March 31, 2005
The Honourable Paul Martin
Prime Minister of Canada
The Prime Minister's Office
Langevine Block
80 Wellington Street
Ottawa, ON K1A 0A1
Dear Mr. Prime Minister:
Re: Tibet
I write on behalf of the Canadian Section of the International Commission of Jurists ( ICJ Canada) at the direction of President Ed Ratushny Q.C. This concerns the need for a solution to the Tibetan human rights crisis and Canada's prospective role in facilitating negotiations to that effect.
By promoting adherence to rule of law, ICJ Canada works to protect human rights internationally. In 1959, ICJ stated:
"There is prima facie evidence that the Chinese Communists have by acts of genocide attempted to destroy the Tibetan nation and the Buddhist religion in Tibet".
The international community has since failed to take effective action to address China's continuing cultural devastation of the Tibetan people.
A February 28, 2005, US State Department Human Rights Report ("the Report") states that in 2004 Chinese authorities "continued to commit serious human rights abuses, including extra judicial killing, torture, arbitrary arrest, detention without public trial, and lengthy detention of Tibetans for peacefully expressing their political or religious views." An excerpt of the Report is attached.
In addition to the numerous accounts of human rights violations detailed in the Report, ICJ Canada has been informed by the Canada-Tibet Committee of additional incidents of concern including:
- The December 2004 arrest of chanting master Phuntsok Tsering of Magar Dhargyeling Monastery in Tibet on the charge of possessing a portrait of the Dalai Lama; and
- The arrest on January 16, 2005, and subsequent sentencing on February 17, 2005, of five Tibetan monks for periods of two to three years each for publishing politically sensitive poems.
The Report and corroborating accounts of human rights abuses indicate that China's policies in Tibet have not improved.
On behalf of the Tibetan people, the Dalai Lama has persisted in efforts to negotiate a peaceful resolution with China. This non-violent approach was recognized internationally in 1989 when the Dalai Lama was awarded the Nobel Peace Prize. The award statement by the Nobel Committee emphasized:
"...the fact that the Dalai Lama in his struggle for the liberation of Tibet consistently has opposed the use of violence. He has instead advocated peaceful solutions based upon tolerance and mutual respect in order to preserve the historical and cultural heritage of his people".
Should Canada fail to take effective action in support of the Tibetan people, Canada will have missed a rare opportunity to endorse a non-violent approach to political conflict in accordance with rule of law principles. It is one thing to condemn terrorism and violence as a threat to the rule of law, but if non-violence is not rewarded and staunchly supported, then it may not prove itself a more effective alternative.
During your three-day visit to China last January, there was no public discussion between yourself and Chinese authorities of the issue of Tibet. It is unknown if there were any private discussions in that regard. We are concerned that Canada's response to such blatant failures of justice has been reduced to a formulaic passing reference. The mere pursuit of a trading relationship has proven to be an inadequate means of addressing this crisis. The magnitude of devastation suffered by the Tibetan people cannot be left to be remedied by the whim of market forces. It is incumbent on Canada to take a more proactive approach.
Given its healthy relationship with China, Canada is in a position to play a facilitating role in bilateral talks between the Tibetan Government in exile and the Chinese Government. The climate for negotiations has been set by the Tibetans' abandonment of a claim to full independence. Rather, the Dalai Lama's approach calls for a degree of Tibetan autonomy within China and respect for fundamental human rights and democratic freedoms.
The commencement of such negotiations have been frustrated by China's imposition of preconditions including a declaration by the Dalai Lama that Tibet and Taiwan are integral parts of China. In addition, China has objected to the presence of foreigners, including legal counsel, on the Tibetan negotiation team. Through its favourable trading relationship with China, Canada is in a position to exert leverage so as to encourage China's good faith participation in bilateral talks.
In addition to making itself available as a facilitator of negotiations, we encourage the Canadian government to vocally endorse the Tibetan posture of non-violence as a means of pursuing international justice within the parameters of civility and rule of law and encourage other governments to do the same.
Should Canada continue to maintain a business-as-usual relationship with the Chinese government despite its treatment of the Tibetan people over several decades, Canada will have acquiesced to the most severe violations of human rights and the rule of law. So as to maintain respect for the very principles upon which the mechanisms of justice rest in our society, it is critical that the Canadian Government take effective steps towards a real solution to this crisis.
Kindly provide us with your reply to the concerns addressed herein at your earliest convenience. We would be pleased to provide assistance in furthering the articulation of Canada's position on this matter.
Sincerely,
David Aaron
Correspondent
encl.
Copies to:
Hon. Pierre Pettigrew
Canada Tibet Committee
Office of His Holiness the Dalai Lama
Ian Seiderman
International Commission of Jurists, Geneva
Nicholas Howen
Secretary-General, International Commission of Jurists, Geneva
Ed Ratushny, Q.C.
President, International Commission of Jurists (Canadian Section)