II. Key Recommendations

To the government of the People’s Republic of China (PRC)

  • Impose a moratorium on all resettlements until a review mechanism can be established. That mechanism should entail independent experts assessing policies that require or produce displacement and resettlement of Tibetan herders and other rural populations in Tibetan areas, the confiscation of their property, or imposed slaughter of their livestock. This review should also evaluate the compliance under Chinese, such as the new Property Rights Law 2007, and international law with the rights of Tibetan herders.
  • In instances in which consultation and compensation have not been adequate, undertake steps including offering the opportunity to return, to be resettled in an area nearby or like the one from which people were moved, and/or provide additional appropriate compensation as dictated by Chinese law.
  • Where those affected by resettlement are unable to provide for themselves, take all appropriate measures to ensure that adequate alternatives are available, including the ability to return to a herding livelihood.
  • To comply with the recommendations of the United Nations Committee on Economic, Social, and Cultural Rights and other human rights treaty obligations, review the Property Rights Law 2007 to ensure it provides the greatest possible security of tenure to occupiers of houses and land.
  • Uphold the rights to freedom of expression, assembly, and association.  Recognize the rights of herders to speak out publicly on resettlement, legal regulations, and other issues of concern.

To international donors

  • Ensure that funds lent for development projects in the areas described in this report are not resulting in forced resettlement.
  • Urge the Chinese government to conduct resettlements in accordance with laws regarding consultation and compensation and international standards of transparency and accountability.

To the United Nations

  • The U.N. Special Rapporteurs on Adequate Housing and on Human Rights and the Fundamental Freedoms of Indigenous People should write to the Chinese government raising concerns about forced resettlement and the treatment of Tibetans, and should request an invitation to conduct a mission to Tibetan areas.
  • The Human Rights Council and the United Nations Committee on Economic, Social and Cultural Rights should raise questions about China’s policy of forced resettlement.

To Chinese and international infrastructure companies investing in Tibetan areas

  • Before entering into any partnerships or contractual dealings with the national or local governments of China, demand assurances that the land for projects was acquired in a manner consistent with human rights obligations, and that former residents were adequately notified and compensated for their loss of land, property, and income.
  • Adopt explicit policies in support of human rights and establish procedures to ensure that the financing of projects, or participation in projects, does not contribute to, or result in, human rights abuses. At a minimum, implement a policy to conduct a “human rights impact assessment” in coordination with local civil society groups. 

Detailed recommendations are presented in Chapter VIII, below.