Noting that Jiang Zemin, the former Chairman of China and present leader of China's military, hijacked and usurped the powers and resources of the State to wage a personal campaign of suppression, resulting in the genocide against the Falun Gong spiritual group, against the will of his people and government.
Noting that Falun Gong teaches Truthfulness-Compassion-Forbearance and that the labels and accusations made by those who persecute Falun Gong against Falun Gong, its practitioners, and its founder are fabricated lies used to justify this genocide, as affirmed by Amnesty International:
The government's accusations against Falun Gong followers range from ''organising illegal gatherings'' to ''threatening political stability''. These accusations include "forcefully occupying parks", organising or taking part in ''illegal'' sit-ins, assemblies or demonstrations, obstructing "normal religious activities", having "illegally'' published and distributed books, ''leaking state secrets'', ''harming people's health'' or ''causing deaths'' through the philosophy it promoted.
This latter accusation in particular has been used widely by the government to justify its crackdown on the group...
And Human Rights Watch:
China's efforts to equate the Falungong with terrorists are ludicrous...
The charge that Falungong threatens the stability of China does not hold up. Its claim that belief in Falungong is a public health menace is equally bogus. The danger to health comes from the treatment its practitioners receive at the hands of the police and prison officials.
Noting that the use of propaganda against Falun Gong intends to:
- Justify this eradication campaign;
- Deceive people into participating; and
- Quell opposition and condemnation,
and that these goals have been achieved.
Crimes Against Humanity
Confirming that these crimes against Falun Gong are defined under Article 2, sections (a) -- (e) of the Convention on the Prevention and Punishment of the Crime of Genocide GA RES/260 A (III) of 9 December 1948 (which China has signed and ratified):
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
Noting at least 896 deaths through police torture have been confirmed, with government sources inside China disclosing that the actual number exceeds 1,600.
(b) Causing serious bodily or mental harm to members of the group;
Noting that Falun Dafa practitioners have been subject to arbitrary arrest and detention, extortion, brainwashing, public degradation and defamation, loss of education and jobs, psychotropic injections, forced and slave labor, starvation, prolonged beatings, mental and physical torture, rape, forced abortions, death, and murder.
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
Noting that prior to the nationwide commencement of his persecution, on June 10 1999, Jiang created the Office 6.10, which is used to orchestrate, facilitate, and oversee all efforts to completely eradicate Falun Dafa, its founder, and any practice or following of its teachings.
Through establishing staffed 6.10 offices from the federal down to the municipal level of the country, the Office 6.10 has power over every institution and person, including police, lawyers and judges, government and military officials, labor camps, detention centers, hospitals, education facilities, the working community, etc....
Noting that hundreds of thousands of Falun Gong practitioners have been illegally arrested and detained. More than 500 have been sentenced to prison terms of up to life-long sentences. More than 1,000 have been forced into mental hospitals, an act condemned by World Psychiatric Association. Over 100,000 have been illegally sent to labor camps without trials.
Emphasizing that the above are an uncompleted list of facts, as acquaintances and family members are also kidnapped and persecuted for "leaking state secrets" and any reports successfully transmitted through China's information blockade are rare relative to the volume of crimes against humanity and human rights violations taking place.
Recognising that any attempt for legal redress for Chinese citizens who practice Falun Gong in China is met with further and often intensified persecution.
Further recognising that legal redress in China is impossible as practitioners are tried and sentenced and the state's judiciary is employed as an integral instrument in the eradication campaign as identified by Amnesty International:
Furthermore, the government published this and other accusations as 'facts' before leading [practitioners] of Falun Gong were prosecuted. In the context of the political crackdown on the movement, it instituted a presumption of guilt against those to be prosecuted. The official documents issued for the crackdown in themselves show that the judicial process was biased from the outset against the defendants. This violates international standards in several respects, notably the right of detainees to be presumed innocent until proven guilty through a fair and open trial by an independent tribunal. This also goes against new provisions introduced in Chinese law in 1996 to make the judicial process fairer.
And by Human Rights Watch:
The means they used show instead that they wanted to thoroughly discredit Falungong in the process of dismantling it and that they employed rule of law and justice rationales as a cover and as an excuse.
Noting that such severe violations of international humanitarian law are committed nationwide and confirmed death reports have come from 30 different provinces.
(d) Imposing measures intended to prevent births within the group;
Noting that women who fail to give up the practice of Falun Gong have been forced to have abortions.
(e) Forcibly transferring children of the group to another group.
Noting that children and the youth are forcibly abandoned without parental care and those who fail to give up and actively slander Falun Gong and founder are forced out of elementary school, high school, college, and university.
International Threat
Noting that Chinese embassies and consulates around the world have been used to disseminate hate propaganda throughout all levels of government, community centers, schools, libraries, media bodies, etc.. Falun Gong practitioners suffer assault, car bombing, threats against family in China, organized and personal discrimination, loss of jobs, and theft in countries around the world where this hate has been able to pollute the minds of people.
Recognizing that under constant defamation, international diplomatic and economic pressure, Falun Gong practitioners continue to suffer and die every day and the perpetrators go unanswered every day.
Holding that the international efforts to advance and justify the persecution of Falun Gong through society's institutions demonstrate a threat to the sovereignty of individual countries, communities, and the rights of their people.
Concluding that using the claims of "defending human rights", "combating terrorism and evil cults", and "defending social stability" in order to justify and further crimes against humanity is manipulating the good conscience and want for peace embedded in the human heart into a tool for oppression and is essentially attacking and desecrating the founding principles of civil society.
Determined Action in the Absence of Accountability
Declaring that Jiang Zemin and the 6.10 Office are enemies of China and the international community and that they must be not be protected by impunity.
Recognizing that "diplomatic immunity" is granted only to specific individuals for the purpose of maintaining international relations with the ultimate purpose of strengthening international peace and security and that the use of such immunities to absolve responsibility for crimes against humanity undermines the principles and essence of "diplomatic immunity" and endangers international security.
Recognising that with regard to the Convention on the Prevention and Punishment of the Crime of Genocide GA RES/260 A (III) of 9 December 1948, China has stricken article 9, which states, "Disputes between the Contracting Parties... shall be submitted to the International Court of Justice at the request of any of the parties to the dispute." This allows China to support this convention while allowing Jiang the freedom to avoid any legal and formal dispute from any nation for his crimes.
Recognising that the United Nations' treaty-monitoring bodies have been rendered powerless with respect to Jiang as they are not able to address this crisis in China as China has not ratified the relevant Convention Against Torture or the Declaration of Human Rights.
Appealing that the Security Council table this resolution and if necessary suspend the veto power of China for this resolution as use of such powers by China would demonstrate a clear and definite conflict of interest in this issue.
Expressing the urgent need to address the complete absence of legal accountability in the persecution of Falun Gong, and notably for the leader Jiang, who has hijacked and usurped the powers and resources of his state to commit crimes against humanity and thus threatens world governance, justice, and peace.
Recalling that when crimes against humanity have been committed against the peoples of an entire nation and when the rights of people the world over are violated special measures must be taken, as we have witnessed with the creation of the tribunals for Rwanda, Yugoslavia, and the Nuremberg Trials for Nazi war criminals.
Definitively emphasizing the need to stop crimes against humanity and genocide before they claim the lives of several million people.
Determining that this situation continues to constitute a threat to international peace and security and that the establishment of an ad hoc tribunal for the prosecution of persons responsible for the genocide against Falun Gong will contribute to ensuring that such violations are halted and effectively redressed.
Decides to remain actively seized in this matter of societal and historical importance.