintao stepped down as China’s leader and lost his immunity from prosecution, the CAT, the Fundación Casa del Tíbet and the private accusation of Thubten Wangchen, lodged an extension to the initial lawsuit at the Audiencia Nacional’s nº 2 court.
The now former President of China, Hu Jintao, who left office on 15th March 2013, is accused of committing the crimes of genocide and serious violations of the Geneva Conventions against the Tibetan people that are being tried by this court. Despite conclusive proof of his direct responsibility in the case, he was not included in the list of accused until yesterday because of his immunity.
The document lodged is based on documented evidence, expert reports and depositions already presented to the Audiencia Nacional’s nº1 and nº2 courts and on the original lawsuit for genocide. Of particular importance are the two most recent expert reports by the International Campaign for Tibet and the Human Rights Law foundation. The international expert Kate Saunders, when ratifying the above mentioned report before the judge in December 2012, specifically put forward and extended the description of the chain of command that existed in the People’s Republic of China. In her deposition she also referred specifically to Hu Jintao as being directly responsible for the repression in Tibet.
Hu Jintao held the important post of Party Secretary of  the Tibet Autonomous Region from 1988 to 1992. During his years in that post he supervised and gave orders, to violently repress the Tibetan people. What is more, these criminal acts were recognised and applauded by Party leaders at a meeting of the Politburós Standing Committee in October 1989 at a time when martial law in Tibet was having its most repressive results.
Similarly, Hu Jintao, as was denounced in ICT’s report presented to the Spanish court, formed part of the core of top Chinese leaders who met in Beijing in July 1994 at the Third Work Forum on Tibet to draw up the policies aimed at rapid economic development in Tibet whilst trying to undermine loyalty to the Dalai Lama; and he took part as president in July 2001 in the Fourth Work Forum on Tibet, where similar policies were consolidated under the imperative of “vigorously adapting Tibetan Buddhism to socialism”.
This accusation is also based on declarations by other witnesses at the Spanish central court nº 1 on 22 April 2009; a case that was shelved due to a lack of national connection and absence of Spanish victims – two highly controversial reasons bordering on inconstitutional  given the Universal nature of the law – and whose appeal is still pending resolution by the Constitutional Court.
This denouncement is a solemn promise that the CAT’s team made to the victims who took part in the legal process as witnesses and to the many Tibetans who have followed the process and who have asked us why we had not accused him before for what was obvious to those who suffered indescribably during Hu Jintao´s mandate.
CAT’s concluding remarks:
The CAT has always acted on these legal cases according to basic principles, the precepts of international law and motivated only by the victims and the hope of truth, accountability  and “never again” on behalf of Tibetan victims.  We are well aware of the permanent clichés of whether international law is slow or ineffective or not, that money is all that matters, that these cases are merely symbolic and the rumble of what is the measure of success in these highly politised cases. All that is background noise to us. The only measure of success is doing your best to seek truth and accountability and staying away from the changing winds of political convenience. The rest is out of our hands. Thus, all the classic distortions, clichés or speculations of a political and economic nature are part of our surroundings but not part of our job.  We believe that not doing anything is the only measure of failure.
END ON THE PRESS RELEASE

Tibet among world’s most repressed societies: US senator
http://economictimes.indiatimes.com/news/news-by-industry/et-cetera/tibet-among-worlds-most-repressed-societies-us-senator/articleshow/19077589.cms
WASHINGTON: Expressing concerns about the continuing unrest in Tibet and the tragic trend of self-immolations, a top US senator has alleged that the region is among the most repressed and closed societies of the world.
“Tibet today is one of the most repressed and closed societies in the world, where merely talking on the phone can land you in jail. Support for the Dalai Lama can be prosecuted as an offence against the state,” Senator Robert Menendez, Chariman of the powerful Senate Foreign Relations Committee said.
“Tibetans are treated as second class citizens; their travel within and outside of Tibetan areas is highly restricted. Foreign diplomats and journalists are routinely denied access,” he said on the Senate floor yesterday.
Since February 2009, more than 100 Tibetans have set themselves on fire, he noted.
Many of the self-immolators have called for the return of the Dalai Lama to Tibet and for China to acknowledge the basic human dignity of the Tibetan people.
“Like so many others, I wish that Tibetans would not choose self-immolations, a horrific act, as a method of protest. I hope Tibetans will find other ways to express their grievances and despair and halt these self-destructive acts,” he said.
“At the same time, we must understand that these sorts of acts are indicative of the deep sense of frustration felt by the Tibetan people. This is not a conspiracy of “foreign forces” but indicative of the deep sense of hopelessness of a people denied their basic dignity,” Menendez said.
He observed that Americans see Tibet as an issue of fundamental justice and fairness, where the fundamental human rights o the Tibetan people, as embodied in the Chinese constitution, are not being respected; where their culture is being eroded; and where their land is being exploited.
Menendez said thus the responsibility falls to the US to help the Tibetan people in their efforts to preserve their culture and identity and have a say in their own affairs and to be able to exercise genuine autonomy within China.
“We should continue to fund the important programmes that help Tibetan communities, both in exile and on the Tibetan plateau. While these provide tangible humanitarian results, they also send a critical signal to the aggrieved Tibetan population that the United States hears their plea,” he said.
The United States, he said should work with the UN to secure access to Tibet for independent international observers and media members.
“The State Department should continue to insist on access to Tibet by its personnel. We need independent and credible reporting on the true situation on the ground, and the Department should work with China to take steps to see that the principle of reciprocity is respected,” Menendez argued.
“Peaceful resolution of the Tibet issue could go a long way in demonstrating to the world that China is indeed a responsible and constructive member of the community of nations. In turn, Beijing’s growing influence in the Himalayan belt, especially Nepal, should be assessed in a broader dialogue with other nations in the region,” Menendez said.

Mandie McKeown
Campaigns Coordinator, International Tibet Network
http://www.tibetnetwork.org
e: mandie@tibetnetwork.org, campaigns@tibetnetwork.org
t: +44 7748 158 618
skype: carymckeown
~ Stand Up for Tibet | Sign the pledge ~ www.standupfortibet.org  ~

The Failure of Western Human Rights Policy: Fallacies and Misconceptions about China
Posted on March 13, 2013
12 March 2013 – Geneva, Switzerland, by Kelsang Gyaltsen, Special Representative of H. H. the Dalai Lama to Europe
delivered for the Conference by The World Uyghur Congress WUC on Human Rights in China: Implications of New Leadership for East Turkestan, Tibet and Southern Mongolia’
Many Western governments, including the United States and the European Union, are engaged in bilateral „Human Rights Dialogue“ with China. This dialogue is adopted as the primary instrument to promote human rights in the People’s Republic of China (PRC).
Today, after nearly two decades of bilateral human rights dialogue, it is an open secret that this approach has failed to produce any tangible progress. This is admitted even by diplomats conducting the dialogue in private discussions and by a number of authoritative studies.
There is despondency and dispiritedness among diplomats in the foreign policy community about the dismal records of their human rights engagement with China. They realize that there is something fundamentally wrong with the present human rights policy of their governments vis-à-vis China.
This conclusion is right. The present Western governments’ policy on human rights with regard to China is based on some basic fallacies and misconceptions about China.
In the West there has always been a school of thought that contends that “quiet diplomacy” is the more effective way in dealing with China on human rights, democracy and the rule of law. The logical consequence of this has been for Western governments to exercise restraint in order to avoid “the loss of face” of Chinese leaders. And it is obvious and clear that this restraint to avoid the loss of face of Chinese leaders has a part in the loss of lives of an increasing large number of Tibetans and in the overall deteriorating human rights situation in the PRC.
It is clear that the Chinese willingness to engage in bilateral human rights dialogue only aims to prevent public discussion of her human rights record. The Western engagement in bilateral human rights dialogue – without any conditions and benchmarks – is seen by the Chinese government as a sign that Western governments’ priority is smooth relations on a wide range of issues of mutual interest rather than tension and confrontation over human rights.
The Chinese government does not see this engagement by Western governments as conciliatory nor as goodwill gesture but simply as weakness on human rights principles.
The Chinese government thinks and accepts that Western governments need to raise human rights with them in order to mollify the public at home. But the Chinese government never seems to have felt any real pressure to introduce any meaningful initiatives on human rights in China. As a result the credibility of Western human rights policy has been lost. Sadly, the bilateral human rights dialogue has become a ritual exercise that help to avoid the loss of face of not only the Chinese leaders but that of the Western governments, too.
Psychologically China has been skilful in cornering the Western governments in a defensive position by constantly lamenting “the humiliation” inflicted on China by Western colonialism. By exploiting the bad conscience of Western powers about their colonial past China has been able to reject any criticism of their human rights record as “interference in the internal matters” of China with impunity.
This is, however, in complete breach and contradiction of the universality and indivisibility of the declaration of human rights. Moreover, if such argument is tolerated then the question arises why this should not be applicable to other countries in Africa and Asia with similar history?
Another fundamental fallacy of the Western approach to promote human rights in China is the exclusive focus on engagement with the government. However, ultimately, it is the defenders and activists of human rights and advocates of democracy and the rule of law in those countries who will shape the future course of their country. Consequently, an effective human rights policy must aim at encouraging and strengthening those forces of human rights and democracy. Unfortunately, instead of considering every statement and every initiative how they might affect the spirit and actual situation of the people advocating greater respect for fundamental human rights and freedoms at great personal risks some Western governments take the sensitivity of the Chinese leaders as a measure for dealing with China on human rights, democracy and the rule of law.
The West knows from the testimonies of dissidents in the formerly Communist countries in Eastern Europe, such as the late former Czech President Vaclav Havel, how important official and public expression of solidarity and support from free countries in the West have been in sustaining their hope and aspirations of freedom. The West must now apply to the Communist rulers in Beijing the lessons learnt from dealing with Communist rulers in Eastern Europe and of the Soviet Union.
The attitude of Western governments towards China still seems very much influenced by the legacy of the Cold War. During the Cold War the Soviet Union was the enemy of the Western Bloc whereas China was seen more as an ally. Although Communism and one-party rule in China have been no less brutal and oppressive than in the former Soviet Union, the Western attitude towards Communist China has been more tolerant and conciliatory – irrespective of the immense systematic and widespread violations of human rights in the PRC. Tens of millions of Chinese perished in waves of political purges and campaigns carried out by the Chinese Communist Party. Nonetheless Western media and governments often portray Chinese Communism as benign. Mao was an icon of the Western youth in late 1960s and 70s. Even today, there are people who propagate the one-party rule of China as the more suitable and efficient alternative to Western style democracy. In this way there still continues to exist many fallacies and misconceptions about China impeding the formulation of a more realistic and firmer policy vis-à-vis China.
Against this background a more effective and robust human rights policy requires a return and rededication to basic values and principles of Europe. At the core of Europe’s spirit is the fundamental belief in the inherent equality and dignity of all human beings and in the values of human rights, democracy and the rule of law. With this spirit Europe succeeded in defeating and eliminating tyranny and despotism from the Continent of Europe.
Europe needs to realize that in our heavily interdependent and interconnected world our own basic rights and freedoms are not secure and safe as long as there are dictatorships and despotism in other parts of the world. Unfortunately, it is often those who are deprived of their human rights who are least able to speak up for themselves. This responsibility rests with those of us who do enjoy such freedoms.
It is, therefore, important that Europe’s commitment to human rights, democracy and the rule of law does not halt at the borders of Europe. A rededication to these basic values will strengthen political will and self-confidence needed for a principled and robust European human rights policy. With sustained and coordinated effort and a clear common political strategy and agenda on human rights Europe can play a crucial leading role in the promotion of human rights, democracy and the rule of law in China and thus also contributing to the alleviation of plight of the Tibetan people and a peaceful resolution of the issue of Tibet through dialogue and negotiations.

THE STATEMENT OF SIKYONG DR. LOBSANG SANGAY ON THE 54TH ANNIVERSARY OF THE TIBETAN NATIONAL UPRISING DAY
On this day in 1959, thousands of Tibetans from all walks of life and all three regions of Tibet (U-Tsang, Kham and Amdo) converged in Lhasa to resist and protest the Chinese invasion and occupation of Tibet. We are the children of this tragic yet historic moment in Tibet’s rich, unique, 2,000-plus year history. Today, we are gathered here to re-dedicate ourselves to the brave struggle started by the selfless elder generation. We pay tribute to all those who have sacrificed their lives for Tibet. The yearning for freedom that moved our elders to undertake the epochal events of March 10, 1959 is a beacon that guides our present-day struggle to secure our basic freedom, dignity and identity.
The continuing vicious cycle of repression and resentment in Tibet is manifested in the devastating number of Tibetans setting themselves on fire.  Since 2009, 107 Tibetans have
self-immolated including 28 in November 2012 just before and during the 18th Party Congress of the Chinese Communist Party. Sadly, 90 of them have died. Such a high toll is perhaps unprecedented in recent world history. Though most of the self-immolators are monks, their ranks include the full spectrum of Tibetans – nomads, farmers and students – from all three Tibetan regions of U-Tsang, Kham and Amdo including the capital city of Lhasa.  We dedicate this day to all the self-immolators and those who have died for Tibet.
The occupation and repression in Tibet by the government of the People’s Republic of China are the primary conditions driving Tibetans to self-immolation. Tibetans witness and experience China’s constant assault on Tibetan Buddhist civilization, their very identity and dignity. They deeply resent China’s demonization of His Holiness the Dalai Lama. They look on with alarm as Chinese settlers stream into Tibet, taking away Tibetan jobs, land and their very future – –and in the process, transforming Tibetan towns and cities into Chinatowns. They oppose the forced removal of hundreds of thousands of nomads from the grasslands to permanent ghettos, reducing formerly self-sufficient families to impoverishment. They see colonial-like development activities cart away billions of dollars worth of Tibetan natural resources to a resource-hungry China. These policies could easily lead one to suspect that
China wants Tibet but not the Tibetan people.
Yet when Tibetans respond to these violations with even the slightest show of dissent, they risk prolonged imprisonment, torture, public humiliation and disappearance at the hands of security forces.  The prohibition of peaceful protest and harsh punishments compel Tibetans to resort to self-immolation. They choose death rather than silence and submission to the Chinese authorities. Recent attempts by the authorities to criminalize self-immolators, and persecute their family members and friends through sham trials are likely to prolong the cycle of self-immolation, persecution, and more immolation.
Through various media, the Kashag has consistently appealed and categorically discouraged Tibetans in Tibet from self-immolating as a form of protest. Life is precious and as human beings we do not want anyone to die in such a manner. As Buddhists, we pray for the soul of the deceased.  As Tibetans, it is our sacred duty to support  the aspirations of Tibetans in Tibet: the return of His Holiness the great Fourteenth Dalai Lama to Tibet, freedom for the Tibetan people, and unity among Tibetans.
The only way to end this brutal and grave situation is for China to change its current hard line Tibet policy by respecting the aspirations of the Tibetan people.
The Kashag is fully committed to the Middle Way Approach, which seeks genuine autonomy for Tibetans, to solve the issue of Tibet. His Holiness the Fourteenth Dalai Lama has shown this to be the most viable and enduring approach. After careful deliberations, the Tibetan Parliament-in-Exile unanimously adopted the Middle Way Approach.  It is supported by Tibetans inside and outside Tibet, and has garnered the support of key foreign governments, world leaders, and Nobel laureates. It has, in particular, resonated and supported by a growing number of Chinese intellectuals, scholars and writers.
At this time, the Kashag hopes that the new Chinese leadership will view this pragmatic political approach, which bridges both Tibetan and Chinese interests, as a win-win solution. In 2002, the resumption of dialogue gave hope to Tibetans for a peaceful resolution of the issue of Tibet. Unfortunately, this hope has been shaken by the present stalemate in the dialogue process.
Tibet is not a constitutional or an institutional problem for the government of the People’s Republic of China. As per Article 31 of the PRC Constitution, China has created a separate
institutional mechanism of one country, two systems for Hong Kong and Macau. The Chinese leadership has also displayed the political will by forming a cabinet level committee to deal with Taiwan (Republic of China). However, when it comes to Tibet, the Chinese leadership has neither employed the available constitutional mechanism at its disposal, nor has it shown the political will to resolve the issue peacefully. From our side, we consider substance primary and process secondary, and are ready to engage in meaningful dialogue anywhere, at any
time.
Finding a just and lasting solution to the issue of Tibet is also in the interest of the world at large. Tibet, one of the oldest civilizations is viewed as the Third Pole as its glaciers feed the 10 river systems of Asia. It will contribute to the peace and prosperity of over a billion people in Asia who live downstream and depend on Tibet’s water for sustenance. A speedy resolution will send the right message and serve as a model for other freedom struggles as the Tibetan struggle is one firmly anchored in non-violence and democracy.  Last, but not the least, solving the issue of Tibet could be a catalyst for moderation of China.
We extend our deepest gratitude to the great people and government of India. We are also immensely grateful to all governments, international organizations, Tibet Support Groups and individual supporters across the globe for their supportive resolutions, statements, and for their unflinching and generous support. At the same time, we believe that the moment
has come for governments and the international community to take concrete actions to press the Chinese government to enter into meaningful dialogue with the Tibetan leadership.
We call on the international community to press the Chinese government to allow the UN High Commissioner for Human Rights entry into Tibet,  and also to give access to diplomats and the international media. Only in this way can the truth about the grave situation in Tibet be unveiled and the self-immolations abated.
The Kashag has announced 2013 as a year of Solidarity With Tibet Campaign. Each of our numerous events are organized peacefully, legally and with dignity. Thousands of Tibetans and Indian friends gathered in New Delhi on January 30 for a 4-day mass campaign organized by the Central Tibetan Administration. Many prominent Indian leaders representing various parties attended and pledged action for Tibet. Tibetans and friends in Europe today are holding The European Solidarity Rally for Tibet in Brussels. This month Tibetans in North America, Europe and elsewhere are organizing Tibet Lobby Days. The core message we request everyone to communicate are the three Ds: Devolution, Democracy and Dialogue.
The character of our people is being shaped by our endurance of the darkest period in Tibet’s history.  Under the enlightened leadership of His Holiness the great Fourteenth
Dalai Lama, we continue to meet adversity with exceptional unity, resilience, and dignity. I fervently pray for the long life of His Holiness the Dalai Lama.
The Kashag is uplifted and deeply gratified by the support and solidarity it has received from Tibetans inside and outside Tibet. With unity, self-reliance and innovation as the guiding principles, we are determined to fulfill the aspirations of all Tibetans to enjoy the freedom and dignity, which we deserve and is our right.
Let me conclude by again paying homage to our brothers and sisters in Tibet.
March
10, 2013
Dharamsala