ABA Condemns China’s Human Rights Violations in Tibet, Passes Historic Resolution to Investigate China’s Human Rights Abuses in Tibet

DHARAMSALA, 9 August: In a significant development, the American Bar Association (ABA) has passed a historic first resolution calling on the US and the United Nations to investigate China’s human rights violations in Tibet. The resolution calls out Beijing for its continued violations of the human rights of Tibetans inside Tibet, marking a significant step towards potential investigations and accountability measures against China.

Resolution 502, passed on August 5 at the ABA’s Annual General Meeting in Chicago, declared that “between 1949 and 1950, the People’s Republic of China (PRC) invaded Tibet. The PRC maintained then, as it does now, that Tibet is an ‘integral’ part of China. In 1951, China and Tibet signed the Agreement on Measures for the Peaceful Liberation of Tibet (known as the 17-Point Agreement), whereby China would keep Tibet’s government and religion in place.”

Resolution 502, unanimously approved by the ABA’s International Law Section delegates, urges the United States and United Nations to act on Tibet’s human rights situation, acknowledging the lack of progress despite past UN resolutions and highlighting China’s ongoing repression through assimilation policies, including a state-run residential school system affecting a million Tibetan children and forceful DNA collection, all of which continue to threaten Tibetan culture, religion, and language.

“Given the ongoing situation in Tibet, and consistent with Resolution 21A502,53, the American Bar Association should urge the United States Department of State to document international crimes which are currently taking place. In addition, the American Bar Association should encourage the United Nations to appoint a special rapporteur on Tibet and incorporate the question of Tibet into its current agenda,” the resolution states.

The resolution specifically calls on the U.S. Department of State’s Office of Global Criminal Justice to investigate and report on potential genocide, crimes against humanity, and other human rights violations in Tibet.

“The American Bar Association urges the United States Department of State Office of Global Criminal Justice to investigate and publish updated findings on the question of genocide, crimes against humanity, and other human rights violations in Tibet; and FURTHER RESOLVED, That the American Bar Association urges the United Nations Human Rights Council to appoint a special rapporteur on the situation concerning Tibet and to include the situation of Tibet on its agenda.”

This development is particularly important as just last month, US President Joe Biden signed into law the Promoting a Resolution to the Tibet-China Dispute Act. Furthermore, the ABA is pressing the UN Human Rights Council to appoint a special rapporteur on Tibet and to include the region’s situation on its agenda.

Sara Sandford, a former chair of the ABA’s International Law Section (ILS), has told JURIST that “the American Bar Association stood up for the rule of law and protection of human rights” by adopting the resolution.

Regina M. Paulose, an international criminal law attorney and Co-Chair of the International Criminal Law Committee in ILS, has welcomed the news and expressed her hope for future actions by the ABA in promoting dialogue and conversations about the rule of law, justice, and accountability related to Tibet, JURIST reported.

JURIST quoted her as saying, “The situation in Tibet has been ignored for far too long despite credible and well-documented reports indicating the commission of international crimes. The steps taken in this resolution should be implemented by the international community at large — not just the United States; ensuring accountability for Tibet in the wake of PRC’s actions, upholding human rights, religious liberty, cultural heritage, and ensuring international court rulings are adhered to.”