Phayul
Tenzin Dharpo
October 31, 2015
DHARMSHALA, Oct. 31: The Tibetan Centre for Human Rights and Democracy on Thursday released a new report, ‘Rule by Law: Special Report on the Rule of Law with Chinese Characteristic’ that categorically rejects all claim of rule in not only Tibet but also China and dissects the ‘status of law’ and the persecution of lawyers and political prisoners.
The report collectivizes a detailed insight into the ‘status of law’ in China and offers a comparative analysis of rule of law with Chinese characteristics with that of the global ideals. It also delves into the current situation on the ground in China and Tibet where the brunt of such extremities under official garb continue unchallenged apart from Tibetans who resist it at a grass root level.
The report is especially relevant at the time when crack down on rights lawyer and human rights defenders are steadily apparent many of whom have been detained, disbarred, harassed and intimidated in recent months. The government attacks on civil society machineries have toned the global perception of disparity in China’s talk on rule of law and China’s implementation on the ground.
“The increased repression in the PRC conflicts with ‘rule of law’ rhetoric used by Chinese leaders to bolster their claims of a reformed China. In 2014, PRC President Xi Jinping incorporated the phrase ‘rule of law with Chinese characteristics’ as part of the current four-year plan developed by the Central Commission of the Communist Party of China”, the report states.
The report conclusively lists lack of judicial independence, corruption, low quality of legal services, complex legislative systems, and arbitrary enforcement of rule of law as some of the prime obstacles to the rule of law in China which extends to Tibet as well.
On Tibetans, the report surmises, “For Tibetans living under the PRC, rule by law (or force) is nothing new. Repressive Chinese state policies, prohibitions on expression of religion and peaceful assembly, regular beatings and arbitrary detentions, denial of legal rights, unfair trials and disproportionate sentences which include torture, abuse and denial of adequate medical care are the reality. Prolonged denial of basic human rights has become unbearably oppressive for many Tibetans, many of whom have resorted to self-immolation protests.”
The plight of Chinese human rights lawyers persecuted in PRC for defending Tibetan rights and subsequently subjected to detention and interrogation were highlighted. Teng Biao and Zheng Jianwei, defense lawyers of Dawa, a teacher at the Ngaba County Middle School for Nationalities in Sichuan Province and the Editor-in-Chief of the Tibetan magazine “Modern Self” in early 2011 and Zhang Sizhi, defense lawyer for Tenzin Delek Rinpoche were mentioned.
Apart from the censuring of China’s commitment on law, the report also makes note of improvements in the Chinese legal system such as the improved quality of legal education, more lawyers and laws, rightful resistance and use of legal system by citizens and crackdown on corruption among few others.
