piątek, 18 lutego 2011

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   \139\ In condemning the deportation of the group, the United
Nations High Commissioner for Refugees (UNHCR) noted that the
deportation violated the principle of non-refoulement, which applies to
refugees and asylum seekers, and breaches refugee law for returning the
group before the UNHCR had made a refugee status determination. ``UN
Refugee Agency Deplores Forced Return of Uighur Asylum-Seekers From
Cambodia,'' UN News Centre (Online), 21 December 09. On the principle
of non-refoulement, see Convention Relating to the Status of Refugees,
adopted 28 July 51 by the United Nations Conference of
Plenipotentiaries on the Status of Refugees and Stateless Persons
convened under UN General Assembly resolution 429 (V) of 14 December
50, art. 33(1). In addition, under the Convention Against Torture, ``No
State Party shall expel, return (`refouler') or extradite a person to
another State where there are substantial grounds for believing that he
would be in danger of being subjected to torture.'' Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
adopted by UN General Assembly resolution 39/46 of 10 December 84,
entry into force 26 June 87, art. 3(1). UN Special Rapporteur Manfred
Nowak described the deportation as a violation of the Convention
against Torture. Office of the High Commissioner for Human Rights
(Online), ``UN Expert on Torture Seriously Concerned About Forcible
Return of Ethnic Uyghurs From Cambodia to China,'' 22 December 09.
    \140\ Sebastian Strangio, ``Uighurs' Fate Seen as Stain on
Kingdom,'' Phnom Penh Post (Online), 21 December 09; John Pomfret,
``Uighur Protesters Land in Cambodia,'' Washington Post (Online), 3
December 09; ``Deported Uyghur Had Cambodian Visa,'' Radio Free Asia
(Online), 23 December 09.
    \141\ ``PRC FM Spokesman Warns Against UN `Haven' for Criminal
Uyghurs in Cambodia,'' Agence France-Presse, 15 December 09 (Open
Source Center, 15 December 09).
    \142\ See, e.g., ``UN Refugee Agency Deplores Forced Return of
Uighur Asylum-Seekers From Cambodia,'' UN News Centre (Online), 21
December 09; Sebastian Strangio, ``Uighurs' Fate Seen as Stain on
Kingdom,'' Phnom Penh Post (Online), 21 December 09.
    \143\ Seth Mydans, ``After Expelling Uighurs, Cambodia Approves
Chinese Investments,'' New York Times (Online), 21 December 09.
    \144\ ``China Says Handling With [sic] Citizens Deported From
Cambodia Its Own Affair,'' Xinhua (Online), 22 December 09.
    \145\ Zhou Yingfeng and Cui Qingxin, ``Our Country Busts Major
Terrorist Group Case, Details on Public Security Bureau Announcement''
[Woguo pohuo zhongda kongbu zuzhi an gong'anbu gongbu xiangqing],
Xinhua (Online), 24 June 10.
    \146\ United Nations High Commissioner for Refugees (Online), ``The
Exclusion Clauses: Guidelines on their Application,'' December 1996,
II(i)(10). See also Monette Zard, ``Exclusion, Terrorism and the
Refugee Convention,'' Forced Migration Review (Online), June 2002.
    \147\ ``Uyghur Asylum Bid in Cambodia,'' Radio Free Asia (Online),
3 December 09.

    Notes to Section V--Tibet
    \1\ For more information on Chinese Government plans, see CECC,
Special Topic Paper: Tibet 2008-2009, 22 October 09, 39-51.
    \2\ See, e.g., ``Chinese Vice Premier Urges U.S. To Respect China's
Core Interests,'' Xinhua (Online), 15 March 10; Zhang Shuo, ``Exclusive
Interview With China's Former Diplomat on Three Questions in China-US
Relations,'' Xinhua, 9 March 10 (translated in Open Source Center, 9
March 10); Ministry of Foreign Affairs, ``Transcript of Regular News
Conference by PRC Foreign Ministry on 23 February 2010, Moderated by
Spokesman Qin Gang,'' 23 February 10 (translated in Open Source Center,
23 February 10). See also CECC, Special Topic Paper: Tibet 2008-2009,
22 October 09, 5-8.
    \3\ Zhang Shuo, ``Exclusive Interview With China's Former Diplomat
on Three Questions in China-US Relations,'' Xinhua, 9 March 10
(translated in Open Source Center, 9 March 10) (``The US side should
particularly handle the Taiwan and Tibet issues appropriately . . .
stop doing anything that harms China's core interests and major
interests . . . .''); ``China Expects Positive Results From Obama's
Visit,'' Xinhua (Online), 10 November 09 (``In response to questions
concerning Taiwan and Tibet, Qin . . . [said] the two countries should
respect each other's core interests and concerns.''); Prepared
Statement of Dai Bingguo, State Councilor of the People's Republic of
China, ``Address at the Dinner Marking the 30th Anniversary of the
Establishment of China-US Diplomatic Relations Hosted by the Brookings
Institution,'' reprinted in The Brookings Institution (Online), 11
December 08 (``Taiwan and Tibet-related issues concern China's core
interests.'').
    \4\ ``Policy on Tibet Is Consistent,'' China Daily (Online), 17
October 09 (United Front Work Department Executive Deputy Head Zhu
Weiqun stated, ``However, the so-called `middle line' is still in
nature `Tibet independence.' ''); ``Claiming `Fear in Tibet', Dalai
Lama Tells Lies Again,'' People's Daily, reprinted in China Tibet
(Online), 6 November 09 (``50 years have passed since the 14th Dalai
Lama fled abroad. During that period, the Dalai Lama claimed himself to
be a `religious leader,' but engaged himself in many political events
aiming at splitting China and disrupting the development of Tibet.'');
``China Urges U.S. To Respect Its Stance on Tibet,'' Xinhua (Online),
12 November 09 (``[Foreign Ministry Spokesman Qin Gang] characterized
the Dalai Lama as `the ringleader of feudal serf system,' saying his
acts separated the motherland and breached the country's unity and
territorial integrity.'').
    \5\ ``China Urges U.S. To Respect Its Stance on Tibet,'' Xinhua
(Online), 12 November 09 (Foreign Ministry Spokesman Qin Gang: ``China
is firmly opposed to the Dalai Lama's acts in international arena and
opposed to any contact between the Dalai Lama and leading officials of
foreign governments in whatever name or capacity.''); Wang Wei and Ge
Xiangwen, ``Obama's Upcoming Visit to China Will Promote the
Development of China-US Relations in the New Period--Exclusive
Interview With Chinese Ambassador to the United States Zhou Wenzhong,''
Xinhua, 8 November 09 (translated in Open Source Center, 8 November 09)
(Zhou Wenzhong [implied reference to the Dalai Lama and other Tibetan
and Uyghur entities]: ``The Chinese side also hopes that the US side
will fulfill its commitment with actual deeds on not providing any
support or convenience for anti-Chinese separatist forces.''); ``China
Urges U.S. To Respect Its Stance on Tibet,'' Xinhua (Online), 12
November 09 (``[Foreign Ministry Spokesman Qin Gang] characterized the
Dalai Lama as `the ringleader of feudal serf system,' saying his acts
separated the motherland and breached the country's unity and
territorial integrity.'').
    \6\ Office of the Press Secretary, The White House (Online),
``Statement From the Press Secretary on the President's Meeting With
His Holiness the XIV Dalai Lama,'' 18 February 10.
    \7\ See, e.g., ``China Urges U.S. To Respect Its Stance on Tibet,''
Xinhua (Online), 12 November 09 (Foreign Ministry Spokesman Qin Gang:
``China is firmly opposed to the Dalai Lama's acts in international
arena and opposed to any contact between the Dalai Lama and leading
officials of foreign governments in whatever name or capacity.''); ``If
the United States Challenges China's Core Interests, It Will Pay a
Heavy Price,'' Hong Kong China News Agency, 7 January 10 (translated in
Open Source Center, 10 January 10) (``But viewing from the current
China-US relations, the US Government has acted willfully regardless of
China's interests. The United States may pay a heavy price for this,
heavier than any time in the past.''); ``China-U.S. Relationship Enters
`Dalai Round,' '' People's Daily, reprinted in China Tibet Online
(Online), 5 February 10 (``The China-U.S. relationship has undergone
drastic changes within a period of only 1 month in early 2010. The
Dalai Lama, who is just like an old drum that has nearly been cracked
by the west and China, is likely to bring this round of the China-U.S.
conflict to a climax.'').
    \8\ Office of the Press Secretary, The White House (Online),
``Press Briefing by Press Secretary Robert Gibbs,'' 6 October 09.
    \9\ ``Factbox: Obama Has Busy Itinerary on Whirlwind Asian Tour,''
Reuters (Online), 12 November 09.
    \10\ Office of the Press Secretary, The White House (Online),
``Briefing by White House Press Secretary Robert Gibbs and CEA Chair
Christina Romer, 2/11/10,'' 11 February 10.
    \11\ See, e.g., ``What's the Purpose of Dalai Lama's Incitement/ ''
People's Daily, reprinted in China Tibet Online (Online), 5 November 09
(``Recently, the Dalai Lama is going through a dramatically tough time
in the international arena. He has been given the silent treatment,
even U.S. President Barack Obama had quietly refused to meet him.'');
``Wen Wei Po: Why `Dalai Card' Depreciated,'' People's Daily, reprinted
in China Tibet Online (Online), 5 November 09 (``Certainly, the White
House couldn't admit the open secret that President Obama bent to
China's pressure, and said Obama hadn't refused to meet with the Dalai
Lama and would do that later.'').



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